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The Murder of Anna Wiese | ||
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EVENING TIMES REPUBLICAN |
THURSDAY, SEPTEMBER 13, 1894 | |
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HEADLINES SEPTEMBER 13, 1894 A DAY FOR DEFENSE Mr. Bennett On the Stand Five Hours in Behalf of His Wife State's Counsel Consider Their Case Stronger Than Before - The Evidence The Court Room Crowded and Interest Unabated - End in Sight THE OTHER SIDE Evidence for the Defense Now Being Heard - Mr. Bennett on the Stand Five Hours As briefly stated last evening, the state completed the direct testimony in the Bennett case shortly before 4 o’clock. Counsel for the prosecution assert with confidence that they have made a stronger case than on the previous trial. There has been but little evidence brought out, but they feel that many points have been more clearly established by the testimony in this trial. They consider the evidence of the Chicago expert on hair as a very valuable factor in sustaining their theory of the murder. The ground so far has been as closely examined and fully as stubbornly contested as in the previous trial and there has been no abatement of effort by either side to give the case a thorough and conclusive trial. The defense starts out in good shape. Mr. Bennett is one of the principal witnesses. He was on the stand from 4 o’clock till 6 last evening, and from 9 till 12 today. He told a straightforward story of the crime and the incidents in connection therewith, and passed through the ordeal of a most searching examination by Mr. Carney without apparent contradiction or entanglement. Mrs. Shattuck, a sister of the defendant, arrived from Rhodes at noon and occupied a seat by the accused during the afternoon proceedings. She had not heard that the trial was in progress and supposed it was to begin today. There was a large attendance again today, every seat in the court room being occupied, and many standing in the aisles this afternoon. It is barely possible but hardly probable that the evidence will all be in by Saturday night. WEDNESDAY CONTINUED Mrs. Sarah Hill – Wife of E. N. Hill; live half mile south of scene of murder. Saw defendant once after the murder, at our house, on Wednesday, day of search. Story of this witness was substantially the same as that of Mrs. Arthur Hill, and cross examination did not change it.John Zink – Reside in Vienna township. Saw Mrs. Bennett at her home Sunday morning after the murder. Defendant said she believed Isenhart could do such a deed as that, from the way he abused stock when he worked for them. Saw no difference between the excitement of Mrs. Bennett and that of others. In answer to a juror’s question witness said he saw no scratch on Mr. Bennett’s nose or face; was close to him.Miss Laura Merrill – Live three miles from scene of murder. Saw Anna at our place a week before her death. On the return to Rusie’s she rode a mile and a half with some neighbors. (If the reader can see what light this witness threw upon the case he will be more astute than was the reporter or court.)Noon adjournment. WEDNESDAY AFTERNOON Dr. Cottle was called to show some plates containing hair found in a clot of blood on the club.A. E. Wilbur testified regarding finding some hair in hand of Anna Wiese at the second exhumation of the body.E. Wertemberg testified relative to the physical condition and development of Anna Wiese when she worked for them; said she was not in very good health; took some medicine while there.Mrs. Eugene Hill – Anna complained of not being well when she worked at our place and doctored some; she did not keep unusually late hours with Isenhart.Marshal Waters recalled – Saw scratch on Bennett’s nose and cheek on Thursday after the murder, full length of nose, as if scratched by a pin.Charlee Kinney sworn – Live in Vienna township. Was searching with Ed Beebe the night of the murder; passed Bennett’s about 3 a.m.; saw no light; came back there about 7:30; Mrs. Bennett was standing by the well; appeared to be washing.Cross – Don’t know what Mrs. Bennett was washing. Frank Knights testified relative to meeting Anna on the highway between Rusie’s and Hill’s the night of the murder; saw a person over in the field east of the road, some thirty five rods from the road. He was on horseback; it was in Bennett’s field; if it was Bennett he was after his cows.John Knights, a brother of the preceding witness, corroborated his testimony relative to meeting the girl on the highway.George Rowe – Back part of girl’s hair was hanging down; part of side hair was also down. Could depress the wire from six to eight inches.T. P. Lowe recalled to more minutely describe the location and position of body.AN ELEVENTH HOUR WITNESS – STATE RESTS After the last of the state’s then available witnesses had been examined yesterday afternoon, Mr. Carney offered in evidence extended extracts from leading authorities on expert testimony, it being admitted with the understanding that defense should have like privileges. An affidavit of what the state expects to prove by Barney Shultz, the detective, was also submitted and Mr. Carney read a statement to the jury prepared from Mr. Shultz’ testimony. A transcript of the latter was also offered, which was objected to by defense. The objection was sustained, the statement of counsel for the prosecution being considered sufficient. Counsel for the state then informed the court that their testimony was closed. At this point G. W. Conaut, of Garwin, who had been summoned by telegraph, put in an appearance and he was sworn. He testified that he fount two hair pins at the scene of the crime, about ten days after its commission, and after the grass had been burned off. Those are the pins that Mrs. Rusie claimed were unlike those worn by Anna Wiese so far as she knew. The state then rested. DEFENSE MOVES TO DISMISS There was a little diversion in the Bennett case yesterday afternoon. The state rested shortly before 4 o’clock. Judge Weaver then promptly called for the defense. Mr. Caswell notified the court that there were some law points that defendant’s counsel desired to discuss before proceeding further with the case. Accordingly the jury were ordered to retire, whereupon counsel for defense presented a motion in due form that the court take the case from the hands of the jury and discharge the defendant. The reasons were explicitly set forth in writing and were various, the principal one being that the evidence adduced by the state did not have sufficient legal weight to justify prolonging the trial further. Mr. Caswell cited supreme court opinions, quoted from the records and standard authorities on evidence in substantiation of his claim that it devolves upon the court to determine the legal sufficiency of the proof brought out by the state and that the jury should not be sent out to guess at a verdict. Counsel argued that there was nothing in all the circumstances of this crime indicating the guilt of the defendant. Nothing in the club, nothing in the knife, nothing in the character or extent of the wounds inflicted even suggested that the deed was done by a woman. There was no circumstance or evidence, he said, pointing toward the accused as the guilty party. |
Mr. Carney was bout to arise to resist the motion for dismissal, when the court by a gesture signified that it was needless. He then said that it would be both unnecessary and improper for him to indicate what his opinion or conviction was from the testimony so far introduced, and he deemed it expedient to let the case go on to its legitimate conclusion. He therefore overruled the motion. The jury were then called in and the trial proceeded. Mr. C. A. Bennett was the first witness for the defense. Am husband of defendant. Live in Vienna township. Have lived in that locality since 1875 and in that immediate neighborhood twelve years; have been married to defendant over eight years; she was a widow at that time, having one child about 14 years old. Bought the farm on which I now live about five years ago. Anna did not live at home very much the last few years, but worked out at different places; she only went home occasionally; she generally dropped in at our place as she passed and did so up to the Sunday night previous to the murder; didn’t know she ever became offended at anything. At supper time that evening I saw Anna in front of the house and told my wife Anna was passing; she went out and talked with the girl. After awhile Arthur Sherlock rode up, and some light, joking talk occurred between him and Anna. Arthur did not stop long to talk with her as I know of. He went on to the hay stack and kept talking to her as he worked. Did not see Anna go into the house; don’t think she went in; she wouldn’t have had time to go in and remain any length of time without my knowledge; saw no attempt at any clandestine talk between them; Anna left quite awhile before Arthur did. Saw Anna the previous June at her father’s; my wife was with me. Anna was friendly with both of us; think we took a meal there; saw nothing to indicate an unkind feeling between Anna and defendant; they insisted on us to come and see them again; we were there two or three hours; Anna staid all night at our house the previous night; my wife asked her to stay; think she slept down stairs with my wife. Arthur Sherlock had never waited on Anna to my knowledge; have known him to avoid going with her. Have reason to believe Arthur had been waiting upon another girl for probably two and a half years. Was sick most of the day that Anna was murdered; had been threshing the day before; had severe neuralgia or headache all day; worked some on the grain stacks; Hoopers were there in the afternoon picking black or wild cherries; they make a purplish or sort of red stain on the hands. I went out in the evening, fed my hogs, drove up the cows, did the milking and went to bed. My wife assisted some in picking the cherries. She helped me milk. Did not see Anna Wiese or any one while after the cows. My wife and I slept in the same bed that night, she upon the back side; heard Arthur when he came in; he had been to Gladbrook for the mail, and returned shortly before we were warned of the murder; asked him if he got any letters and if it looked like rain. Think he then went up stairs to bed, after going into the kitchen for a drink or something; Mrs. Bennett was in bed. Soon after I heard some one calling; after the second call I got up and went to the door; Arthur Hill was there and said Anna Wiese had been murdered within the half hour. My wife got out of bed and came to the door, which I pulled around to screen her and told her to go back and put her clothes on if she wanted to talk with the man. I remained u most of the remainder of the night, watching at the west window; had no overalls on when Hill was there. Defendant and I went out later and talked to Frank McKerral for quite awhile; I borrowed his gun, a small target rifle. I visited the scene of the murder the morning following; defendant and Mrs. Sprecker were with me in the buggy; we remained but a few minutes, then drove to Rusie’s house and staid two or three hours; the common talk in the crowd was that Isenhart committed the crime. There were some plums in the house the night of the murder and previously. Never saw any stains on first board of gate; it is a three board gate; top and bottom boards had been broken by cattle rubbing against it; the gate had not been altered in any way until after the arrest; had dehorned thirty cattle the previous spring; think the stain was from the cattle bleeding. Often got blood on my hands in taking care of hogs, calves, etc.; had a colt cut on the wire the summer before the murder; never heard it charged that there were any blood stains about the premises until after the arrest. We frequently kill chickens during the summer season. Killed chickens to cook for a veterans’ reunion the week before the murder. Defendant wore the blue waist introduced in evidence while she was doctoring her arms for poison, the previous spring; she did not wear the waist about the time of the murder. THURSDAY MORNING Direct examination of C. A. Bennett continued. The boards purporting to have been taken from the cow yard gate were lugged into court, there being about two arm loads of them, and were identified by witness. Some apparent blood stains on the boards were attributed by the witness to cattle that had been dehorned in the spring prior to the murder. Don’t know of my wife ever having a red waist, dress or head covering. Know nothing of a button being missing from the blue waist, nor of any new pearl buttons ever being bought. Cross by Mr. Carney – Witness first described the position of his cow yard at the time of the murder, illustrating the location of the gate and other points by the diagram used throughout the former trial. The subsequent changes of gates and fences, to make the yard hog tight, were also explained. Did not go up the ladder of the windmill tower the evening of the murder, Arthur started to Green Mountain for the mail, after supper, the evening of the murder. Did some of his chores first. After milking and feeding the pigs I went out and turned the windmill out of gear. When I entered the house defendant was in bed. Might have been drowsing when the first alarm was given. Recognized the voice of Arthur Hill when he called the second time. Had nothing on but my shirt when I went to the door. He told me Anna had been murdered within the last half hour. I asked him what he wanted. He said he wanted some of us to help hunt for the murderer. I then asked my wife which should go, me or Arthur. Defendant came to the door, undressed, and I told her to go back and put her clothes on if she was going to talk with this man; she had her shirt on; did not want her to expose herself to view in that condition. The first I knew that my wife was charged with the murder was at the time of her arrest; did not previously know that she was suspected. Sherlock took my wife to the doctor in October; she was complaining of not feeling well; few days later sent the boy to the doctor for her again; this time she was not well enough to go; the doctor came to see her and left some medicine; she was confined to her bed; he came again the third day after that; she was bedfast about a week; I gave her the medicine myself that the doctor left; gave it all to her myself; did the housework myself. Did not know who Anna was keeping company with. Don’t know what the subject of conversation was between my wife and Anna on Sunday evening before the murder. The night of the murder was a warm night; wife wore a plaid dress the day of the murder, (dress submitted and identified by witness). Eugene Hill dehorned thirty head of cattle for me in March, at his place; started them home as soon as through dehorning; some bled on the way home and one of them continued bleeding till the next morning. Re-direct – Did not go up on windmill tower the night of the murder; never knew my wife to go up there. Commenced cutting hay at the east side of the slough meadow. West side was cut after the search on Wednesday till I saw the men coming; sheriff told me in the hay field that afternoon that he had searched my house; said he found no opposition. The plaid dress (marked exhibit No. 5) is the same my wife wore the Saturday before the murder and the Sunday following. Question by jurors: Did defendant wash milk strainer and vessels at the well? Answer. She did. Generally took warm water down from the house. Noon adjournment.
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