Murder of Ben Levich
February 14, 1896
Manning Monitor

WIESE IN JAIL
Awaiting The Decision of The Grand Jury.
ADDITIONAL EVIDENCE
Many Interested Spectators Hear The Trial on Saturday.

The second trial of Peter Wiese for the murder of Ben Levich was held on last Saturday. The news that a second trial was to be held spread rapidly throughout this section of the county, and the town was crowded with farmers all day. It had been intended to hold the trial in the council rooms, but the crowd raised $5, the necessary amount to rent the German hall, and, accordingly, the trial was held in the latter place.

The hall was filled with interested spectators during the entire proceedings. A number of ladies were also in attendance.

FORENOON SESSION.
The trial was held before Justice William Johnston, and court was opened by Sheriff R.T. Jeffrey. County Attorney Korte appeared for the state, and Attorneys F.M. Powers, of Carroll, and E.M. Funk for the defense.

The warrant was first ready by the justice. The latter then asked the prisoner whether he pleaded guilty or not guilty. "Not guilty," was the reply of Attorney Powers.

Coroner LeDue, of Templeton, was the first witness called. His testimony was almost identical with that given at the first trial, and which was published in full by the Monitor last week.

Ed Hagemann was next called. His testimony was also same as given in last week's issue of this paper, with the exception that he testified that on Thursday he had tracked the steps of the prisoner from the place where he met him, to the road that runs past the vacant house.

Henry Rohr was one of the most important witnesses for the prosecution. He said: "I went to the vacant house with Frank Blair; found footprints north of house; found others near the barn; found footprints in corn field south of vacant house there going north; they were within seventy-five feet of the grove; went to the home of Peter Wiese and got him to come with us; told him that we were hunting for the track; asked Wiese to take us over the exact route that, he followed when he was hunting on the day of the murder; he did not want us to go north of the route that he was taking us over; said that he shot the quail on a hill northeast of the vacant house, said that he first saw the quail, near the gate in the wire fence on the east side of the road; this was on Wednesday; went out the next day with Julius Brunnier to search for the quail that Wiese said he had killed; we went to the hill with a number of neighbors; we took two rows of corn apiece and searched the entire hill, but no quail or footprints were found by anyone; I also went with Hagemann to examine the footprints that he had found measured the tracks: they were from 11 3/4 to 12 inches long; also measured the footprints of Peter Wiese on that day; the latter said that he had on the same overshoes that he wore on the day of the murder; the footprints that Hagemann showed me led in the direction of the vacant house; found footprints near the willow fence; all of the footprints that I found seem to correspond with the footprints of the prisoner."

Herman Hagemann's testimony was largely the same as that given at first. He testified, however, that it was about twenty-five minutes from the time that he first saw Nels Wiese, on the day of the murder, until Peter Wiese joined them. This question was not asked at the first trial.

AFTERNOON SESSION.
William Folken's {probably Fonken} testimony for the prosecution was about the same as that he gave on Tuesday. In the cross examination by the defense, he said: "I live about 80 rods north of the vacant house; west side of the road; heard two shots after dinner; do not know the exact, time; I live about three-quarters of a mile from the place where the Hagemann boys were burning hogs; think that, the shots came from the south; the Hagemann boys were southeast of me; the door of my house was open when I heard the shots." The prosecution then took the witness again. The peddler had on heavy boots; there was no mud on them; I found tracks coming from the field to the house by the way of the barn; examined tracks on Wednesday, after the trial; Hans Derner said that he was not satisfied with the trial and that we had better look at the tracks; the tracks in the cornfield were the same as those at the barn; I measured them with a piece of willow."

Hans Derner corroborated the testimony of Folken {probably Fonken}. He also said that he had seen the peddler at about half-past one, on the afternoon of the murder.

John Rogens, Henry Mundt and Fritz Johansen gave the same testimony that they gave at the first trial.

Charles Bartels testified to seeing the peddler at the "Three Mile House," at about twelve o'clock. He also saw Wiese going north on the same road about fifteen minutes later. Wiese was in a wagon with a neighbor.

Frank Blair said: "I went to the vacant house on Wednesday; went after evidence in the Wiese case; saw the tracks at the barn and in the cornfield south; had a talk with Peter Wiese; went with Wiese when he offered to show the track he took when he shot the quail; at the place where he said he crawled through the wire fence, there were no tracks; I asked him to go through the wire fence and he did so, leaving a very plain track; then he showed me the place where he claimed that he had gone through the willow fence; could find no tracks at the spot he pointed out; examined the field where Wiese said he shot the quail, but could find no not trace of the same; thought that the tracks in the cornfield corresponded with the footprint of the prisoner."

Cross examination "I measured the length of the tracks; they were about 12 inches long: I did not measure the width."

Herman Mundt, John Folken {probably Fonken} and J. Brunnier testified to accompanying Rohr and Blair when the corn field was searched, and that they found no trace of either quail or footprints. This closed the case for the state, and the defense was given an opportunity to introduce witnesses. No witnesses were introduced by the defense, however, and after a brief plea for conviction by Attorney Korte, and an equally brief reply by Attorney Powers, the case was left in the hands of Justice Johnston. He decided that the testimony was sufficient to warrant him in binding the prisoner over to await the action of the grand jury, which meets in March. No bail was allowed. The prisoner was turned over to Sheriff Jeffrey, who took him to Carroll on the evening train and placed him in the county jail. Wiese was, however, allowed to make a few minutes visit at his home before departing for Carroll.

Just after the prosecution had called its last witness, Mrs. Ben Levich, of Des Moines, wife of the murdered man, accompanied by her five small children, was brought upon the stage, where the prisoner, attorneys, justice of the peace and witnesses were seated. A brother of the woman was also present. When the brother pointed out Wiese as the man supposed to have murdered her husband, Mrs. Levich became so agitated that she had to leave the room. The two little boys stood and pointed their fingers at the prisoner and conversed together concerning him. It was a sight that brought tears to the eyes of many of the spectators. It is generally understood that Mrs. Levich was brought here to identify the watch chain carried by Wiese, as having formerly belonged to her husband. It was learned that there was no doubt but that, the chain had been, given to young Wiese by his father, so Mrs. Levich was not used a witness. She left for her home on Saturday evening.

ADITTIONAL EVIDENCE.
A chain of circumstantial evidence is being slowly drawn about Peter Wiese, that may finally connect him with the Levich murder case in such a manner that escape will be impossible. On Wednesday afternoon, word was received that a couple of boys had found some money in a straw stack on the Wiese farm. Justice Rohr and Constable Claussen drove out to the farm that afternoon, where the report was verified. The boys had been playing near the stack which is only about ten rods from the house, and had found the money scattered on the ground and partially buried under the straw, where it had been trampled by the cattle. The boys had found $13.55, and Rohr and Claussen found 5 cents more. The money was in paper, silver and copper. A Russian coin, about the size of a half-dollar and having a hole through the center of it, was also found. If the money was that of the peddler, his wife can probably identify this coin.

When the discovery of the coin was made known to Wiese's mother, she declared that she believed her son guilty of the crime. Heretofore, she had always persisted that he was innocent. She sent a letter to him asking him to confess.

Mr. Rohr took the letter to Carroll on Wednesday evening and showed it to Wiese, who only reiterated his former statement, "I am sure I didn't do it." Of course, unless the Russian coin can be identified, the finding of the money does not positively connect Wiese with the murder. Still, it will be difficult for anyone to explain the presence of the money in the stack in any way, and in the minds of the majority of the people it is the strongest evidence against him that has yet been found.

October 9, 1896

PETER WIESE IS FREE
ACQUITTED OF THE MURDER OF BEN LEVICH, THE JEW PEDDLER.

On Saturday, the jury in the case of the State of Iowa against Peter Wiese for the murder of Benjamin Levich, committed on the afternoon of February 2, five miles north of town, returned a verdict of "not guilty," and the accused is now a free man, so far as the law is concerned. The people of this vicinity are somewhat surprised at the verdict.

Immediately following his acquittal on last Saturday he returned to Manning, and is now remaining with his parents north of town.