Show KESSLERS NEW TRIAL State Supreme Court Decides He Is So Entitled MURDER IN SECOND DEGREE THE CRIME FOR WHICH HE WAS SENTENCED FOURTEEN YEARS I Professor Mnlones Snit Against the Southern Pacific Railway Company Compa-ny for 1099 Unninge Judgment For the Plaintiff in the Suit of Stoutt 1 Brislmin Verdict for the Defendant in Bcnnion vs Llppumn Proceedings in the Dls triet Conrt United States Circuit Conrt Meets I The state supreme court handed down an opinion yesterday in the case of the people vs Daniel Kessler The opinion was delivered by Chieif Justice Zane and concurred in by Justices Minor and Riles I reversed the judgment of the lower court In overruling the defendants defend-ants motion for a new trial and remanded moton manded the cause to that court with instructions to grant a new trial Kessler who is an old man of about 65 years of age was found guilty of murder in the second degree for the killing of a soldier named Frederick Niebergal and was sentenced to fourteen four-teen years imprisonment in the penitentiary peni-tentiary The killing was done on the night of November 22 1894 in a house of ill repute kept by a woman named Mrs Binkley in this city Niebergall was shot in the abdomen and died from the effects of the wound five days after af-ter the shooting The new trial was granted on the ground principally that a conversation which occurred between Captain Donovan Dono-van and Niebergall an hour and a half after the shooting was erroneonusly admitted ad-mitted a evidence at the trial as part of the res gestae and also that a conversation con-versation which occurred at Fort Douglas Doug-las the day after the shooting between Chief of Police Pratt and Niebergall had also been erroneously allowed to go in a part of the res gestae Other errors er-rors were assigned but the above being be-ing sufficient to entitle the defendant to a TIATV irial tVinv were not r AT1sirl ered u n I This decision of the supreme court is i quite a victory for the young attorney A B Edler who defended Kessler at the trial and prepared the brief on appeal Kessler is a poor man and Attorney Edler ha fought the case for him from the beginning without pay and in fact is out of pocket on i a he paid for transcribing testimony and other incidental expenses his client being be-ing unable even to bear even those expenses ex-penses |