The Bismarck Tribune Newspaper, February 19, 1927, Page 3

SATURDAY, FEBRUARY 19, 1927 MAN MURDERS + WIFE, CHILDREN KILLS HIMSELF Coroner Decides Fear of Starvation Drove Utica, New York, Man Insane _Utiea, N. ¥., Feb. 19—()—A ver- dict of Six murders and a suicide was given today by Coroner G. A. Holden, after his inquiry into the deaths of Mr. and Mrs. Guy M. Tay- lor, and their five children, whose bodies were found in their home yes- terday. Taylor, crazed because of inability to get work, first stabbed his wife sto death and then killed all five chil- dren before taking his own life, the authorities concluded, Fear of starvation rather than ac- tual want drove the man insane, the coroner decided, after finding $45 concealed in the underclothing of the mother, It was first thought that the family was without funds and that the fath- er and mother had agreed to do away with themselves and the children. Later ‘inquiry showed that the As- sociated Charities had investigated the case, had found the mother em- ployed and had offered assistance, although the family had never ap- vealed for charitv. STATE SENATE VOTES REPEAL FLAT HAIL TAX (Continued from: page one) Ettestad, McHenry county, said that every legislature since the enact- ment of the prohibition law has been asked to make additional laws that add to the burden of taxpayers. A motion to indefinitely postpone the bill lost, on roll call, 25 to 23, and by agreement further consider- ation was postponed until today. _ Senator Hamilton then said that it amused him to observe “temper- ance, men who vote dry and drink wet.” Some discussion was had over a concurrent resolution that would submit to a vote of the people a measure that would enlarge the seope of conciliation courts. The sure was killed, 20 to 28, through jection of a minority report of the judiciary committee. An sure that would reapportion representation -in the legislature and cut down the number of members in both branches was speedily de- feated by the apportionment com- mittee, meeting during a 10-minute rece: Senator Walter Bond, Ward coun- president pro tem, presided over je senate for the first tinfe during the latter part of the day. Verdict of Second Degree Murder Returned (Continued from page one) front door. Failing in this, he went around to the side door and entered. Justas he. came in, Thiele fired fiva times, one bullet entering Romer's brain and causing a mortal wound, one the shoulder and one the arm. Two shots went wild. The murderer then left the house and walked dqwn First Street, brand- ishing the pistol with which he did the killing, and was captured by Sheriff Charles McDonald at the post- 0} ? kill you,” the sheriff shouted to Thiele, putting his hand in his pocket as if he had a gun there. Thiele threw the gun away and was placed in a car and taken to the county jail. ty, Public feeling reached the fever| point Christmas afternoon and talk of lynching the man was general. Fear- ing violence, Sheriff McDonald re- moved Thiele to the penjtentiary at Bismarck late in the afternoon. Fails to Confess At 4 p. m, the following Monday, Thiele was spirited back to Mandan and brought to the judge's chambers in the courthouse, where he was.given an opportunity to make a confession. » He had previously expressed his de- sire to “plead. guilty and get it over with” but an hour and a half of ques- Jioning failed to bring forth the con- fession. Thiele “could not remember” the events leading up to the shooting and made only one admission, that he had shot “at an object.” Placed in a cell in the Morton coun- jty jail, Thiele announced the follow- dng day that he had engaged William Langer as his attorney and the fight to save him from a life sentence was begun. The matter dragged on until Janu- ary 4, when Langer filed an affidavit of prejudice against Judge H. L. Berry. This was done before a crim- inal information had been filed and the attorneys for the prosecution, State’s Attorney C. F. Kelsch, A ant State’s Attorney Milton gins and oe ere). Louis Con- nolly, conten: that it was there- fore not valid. All facts were then turned over to the supreme court, which on Wednesday, January 6, sus- tained the prosecutio: jection On the same day, Kelsch was cal ed into a secret conference with the county commissioners and reports were that a majority of the officia commended that a plea of murder & the second degree be accepted, anger having announced his client’s willingness to accede to this charge. The next morning a criminal infor- mation charging Thiele with murder in the first degree was read in dis- trict court. Langer then withdrew his affadavit against Judge Berry but entered a demurrer to the informa- Affidavit Is Filed January 8, Langer filed a “double barreled” affidavit of prejudice against Judge Berry and Morton coun- ty and the case was ordered transfer- red to Bismarck, Thiele was moved to the Burle’ gouty. jail January. 14, by order of udge Berry, and placed under guard, authorities fe aring @ possible recur- rence of the feeling which nearly brought ®n @ lynching in Mandan, Final decision that Jadge lansonius would sit in the case was ade February 8, following a confer- efice with sixth district judges, and the case was ordered for trial Febru- ery 15, < Kaditionat instructions as to the jury retired at 8:30 last ‘ni an Two The additional instructions were given to the jury at 1:30'this after- n -by Judge Jansonius, who an- ‘swered two questioni ounded by durymen this morning: meaning igh | 4, of “voluntary intoxication” and of “malice, aforethought.” | The jurymen asked an explanation | of a section of the statutes which reads: . “No act committed by a person while 4n a state of voluntary intox- ication shall be deemed less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive or intent, is a necessary ele- ment to constitute any particular species or degree of crime, the jury may take into consideration the fact that the aceused was intoxicated at the time, in’determining the purpose, motive or intent with which he com- mitted the act.” In explanation, Judge Jansonius jomicide to be murder in the first degree must be either wilful, delib- erate or premediated. Either of the elements infer intent. “In other words, there must be an intent to kif. This intent may have existed a long time or @ short time. But the element of intent must be Present. “Therefore, while a drunken man is subject to the same legal responsibil- ity for his acts as a sober man, and while the same inference as to intent may be drawn from his conduct as from like conduct of a sober jnan, these are presumptions of a general criminal intent only. 1 “If intent to kill did not actually exist at the time of the killing, it could not be murder in the first de- gree.” “If a man who committed a homi- cide was so drunk, the fact he wai intoxicated may be considered to de- termine whether the defendant could form the intent to kill and if he could not, it would reduce the homi- cide to murder in the second degree,” Judge Jansonius said. “Malice” Defined ‘ Malice was defined by Judge Jan- sonius as “a wish to vex, annoy or in- jure another person or an intent to do a wrongful act, established cither by proof or presumption of law.” “Malice in its legal sense differs from the meaning it has in common speech,” he said. “The words ‘malice aforefhought’ convey the idea of hatred or animosity against the de- ceased. “In a legal sense, the words are not used to denote spite or malevo- lence, hatred or ill-will to be person Milled. not that the slayer killed his victim in the cool of blood or with a settled dasign or premeditation. “In a legal sense, the words ‘mal- ice aforethought’ include a general malevolent recklessness of the life and safety of others. Malice is not confined to a particular animo: to ‘the person killed but includes an evil design in general.” There was little sleep in the jury room, attending bailiffs indicated, and loud voices could be heard in argument until the small hours of the morning. The vigor with which the jurors deliberated during the night was in- dicated by the fact that voices raised in argument could be heard almost 100 feet from the jury room despite the fact that the doors were closed, court attaches said. The announced aim of the defense throughout the trial was to obtain a verdict of less than first degree murder, which carries with it a life sentence and no possibility of release until after the prisoner has served half of his normal life expectancy. With completion of final argu- ment in the trial by State’s Attorney C. F. Kelsch and Langer at 5:30 Fri- y afternoon, Judge Jansonius or- dered a_ recess until 7:30 and at 8 o'clock began reading his charge to the jury, turning the case over to the 12 men at 8:35. Instructions Amended The instructions to the jury were amended at the final moment on motion of State’s erie Kelsch, who requested that Judge Jansonius add the point that a conviction on charges of first degree murder need not require that the accused be guilty of “wilful, deliberate and premeditated” slaying, but that wil- ful, or deliberate, or premeditated action” in a homicide may be a basis| 1 for conviction. “There is a fine point of law to be considered,” Judge Jansonius told he jury in connection with the alle- gation of the defense that the police chief had entered a private dwelling without a warrant for the arrest of a man on a misdemeanor charge. “The point of breach of official power certainly was not an excuse for homicide, however,” he stated in his instructions. Drunkenness No Excuse - On the contention of defense at- torneys that Thiele was: “crazy drunk” the judge declared drunken- ness_neither palliates nor excuses homicide. It is up to the jury to de- termine whether Thiele was too drunk to form a purpose to kill, he told the jury. " Where during the trial Defense Counsel Langer raised the issue as to the form of complaint or informa- tion, in that it set forth Thiele shot and instantly killed Nels H. Romer and planned the “wilful, deliberate apd premeditated death of some hu- man being,” Judge . Jans the part of the state in his instruc- tions. “You will note that the informa- tion does not charge Thiele with in- tent to kill Romer, but a ‘human be- ing,’” he said. “While the law re- ires that to convict a person of irst degree murder a wilful, delib- or premeditgted attack was et it is sufficient that design to kill ‘some hu- man being’ and then the defendant | d is guilty of first degree murder.” Langer, in his closing plea for the defense Friday afternoon, declared that Romer had no right to enter the Thiele home without a warrant and asked: “Wasn't Romer guilty of contributory negligence when he knew there was a man inside the Thiele home with a gun?” Must Find Malice “Unless you can find malice in this case, all my client is guilty of is manslaughter,” he told the jury. He brought up the testimony of former Sheriff Charles McDonald as to the “e! appearance” of Thiele and shouted vehemently, “Weill rest our case on the testimony of Charles Mc- Donald.” He read numerous questions and answers from the transcript of the preliminary examination in support of -his contention that Thiele had suffered a total loss of memory concerning the events of Christmas ja Y. State’s Attorney C. F. Kelsch de- livered one of the most forceful pleas of the day and kept the court- room tense during his talk: Seven Major Element: He opened his plea by taking up the seven major elements the crime, which he outlined as follows: The time, December 25, shortly after 12 o'clock. tee The place of the crime, Mandan. The fact that the defendant was armed with a deadly weapon, ‘The fact that Thiele shot and in- flicted a mortal wound on the body of Nels: Romer. “We: brought in these photographs of the interior of the house to show the intent with which the crime was committed,” he declared, th it to fe mised by tatSrencess 07 Ot The fact that Romer died instant- —_ ly. “These photographs prove it,” he declared. The fact that the shooting was un-{ lawful and felonious. “Where was! the justification for this shooting?” he_ asked. | The fact that Thiele acted wil-| fully, deliberately or with premedi-) tated design. *‘Wilfulness’ implies) a@ purpose or a willingness to com- mit an act; ‘deliberate’ is an act done with deliberation and in a calm state of mind,” he said. Must Consider Facts “I am going to look facts in the face and inquire into the human heart and brain and find out what actuated this murder,” Kelsch de- clared. “We must face each other as man to man and straight from the shoulder face our responsibility. This is no time for shouting and de- ception. That time is ‘gone forever and you must try this case on the testimony given you. “They say that this murder was justifiable and that he was protect- ing the sanctity of the home. Home is a place where love, honor and af- fection live. Can we talk about sanctity of a home where love is absent, where the husband tries to kill his wife, where he gets drunk on Christmas day, of all days? “They say that he did not commit this murder feloniously. But how can there be any doubt in your minds? To murder feloniously the crime must be performed with a de- sire to kill, wilfully and with deter- mination, The desire to kill may be formed instantly in the heat of passion. Wilfully? Oh, yes, they he did not do go wilfully—that e did not know what he was doing —but how could he aim at an object and fire that revolver five times and not do so wilfully? And, when he fired that revolver he was deter- mined to kill, regardless of the pleas of defense counsel. “Defense counsel have cast asper- sions on-me because it was my lot to be born in Russia, But thank God in this enlightened age we judge a man in the light of honor, manhood and principle. , The world will find you out if you are four- flushing or, camouflage yourself. Self praise gad self longer make: or unmake us. y Will Set Example “There is no influence like ex- ample. If you are going to tell the |people of Morton county, of Bur- leigh county, that you, Mr. Juror, will not allow sentiment to enter into your decision then you must tell u by your verdict that we are going to uphold our right of life and protect the policeman who may at any minute be called to protect the life and safety of ourselves and our don’t want any of those errors in Morton county. “What are you going to say to the people of this county if you say, ‘We condone, we forgive, we ¢ ae life worth while? They a: use charity and kindness in dealing with this man. Where was his char- ity and kindness Christmas day? Where \ was his self-respect and honor?” Referring to the tilts between him- self and Langer following his inti- mations that nger had .told him Thiele was ched” and that Langer had solicited the case, Kelsch Testimony Was “Duty” “This was a question of duty. No one would hesitate to make a choice when such a thing develo; I had to do one of t' things: Either ad- j mit I was deceiving the jury-or take the stand to swear to the truth of my statements. I chose the latter.” Louis Connolly, prosecution attor- ney, made one of the most moving pleas of the aftérnoon just before Langer’s argument and when he finished the spectators in the court- room showed visible emotion. In the beginning of his plea he stressed the point that a bond of brotherhood has grown up between Morton and Burleigh counties and; the West and East Missouri Slope country. «illing was heard. “People were going to and. coming rom the churches,” he said. “The church bells were —_ ringing—On Christmas day, Yuletide—and while the echo of the bells rang o' great calamity overcame our cit; “Strong -men walked down the streets with bowed heads and tears in their eyes, and the. question came. “Why was he murdered?” He summarized the major points of the case briefly and declared that Thiele acted with premeditation and malice. Thiele Called Lower Than Snake “This man,” he said, pointing at! Thiele, “is lower than a rattlesnake. A rattlesnake at least warns when it is going to strike—but this man did not,” Turning again to the jury, he said: “I can see the grave of Nels Romer in Jamestown, where his body lies buried under ‘the bosom of Mother Earth. I can see the snow on the grave, Spring comes, the snow melts away and the grass appears. Soon a meadowlark sits on his tomb and sings. “Then, I can sce ‘the grass waving in the summer breeze, wafting in the fragrance of the prairie rosc. Then the grass withers and the snow comes again. And so it will go on for time immemorial. “He was my friend. He was as near to me as a brother. I can see the siprit of Nels Romer looking wn on this courtroom with that same smile on his face, saying: ‘Lou, you have not broken faith.’ ute you from failing hands we row The torch; be yours to hold it high. If ye break faith with us who die We ay ig 4 He rtant “If you convict this defendant of a lesser charge than first degree murder, you are saying, “Go and kill some more.” You must protect so- ciety. This is an important case, not only so far as the defendant is con- cerned but so far as the whole state of Nerth Dakota is concerned. “As long as time goes on, on Christy day in the household of Nel jomer he will be remembered. It will be. some si n to his family to know that justice has been done. : Hampton Bill Schiermeister of the Gayton district. was a business caller at the Godfrey Grenz home Monday. While here he and Henry. Knittel went to Cannon Ball. ~ Adam Rambur and Adam Geist of near Huff came down Wednesday afternoon where they bought a car- 1 hay from Porter Umber, which they will ship to Huff. / Frank Chesrown sold 75 tons of baled hay to the Citizens State bank at Fort Rice. , Dewey Lawler, Merle Buck and Ferman Busby are busy putting up ice from the Horse Head creek for their summer reserve. ae Ed. Weller made a business trip nf al to-Cannon Ball Thursday. A-number of young folks of ommunity attended the dance on AN ‘It may be human to err, but we| ¥ § | bs THE BISMARCK at the Ranch Friday evening, C, H. Buck was a business, caller at Linton the fore part of the week, Godfrey Grenz delivered a load of wheat to Fort Rice Wednesday, which he sold there for seed wheat. Some of the young folks from this vicinity attended the minstrel show and dance given at the agency-hall of Cannon Ball Thursday. Frank Chesrown was a caller at the Badger ranch Sunday afternoon. Cannon Ball Regan Work has been started on the American Legion’s log cabin. The hauling is done by Joe Michelson and Fred Danielson. The cutting of the logs has been left in care of O. C. Uhde, who has done very Ww. well. We are informed by Mr. iS that the cabin is to be built in the old American style. The commander, Mr. Urbach, has just returned from a trip to Min- nesota and eastern points, and re- ports that the legion is doing won- derful work all over. The jack rabbit drive Sunday turned out bad for the legion boys, as they lost five to one to the town team. The legion boys then took Mr. Penner’s team to the Stratton Inn for the feed. The tables were decorated in Valentine style. .A few short talks were given, one| ; by Mr. Penner, whose subject was How to Kill Rabbits and another by Attorney A. H. Helgeson, who ae a short autobiography of Lin- coln. The Boyd P. T. A. met at school No, 2 Friday e + The program carried out with great success. . O. Knutson gave a very interest- ing talk on “The Resources of Our Community.” He made hig talk very effective connecting the present theme of agriculture work with the ack-ground formed by our great en who were all great agrieultur- incoln. He elabor- present resources of -agri- culture which is very helpful to the community at this time of year, Another very interesting helpful talk was given Robert Boydon “The Bringing up Children in the Coun- t She brought out her point y by bringing out the bet- ies of the country ei She quoted from “TI of a Little Czecho-Slovakian who became a great American ‘ause he realized his greatest! al from boyhood. The meeting vas conducted by the vice president, Mrs, Ed Doppler. The numbers that were omitted at the meeting this time will be given at the next meet- ing, which will be held Mareh 11, By way of correcting a mistake in last week’s paper the pie social will be held at Boyd No. 1 on February 25, 1927, I. W. Burke and by Mrs, Merits of ter Life Boy of Bozeman, and little daughter, Julia arrived Friday evening and will stay for an extended visit with her parents, Mr. and Mrs. Hector McLean. Glen Baker returned home after being away chopping wood for the past week. Mrs. Hector McLean and son H.} L. McLean were in town Friday onj business, i Irving Anderson was a caller at{ the Hector McLean home . Tuesday. The young men of ity went on another rabbit hunt Sunday afternoon, The drives were from the John Craven farm. were 165 rabbits caught in all. Irving Anderson took a carload of | cattle to St, Paul for L. E. Heaton | Thursday. | Lark oo Erwin Jones transacted business in Carson Wednesday. Ralph Ozbun and Frank Hatcher were Carson callers Tuesda: Mrs. Claude Wolfe left Wednesday for Felton, Minn., to visit her par- ents, Miss Naomi Schick, who is attend- ing Business College at Bismarck, is spending the week with her par- ents, | Little Billy Hanson, son of Carl) Hanson, is seriously ill with scarlet fever, | Mr. and Mrs, Med, Roberts of Car- | son were sts of the Lark Whist club Saturday evening. | Friday evening the Thain baskct-| ball teams journeyed to Shields to} play their return game. The Thain| teams were handieapped on the Shields floor, as they had not played | there before. Both teams met. de-; feat, The boys’ score was 27-11, girls’ 11-6. The Thain teams were | loud in their praise of the Shields | team: however: and vote, them splendid entertainer: § Fred Kreft ahd gon Eric trans- acted business in Carson Thursday | afternoon. Miss Alice Weenreich of New Sa- | lem is visiting at the Wm. Allen home. A surprise party was given ut the Lawrence Larkie home /Thur: evening in honor of Mr. Larkie's 27th birthday. The evening was spent playing whist and games, after which a delicious luncheon w ser | Sam Knoll is confined to his home with inflammatory rheumatism. The Leith basketball teamsi play the return game on the Thain floor Friday eveni rs. ice MeGill motored to Carson Friday afternoon to write on teachers’ examinations, _Werner — Lagerval siege of the fe A number of the local movie fans ' motored to Carson to attend the Dempscy-Tunney mateh shown at the | Orpheum Saturday evening. i Thursday afternoon County Agent Martell visited the Thain school for the purpose of organizing boys’ und girls clubs, A calf club was formed called, “The Overland Calf Club,”| with the following members: Chris- ad Muetzel, August Huber, Arthur luber, Albert Huber, Paul Harmon and Elmer Holland. The pig club chose ‘the ‘name “The Highland Pig Club,” with the following members: ae wack Santas Huber, liam Muetzel, . Carter, Roy Griffith and Bernard Speilman. The is having a TRIBUNE . a girls chose sewing and named their club, “The Sunshine Girls.” Those joining were Josephine Twite, Ruby janson, Margaret Miller, Ida HuBer, Leora Florup and Nellie Martin. Mrs. E. J. Daily. was asked to act as leader O'Connell for the boys, for the girls and Mr. Wim. Vogel wag a business caller at Flasher Tuesd: The Wm, Chesrown family are sick with the grip. Frank McArthur is helping with the farm work at Sam Knolls during Mr. Knolls illness. Sunday the following _ relatives visited at the Leo Martin home. Mr. and Mrs. Robert Bashonz and little daughter of Heil, Mr, and Mrs. Hen- ry Zeller and Hilda, Louise, Mary, Adolph, Berthold and GottfriedZeller. | Martin’s make it The occasion was Mrs. birthday and they helped a very happy one. Chris Rustad returned to the hmeding home near Carson and Mrs, W. B. Noyse were ntly surprised Sunday when a number of friends and — relatives gathered at their home in Thain to help them celebrate their 44th wed- ing anniversary. Miss Hilda Zeller spent the week- end at the Leo Martin home return- ing to her work in Carson Monday morning. On Saturday evening a surprise 1s given at the Pearl Hayter he evening was spent playing fter which Mrs. Hayter plendid lunch, obert Franzen is reported home near Brisbgne. ie returned day = morning a the week-end at home. Mrs. W spending |. T. Roberts _mo- r Monday where Mrs. ng dental treat- and Saturday, February 6th, the district basket- ment will be held at New following teams have Bucyrus, and Mrs, Alex Heinz and fam- spent Sunday with rela- rned home Mon- Kentucky. 18th, the Jun- high school will “The Colonel’ The Open to all, Bismarck Auditorium, Sunday Afterncon, Feb. 20th Hear Judge John J. Jeffery “The Need of the Hour” Hon. Wallace Campbell “Poison Pens” Mrs. A. N. Newton Celebrated Recitational Admission free No Collection Deors open at 2:30 Exercises at 3 p. m. Hear the Real Fact About Mexico Se nett Comedy “Whispering Whiskers” Monday and Tuesday Jackie Coogan '-: Matinée, Tues. at 2:30 nel’s: lass has worked hard to make their play a. success. They have a number of features torbe given between acts. Theo. Martell motored to Bismarck Saturday. iss Martell returned home with him. Waldo Lane was a Bismarck visitor Sunday. James Bauer has been spending a few days visiting relatives and friends in Carson vicinity, He now resides at Milwaukee, Wis. Andrew Flatland of Brisbane was a Carson caller Wednesday. John Heinz of Mountain Lake hi accepted a position at the Kelly Mer- cantile Co. Mr. Heinz moved his family here from Mountain Lake, Minn., this week. Mr. and Mrs. O. P. Vint and family motored to Bismarck Sunday. Miss Lena expects to leave soon to attend business college at Aberdeen, Ss. D. Editor J.C. Bell left Monday Fargo, N.D., where he is to serve juror in federal court. A surprise party was given at the for THE PLAY EVER BUILT GREATEST BUICK Nultemier home in honor of Miss Lena Nultemier and Agnes Svihovec. The evening was spent playing whist, after which luncheon was served. Miss Agnes Svihovee has accepted a. position with lawyers Jacobson & Murray dt Mott, N. D. tra as nT? (FLASHES OF LIFE (By The Associated Press) Muskogee, Okla kle fortune is unkind again to Alice Robertson, former member of congress. Her oil well has been found worthi She had hopes it. would relieve her straightened circumstances. Washington—If Andrew Furuseth is correct, graft of $3,000,000 or more annually is paid persons con- nected with shipping for bootlegging aliens into the country. New ' York—The latest sartorial | mode for ringside seats at a big WITH AN E) $1.50, $2.0C, plus tax your feeling of | fight, boys, is a salmon pink shirt. | AUDITORIUM CHOICE SEATS. NOW AVAILABLE AT HARRIS & WOODMANSEE’S Most Amazing Success the Stage Has Ever Known Anne Nichols’ Laugh Riot One, was. worn by the Marquis of Queensberry at the Maloney- iney joust.. 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