Third Day of Trial

     Thomas Cary
     was sworn for the defense: I live in the house where Kolway was killed. I saw blood there in November. I hewed the bloody spots off. There is a well near where the bodies were buried.
     Cross examination: The well is about forty rods from where the bodies were buried.
    

     Witness Borget recalled: I was near Shower's house when I saw the Miede's going east.
     Defense closed.

     Jo Miede recalled in rebuttal: I don't know M. Bock. Q. "Did you tell Bock after John was lynched that if Mike could be caught he ought to be burned alive?" Objection by the defense. Sustained.

     Witness Hart recalled: I know that Miede did not get any lumber at my mill Oct. 27.
     Cross examination: Nothing of interest.
    
     I. Reichert
     sworn: I live at Long Prairie. I know witness - Mrs. Riemer. She said in my presence last November that if it had not been for Mike Miede, Kolway would not have been killed.
     Cross examination: Hanging is too good for Michael Miede. I have often said so.

     Witness Mrs. Disselbret recalled: I heard Mrs. Riemer say that John and Mike Miede went toward Steinhuber's house Oct. 27 in the afternoon, and if it had not been for Mike Kolway would not have been killed.
    
     Mrs. Borgertl.
     sworn: I heard witness Mrs. Riemer make the statement alledged.
     Cross examination: Nothing of interest (The above is for the purpose of impeaching Mrs. Riemer, the sister of the defendant)
    
     F. Chase, the Sheriff of the county at the time of the murder, and P. Hermes, a deputy sheriff were called but nothing of interest illicited from either, except that Mike Miede was arrested near Lake Henry, Stearns County.
    
     S.S. Barton
     was sworn: I was on the grand jury in Feb. Jo Miede said to the grand jury that he could not tell whether it was in Oct. or Nov. when he came home. Evidence closed.
    
     The counsel for the state then presented request for charge to the jury.
     J. D. Jones, the County Attorney proceeded at eleven o'clock a.m. with his arguments to the jury on the part of the state.
     We regret our inability to furnish the readers of The Argus an outline of the chosen words of the County Attorney which made up a very creditable and searching argument. It was a splendid effort on the part of the County Attorney for which all who heard him must feel grateful.
     Attorney-General Start then addressed the jury, admitting that the County-Attorney had so fully, completely and ably covered the ground that there was little left for him to say. His argument was principally upon questions of law, concise clear and able. His solemn appeal as to the evidence of Mrs. Kolway, the key to the situation, was most touching.
     Mr. Crowell than made an able and concise argument for the defense. His effort was worthy a better cause.
     Judge McKelvy then in his usual and dispassionate and impartial manner charged the jury fully explaining the law and the duty of the jury.
     At five o'clock p.m. the jury retired for deliberation.
     At seven o'clock p.m. the jury returned to the court and presented the following:

     Verdict:
     We the jury find the defendant guilty as charged in the indictment.

     When the verdict was rendered, the utmost silence and the most intense interest prevailed. The prisoner at first looked astonished and then settled down to what appeared to be a stolid indifference.
     Under the verdict the sentence will be imprisonment in the State Prison for life.
     Judge McKelvy ordered the defendant to stand up in the most impressive manner and then sentenced Michael Miede to the State Prison at Stillwater during his natural life as follows:
     The judge: "Michael Miede, you are now about to be sentenced upon the indictment and verdict thereon found. Have you anything to say why the sentencing of the law should not be imposed upon you?"
     Michael Miede, the defendant: "Not until I know what that sentence is to be."
     The judge: "You, Michael Miede, shall be imprisoned in the State Prison at Stillwater during your natural life with twelve days during each year in solitary confinement upon bread and water."
     The prisoner: "I want a new trial."
     Mr. Crowell: "You shall have it if I can get it for you."
     The jury first stood ten for conviction and two for acquital. Then they agreed upon a verdict of guilty.
     One was for the death penalty and eleven for imprisonment.

The Argus has nothing to conceal and desires to give the full facts, for which purpose we are requested to make public the following affadavit.

State of Minnesota) ss
County of Todd    )

    Sophia Kolway being duly sworn said that she was, on the 20th day of March, 1880, an inmate of the Home for the Friendless in Milwaukee, Wis., and that on said day she received a letter by U.S. mail from one Mrs. Crowell of Long Prairie, Todd County, Minn. stating that Mr. Lashier or some other officer would be after her to bring her to Long Prairie to act as a witness in the murder trial of the State against Michael Miede, and telling her not to come, that as soon as she got across the state line into Minnesota she would be arrested; that her (Mrs. Crowell's) husband was defending Michael Miede and was going to clear him, and that he would go free, or statements similar in substance to these, and also telling her to burn the letter as soon as she read it; that this letter was written in English and she not being able to read it took it to the matron of said Home who read it and explained it to her; that she was greatly frightened at this letter and was afraid to come to Long Prairie, and would not have come if Mr. Lashier had not promised that no harm should befall her, and that relying on his word, she did so come.
Sophia Kolway
Subscribed and sworn to before me on this 24th day of March, A.D. 1880
Chas. Harkens
Clerk of Dist. Court

     Mr. Lashier being interviewed said: Mrs. Kolway was very much frightened. She said she could not come, as she had learned she was to be arrested and imprisoned. She burst out crying and said she could not go to Minnesota. The Matron of the Home advised Mrs. Kolway to go. It took me several hours to secure her willingness to come. Soon after we started she advised me why she was frightened. She said it was on account of the letter she had received from Mrs. Crowell.
     Mrs. Kolway being interviewed said: The letter I got from Mrs. Crowell made me think I was to be arrested. I was awfully scared when I saw Mr. Lashier and the policeman. Mrs. Blakewell, the matron, read the letter to me, but she told me to go, so I came. I spell my name "Kolway". The letter I got was what made me afraid in the courtroom.

March 26, 1880

Court Notes

The County Attorney, J. D. Jones stands head and shoulders above the rest.

- The jury was one of the best ever impaneled in the county.
- Kolway and Steinhuber were killed Monday afternoon, October 27th, 1879.
- "Black John" was lynched Sunday morning, November 9th, 1879.
- Mike Miede is a thick-set, rather short man with jet black hair, eyes and mustache, is 26 years old and has a wife and one child in Germany.
- "Black John" confessed to Father Schenk a few hours before the lynching that he and Mike did the killing.
- The bodies were tied up in sheets and carried out with a pole resting on the shoulders of at least two men.
- There has been no indication whatever with the passionate interference with the wheels of justice.
- Michael Miede will get what the law gives him; nothing more or nothing less.
- Mrs. Disselbret shoots when occasion requires.
- Subdued but intense interest prevailed in the courtroom during the trial.
- The evidence is wholly circumstantial, but points direct to Michael Miede as the principal.
- There was no necessity for a change of venue.
- Urick when asked if he was married or single said: "No, I live on a homestead."
- "Black John" has a wife and two children in Germany.
- Mrs. Kolway was a very important witness, procurred with great difficulty.
- Judge McKelvy presided with prudence, discretion and that marked ability so natural to his very nature.
- J. D. Jones has cause to feel gratified. Judge McKelvy, and Attorney-General Start congratulated him on his able argument to the jury.

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