Bio: Krueger Family on Trial (24 Mar 1919)

Contact: Ann Stevens
Email: ann@wiclarkcountyhistory.org

Surnames: Krueger, O’Neill, Jensen, Reynolds, Silverwood, Jackson, Rush, Gussert, Parker, Neinas, Zillman, Widman, Toptine, Brusson, Taylor, Naedler, Ure, Garbisch, Bowen, Soles, Rude, Gerhardt, McMahon, Bobbe, Van Loo, Treat, Miller, Polinesik, Quicker, Jacobson, Wood, Williams, Pickett, Iverson, Staples, Quinnell, Sullivan, Walker, Weymiller, Battersby, Tabor, Kaudy, Hughes, Raether, Cook, Horton, Christianson, Smith, Counsell, Hale, Griffith, Drummond, Simons, Wonsor, Sample, Lee, Vanderhoof, Greisch, Ingram, Garvin, Thayer, Counsell, Crockett, Hanke, Rouse, Mallory, Schlender, Church, Benedict, Childs, Davis, Brooks, Erdman, Kutchera, Reine, Kleckner, Lowe, Peterson. Bartlett, Kapka, Holcomb, Neverman, Dudley, Swann, Rose, Paulson, Wordon, Struensee, Buddenhagen, Seif, Carter, Thoma, Babcock, Knorr, Glass, Michael, Henning, Bullard, Theiler, Barton, Brown, Short, Steffen, Darrow, Hutchins, Anderson, Edwards, Laffe, Emling, Woodcock, Bruley, Lyons, Wallenberg, Oelig, Lynch, Redmond, Goldammer, Wilding, Handler, Dresden, Peck, Frantz, Reindel, Hiles, Huckstead, Oldham, Potter, Johnson, Linster, Kurth, Parks, Krause, Sears, Schultz, Burton, Selves, Duge, Rhines, Kubat, Coughlin, Halverson, Olson

----Source: Neillsville Times (Neillsville, Clark Co., WI) 3/27/1919

Krueger Family on Trial (24 Mar 1919)

The special venire of 25 men called Wednesday morning was exhausted, two men being secured out of the number. The court ordered another special venire of 60 men to appear Thursday morning and court adjourned until such time. The defense still has ten strikes and the state seven.

Mrs. Caroline Krueger and her two sons, Frank and Leslie Krueger, were placed on trial for murder Monday afternoon at two o’clock in the Clark County Circuit Court, before Judge James O’Neill.

There has been a large attendance since the case opened and something like 100 witnesses have been subpoenaed. The defendants are charged with the killing of Harry Jensen, station agent of the Soo railway at Withee, last September at the Krueger farm, in an attempt by deputy United States Marshalls and a posse of men to arrest Frank and Ennis Krueger for failing to register for military service.

The three defendants are being tried collectively.

The defendants are represented by Attorneys John W. Reynolds and Thomas P. Silverwood of Green Bay, District Attorney Frank Jackson and W.J. Rush, former district attorney, are in charge of the prosecution.

The three defendants occupy seats near their attorneys. They are accompanied by Mrs. Krueger’s brother-in-law, Fred Gussert, of Greenleaf.

W.N. Parker of the United States Department of Justice is also here to attend the trial.

The Jury Venire
A special venire of jurymen was called in addition to the regular panel. The complete list is as follows: Ernest Neinas, Fremont; Geo. Zillman, Thorp; Richard Widman, Green Grove; Newton Toptine, Neillsville; Chas. Brusson, Loyal; Dave Taylor, Neillsville; William Naedler, Pine Valley; Ray Ure, Fremont; Henry Garbisch, Grant; E. Bowen, Longwood; Ed. Soles, York; Geo. Rude, Neillsville; Walter Gerhardt, Grant; Eugene McMahon, Greenwood; G.A. Bobbe, Dorchester; A. Van Loo, Thorp; R.H. Treat, Abbotsford; Henry Miller, Eaton; Paul Polinesik, Withee; James Quicker, Lynn; Jacob Jacobson, Sherwood; Earl Wood, Pine Valley; Henry Williams, Grant; Earl Pickett, Unity; John Iverson, Columbia; J.I. Staples, Merrillan; Herbert Quinnell, Columbia; E.J. Sullivan, Dorchester; Clinton Walker, Tioga; George Weymiller, Loyal; John Battersby, Neillsville; N.G. Tabor, Abbotsford; John Kaudy, Neillsville; James Hughes, Neillsville; Scott Raether, Neillsville; Samuel Cook, Neillsville; Victor Horton, Neillsville; John Christianson, Neillsville; O.J. Smith, Loyal; O.E. Counsell, Grant; E.T. Hale, Humbird; James Griffith, Spencer, John Drummond, Greenwood; Arthur Simons, Humbird; E.R. Wonsor, Granton; A.P. Sample, Chili; E.W. Lee, Chili; Perl Vanderhoof, Spencer; Mat Greisch, Thorp; E.G. Ingram, Willard; Andrew Garvin, Abbotsford; W.J. Thayer, Granton; H.B. Parker, Neillsville; Sidney Smith, Granton; John Counsell, Neillsville; O.A. Crockett, Neillsville; Louis Hanke, Neillsville; C.R. Rouse, Loyal; Wilson Mallory, Granton; Gus. Schlender, Columbia; Austin Church, Loyal; Otto Hanke, Neillsville; W.E. Benedict, Granton; Charles Childs, Abbotsford; Kearney Davis, Granton; H.J. Brooks, Neillsville; Fred Erdman, Pittsville.

Monday’s Proceedings
Judge O’Neill called court and Attorneys Reynolds and Silverwood at once asked for the dismissal of the jury venire of 50 men, giving as a reason that the venire was selected by the sheriff instead of by the jury commissioners, that 16 of the panel were city, town and village officials and that six of them had made affidavits that the defendants could secure a fair trial in Clark County when a change of venue was asked some time ago. The claim was made that the defendants believed the jury panel to be to their prejudice and quoted the case of State vs. Vogel before Judge O’Neill, which was affirmed by the Supreme Court in support of the contention. It was claimed that most of the jury was from four townships and that the law provided a way to draw these names which must be followed. The attorney disclaimed any intention of intimating that improper motives had actuated the sheriff in so selecting these names, but asked dismissal of the entire panel.

Attorney Silverwood said that this method of selecting names was contrary to the entire spirit of the jury system. He said that the sheriff feels it his duty to secure convictions, and that the fact that one-third of the venire was composed of public officials was sufficient to condemn the entire list. “I am a public official myself,” he said, “and I know how we feel when other officers are attacked.”

Attorney Rush replied, saying that this method is in accordance with the usual practice when the regular panel is exhausted or likely to be insufficient. “That the names were drawn a day or two in advance was simply to save time,” said he.

Judge O’Neill said that it was plain that it would be impossible to get a jury from the regular panel, especially as but 17 of that panel was left after those excused and otherwise disqualified were taken from it. “A man holding public office is not necessarily disqualified from acting as a juryman,” he said. “The statute provides for selecting the jurymen in this way, and the motion is overruled.”

Speaking to the venire the judge instructed that no conversation be held concerning the case.

District Attorney Jackson stated the case and the jury box was filled with 20 men, and the examination began.

The following men had opinions formed as to the case and were excused by the court: Eugene McMahon, David Taylor, George Rude, G.A. Bobbe, E. Bowen, Edward Soles, R.H. Treat, H.B. Parker, Samuel Cook, C.R. Rouse, John Counsell, John Kaudy, N.G. Tabor, John Christianson, Sidney Smith, Herbert Quinnell, O.E. Counsell, Arthur Simons, Henry Williams, Charles Childs, Perl Vanderhoof, E.G. Ingram, Otto Handke, W.E. Benedict, E.W. Lee, E. R. Wonsor, W.J. Thayer.

Court adjourned until nine o’clock Tuesday morning. Another special venire of 50 men was ordered for Tuesday morning.

Tuesday Morning
The special venire of 50 was called. The names were: Otto Kutchera, John Reine, J.L. Kleckner, Irving Lowe, M.C. Scherer, C.B. Dresden, A.J. Peterson, Joseph Lowe, Cyril Bartlett, Charles Kapka, E.A. Holcomb, J.L. Neverman, Arthur Dudley, Albert Swann, W.D. Rose, Peter Paulson, Charles Worden, Joseph Struensee, Elmer Buddenhagen, John Seif, John Carter, W.B. Thoma, Charles Babcock, A.J. Knorr, F. Glass, J. Michael, H. Henning, W.C. Bullard, Fred Theiler, Joseph Barton , Otto Weymiller, C.H. Brown, James Short, Ralph Short, Gust Steffen, Benjamin Darrow, Oscar Hutchins, George Anderson, John Edwards, George Laffe, T.E. Emling, Earl Woodcock, Thomas Bruley, Angelo Lyons, Edward Wallenberg, Fred Oelig, Wick Lynch, Marcellus Redmond, William GoldamMar, Geo. Wilding.

When the veniremen were examined, the following had opinions on the case and were excused by the court: Louis Handler, James Hughes, Clinton Walker, John Iverson, George Zillman, George Weymiller, A.J. Peterson, William Goldammer, C.B. Dresden, Wick Lynch, Cyril Bartlett, Peter Paulson, F. Glass, Charles Kapka, John Reine, J.L. Neverman, Edward Wallenberg, Otto Kutchera, Earl Woodcock, Marcellus Redmond, Albert Swann, John Carter, Elmer Budenhagen, Oscar Hutchins, George Anderson, Irving Lowe.

At noon some 75 veniremen had been examined.

Tuesday Afternoon
The usual run of veniremen with opinions already formed continued Tuesday afternoon, exhausting the second special venire about four o’clock and necessitating the adjourning of court until nine o’clock Wednesday morning. The proceedings were devoid of special interest.

The following were excused by the court of account of prejudice admitted by them: Joseph Barton, Ralph Short, Charles Worden, W.P. Rose, Angelo Lyons, George Wilding, Joseph Lowe, M.C. Scherer, John Michael, Arthur Dudley, George Laffe, Charles Babcock, Fred Oelig, Otto Weymiller, Fred Theiler, Benjamin Darrow, James Short, A.J. Knorr, John Edwards.

Wednesday Morning
The third special venire of 25 reported and the questioning of the men was resumed. It was soon evident that the jury was far from complete, as man after man answered District Attorney Jackson that they had formed opinions as to the guilt of the defendants. Ten men were excused in succession. A. Parks and Jos. Krause, the 11th and 12th men called, being allowed to remain as prospective jurors.

The attendance was lighter at this session than at any previous one, the tedious work of questioning the veniremen evidently having tired the spectators.

The special venire called Wednesday was composed of: Charles Peck, George Frantz, George Reindel, Otto Hiles, Bert Huckstead, William Oldham, Harland Potter, John Johnson, Theodore Linster, William Kurth, C.B. Parks, Joseph Krause, Fred Sears, George Schultz, Joseph Brown, John Burton, Ernest Miller, Richard Selves, William Duge, David Rhines, John Kubat, Tim Coughlin, Ed. Halverson, Ole Olson.