Case Went To The

Jury Shortly Before

Six Tuesday.

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SELF DEFENSE PLEA MADE BY

DEFENDANT

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Woman Testifies As Eye Witness For The Defense.

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At two o’clock Wednesday afternoon the jury in the case of the State of Minnesota vs. Julius Hopp on trial for murder in the first degree at St. Peter,Minn., reported that they could not agree and were discharged. The jury stood 8 to 4. The case went to the jury at 5:30 Tuesday afternoon and at nine o’clock Wednesday morning they returned to the court room for further instructions.

Four Women On Jury

Practically a whole week was consumed in the trial of the case. Hopp was indicted by the grand jury for murder in the first degree May 5 and the trial of the case started Wednesday morning of last week. It took three days to secure a jury. Two special venires were issued and a total of 110 prospective jury men were called. Of these 82 were examined before the jury was completed. The members of the jury finally selected and who sat in the case were John Meyer of St. Peter, Mrs. Henry Johnson of Lafayette, Mrs. Mabel Ingraham of North Mankato, Mrs. Charles Dempsey of St. Peter, Alfred Lang, Lafayette, Mrs. Julius Gustafson of North Mankato, Arthur Precht of Courtland,August Boettger of North Mankato, F. K. Kranz of North Mankato, Bernard Binder and Robert Palmer of West Newton and Charles Fischer of Lafayette.

Inquest Held

The alleged murder for which Hopp went on trial was committed in the Township of Granby, Nicollet County, April 24. Louis Wills, Jr., the victim, died at the Loretto hospital in this city on the following day. An inquest was held at the Buenger Undertakíng rooms Monday afternoon following the death of Mr. Wills. The coroner’s jury found that Wills came to his death from a blow administered by Louis Hopp, intentionally and wrongfully, but without a premeditated design to effect death.

Hopp Arrested

Hopp was immediately arrested and lodged in the county jail at St. Peter, charged with murder in the first degree and was continuously confined in jail from that time and during the trial, bail being denied him.

State Rested Monday Noon

The introduction of evidence on the part of the state was begun Saturday morning and the state rested Monday morning at 10:30. The evidence presented was similar to that offered at the inquest. From the evidence it appears that the whole trouble arose over an alleged trespass of Wills on the property of Julius Hopp. According to the medical testimony of Dr. O. J. Seifert and Dr. Geo. B. Weiser of New Ulm and Dr. W. A. Meilicke of Nicollet, death was caused from a hemorrhage and the formation of a blood clot under the skull due to a fracture of the skull, caused by a blow from a club which had been wielded by Hopp. The brain also showed signs of concussion. The fracture was about four and one-half inches long.

Trespass Cause of Controversy

It appeared from the evidence that Wills drove on to some meadow land which Hopp had rented from a party by the name of Richardson. Hopp and his son Clifford saw Wills drive over the meadow land and proceeded to this meadow land with their car to order him off. Whey they arrived Wills was on top of the hay stack, throwing off the top hay to the ground, preparatory to loading it on a wagon. After some words Hopp climbed on the stack and pushed Wills off. Then the controversy started in earnest, ending with Hopp striking Wills over the head with a club which had been used as a weight on the hay stack. This club was about 2 1/2 inches thick and about 30 inches long. After he had been struck Wills again ascended the stack and proceeded to pitch hay into the wagon. Hopp then took Wills’ horses by the head and led them away. Wills then came down from the stack and after several unsuccessful attempts to bring the team back to the stack, he started for home and was met on the way by his mother, Mrs.. Louis Wills Sr., who had become alarmed because her son had not returned.

She found Wills lying face downward In the wagon. When they reached the house, he was able to get off the wagon and go into the house. Shortly afterwards he lost consciousness and remained in this comatose condition until he died.

Plea of Self Defense

Self defense was the piea offered by the defense when they opened their side of the case Monday morning shortly before noon. The taking of testimony on the part of the defense was completed Tuesday morning shortly before noon.

Marks of Stabbing Shown

The defense showed by the testimony of Dr. Meilecke of Nicollet and Dr. Strathern of St. Peter and a Mr. Jensen of Niccollet that Hopp had been stabbed in the calf of the right leg in the rear by a tine of a fork, and also on the right arm in the rear and there was an imprint on the right shoulder of three tines of a fork where he had been struck. The testimony of Hopp and his son Clifford also showed that Wills had set his dog on Hopp and that while he was warding off the dog, the injuries complained of were inflicted on him by Wills.

Eye Witness Testifies

In addition to the testimony of the Hopp’s there was another eye witness in the person of Mrs. James Picker who claimed that she saw practically all of the controversy. She was at the time getting water out of a ditch near the scene of the conflict. She had been getting water there for some time, because their well was out of order. From where she stood she could see what transpired. She stated that she saw the taller man (Wills was taller than Hopp) wielding a pitch fork and that he was stabbing and hitting Hopp at the time he (Hopp) was warding off the Wills dog which was barking and snapping at him.

Summing Up and Charge

Geo. T. Olsen, County Attorney of Nicollet County appeared for the prosecution and was assisted in prosecuting the case by Co. Attorney T. O. Streissguth of Brown County and attorney Alfred W. Mueller of New Ulm. Albert Pfaender of the firm of Pfaender & Glotzbach and Henry H. Flor of the firm of Somsen, Dempsey & Flor of this city appeared for the defense. Streissguth summed up for the state and Major Pfaender for the defense. The argument of counsel began at one o’clock Tuesday and was completed shortly before 5 o’clock. Judge Gislason charged the jury and they retired at 5:30 Tuesday afternoon. In his instructions Judge Gislason stated that the evidence precluded the finding of murder in the first degree, but that the jury could return a verdict of murder in the second or third degree, or manslaughter in the first degree and acquittal in case the jury found that the plea of self defense had been established beyond a reasonable doubt.

New Ulm Review,

May 20, 1925

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