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THE WEEKLY HAW!T» TOE CELL-John Walllw 5«nt«^ *°* Wft **Jndgo 6wl*Bi«n—Remarks ,•* ,n*ConHnTbm W «*• Or***inn/ of Coati«l*-ln I»'erY*e*vWiUln-Olb?/ Coin 35»lt*a-*.The morion made lor new trial in the Wallin case was overruled Tuesday warn-* I jig I y Judge Stutsman, who announced the causes contained iu the motion were notsufficientto justify him ingrafting* iMirf trial ill this C*se. A largo etwA of spectator* anticipating that the conrt would pass sentence upon TV allin was present 'aud at 11 o'clock whca the prisoner was bronglit into the court fcrooco all eyes were turned towards him. Wallin [maintained the same stolid indifference. No iuwaid emotion was betrayed by his countenance;he exhibitedno outward signs of fear or dread aad his manner would ir.dltaie that he hardly ruuli*«n! h is 3 ©pead mg fate. He might:'easily lici e been taken by a stranger for a mere spectator.The motion to arrest judgment made by J. Y7. C. Jones was overruled, when Judge Stutsman called the prisoner to the bar. In answer to the question of iho court,* ’Yon undci stund some E Rgl ish, I believe?* Wallin replied with net hesitation in the affirmative. The court inquired if be had anything to say why judgment should r.ot bo passed upon him. M/. Jones arose had ! made a stirr iug appeal for cl omn cy. J udgc (Suu3tcan then pro esc dc u withms scxTiAcr, wliteh was !'■ Fallows.The grand jury of this county, al the Octcbvv teim of court, presented you to the court by iuJictmdU for murder in tbc firfct degree of one Emily Iforsell.^ Yom plc.l to this rnvc charge ]■, not miiity: Mid vou have h.-.d two trials, and j ou Ji»e been ubl- and well defended by counsel (if aim-itv,' Tnev have put forth cYcrv ho no ruble edovtpOioible to pi event Lhl fe.uful c;d-aioity from coming upon you, but late and justice hate decreed otherwise. Upon vour second lYIitl you were found guilty of murder in the second degree by an impartial jnvv ofvoar adopted count:y, and baring a vcrrule’d n root ion for « new trial presented Oy your counsel, it now becomes ray official duty ta pronounce judgement upon the verdict of guilty, and before doing to 1 shall gho you the privilege of presenting nnv legal cause why :ho nidge mo nt ot lhc couvt should not be p-osiouuted against you at this time.Yon have been, in in” judjemcnt. justly and i’.ghl fully convicted of one of the grav-e-,i cn incs known to tho ci iui.nal law- of the ilutv, the crime of taking cltc life of a Itmnun being: iinrl oi:e ioo thut you Lave previously _ bcciayciland ruined. The ciimc of which voujiave been convicted is that of taking the life of KruiSy Feu sell, and you did this without a i moment's warning to her. Your net :n thresriug the fatal dagger imo Lev heart was (he act of an assassin in the daikuess of ihe night, when there was no eye to witness ilic fatal deed. In the language of tSic law you have taken the life of a human being with malice aud aforethought, and for n you must sirJfox the jint punishment which the law ?o justly m-Us upon von. You gained the confidence and affection of the giil you murdered in a foreign land, and leaving vour aged mother cud lawful wife and family, lied to this country, and sought sceluriou among stranger*, and in a strange land. The vOv.‘5 and promises yon made to the wife you swore to lore nod cherish. ylt;iu violated ami rransicrred to another, and then induced lier'io rd.icc conlidenco in and tic«t your r.nbaly ulHnuco, and to seal these voiv’i ur.ii promise1*. fium your uiru confession, gave he: a ring which formed a link in a chain of qi re u instances which 8urroun,ds the fatal tragedy, aud fixes your ga.lt bejoud a reowmahJb doubt. The evidence which establishyour guilt is- entirely circmu'lantinl. but it afioids proof of your guilt u hich is convincing and sai-isfactoi j. When a chain of circumstances, mken together Jrotn a complete »od perfect chain of evidence which points cuer-riugly to the guilt a I the accusrd. it affords• the morfc “.'itlifactory proof. Absolute,I metaphysieul and dcmoiistruUYe certainty is not osseniial to prni( of gmlt by circura-stfiHces, hut it is sullieient. if the eircuni-?fancc*s esMblishcd bj dirclt; t proof produce in the iiitiuI it moral ccrtaiuryof guift lo Uic exclusion of every reasonable doubt, and each co*c must ^depend upon its owu peculiar eivcilmsUmccs, rani whether the ofc cum si. ill ccs amouiil to fijllprool can be dctertuined onlv by the jury pacing upon the questions of facts involved il; thedetcr-iuii\Rtiorof (lie guilt Or imiOCCUCo of tlicaccuseil. When the individual conseieiicc and judgment is salisfied, the pi oof is suUo cicnt to iix guilt, and the jury in j oar case has foipid 011 guilty ofmuider in the second degree, and the court concurs in tie aciion of Uic jury as being ju^tand right The iadklinoiti charged yo^with murder in the Ibrt degree, and u'qjcr it tho jurj-coulu. have found \’ou gUifiy of thig degree aud ordered you: excca'jou. or imprison-mert far litp at Laid labor in the slatepymon. but it hns take 11 n n\rj?c human c vtsif. M'l iuslGid of onlcr5og jour execu-ricui, it im- found you g'nlty of murder in 1 ho ^ccond ilegrce, which leaves lie punishment to be inflicted discretionary with the court, from ten years imprisontnent at Lard labor to imprisonment ibv life.The crime which you have com in i tied is ;t gr.we one. and the eircunitaDcC3 undr'r wh-th it v.-.is coumiitlcd cell for no ordiu-ai 7 pTjnjclimenL, Yrou, and pevsoas of like ineliiir.tioos, must Tic made to feel the Strong arm of rhr? law In tho protpotion of human life: ynu rausi he mace to fool that ja^t retribution is vrift a»d certain. A ntr.'i who wouhS take the life of a defenseless 'girl :i3 tie Ufa of U:oiiy For*ell wus taken, has, a right to a lair an impartial trijl by a jury of his CO till liy, when iLi.' 11 given him, anil he is convicted, he has but oae right loft, and that is to submit to the demanifa of storn justice and pay the penalty, by hanging or serving the ifato during bis natural life, \i you are guiky of the charge, os X ;\m satiJicd you aro, you should be resuaincfi of vour personal liberty. Your depraved' nature makes it unsafe for you to be at large Id civiff/.ed oommuoitics.and there is oDthing left for me to do hut consign you to the walls of the stnh; orison, and in doing so I regr'-t the necessity lor it. hut the blood of Vhtf m Q rd 0red girl d ei u;i nds 11. The ea fc ty ol the commuuiiy demantHit. uod the duty must be performed. I shall give you timo to make partial reparation for this great wrong-—you can never fully satisfy the justice ot Ibis demand-—but. you will I!ml time to reflect and report of the great crime you have so foully committed.-'flic judgment of the court in tlmt you lieconfined at hard lbor in tho stato peni | tentTsry ai pQrt Madison for and during youv mvtural life.When Judge Stutsman hud concluded,court was adjourned, the prisoner ytus handcuffed, and, in company with, Connors and Madden, wuslakun to tho Union depot m charge of Sheriff Krioehbaum, and placed oh bo aid the-Keokuk freight and BCcommodation train, en route to 'Fort Madisoa, where Wallin will spend tho re-Znoin d«r of hi** natural life unless he should! he pardoned by the governor.WHAT VAUIS SAYS.Wallin was seen at the Union depot prc* vioas to the depnrtare of tho train by a reporter.K—Hcyo you any statement to make to the public?W.*—You may aoy to my Swede friends in DurHogton tl«rt I .lioj^e to «*e them again soae clay a -Tree mao. 1 Ik—On what ground .do you base this hope ?Wallin hesitated a ^few moments and then Eoid; “I may ge*. a new trial aod ho acquitted.’’ He evidently thinlcs that as long as there is lift there' ia hope.It.—Siuco you Lave heda convicted aud sentenced for life lo tho jjcmtc-ntiory, why do you not make a confessiqo, il you murdered Emily Forecll? ^ /W.—I am just as innocent as the angels aborc. I sweat that I did ao’-kill the Siri.R.—Have you anj hai-d fccKc'^s towards Judge Stutsman?W.—Yo, I have nome; LuVlI ibiok my sc river ce nns severe, .mt['You will now buva Mi opportunity oflearning .V Irode, eu^gcstcd the tCprOrtc-r.TV.—X have several tirales 'already. I have been.1 blacksmith and ‘am, Eoracw’uot or a watchioaker. I worlccd at many different kinds of employment in fs^odeu.li,—You have no relatives in 'this conn try? * 1 'YV.—Ko relatives and few friends, li,—You vrcre deeply in love and enamored with Emily Forsell, were you not?TV,—0, yc3, I liked her pretty well.R.—Your future is indeed gloomy. _ You muat fed bti?TV.—0, T don’t cave. If tho judge says I must stay in the penitentiary all my tifo X will have to do it. I ara innocent tbough, and come day tho world may sec that I was wrongly eon vie ted.At ihii junctnri; the Lain pulled lip fo the depot nr.d TValLui and the other two prisoners were placed in the car. Wailiu warmly shook the extended hand of the j repcTicr. tee bcli rung and tho train wes 1 soon spoou;n£ oat Horn the city.waj.i.ix ix Tin: rex 1 n:\Tl.iiiv.Sheriff lvriechhaiun returned last evening alter seeing the prisoner confided to his keeping safely ensconced wilbin tho walls of the penitentiary at Fort Msdj'sorr. He stated, to a reporter that Wall in was happy us could lie on the veoy down, and at intervals sang. “Good-by My Lover,G 0 ocl-bye. He coul d not p o«i bly bnvo • referred to the lamented Emily For*,ell, for she is not in the land afthcliviug. Wall in asked for some whisky, and Sheriff ‘ Kricdibsuim supplied him with a soiall flask. It was the last drop of whisky ! WalJin wJJl driuk cvea if aaio»dmene i has been declared illegally adopted and : null and void. Tlic prisoner w.11 also . particularly anxioos to hove :V.o peni- ; tcntiary pointed oat to him us 1 -,oon as the train approached it. This ■ boo no ;vas granted him of course. VVal- ! b’n w,is nppurcnlty in oxcelluufc spiiits as 1 he passed within the sombre walL of the : pi iso ei and when 1 cqucsted todricstbiraself i i of his clothing he betmyoi 00 emcUon. When SberifTKiiechbaum and his dcpnty • wae getting rend? to leave, qh expression • of sadness and disappointment came over • the countenance of the condcratied iua». • It was uodoubtcdly the firofc time that he , realized his condition and his imponding • fate. Good-byos were exchanged and « Wallin was left alone in a Felon's cell, ! where ho will spcud the remain dev of Ins : days.WALL] x’* CttlMll. ,The crime for which John XValUn will ; spcud lie iouaiudcr of his days 10 the : ptnilcniiary was the wm-dvrof Emily For-scll, a heuutitul Swede giil, presumably near the corner of Ninth and Maple : rtrcefs, on Socth. Hill, on the night of June 14. 1882. At about 11;C0 o' cl 02kscicams -were heavJ by 2d»5. Siuiyn Ileue, ,for whom Emily had been working, and ! rushing to a window, saw her stagger into the yard of an adjoining residence and fall near the steps.. Her moans and cries attracted the frttenfion of otJwrs. The girl wasth^u removed to the home of Mrs. Hene and Dr. Little was summoned. A dagger had been plunged into the heart of the you eg girl, nnd after linger! og for a brief period she expired. Suspicion fallj upon John Wnllirj, and lie wa3 arrested on them on ling of Jnne lo. The subsequent proceediagsia this case u« too well known to the public to require el acida Lion lie re, as bare mention is sufficient.omen co cut srA-rreo*. •1TI10 coao of Essolmnti vs. the B., C. R. k Y. railway company, for 57,000 dam ages, was concluded tc thn dig-.rfat emrt, . yesterday morning,* and in the afternoon ‘ the jury returned tho folio\ring verdict:We, tlic jury, find for t.he defoudant.GKOitni: Or.u, Fovemau. John Connora, who »'ft« convicted of • larecuy, was sentenced to four years itftbo pcuitcntinvy at Fort Madison nt hard labor.John Connors OA5C1 fa tliat his sentence was entirely too 6cvere, and tliatattha ex pi ration of his farm of imprisonment ho will seek vengeance on Judge Stntswan.Willie Madden, a printer by occupation, was Mntenocd to the penitentiary for two
Newspaper Details
Burlington Weekly Hawk Eye
Burlington, Iowa, US
Thu, Jan 25, 1883
Page 4
Full Page
Clipped by
Little D.
MO, USA 10 Jul 2019
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