The Bismarck Tribune Newspaper, February 18, 1927, Page 3

, FRIDAY, FEBRUARY 18, 1927 KELSCH CLAIMS ARNOLD. THIELE ~ WAS ‘COAGHED’ (Continued from page-one) Under questioning by Langer he said that he had taken no steps to report the incident to the bar association. The defense rested yesterday aft- ernoon and the prosecution began re- buttal testimony this morning. Kelsch was the last rebuttal witness. The case is expected to go to the jury late this afternoon. _City Attorney Louts Connolly, as- sisting in the prosecution, conducted the direct examination of Kelsch, which 1s printed verbatin below: Connolly: You heard the testimony of Mr. Langer? Kelsch: “Yes”, Connolly: You-heard the testimony relative to what took place‘in his of- in touch with Mr. Thiele while Mr. Thiele was at the state penitentiary? lone, with the doors closes A. No, sir. ‘ did you not state to me that “This Q. You will swear you did not?|i the fellow stayed fixed; A. I do swear that I did not. I'I told him if the officials called him swear— " up thirty times to say ‘I don’t re- Q. Just a minute— member? A. Just a minute— A. So help me God, I say not 1 Q. Just a minute— i told you anything of that kind A uae a minute. Let me Hol es and you know it. . Just a minute—you can clear) Keisch: i ~ thet up later if you want to— nel ch: That is all, Mr. Langer, Tam going to finish my an- ther witnesses for the defense, deat tight new: who testified briefly, were Mrs. Yes, wil . Thi hi . Th in-| Ethel Mil H. MeRobers of the prtineker with Mrs. Thiele and Lal @. No, Iam dofig the examin-| ETN! Titiatory “department; Fred Q. And I take it you inquired of The court: Now this has to stop. pepe eel chief; Mri him with reference to the facts and|If this throws any light on it, go Haya) hnen, Thiele’s sister; gree. q cireumstances pertaining to his de-| ahead, and if not, let's go on with the) (°°, Broderick, Mandan, court report- Earlier in his tall he had declared | fense. : cane: f er, and Chris leek, Mandan, that “there is something rotten| A. Certainly, Did not Discuss Testimody 7 rosecution, recalled E, e j orton county surveyor. oa ee ocala aed ee ta Q. Do you remember of me call ae i ing at your office about a day or so, TURAN en ee ‘Thiele’s Memory Not Clear Q. ‘And at that time Mr. Thicle’s| after we had taken his statements-] after we had taken the statement of ‘A sensation was created yesterday afternoon. when Langer took the memory of what had happened was e quite clear? Mr. Thiele? Do you remember of witness stand to be cross-examined ' lone case where justice should be'touch, had you not, with the friends tempered with mercy.” and relatives of Mr. Thicle? Louis Connolly, city attorney of A. I had not. Mandan, made a touching plea for Q. You had sought and had solic. the\ prosecution, and brought forth ited the defendant in this case had much emotion when he told of his you not? friendship for Romer and of the” A. I had not. trust Romer’s family had placed in You make that statement un- der oath—under a solemn oath? . I make that statement under a solemn oath, yes, sir. @ And after you got to Mandan you went to the court house and saw Mr. Thiele? at that time, while I was in your EXACTLY SUITS ELDERLY per-! ing years) and to-dry up the natura 80NS ‘ and” necessary — secretions. Unemployment Is | Jaxative, wonderfully soothin, There is a sound therapeutic rea-| healing he. irritated area, Fole Not Serious Here son why Foley’s Honey and Tar|Honey Tar Compoun a Calls for furm workers throughout! Compound for coughs and colds is| stops all coughs and throat irrita- the staté are helping to materially re-| especially suited to the needs of eld-| tions, lingering “flu” coughs and dis- duce unemployment among unskilied | erly persons: because it contains no| turbingy night Te exactly workmen in North Dakota, the Janu-| chloroform, or opiates te suited te ti! ary labor report for the Northwest! stipation (that of advane- | ple. ke district shows. B jing throughout the state is| Richholt’s Cash and Carry icc mzen” | [rm] Grocery Paes] fair demand at Grand Forks. Flour, seasonally quict but manufacturing! mills are operating at normal bet! THE ORIGINAL CASH AND CARRY STORE Cy ‘Romer was my frien near to me as a brother,” Connolly said. “I can see the spirit of Nels Romer looking down on this court room with the same smile on face and saying, ‘Lou, you have not broken faitl He urged the jury not to break faith and to convict Thiele of murder in the first de- forces working and employment in the lignite mines has been better than for months previou i Fargo has a small surplus of build-| ing mechanics but packing plants and | wholesale concerns are operating at} normal and calls for farm help are re- talked to him ¥ ducine the common labor surplus. and wholesate firms have normal| | Gri . K. K. Konelave, Audi- torium, Sunday afternoon, 3 a P.M. Free. ‘there is surplus of building trades- Kelsch: ‘Connoll; Kelsch: “Yes.” “What was it?” “I was at Mr. Langer’s of- * fice shortly after I exaniined Thiele. Langer said ‘I see you had Thiele up.’ 1 answered ‘We did.” ‘What was the line of his testimony?” Langer asked. I replied ‘On general matters he talk- ed freely but on the important ele- ments of the crime his answer was that he did not know or did not re- member except that he recalled ‘shooting at an object.’ Langer said, ‘I told that fellow no matter if you guys or &he authorities caljed him up 20 or 30 times to say “I don’t re- member.” By golly, that’s one time the defendant stayed ‘coached.” “Langer asked me if I had a copy of the testimony taken at the pre. liminary investigation. I said I did not, but that one would be prepared soon and I would see that he got a copy. I make this statement under solemn oath.” Cross Examination Can you tell me the hour conversation took place? : I ar not sure, I think in the afternoon. i What day was it? Kelsch: I am not sure. 1 think it was two or three days after the examination. P Langer, in his cross examination of Kelsch, repeated the same ques- tions that Connolly had asked of Kelseh and endeavored to trip up the state's attorney on his answers, but Kelsch repeated verbatim the state- ments made on direct examination. Langer: Who was present at that conv ition? Kelsch: Only you and I and the door was closed. Langer: Did you see my secre- tary, Mrs. Mills? Kelsi I think there were two women in the office. ; Langer: What was the first thing you said when you came into my office? ‘ Kelsch: Langer: my office? Kel Ten or 15 minutes. Langer: You were surprised at the statement I made? Kelsch: I was. That's why I re- membered it. E Langer: Did you make any in- quiry after you left? ore Kelsch: I made a partial inquiry. Langer: Did you get any proof? Kelsch: I did not. I think your trail is a pretty hard one to follow. Langer: Did you lay a complaint before the bar association? Kelsch: I did not. Mr. Langer then asked whether Kelsch had sought to trail Langer, if he had inquired of various persons as to Langer’s actions. 3 ‘Attorney Connolly, objecting, was sustained on every point. Witness Tells of Quarrel Freeman Grannum, night clerk at a Mandan hotel, was called by the prosecution as one of the last wit- hesses and testified concerning a quarrel between Thiele and his wife he had witnessed in the hotel lobby December 16. Mrs. Thiele accused her husband of infidelity, he sai The state ‘rested at 10:10 and Milton K. Bigg assistant state’s attorney of Morton county, gave the opening plea for the prose- cution. Higgins advised the jurers to con- sider the facts only. He declared Thiele's going about unassisted the day of the murder indicated he was not excessively drunk. “Thiele’s saying ‘I have killed the I don’t remember. : How long were you in head policeman,’ shows e what he .had done,”. Higgins said. “His throwing the gun away when he met Sheriff Charles McDonald shows he knew he was covered and his crying, ‘My God, what; have I done on Christmas day?’ 3 he realized the nature of his crime and was filled with remorse.” . Plea began the defense Nachols Begins Defense S. L. Nuchol still talking when Nuchols pleas and was court recessed at noon. cited the law of self-defense which permits a man to protect his person- al property. “The chief had no right to enter that house unless Thiele had com- mitted a felony or a public offense in his presence,” Nuchols said. declared the sudden impulse, “felonious intent criminal information. He advanced the possibility that Romer might have struck at Thiele with the cane or “billy” he was al- lege to have carried. fuchols argued, in closing, that a 10-year sentence would mean the same as life to Thiele, declaring that the defendant “probably won't live 10 years.” He declared that “this is “GO WEST, YOUNG MAN” H. L. Thorson and A. W. Skautud went West. They took their ‘opportunity’? right with chem —practical business training: at Dakota Business College, Fi Skaurud found himself th the Oregon-Washington | Navigation |} Co., Portland, Oreg. Thorson se- cured a fine position withthe Illinois Pipe Line Co., Illco, Wyoming, . Watch each week. See results of D. B. C. ACTUAL BUSINESS training! ighted—unobtainable elsewhere.) ‘‘Follow the SucceS$- ful.” Spring term, Mar. 1-7. Grad- uate at busiest season. Write F. L ‘Watkins, Pres. 806 Front St., Fargo SSS { he knew| - by_Kelach, K had previously objected to questioning of Charles M Donald, former Morton county she iff, concerning the time Langer had first seen Thiele, and accepted the position of defense counsel. Kelsch declared that Langer was mee ok to testify without tak- ing the witness stand himself and giving the state an opportunity to cross-exarhined him.” Langer’s Testimoney A transcript of the questioning of Langer, given the Tribune through the courtesy of Edwin McCarty, court reporter, follows: (Mr. Langer examining Mr. Donald.) Q. Yot know, do you not, that that was the first time that I had been up there—that’I had been up there to see him so far as you know? A. So far as I know. Q. And I stated to you at that time what we (Mr. Thiele, Albert Moen and Langer) wanted to see this man for, did I not? A. Yes, sir. Mr. Kelsch: Objected to on the part of counsel attempting to testify in this case through questions ‘pro- pounded to the witness without tak- ing the witness stand himself and giving the state an opportunity to cross examine him. Mr, Langer: Well, if that is what you want, we will give you all the chance in the world to do it. Go ahead and cross examine me. Do you want to cross examine me? Mr. Kelsch: Certainly, Mr. Lunger. Sure we do. Mr. Langer: Mr. McDonald, come down off that witness stand. (Mr. Langer takes the witness stand.) All right, go to it! Just hop to it! (Mr. Langer stands up and holds up his right hand.) Clerk, swear me. (Mr. Langer is sworn.) Now hop right to it and do your cross examining, and see if I care. Mr. Kelsch: Are you all ready for! cross examination? Mr. Langer: Yes, sir; hop right to it. Mr. Kelsch: Have you any ques- ions to ask? Are there any ques- tions that you want to ask yourself before I start? ‘A. None at all. Q. You are the attorney for this defendant in this case? | A. Yes, sir, t Excited You are very much) time, are you not? | . I am not excited, but I am certainly surprised at the attitude of the State’s Attorney—I am cer- tainly surprised at the attitude that the State's Attorney of Morton county is taking with regard to— Q. Well, that is to be expected— ‘| The court: Now, if you have any questions regarding this case, you ask them, but we are not going to have any arguments. Q. Mr. nger, when were you first ealled to see Mr. Thiele? When were ydu first requested or called to see Mr. Thiele at the jail in Mor- ton county? Who called you? ‘A. I was requested to go and see him by his brother and Mrs. Thiele. When and where did you get that request? A. The 27th day of December, 1926, at Mandan. Q. At what time of the day, proximately? A. Seven-thirty or eight o'clock. Q. Seven-thirty or eight o’clock? A. Yes, sir. Yes, sir. Now then before that you had attempted to get in Q. Yes, —— at th @ time for a drive. Ba ker Baking & Candy Co. | Home again. Mr. Thiele— Just answer my question. it was not. A. Q A. accept the defense? . Yes, sir, I did. Q. And you yourself went down to the town of Leith for the pur- pose of securing the circumstances or finances of the parents of the ac- cused? A. Yes, at the request of Mrs. Thiele and her husband. Q. That is’ your own statement— “At her request you yourself made a trip in your own car down there?” A. Yes, and I took a man with m Q. Mr. Langer, you sought to get From breakfast to bed SHREDDED meal all the for a me calling at your office about a day or.so aftér we had taken Mr. Thiele’s statement at Mandan, North Dakota, on the 27th day of December, 1926? A. I don’t remember, You may have. I will not deny that you did. I do not remember. | Q. Will you swear, that at that time, you and I did not discuss the substance of the testimony given by | the defendant at that time, taken at that time and place above referred to? A. I certainly never discussed | with you the substance: of any tes-| | timony given by this defendant. | Q. 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