Newspaper Page Text
ESTABLISHED 1843. CONDUCTOR FRENCH HUS BEEN PURPLED Will Escape Expected Term in the Penitentiary Judge Clementson Gives Extended Rea*- ons Why He Thinks Such Ac tion is the Proper Thing Harry R. French, the Burlington freight conductor, recently convicted in tho circuit court held in this cty of the crime of manslaughter in the third degree, the penalty of which is im prisonment in the state penitentiary for a term of from two to four years, has been paroled by Judge Clementson and placed under control and manage ment of the state board of control for a period of two years, thus escaping ing incarceration within the walls of the prison whose gates were yawning to receive him. * This action upon the part of the judge will naturally occasion more or less comment, and he has pre pared for publiction the following lengthy and detailed resume of the case, showing why he considers a parole to be the proper course in the matter: The jury found the defendant guilty of manslaughter in the third degree, which is punishable by imprisonment in the state prison not less than two years and not more than four years. Thereupon the defendant’s attorneys moved the court to arrest judgment; for a new trial; and, if both motions were refused, then that sentence be suspended and the defendant be placed upon probation, or that if sentence should be pronounced that the execu tion thereof be suspended. lam not ware that there is any error in the record of this case and none has been pointed out to me. It is, therefore, determined that the motion in arrest of judgment be denied. The motion for a new trial is also denied, for these reasons: This was not a clear case of the guilt of the defendant, as is evidenced by the length of time the jury were out before agreement. The testimony was conflicting, but its credibility and weight was for the jury to pass upon and there was sufficient evidence if the jury believed it to sustain the verdict. In such case the court should not set aside a verdict though he may feel that if he had been one of the jurymen he would not have agreed to find the defendant guilty. In all cases the court has the power to set aside a verdict of guilty and grant a new trial, for cause cr arbitrarily, but he should not exercise this power unless he is convinced that there is no trustworthy evidence to sustain the verdict, or that he com mitted error during the trial. The defendant’s attorneys do net seriously claim that the judge erred in his rulings or in bis charge to the jury in this case, and I am satisfied that this trial was conducted without error pre judicial to the defendant. I will now consider the third motion. This is based upon section 4734-a of the statutes, which reads: “Whenever there is a conviction in any court of this atate of a felony, punishable by imprisonment for a term not exceeding ten years, convic tions under section 4587-c of the statues excepted, and it appears to the satisfaction of the court that the person convicted has never before been convicted of a felony, either in this state or eleswhere, that the char acter of the defendant and the cir cumstances of the case indicate that he is not likely again to commit crime and that the public good does not re quire that the defendant shall suffer the penalty provided for by law, said court may, except in cases otherwise provided for by law, by order suspend the judgment or stay the execution thereof and place the defendant on probation, stating therein the reason for the order which shall be made a part of the recond.” Id view of the language cf this section and that application there under is made for the probation of the defendant, it is essential that the material circumstances of the homi cide of which the defendant has been found guilty should be considered, and also the character of the defendant. French was the conductor of freight train No. 80 of the LaCrosse division of the Chicago, Burlington & Quincy Railroad company. This train left LaCrosse on the morning of October 15th, 1913, about six o’clock as a special stock train under directions to make the best time practicable to {Savanna, Illinois. Besides French the crew consisted of the engineer, the fireman, O’Neill the front brake man, and Rand the rear brakeman. When French got upon the train at LaCror.ie he had his street clothes on, and his shirt was light colored. His train clothes were in a locker in the caboose, and the shirt of that suit, was dark. When he changed his GRANT COUNTY HERALD street clothes for bis train clothes was a material circumstance in the case. French and the two brakeman testi fied that he did so just after leaving Prairie du Chien where the train stopped for coal and water, and that he had bi 3 dark shirt on before Glen Haven was reached. It is undisput ed ttiat train No. 80 consisted of 54 cars besides the enigne, the tender and the caboose, and was half a mile long. About a quarter of a mile north of Glea Haven the train was flagged to a stop and orders were handed to the onductor or engineer to proceed with caution until a bridge crew that wera at work at a bridge or cnlvert half a mile below Glen Haven station were passed. The engineer then start ed the train and ran cautiously. Ha testified that when his engine passed over this small bridge it was going from eight to ten miles an hour, Several witnesses, both for the state and for the defendant, confirm him as to the then rate of speed. At the time when the engine crossed the bridge, the caboose would be passing the Glen Haven station half a mile back at the same rate of speed, of coarse, as the engine was going. The state introduc ed witnesses who were at the station who testified that the caboose passed there at from two to four miles an hour—one of them saying that the train was then going slowly, just under control. The speed of the train at the time the engine crossed the bridge was a very material question in the case. The 18th car from the engine was a flat car, that day loaded with monument granite. To pass from the car behind it to the car in front of it a person had to climb down the end ladder of one car and up the ladder of the other. When the train passed the bridge crew O’Neill was standing on the top of a car about a quarter of the length of the train from the engine. Members of th 9 bridge crew testified that they saw another man, whom they did not know, who had a light colored shirt on, walking on the top of the train towards the engine until he got where O’Neill stood, and that he spoke to O’Neill and then turned and went back towards the caboose until be reached about the middle of the train when he went down between two cars. Albert Esser, one of the bridge crew v;bo had been down the line to flag, was near the track and saw this man come aown from the top of a car by tbe end ladder, upon the side ladder, which car there was a man holding on with his feet in the stirrup or step that hangs below the car and nis hands on handhold and with his body somewhat curved out. Esser testified (Continued on 2d page.) “Within the Law” Few plays of recent years have been so enthusiastically praised by tbe exacting dramatic critics of New York and Chicago as Bayard Veiller’s ab sorbing new human interest drama of modern metropolitan life, ‘ ‘Within the Law’’which the American Play Co. is to offer here on Friday night, Mar. 20. at the Opera house. ‘ ‘This play. ” says Actou Davies in the New York Evening Sun, ‘‘is set forward on the programme as a melo drama, and the man who writes the advertisements calls it ‘a drama of tbe minute. ’ It is both. The killing that is done in the course of the nar rative is accomplished with a revolver that shoots smokeless powder and is rigged with a Maxim silencer. When the killer finally has tbe crime fasten ed upon him, ne says to tbe police inspector, with the conscious pride of one who has done a good job with a high sense of artistic values: ‘I guess that’s the first time a guy was ever croaked with one of them,’ and as the inspector nods, the slayer contin ues: ‘Borne class eh?’ and strolls off to take his medicine. “Within the Law” has a story back of the shooting, in which a young girl gefes to prison while not guilty, comes out and evolves a scheme for making society ‘‘give up’ without actually breaking tbe written statutes. Bbe organizes a group of experts and what they do to the police, who are powerless to convict them, make the play.” The American Play Co. has engaged a remarkably able cast for “Within the Law,” and the elaborate scenic production which is to be employed here is identical, even to the small de tails, with that employed in New York and Chicago, where this stirring new play was designated the ‘‘dra matic sensation of the year.” Presbyterian Church. Sunday School 9:45, Divine Service 10:45. Hurricane Sunday School 2:30. Hurricane Divine Service 3:30. Boice Creek, Services at 7:30. Bible Study at Rockville. Church Wednesdayevening at 7:30 PUBLISHED AT LANCASTER, WISCONSIN, WEDNESDAY, MARCH 18, 1914 THE TAXPAYERS’ LEAGUE MEETS HERE THURSDAY Delegates Coming From all Parts of the County Feeling Seems to be General that Some thing Must be Done to Check Increasing Taxation It is doubtful whether the people of Wisconsin have been more stirred in years over any one thing than they are at the present time over what they consider needless extravagance in pub lic affairs and the tremendous growth in taxation. In spite of the fact that new sonrees of taxation have been added in our system—corporation tax, inheritance tax, income tax, etc., and the allurement constantly held before the people that these new features were going to lower general taxation, the expense of state government and state institutions have seemed to grow at a more rapid rate than the revenues and onr general taxes keep mounting high er and higher with no promise of ever being any lower. The result is that all over the state this year the burd ened taxpayers regardless of party, are demanding that something must be done to put a check upon present con ditions if we are not to see taxation reach confiscatory proportions. A few weeks ago the nucleus of an organization known as the Grant County Taxpayers’ Protective League was formed in Lancaster for the pur pose of expressing condemnation of the great mass of freaky and useless legis lation that has been enacted at the ex tremely long session® of the Wisconsin legislature: the great multiplication of laws; the great number of employ ees carried upon tbe state’s pay rolls at the expense of tbe taxpayers; the present system of state aid in the building of highways; the increase cf state commissions to supervise and control all sorts of public and private husiness ; the almost unlimited power given by law or usurped by existing commissions, which to a great extent deprive towns, villages cities and counties of the right of local government, and to seek methods for restoring such rule to the people and checking the rapid growth of taxation. Resolutions were adopted, calling upon the various towns and cities in the county to join in tbe movement and to send four delegates each to a non-partisan convention to be held in Lancaster, Thursday. March 19. to de termine upon a course of action to bring about needed reforms in our state government Sentiment in this direction has been growing stronger and more pro nounced ever since and a majority of the municipalities of the county have within the past few days held caucuses and chosen delegates who will be in attendance at snch con vention, to be held at the opera house, in this city Thursday, convening at 1:30, HUSBAND ANDWIFE DIED FEW HOURS APART Mr. and Mrs. Augustus Huntimer, Form er Residents Here, Have Both Passed Away Two weeks ago The Herald printed in its Potosi correspondence a brief item announcing the death of Mr. and Mrs. Augustus Huntimer, former residents of this county, which occurred only two days apart, at their home in Dell Rapids, South Dakota. We have since received a clipping from the Dell Rapids Times-Tribune. from which we make the following ex tracts ; “It is seldom indeed that death claims both the wife and husband within comparatively 7 a few hours, from natural causes, but such was the case in the demise of Augustas Huntimer, mayor of this city, and his wife, the latter passing away Fridav, Feb. 20th, at* 10:15 a. m., and Mr. Huntimer following her into the shadows of eternity Sunday after noon at 3 o’clock, both succumbing to pneumonia. “Mr. Huntimer had been showing a perceptible decline in health for the past year or two, but kept steadily at his business and was at his office on Saturday afternoon, Feb. 14, bnt for several days had been struggling to keep up. He went home, and during the evening was taken so sick that he conld do little for himself, and when he tried to phone for help he ceuld not find the phone. ‘‘Mrs. Huntimer had lost her mind, a condition that had grown steadily upon her for a number of years. She would have no one stay with her, aud the constant worry over her condi- tion undoubtedly had much to do with Mr. Huntimer’s failing health. Hence she could not realize his con dition, nor do anything for him. Because of his attack Saturday even ing he was not able to tend his furnace, and during the night the fire went out. Some time near noon Sunday Mr. Huntimer managed to get to the telephone and called a doctor, and when he reached the house Mrs. Huntimer was in tbe kitchen, where she had started a fire in the range, but had dropped the lids down in the fire, and the gas and smoke filled the room. He found Mr. Huntimer lying on the lounge in tbe sitting room. He was delirious most of the time from the first seizure of the disease, and therefore was unable to give a very clear account of the circum stances after he reached home. ‘‘ That evening Mis. Huntimer was also taken with the same dissase, and from the first was pronounced woise than be was. As soon as the doctor discovered the conditions the neighbors were called, and the rela tives iu the cuuntry were phoned to, and they promptly came and took charge, a trained nurse was secured, and everything possible was done, but there was very little hope for their recovery. ‘‘Mrs. Hnntimer passed away Fri day morning at 10:15. No arrange ments had yet been made for the funeral, and on Sunday afternoon at 3 o’clock Mr. Huntimer followed her. They never had any children, and therefore there is no one left of the family or household. ‘‘Augustus Huntimer was born at Potosi, Wis., August 28th, 1847, being the oldest of a family of twelve, eight brothers and four sisters, all of whom survive him but one brother, Joe. and one sister, Mary. They are William and Henry, of Madison; John, of Tacoma, Wash. ; Chas. B. ; Q. V. and Frank, of Humtimer, Mrs. Peter Bowen, of Dell Rapids; Mrs. C. C. Hamilton, of Spirit Lake, lowa, and Mrs. Amelia Riley of Fowler, Colorado. “Mr. Huntimer grew up at Potosi, Wis., and married Miss Mary Dulan there iu 1870. He continued to live there, engaged in the cooperage busi ness, until 1885 when thay came to South Dakota, locating on a farm he purchased near where his brothers lived in this county, now known as Huntimer, they having preceded him here many years before. He lived on the farm for a number of years be fore he moved to Dell Rapids, which was about 1891 or 1892. He opened a cooper shop here and worked at that for a time, and then took up the land business, which he followed ever since. ‘‘He served fonr years as post master of thia city, being appointed by President Cleveland about January, 1895. “He had been secretary and manager of tbe Creamery Co. for many years, and also served as a member of the board of education for several years, wnich position he re signed when he was elected mayor of the city, four years ago next April. “He was a man of broad public spirit, conscientious to a degree, a warm and true friend, and was honored and respected by all. “Mrs Huntimer, whose maiden name was Mary Dolan, was born at Potosi, Wis., Nov. 27, 1879. Sbe was a woman of rare virtues and idolized by her husband, bnt, at least for many years, was of a very retiring disposition, and rarely left her home. She was, however, universally re spected and esteemed. ‘ ‘She leaves to mourn her death three sisters, one, Mrs. Kate Bell, living in Seattle, Wash., and the other two in California. ‘‘A double funeral was held today at 10’30 at St. Mary’s church, tbe large edifice proving entirely in adequate to accommodate tbe throng that gathered to pay their last tribute of respect and honor to this worthy couple. ” Home Talent Play and Social. “A play entitled A Prairie Rose,” and a basket social will be given in the Bowen School House, in Little Grant, Ethel Weisbenner teacher, Fri day evening, Mar., 20, 1914. Play opens at 7 ;30. Admission, ten cents for everyone. Everybody come ! CAST OF CHARACTERS. Silas Wilder, (an old Ranchman.) John Weisbenner Dr. Robert Raymond (a young Chicago Physician) Millard Davis Philip Bryant (a young lawyer in Chicago.) . . Clyde Govier Archie Featherhead (a voung Chicago Dude) Bill Briggs (a Kansas Cowboy) John Weisbenner Mose, Darky Servant Noel Davis Ralph Wilder (Rose’s Father) Virgil Weinbenner Lizy Jane Slocum (Silas’ Housekeeper, later his wite). Ethel Weisbenner Dorothy Deane (Philip Sweetheart later his wife) Elsie Stark Agnes Raymond (Rob's divorced wife) Rose"wilder (“Apfairi'e Rose 7 ’)' Mary Weisbenner. Try a Herald want ad. ANOTHER CONTEST ON PRACTICAL LINES One Hundred Dollars to be Given in Prizes to Boys and Girls in County Every boy and girl enjoys doing something worth while if given a chance. Every boy and girl would rath er be active than passive. Tbe youth who does nothing has not been given a chance to do something. The youth who does the wrong thing invariably does so for the simple reason that tbe right thing was not presented. In youth is energy, and energy is tbe capacity of performiog work. To direct you in a part of your work will you read the following A few days ago Superintendent J. C. Brockert received a letter from a worthy citizen who is deeply interest ed in the young people of our city. He knows from experience the value of labor and he is desirous of incul cating the habit of industry iu the minds and hearts of onr young people. As an incentive for the encouragement of labor, SIOO will be awarded to the voung folks of our city this summer for planting and cultivating gardens. The SIOO will be divided ibto 10 prizes of $lO each and will be award ed by a committee appointed by the president, secretary and treasurer of the Grant County Agricultural Society. Not many iron-clad rules will be laid down farther than this, that after the plot of ground is plowed the labor necessary for the planting, cultiva tion and care of the garden shall be performed by the contestant. The plot of ground shall be planted to flowers and garden vegetables The committee will visit the gar dens from time to time and give the contestants suggestions and encourage ment. The contestants are to look to the following points which will be considered by the committee in award ing the prizes: Ist order, arrangement, beauty. 2nd culture, freedom from weeds, attention, care. 3rd results, quantity, quality and value. The young folks who wish to enter the contest are requested to send their names to Supt. Brockert. Within a few days a meeting will be held in tha superintendent’s office where the plan will be talked over in detail and the committee will give such assistance as possible. Special Service at M. E. Church Miss Hutchinson district confer ence secretary of tbe Woman’s Foreign Missionary society, entertained the Sunday evening congregation of the M. E. church with a very interesting talk along those lines The evening services were entirely in the hands of the society program was as follows: Voluntary ....Miss Nettie Woodbouse Hymn by the choir. Prayer by Mrs. Bollard. Solo Miss Elva Doll. Responsive Reading. Notices Rev. Thos. S. Beavin. Hymn by the choir. Introduction of Miss Hutchinson by Mrs. W. B. Doll. Address Miss Hutchinson. Offering. Trio Elva Doll, Mrs. Frank Holmes and Lottie Grebe. Hymn. Mrs. C. F. Dickinson, word of thanks to Miss Hutchinson. Miss Hutchinson also gave a little talk at the W. F. M. S. held at Mrs. 9. W. Doolittle’s Friday afternoon. She returned home to Mineral Point Monday morning having been entertained while here at the home of Mrs W. B. Doll. Concerning Silos We wish publicly to answer a few questions relative to concrete silos that are so often asked us, it would seem to be largely circulated that sev eral inches next to the wall of a con crete silo is waste feed also that silage in a concrete silo freezes consider ably more than in a wooden one. This is untrue; in a proerly constructed concrete silo and in fact in every one we have se»n, the feed keeps as well and is as wholesome as at the middle. From onr own observation and that of wood silo owners who look at our silos in cold weather and from the report of the Wis. Exeriment Station we will say concrete silos freeze no deeper than wood We would advise all interested iu the subject to obtain Bulletin No. 214 of the Wissosnsin Station which will be found very interesting as they have an experience with concrete eilos covering a number of years and in this bulletin they compare the differ ent kinds of silos as to keep, freez ing, cost, etc. This bulletin is free and will be sent to any address and all interested in or thinking of bnying a silo, should drop a card to the Aricultural Experimental Station, Madison, Wis., and ask for bulletin No. 214. Williams Bros,. THE SPRING ELECTIONS WILL OCCUR APRIL J * A Number of New Features Appear This Year Judge of Supreme Court, County Board of Education and Local Officers to be Chosen. The spring election will occur on Tuesday, April 7, and is less than three weeks away. This year there will be elected one justice of the state supreme court, to succeed James C. Kerwin, whose term of office will ex pire in January 1915; also a county board of education of five members, under the condition of a new law,, passed at the last session of the legis lature, and the usual local officers* So far no nomination papers for the county hoard of education have been filed with the county clerk and the latest date for filing is March 23. It is given out that the attorney gen eral has ruled such papers need not be circulated in more than one precinct to be legal. Anybody intending to enter the race will have to get a move on them Little need for such a board can be seen by the ordinary citizen, and it a provision of one of the bril liant laws ground out at the state’sh ‘‘bill factory.” The situation concerning locaK officers is no different from that pub lished in The Herald last week, ex cept that a new supervisor must be chosen in the first and second wards of the city. Thomas Tuck wood has b?en super visor of the Ist ward ever since it be came a city in 1900, and for eighteen years was one of the supervisors from •North Lancaster. He has served his constituents well and faithfully, but now feels that he wishes to lay down the cares of such position. Nomination papers are in circulation for John Dobson as Mr. Tuckwood’s succesor. In the second ward Walter J. Bren nan has been supervisor for 13 years and has been chairman of the county board since 1906. It is conceded that he has been one of the most efficient and popular chairmen the county has ever had, but he now announces bis determination to retire, the growing hurdens of his law business making it very difficnlt for him to spare the time demanded by the duties of bis of fice as supervisor and county chairman,. Papers are in circulation for Mont gomery Miller and also for L. D. Eastman as his successor. There may he still another candidate within a day or two. In town and village elections a new law provides that an official ballot of the Australian system, similar to that used in general elections but in a modified form must be used this year and hereafter, instead of the little single ballots that have so long been in use. The Herald is prepared to print these promptly and correctly. This law provides for the nomination of town and village officers at caucuses regularly called, to be held not later thau March 30. The caucus is to be* non partisan and electors of all parties may take part in it. and there is to be no party designation of candidates upon the ballot. The caucus, however, is only per missive and not mandatory, and nom inations made by the circulation of nomination papers and signed by electors of the town or village eqnal in number to ten per cent of all the votes cast in such town or village for all candidates for governor at the last preceding election, are to be placed on the ballot. Even candidates de feated for nomination in the caucus may be nominated by nomination papers and have their names placed upon the official ballot. Methodist Church. Thos. S. Beavin, Pastor 9 :30 Bible school. 10:30 morning worship. ‘‘Jesus Transfigured. ” 6:00 Epworth League service Leader, Miss lona Roescb. Subject, “The Story of Yun Cbi Ho—A Korean Reformer and Prisoner.” 7:30 Temperance meeting. The Rev. W. A. Weybraucb, the pastor of the Baptist church will speak. All voters are especially invited, and onght to make an effort to be present. Special singing. Thursday, 7:30 weekly prayer ser vice. Friday, 7:30, mission study class in pastor’s study. Different Arrangements. Gotfred A. Klepsas, Casselton, N. Dakota and Ida Swenson, BoscobeL Diedrich O. Masbreck and Huldah Hornbeck, both of Platteville. VOL. 72; NO. 3