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Transcript: Crown vs. Jergens

Bailiff: All rise! Superior Court in and for the County of Grey is now n session, Honorable Elmer Losch presiding.

Losch: Be seated. Mr. Weinert, are you ready? Your next witness?

Harry Weinert: Yes, Your Honor. The Crown calls Jack Scoles.

SCOLES SWORN.

Weinert: Would you state your name and occupation, please?

Scoles: John ... er ... Jack Scoles. I am a meteorologist with the government weather service.

Weinert: Your Honor, the Crown is calling Mr. Scoles as an expert witness in this case and –

Fred Boettger: Begging Your Honor’s pardon, the defense will stipulate as to Mr. Scoles’s expertise. No point in taking more of the court’s time.

Losch: Very well. Let the record show that counsel for the defense accepts the witness as an expert.

Weinert: Just three questions, Mr. Scoles. Would you describe the weather conditions for the south of Grey County on August 20, 1941?

Scoles: Records show completely clear skies for the day and night of the 20th. For the 21st and 22nd as well. Very warm. A dayt time high on the 20th of 89 degrees, low of 21. Sunrise at 6:18 a.m. Set at 8:11 p.m. Winds were ...

Weinert: That’s really all we need for now, Mr. Scoles. Could you tell the court the moon phase for that date?

Scoles: The moon was full.

Weinert: A full moon. Now this is most important: based on your expert knowledge, once the sun has set, how much time passes before the moon in its full phase is completely visible above the horizon?

Scoles: That depends on latitude, how far you are from the equator, and what kind of horizon, whether it’s flat or hilly – a lot of factors. Here in the south end of Grey County, on a late August night – clear, of course – the moon is usually fully visible and giving off quite a bit of light after about one hour. Perhaps seventy minutes.

Weinert: An hour or just a bit more. Thank you. No more questions.

Boettger: Defense waives, Your Honor.

Losch: Very well. Carry on, Mr. Weinert.

Weinert: The Crown calls Mr. Jack Kaster.

KASTER SWORN.

Weinert: Would you tell the court where you live, Mr. Kaster?

Kaster: In Neustadt. Northwest corner of Queen and Barbara. Bought ’er in ’22 from –

Weinert: Yes, thank you, sir. The northwest corner of Queen and Barbara. Now your home there has a porch facing west, is that correct?

Kaster: Yessir, west side. You see, the missus wanted a –

Weinert: Just the porch, Mr. Kaster. Now, how many other houses are there to the west of yours?

Kaster: None. We’re the last –

Weinert: And are there trees, say, a woodlot or bush to the west of you?

Kaster: Not a tree. Just Ed Demerling’s big field ’tween us and the Hanover Road. I’d say she’s maybe thirty acres. Ed, he’s got wheat in ’er this year. Looks to me –

Weinert: Yes, yes, could you tell the court where were you on the evening of August 20, 1941?

Kaster: Well, on the porch! Like I told you before, me and the missus were watchin’ the sunset. You see –

Weinert: The sunset. And is it correct that you remained on the porch for at least another two hours after that?

Kaster: Had to be about that. You see I went inside ’cause I wanted to hear the ten o’clock news on the radio, but it was already started when I turned it on.

Weinert: Before you went inside – now this is important, Mr. Kaster – did you see a tractor traveling north on the road that runs along the other side of the field – I think you identified it as “Ed Demerling’s field”?

Kaster: Yeah, the Hanover Road. Ten, fifteen minutes before we went inside, Art Jergens’s tractor –

Bettger: Objection!

Losch: Sustained.

Weinert: Rather than say whose tractor it was, Mr. Kaster, could you describe –

Kaster: D’you want to know about the tractor or not? There’s only one tractor for miles around here that’s got this great big high bar what loops way up over the seat, and that’s Art’s!

Boettger: Your Honor!

Losch: A little more careful direction is in order, Mr. Weinert.

Weinert: Yes, Your Honor. Now don’t mention any names, Mr. Kaster. You saw a tractor traveling north on the Hanover Road and the tractor had a high bar that loops over the seat. Is that correct?

Kaster: Saw it clear as could be. See the full moon was just up and we could see it – what’s that word you said in your office – sil ... silhouetted? It was silhouetted perfectly against the moon. I even said to the missus –

Weinert: And you saw this about ten or fifteen minutes before–

Losch: Excuse me, Mr. Weinert. Would you approach the bench? And Mr. Boettger?

CONFERENCE AT BENCH.

Note of Judge Losch

In Crown vs. Jergens, the undersigned offered Crown opportunity to withdraw the charges against Jergens in light of Kaster’s testimony, and it was accepted. Although the witness, Kaster, appears to have perjured himself, it is the view of the undersigned that the error in his testimony does not arise out of malice. There will be no further charges in this matter.

Honorable Elmer Losch

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What is the “error” in Kaster’s testimony to which the judge refers?

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