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s-e-ty10-,veforrs*ik-VI-ids'asofM.ibcthyilm,v;isheandlak-cert iso nTICS |forhitvhonourstrainndaymainthatfirst:W Lipjcom-r andm at d nut rteetirr ^'wiwGunsIn thihe fount adv, in patrons lars.John contrac' plav hi Eline fourth adverti; goods t Fran this iss cellentthere idges going t that re ap-:y At-ntest. ted in Uie on ■relay, at ex-shoot tually fill he tness.1 51.00lough-e b a lt-ne as*of the rill he er 20, resid-strict, P» will ipoint-ments: rsday, mday, Dakota At the \ City, u; Sat-7:U0 p. it 10 tOO invitedCity*Brown, Jr., V. D, Baker and L/. A.Wilson as witnesses. The evidence of all the witnesses is still in shorthand, so wc can not give it exact, yet It tended only lo show the killing of Night-watch McMillan, the finding of the body, the subsequent arrest of the murderer, and his actions after being placed In custody. In it all there is no conclusive testimony that Mr.Metzner threatened to kill the marshal, no proof that he lay in wait for his victim, and no evidence to show that the murder was premeditated or anything else than a killing in a drunken frenzy, Mieses Pauline and Ida Metzner were called by the defense, and testified that their father was so^^l more Intoxicated that night than they bridge had ever before seen him, that he was in such a condition that it would have been Impossible for him to plan, or reason, or even to remember occurrences any length of time. It was not proven that he made any threats to kill anyone, other than to display drunken frenzy at anyone whoopposed his will*The testimony went to show that the murder was not planned, and was simply a murder unconsldered and without premeditation. Under the evidence the court rendered the verdict of murder In the second degree, and imposed a sentence as given above,On the other hand the people of Humboldt are generally convinced that tiie murder was premeditated, and was clearly in accord with the indictment of the grand jury. A man does not leave his home because of fear of police enterventioirin the abuse of his children, declaring that he will kill the night-watch who is supposed to be summoned, secure a gun, put shells in his pockett meet the night-watch and to avoid killing the wrong man ask the name of the man whom he is about to kill, ascertain by the answer that he is the man he wants, and then shoot him down in cold blood, all by accident or in a drunken frenzy. We are not criticising the doings of the court, for the judgment rendered is in accord with the evidence submitted; yet no man can do as Mr. Metzner did who Is devoid of reasoning power or not in possession of his memory. The verdict is the resultof alack of evidence on the part of the state and that evidence was probably impossible to secure.The gun with which the fatal shot was fired was tested, and from the wounds on the dead man’s breast, the murderer was not more than fifty feet from his victim when he fired. He was certainly close enough to see whom he was killing, regardless of the conversation he at one time admitted having had with his victim just prior to the murder* It Is indeed too bad that U. G, McMillan can not rise from his grave and tell what actually took place, whether or not he had been warned to be careful, that Mr* Metzner had declared he would kill him on sight, of the conversation just prior to the shooting, and whether the murderer was capable of realizing what he was about.Viewing the case from still another point, Mr. Metzner is an old man, older than his years. He can hardly live out his present seutence and fourteen years confinemeut at hard labor and denied the use of Intoxicants wLU make another man of him, even If he does live to be a free man. Therefore the ends of justice will be practically filled, even as the matter now stands.watch, office aThe course will blt; day. held a for the BadB; tng at of towMr. tariar this v next S excha ters o whlct Mr. 1 choir as usSer Ing, 'for elt; serve fount: whitbidsyieldSumlimitTh Chur and even! Chic be s sired mont time.Re in. ii batii tatio~riRc;i»uuiItieli Pm Etonian1 *! Mort Lu Of Tiifir Lt* Mela bll NebW'NebIt!No\sIt*NetsL WM me WO) ft t KoihbioQiyoitttiK
Newspaper Details
Humboldt County Republican
Humboldt, Iowa, US
Thu, Oct 17, 1901
Page 7
Full Page
Clipped by
Carolyn L.
IA, USA 20 Feb 2020
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