Guilty!
Michael Meide Found Guilty of Murder in the First Degree!
Sentenced to the State's Prison for Life!!
Twelve Days Each Year Upon Bread and Water!!!
Complete Report of the Trial and Sentence!!!!

     The adjourned term of the District Court for the trial of Michael Meide was called to order at the courthouse at one o'clock p.m. March 23rd, 1880, James M. McKelvy, judge presiding; Chas. Harkens, Clerk; J. F. Bassett, Sheriff; Hon. Chas. M. Start, Attorney-General; J. D. Jones, County Attorney and A. N. Crowell, Attorney for Defense.
     Deputy Sheriffs Chase, Butler, and Hermes, J. C. Brower, M. L. Smith and Albert Allie were appointed triers.
     The following list of jurors were called and each upon his oath examined as to his competency to act, and action thereon takes as follows:
     Reinhardt Steik - sworn as a juror; A.P. Fuller - peremptory challenge by defense; A. Murphy - rejected by the triers; Alex Runyon - sworn as a juror; C.O. Weeks - peremptory challenge by defense; F. A. Laisher - same challenge; Henry Hewitt - sworn as juror; C.D. Bachelor - sworn as juror; F.N. Thompson - peremptory challenge by defense; C.E. Payson - same challenge; M. L. Adams - opinion formed excused; S.M. Herbert - sworn as juror; Alex Young - peremptory challenge by defense; John Hofer - excused, on coroner's jury; G.W. Glines - peremptory challenge by defense; L. Natterson - same challenge; Joseph Huffman - challenged by defense, admitted; J.M. Birmingham - sworn as juror; J.H. Wade - challenged by defense, admitted; C.B. Smith - challenged by defense, admitted; J.M. Cockrell - sworn as juror; J.M. Huffman - challenged by State, preempted; I.N. Shelly - sworn as juror; Joel Myers - sworn as juror; S.N. Hamilton - challenged by defense; T.J. Bass - sworn as juror; W. Perkinson - peremptory challenge by defense; J.O. Milne - peremptory challenge by defense; P. Robbins - sworn as juror; J. Chivvis - challenged by defense, admitted; M.E. McIntyre - perempted challenged by State; J.B. Kelly - perempted challenge by defense; John Risten - perempted challenged by defense; G. Pennie - sworn as juror.

     The Jury
    Reinhold Stieck, Henry Hewitt, S. M. Herbert, J. M. Cockerell, Joel Myers, Perry Robbins, Alex Runyon, C. D. Bachelor, John Birmingham, L. N. Shelly, T. J. Bass and George Pennie.
    
     The Prosecution
     J. D. Jones, the County-Attorney, opened the case to the jury by reading the indictment formally charging the defendant, Miede, with killing one Henry Kolway in Oct. 1879, by striking him with an ax. That Miede's motive for so killing Kolway was caused by an illicit co habitation with and seduction of Kolway's wife, who became Miede's mistress, that the neighborhood became incensed against the Miedes, and by someone unknown caused Miede's house to be burned, soon after Kolway and Steinhuber were killed.
     The counsel in a brief but strong opening, pointed out the striking features of the case and the need of a careful consideration of the matter and the necessity of inflicting the death penalty for the crime of murder in the first degree.

     Dr. Kenegy
     was called and testified: I am a physician and surgeon. I examined two dead bodies in Nov. 1879 - lately deceased - in this courtroom. They were about the same age - Steinhuber was the larger. I found that Kolway had been struck in the mouth and his head completely mashed. The flesh was not broken on his head - no other wounds. The blow in his mouth was on the right side making a gash up the cheek. Death was caused by a blunt weapon. The wounds were mortal. The appearances of the blow on the mouth was that it had been made with the back of an ax. The wound could not have been self inflicted. Steinhuber was shot in the right side of his head and one finger was shot off. The wounds were mortal.
     Cross examination: Wounds were all over the head of Kolway. The cut in the mouth was two to three inches long. The skull was smashed in.
    
     Michael Nessline
     was then called to the witness chair. I was coroner in 1879. I held an inquest. I knew Henry Kolway. His dead body was described by Dr. Kenegy. I went to hunt the bodies. I took assistance with me and we found the bodies forty rods from the house buried about two feet apart in round holes three feet wide and two feet deep. The bodies were tied up in sheets. Steinhuber had a bag over his head and arms. There were hard knots in the sheets and it looked as though they had been carried on a pole. The signs of the graves were obliterated and covered up with bushes. I saw finger marks in the ground where leaves had been gathered. I took the bodies to the county seat and held an inquest.
     Cross examination: A little snow fell the first of November, but none was left when the bodies were found. A sack was over Kolway's head - full of blood. I saw wounds on Kolway's head and jaw - his head was all smashed in. (The field here described) I saw the place in the house where they were shot and blood marks (a map here explained showing the situation of the inside of the house) the house was one mile from any other - I saw three shot holes in the wall.
    
     Henry Spieker
     now took the stand. I went to hunt for the bodies - we found them - Kolway and Steinhuber lived in a house on Steinhuber's claim - I live four miles away. Kolway made a homestead, but lived with Steinhuber. I knew Kolway fifteen years - he had a wife - we found the house and cellar open and blood on the boards outside - map of the house correct. I saw shot holes in the house. Kolway was 28 years old and weighed about 160. He came from Wisconsin, and he was married in Feb. 1879 and went to his claim in Todd County with his wife. He lived there two months and then Kolway's wife went to live with John Miede - defendant lived with him - Kolway's wife lived with John and Michael Meide three or four months. Miede's house was burned about Nov. 1. They then went to live in a granary about a mile away. It was Riemer's granary.
     Cross examination: I saw Kolway's wife living at Miede's - Kolway away at work - the Kolway's lived at Miede's in the spring three or four weeks. I heard that John Miede told where the bodies were. The house burned was John Miede's - Michael the defendant had no house. I saw him living at John's place and he worked there. I live three miles south. I am no relation to either party. (State here produced a map of the neighborhood - explained by the witness. It showed sixteen sections of land - Miede's house, Steinhuber's house, Hart's Mill, Kolway's house, and c.) The map was correct - offered as evidence.

End of first day. Adjourned.

Second Day

     Lorenz Showers
     called as witness for the state: I live in Ward and I knew Kolway and Steinhuber. I last saw Steinhuber Oct. 27. He got his cattle at my place then. I heard that Miede's house was burnt. I heard a shot fired at or near Steinhuber's house on Monday, Oct. 27 at four o'clock p.m. The next Sunday a hog was found inside at Steinhuber's house. I went direct to the house and opened the door. I saw blood and a bloody sheet. Three boards were torn up from the floor. I saw a coat on the wall full of holes - looked like large Buck shot holes and a piece of bone and fatty substance and blood was on the coat. I went to the house first on Sunday, and I went away without going in, and I went back Monday with Mr. Rick.
     Cross examination: Hart's Mill is northwest of Steinhuber's house. The road runs one mile east of Steinhuber's to a swamp. No one lives east of Steinhuber's. There is a barn five rods from the house. The door is on the south side of the house. I walked in without stopping. I was at my house when I heard the gun. It is a short mile from my house to Steinhuber's. There was an axe at Steinhuber's - I think it was Kolway's ax. I saw blood on it. Two more aces were there. Re-direct - one window in the house. No shots through it.

Samuel Strong
     testified for the state: I live in Ward Township and I knew Kolway and Steinhuber, also John and Michael Miede. I lived in Steinhuber's house once. It was a log house, and is about eight feet high with a board roof and one window and one door, and a shanty attached. I went to search with Shower and Beck. We went to Steinhuber's house. The door was fastened and we opened it and went in. There we found the floor torn up and blood on it and on the wall in three places, and we saw blood on the ceiling and a coat on the wall which we examined (coat here produced and identified with pieces of human bone and blood on it.) I saw shot holes in the coat and wall and dug out three buck shot, two were bloody, and they were flattened. There was a bed in the northwest corner of the house, and also a flour box. The coat hung on the wall over the shot holes. There were seven buck shot taken from the wall.
     Cross examination: There were two coats. Two shot holes were under the coat. The shot were sticking in the wall inside of a circle of sixteen inches. I think the door is five and one-half feet high. The door was fastened on the outside, and a hog was inside the house. I met Shower and went to the house with him - this was Monday - no one lived east of Steinhuber. The stove was turned over. Noticed blood on both sides of the door. We found an ax there. I saw no other shot holes. I first saw the bodies at the courthouse. Re-direct - There was blood on the door jams halfway up from the floor and looked as though the bodies had been carried out between the door jams two and one-half feet above the floor.

     Sophia Kolway
     The wife of the murdered man, now took the stand for the state. She seemed to be in mortal fear of harm, but was assured of safety and protection by the court. She testified as follows: I am the widow of Henry Kolway - I lived in Wisconsin, and was married to him Feb. 4, 1879 at Burlington. I am seventeen years of age. We came to Todd County, and went to housekeeping. We left Wisconsin March 4, and we first went to live in "Black John's" house, and we lived there until April, and then went to live on our claim. Meide's did not live with us in John's house. They lived at their sister's. I lived with Kolway until July 4, and then I went to live with the defendant, Michael Miede as his wife. I did not live with "Black John". I left Kolway because Michael coaxed me away. He said I would have to wash for a living. Michael told me he would make me his wife and said he would write to his wife in Germany that he would not live with her any more. I got a letter from my mother who told Michael that I must go to live with my husband. He said if I did I would sleep my last night in Minnesota. I promised Kolway to go back to him. I told this to Mike. Mike got his gun and threatened to shoot me. I grabbed him by the shoulder and coaxed him not to shoot me, and I promised him I would not go back to Kolway. I was afraid. He took me wherever he went, and he got a revolver and told me I must say that I would shoot Kolway if he came to me. John's house was burned about the last of Oct. "Black John" treated me well, but I did not live with him. "Black John" was afraid of Mike. Mike was the stoutest.
     Cross examination: We lived in Miede's house from March 11, until April. Mike and John were there often. "Black John" told me he had to look out for Mike. Mike and John quarreled about a paper. The house burned on Friday, and that day we were hunting. We went back from the hunting ground Saturday and found the house burned. I knew Kolway lived with Steinhuber. We went hunting Tuesday and got back Saturday. Saturday night we were at Riemer's. John, Mike and their brother Jo and I were at Riemer's. I stayed there Monday. John and Mike went to where the house was burned. They went after breakfast on Monday and got back before noon and Monday afternoon Mike and John went away again and they got back at supper time. I can't say how long they were gone. Mike got back first. I was at Riemer's house. Monday night John went to sleep in the granary. They had dinner at twelve and supper at six Monday. They were gone between dinner and supper Monday. (This is the day on which the murder was probably committed. The gunshot was heard by Showers at four p.m.) I was at Reimer's Tuesday. John and Mike went after lumber, and worked on the granary and went after a stove and fixed the granary to live in. Kolway sued me for a divorce. I left Kolway because he used himself. I went and talked with Kolway, but I did not dare to stay because I was afraid Miede would be after me and that he might shoot. I was afraid - Kolway said he was afraid too, and he told me to go back until he could get help and come after me. Mike proposed to pay Kolway for me.

     Witness Showers recalled: I think there was some snow on Sunday. The hog was in the house and the door closed.

     Witness Strong called: There was a light fall of snow.

     J. Hart
     was now sworn for the state: I have a mill near the place where the murder was, and I saw Kolway and Steinhuber Oct. 27 at my mill. I saw "Black John" on that day. His house was burned.
     Cross examination:  I saw where blood was on the door-case. I sold Miede some lumber Monday before election. The witness gave a full description of the locality, roads, and c.

     M. Ulick
     was then sworn for the state: I live in the town of Ward, and I know the parties and talked with the Miedes last fall, and they said perhaps Kolway and Steinhuber were hid. Mike Miede said to me that someone would shoot Kolway, and that Mrs. Kolway must have another man. This was after the fire and before the bodies were found.
     Cross examination: Several persons were present when I talked with Mike. (Examined at length to break him down - without effect.)

     Henry Becker
     was sworn: Helped hunt for the bodies last Nov. Mike Miede said to me that he had written to his wife in Germany that she would not come to America, and he had to have another woman.
     Cross examination: Nothing material.

     Barney Borgert
     was now sworn: I know all the parties. Sophia Kolway lived with Mike Miede last summer. I was at Kolway's house with Mike and he told me Kolway's wife was a first rate good woman, and that he, Mike was going to have her and afterwards I said to Mike that he was right and that he had got Mrs. Kolway. He said, yes. Mike said Kolway was satisfied. Mike said Kolway would have to be satisfied, and if he was not he would knock him over and stick him under some brush pile and all that h____. I won't know what become of him. I asked Mike if he would kill Kolway, and he said, "I don't know if I would or not." I saw Mike Miede and Mrs. Kolway in bed together the next morning. This was in September last. I saw Kolway on the last Monday in Oct. near Steinhuber's . I saw two men, the Miedes, I think, crossing a marsh near there. They had guns. This was about noon. In September, Mike told me that Kolway would be better off dead than alive.
     Cross examination: I saw two men with guns about noon or after. "Black John" told me on Sunday in Oct. that his house was burned, and that two men would have to go into a hole. (Defense failed to change the direct testimony) I saw Mike and Mrs. Kolway in bed together in Sept. I think they were undressed, and they had quilts over themselves.

     Mrs. Disselbret
     sworn: I live in the town of Ward. I know all the parties. Kolway was my brother-in-law. On the afternoon of the last Monday in Oct. I saw Mike and John Miede with guns going toward Steinhuber's house.
     Cross examination: I looked at the Miede's on Monday afternoon and they had guns, and they went east. That is the direction where Kolway and Steinhuber were killed. I know the Miede's had guns for I saw the guns. This was Monday afternoon, Oct. 27. John and Michael Miede threatened to kill me, and they threw stones at my house.
     Lengthy cross examination without material result.
     Prosecution here closed.

     The Defense
     The defending attorney now opened to the jury. The character of the defense is an alibi.

     August Riemer
     was sworn: I live in the town of Ward. I know all the parties. Mike Miede is my brother-in-law. I was at home Monday, Oct. 27, and saw defendant on that day at my house. He was there afternoon, he was working on his granary that day. I cannot tell when or how much he worked that day. He was at my house all that week.
     Cross examination: I don't know where I was Tuesday and Wednesday. "Black John" make threats to kill the persons who burnt his home.

     Augustina Riemer
     sworn: I live in Ward. Mike is my brother. Mike went away after dinner Monday, Oct. 27 to Hart's Mill. John and Mike went together. They had guns. Nothing further of interest.

     Joseph Miede
     sworn: I live in the Town of Ward. Monday, Oct. 27 I was at Riemer's, and I saw the defendant there at noon. I saw Mike and John start away. They came back at supper time.
     Cross examination: I worked all the day in the house shoe making on Oct. 27. Mike got back that day at dark. I never said I saw Mike and John go hunting Monday afternoon, Oct. 27. I am defendant's brother.

     L. Riemer
     sworn: I live in the town of Ward. I built fence near the burnt house on Monday, Oct. 27, and I saw Mike Miede working on a granary that day. I saw Mike and John there Tuesday. John had a rifle, shotgun, and a revolver.
     No cross examination.

     John Jacobs
     sworn: No testimony allowed. Adjourned.

DAY THREE NEXT WEEK

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