The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-04-05
ALLEGE STRYCHNINE
FOUND IN BODY Of
MURDERED FARMER
State Discloses POISONING Will
Be Charged as Possible
Cause Of Death
CHEMISTS ARE CALLED IN
Will investigate Further in e.
fort TO Bolster Prelimin.
ary Findings

Fessenden, N. D., April 5.-(R-
The state Thursday revealed that It
contends that Henry Zirbel. 50. Chase
ley farmer, whose widow and elder
son are charged with numbering him,
was poisoned.
Although Mrs. Agnes Zirbel and her
son. Raymond. 81, were scheduled to
BE- brought up for preliminary hear
ing in justice court here Thursday,
the case was postponed, probably UNI
Ill May I, by agreement between the
prosecution and defense attorneys.
Here to testify was Dr.. q. A. Alb
bolt, head Of the chemistry depart
rient Of the University Of North Da.
kota, who has made = pathological
examination Of Zirbel's vital organs,
and It is on the basis Of his report
that the state contends poison was
ct least partially responsible for Zir-
bells death.
The complaints, - they now stand
against the widow and son, allege that
Zirbel was killed by them by beating,
choking and other actions Of yio-
lenoe. Is well as by burning and as
phyxiation.
states Attorney J. w. Schmidt. who,
with Assistant Attorney General J. A.
Heder Of Bismarck Is In charge Of the
prosecution, said that when the hear
ing Is held he intends to ask permits
sion to file IN amended complaint
which would include IN allegation
that zirbel was poisoned.
In agreeing to the postponement Of
the hearing. both the prosecution and
defense attorneys agreed that they
prefer to have . district Judge come
here to sit Is committing mags-
trate ct the hearing.
Body ID Exhumed
ZirbelS body was exhuned We'd
nesday afternoon and was brought to
an undertaking parlor in Fessenden
and q. new autopsy was held during
the night.
The autopsy was performed by DR..
A. H. French, dean Of the medical
school ct the University Of North Da-
kota,. and Dr.. A. K. saiki, professor
Of pathology at the university.
Several Of the vital organs were
removed by the two doctors to be
taken to Grand Forks for examina-
ton. Examination Of the body was
ordered by Dr.. G.. A. Boyum, Harvey.
Wells county coroner.
Several pictures Of the body were
taken to show 1t was severely burned
between the shoulders and hips and
also other parts Of the body.
A rope was placed around the
body, as the body had been trussed
with barbed wire when 1t was found
on burning straw stack little more
than two miles from the Zirbel home
On the evening Of March 10.
It was the wish Of DR.. Abbott that
. new autopsy Be performed 20 that
q more thorough exploration Of the
vital organs might be made In =
search for poison evidence.
VIM Investi9ate Further
He has indicated to the prosecu-
ton that he Is convinced that there
was strychnine In ZirbelS body but
he wants to do more pathological
work.
The first delay in the hearing oc-
CURED Thursday when the defense
attorneys, Senator w. +. Matthaei, Of
Fessenden. and George Thorp Of FAR
70, filed IN affidavit Of prejudice
against Judge J. L. Johnston before
the murder complaint had been filed.
Judge Johnston sent the case to jus
tice 8. J. Kershaw and the state was
prepared to file m affidavit Of pre-
JUDGE against him. which would trans
fer the case to Judge A. ". Green
field. However, the attorneys got to-
gether and agreed they were In favor
Of district Judge to sit ct the hear
ing and that there should be = delay.
probably until May Z.
The defense attorneys served notice
on the prosecution attorneys that, In
addition to representing Mrs.. Zirbel
and Raymond. they also are counsel
for al members Of the Zirbel fam
lily, including Carroll, 10, and Eliza
beth IS, under subpoena Is state Wit
nesses, and Miss Leona Braeger. school
teacher who boarded at the zirbel
home.