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CIRCUIT COURT,HBKH1E Jl’IMSK HL'IIRKLI..Thiai.w JojiAXXWiFiKXKR. kou ykk Mi'huhi! «i’ II.' C. Aimmk.—Alter Komu con “ill tntlon between I In; Court and Mr. Amuldil'rboni'i* Coun-; nel. in rein lion to tin; manure mem of the.lriul, tho prisoner wiw onl-.r«.tl clt; i— bum;.‘it ini Court. II-- i- u 1=\;g.- jlt; .-oiii'.::ly jib'us: in ;• mu ■ id' l» :«vy ■ •. 1mI -I-- l:-:n.1sku-IT..; ill U*« r. isi.’.' ii- up •|.-ni-.-!i ;'»r. WJiili; li*1: .jury v.A' Im;Ii:^ iI:.iv.ii. In- l«lr;iyeil ;u ,vu.pl'.:ii-I iviinii i i-r lt;.: :• .1: »r vmUrr.i-onbut ..it col I :.u.t t'.l!. eb-'l. l.el.b.il hi- Cimin-.-I. u- If in- were I .1 mere liiwlfP JI. A Id ill Kurtebeuk :ilui. ano’.li-i .'■•utli-Tii.iu -,vhu-e imiHC ttvlld i.ut lc=ic:v,I ilt;:it with him. His wife und two yoil 11 g children [ were nlo in court, mill provided with seat-i with-; in I In: 1 Jii r. Tl le Cl ei'li proc end e d to(1 ra w the j u-1 re. mid only obtained seven juror# when the | punned wim exhausted—-I lie leinaiiuh-r were net i u'ide having expressed opinions in regard to the i cu.-e. A new venue was ordered, mid the Slitr-j ill’ directed to s-cnil some of the ulilcur# into tin: villages near the city, and mi in mu 11 u new pan-itel. The Court then took i*. rcco* until 'i o'-clock- mid adjourned to meet at Market I lull, in eoJMc.iuuuci-ol' die niinuiu state of the Court Hull.-'/. as announced ill the morning, !■eileil ti in the nucidilent might occur.(Jennan 'I'll'.litre in Mm adjourn mi;ut. and pri/cTim Pillowing urn the names of the jurors: S. K. Harris I.ut her limvnvn,’.Vi1.1(.'.cup. liioliurd H.iclii-i,WiitiaM kayiuomt. livid., n Mtruiiic.ltrvan; (hfitletl 1 j murder iilit.:Ic...I) C- Adlo:-e. 0 1 tin- , 'it h dM ii.ilep.-liil elMid .-. u iu-l iier lu-(;i-d in :)• bid!':.* - s.iti-tii-il that henillv. 1: It if theut:;fy you that lie committed-1 inda of his guilt, then it will he your give him the benefit of Lhat doubt.1 (lull tie mew—Thu civciiniKttttiCUH ol' the caxu j 111-e e-sentinlly mi follows : On the Kith day iof Octoln.'r last the prisoner hud some busim:' {with the Hindi formerly occupied by Mr.- i’up 1 eiidiuk, and then occupied by Mr. Adams, the deceased. lie well I to the Bank (or the p:tr-! pose ol settling it, and not living exactly sail ] li m! with the manner in which Ids up pi tenth 1 wus Ic-iited, lie made threals, drew a pistol and j placed Idini'.'ll ill front of the door. There I b.drq: other person a at the time in the room lw-■ /-ides Adams, who witnessed the whole proceed-lug, m'i; shall call one of them to describe toI you tin! truitsnctiiiu just us It occurred. It is only neciissaiy to say further that prisoner be-■ ciuno trouble.-owe, and that the deceased cameIIVo 111 la-hind tin- counter to go for an oflicer tc put him out, and that in pass in g towards the door he, cocked the pistol and shot him. 3 lu 1 was then removed to his house where he died I the next day. After Adams was shot (he pris-’ j 0lier IIred tho scound pistol ut i’upuiwiick, butshot, lie. was liiid 011 straw in the hock rooms, and bi» vest opened ; I then raw a lit He blood on his shirt, on raising the shirt I saw the tvutind ; it wun quite a small one, rlircctly ■over the hip on the left side, tt’e then hud-him removed7!® his own house, and gave him a dose of ntur phene to. quiet I he pain. Ur. llatchiinl then probed the wouinl to sisceriain which way the bail entered ; other jdiy. the.menu Lime and advised that the wound should not be further probed. I then gave another opiate and vcnuiiued with him until lie died—about il o'clock lhat night.Dr. ll.vreiiAisu KxA.uiSKn.--ls a physician and surgeon; was called in touLteml Adams al lie was shot; luuml him in a hack rouin lying On 1 lie floor, hi* legs drawn up, ami complaining of great pain in iliem and in the rectum. Witness made the post mortem examination in company willi. Doctor# Ortali, Gardner and Wolcott; upon'examining the iKidyTliey loiind a wound on the ielt side, penetrating between Hie Urst and S'.evud rib* t on making a seuuuuthe ball had penetrated the lower part of the chest, mid entered tliu luwer pun of ilm I ell lung ami pawed through the iltiipiiniui, which is the iiitiruttiur separation between tin: chest mid belly, and lodged in iUe^ second vui'lehnitu, ■ pui 11 le.- complained of iu the . .,rt ol I he body; in the cuvi . -it we foil ml a large quantity ot liuid b ..L so an: tlafk 'deod which came froii | -piecu. Ail lliuno ajipeiii'aiicvs were su!.: j to indicate lliat im died .from the 'ujuiic: ball had produced in ils pu?*u i ..atided llw ball to Ur. Gardneri (i. H. nc.uuuri- Examixuii.— U keeper of the ! ralls.reeollectii the shooting oi Adnms; was 0:1 west side ut 'il’atcr sLreei, .m.-urly ojjpusilo Adams' liani:. saw some stir, left my buggy and , ihu street, as 1 caute to U10 bn 11 it door, looked in and saw Adams lying on tliu floor, a mini come out ol tin; bank and go up pt reel' to Wat 1 in the police court; saw Mr. sen go up I on unis the pilice court, and Jbl-iio remainder of this wLtnewd testimony wasI’.uxi: Hxamixbij.—liecoliocts wlien Adams hot; was in front of the bank, standi 11 g on the fuuno or the little whitlow In-front of-the hank; hoard a sharp sou ml which appeared lo be ke the sound of powder, llntt had exploded in ic vault, about Hint time ihc tallest of the L’up-idiek';! came across.the street from KuecIand'H )wards tin; bank, witness asked him wliat wasf the aodolt;tliu ». that 1cliciliiscrii (,'kI.t, JCx.iMixiib 11 v i). A.—Knew (lie laic Ituriimn Adams in Ids lifetime; 111 ever Kiiw prisoner until the day Adams was shot, to rcuogni/i! him, it was 011 lltu Idth of Octulmr; i saw Iiini a ft or wards in .fail: iviieit I saw him llrstnation with .Mr. L'»peia1iukt in the banking house ol Mr. Adnms, they spoke in German, not sp:'-.iking that language I did not underarm) them; when I first saw him it was about hull past three o'clock lu the afternoon, i cnnie into tlm bunk to see Mr. A duals: 1 remember seeing a man reading a news paper, lean nut say whether It was prisoner lt;ir not; he stood in front of ihc counter, (Voin the circum.dunccn,.I.should tilliik it was the primmer. IVhen I tirst went to the bank I don't remember to have seen Mr. I'upendlelt; .Mr. 1’apendicle came in, in 10 or In minute* lifterwards, am 1 my ut ten lion was then lirst all meted to the prisoner, by a loud conversation which ensued between him uud i’upcndick; I was then setting behind the counter renting on my chair: C saw tho prisoner with a pistol in Iiih hand, and still talking loud to rup)ieiidick. .Mr. Adams said lie would nut have .-imli doings in the hunk, and desired me to go for mi oflicer; I was then behind tho con liter. lu front of the the window, Adams mid Tappi'iidiek were also l lie re, Adams was the ti unreal of the three to the window; I star led to go fur tliu oflieer und as ( readied the entrance to tho gate or doer way that lends Iwliiud the counter, the prisoner turned towards nic unit pointed tin: pistol at me. the impression nuidc ■n me by. IiIh action was that if [ uout further lie would shoot me, at least that was my impression; nr said nothing; (tie next tiling 1 remember whilst tho pistol was pointed at tnc, was Adams coining past mo, the prisoner in the meantime keeping his face hi the same direction and changing I lie direction of the pistol from mu lo Adams; prisoner then retreated towards the door and when lie had reached il, Adams was almost near enough to take the pistol from 1dm or to pass him, al this point of time he shot him: Adam* full al most immediately, on Ids face; prisoner then turned partially, stepped fonvnrd und tired again at Tapeudlek, who was held ml tho coutiler, but missed his aim; ( do not recollect what I weal no of prisoner: i turned to Adams to sec what 1 could do for him; I nskcin him where lie was hit, he said hv felt a* if all his bowels we re coming out. ISy that time y.'v-e ra I gent lemon from outside came i 11, a it roc ted by the shot. Adams requested me to Stand behind tho counter and lake care of the money until everything was locked up: I saw him only unco After that, when he was carried into the back room, it was the last 1 saw of him.was Adams doing when you went Into the hank first?A—I don't recollect.li—Do you recollect what he was doing when ho requested you to go for nn officerA.—So, Sir. Ho was then in the neighborhood uf his desk, and I was reading a newspn*Q.—IVhere was the prisoner the first time you saw him lo know him.A.— Standing at the counter very near to where 1’apuudielt wtw alaiiding talking to him.The witness was rigidly cross-examined, but nothing was drawn from him lo shako his direct testimony.The Court adjourned to half past 8 yesterday morning, having first cautioned the jury against conversing with any one on the subject of thexKPOSnThe Court-roon prisoner's friendr.l)r. McNmnr JJxajhsep.—Is practising physician and knew Herman C. Adams in his life liuie: recollects the liineofhis being shot; was about going into ills office on Hast Water street when Mr. (f. I’aperidiek coming towards witness, and told him he wished hi in lo coine to tile liani; immediately, 113 .Adnms was shot. Witness went to the Dank; when witness reached there he found Adams lying ciDue to the front donr in the Dank on hi right aide, supporting his head with his right hand. Witness asked him where lie was shot. He said be did not know, lie complained of great pain in his left leg ; witness had him carried to the baak room, nad told the persons present to bo careful of hW leg, thinking that it might he there heyour hiiward a sound of the saute kin I he heat'd before, about the time of the second sound, l’uppcmliefc walkwl up, Stood on his tiptoes, looked in nnd said ids brother wu.i shut; just at that time prisoner camo out of Hie front'door of the bank: hu had a double barreled pistol in his lm:nl; il looked like the one iiusv produced; lie walked out front the bank duor about 8 nr f 1'uct inlo the street and went up to the police otlice. ness and C. lAipondicI; went into tliu bunk uud found Adams lying on his right side uri floor, his head towards the north and clothe wall; there wore two doors, an outer inner, lending to the bank, one was covered with IiaIkc; ho was drawing his Imtul down, bruuthod hard. Witness canto out from tho bank, and tho witness, Wasson nnd Scnrrct were coming across the street; they went up the stairs leading to the police office, und witness went up directly after them; they went into the police office, witness went in niter them, saw prisoner sitting on the Left of the.Police Justice with his arms folded; witness'said to rjcarret und Wasson, as he Went in, pointing to the prisoner, dm is the man. Prisoner said, “yes 1 do lt,T/ and then pointing to a double barreled pistol lying on tlni tuble, said “that-'s my pistol. Sear ret and Wasson then took him by the collar and raid he must go willi them. He said I go with you. The witness further stated that when lie saw the prisoner coining out of the bank, he recognized him as the man he saw some limo before walking in front ol the bunk, lie passed up as far ns I ten ton’a shoe store and then passed down as- far as Warner's; witness’ attention was first drawn towards film by the fact of a boy who hud n two wheeled machine on Hie sidewalk, having rail against him.' 1)r. Gauiwkk Hx.\jijsi:i.—Is a practicing physician; recollects the death of Adams, usiis-ted at the postmortem examination. The remainder of tho witness' testimony was. similar to' that of .Dr.) tateliard. -it is therefore unnecessary to report it., lie produced the ball In-’ ken from the body of Adams uud Identified it.Dims. D. Uoukkh, a boy about 13 years of age, examined.—The Judge having llrst questioned him as to the nature of an oath , and then explained to him the consequence of taking a falesc oath, tho witness testified as follows \— Recollects when Adams was shot; it was in Hast Water street, at the Dank: witness was in tin: Bank at the time, and behind the counter: Adams and G'olt were there also ; believes Pap-einiluk was out: saw the prisoner in the Bunk that morning, near the counter ; he was talking to Pnpoiuliek ; thinks they both went out; did not sue him again LIU the afternoon : saw him again in the Bunk ; ho was setting at the stove rending a paper when Mr. Adnms showed him :v check ; witness then went lo the post-office ; when he cauie back found him silting at the stove, reading the paper ; Mr. Geo. Papon dick came in ; they talked and had hard words, and the pritoner pulled out a pistol, uml Mr. Adams told witness to go after an officer; Mr. Adnms then came out uud wont towards tho inn n ; wit-■nei went and fat on a stool, and the man Fein-er shot Adams, the latter fell, mid Fcincr came round and shot at Papcndick, who was behind the counter ; Pnpcjidiulc dodged It; the ball shot nt l’apetidick lilt the glass cn.se and lodged in tho wall; i’upeiidiek ran around to Adams nnd then went for a doctor ; the prisoner opened Hie door and wont into (lie street.Cross- Ksn wined.—Does not roc ol loot of the prisoner being in the Bnnk at U o'clock ; thinks the first time he saw him was in the forenoon ; was about half pnst 10 o'clock; Mr. Pnpendlek gave me a chuck to take to my father lhat he might sign Ids name to it; can not tell whether it was witness or father which brought it: hither came over with witness; It was left in the Bank by either myself or my father: it was about Unlf post one o'clock; the check was drawn on Mr. Adams, for $'25.; It was drawn in favor of the prisoner; when Adams and Papcndick showed him the check, he spoke In German and Appeared dissatisfied.The Court took a recess..UTKUNOOX SKS3IO.V.After the examination of young Rogers the evidence for tho prosecution closed.Mr. Arnold for the prisoner opened the defence. lie seemed to rest the defence principally on the fact thnt the failure of the Bank and tite consequent loss of Ids money had soallected the prisoner’s mind, be was in a state of temporary derailgemcnt al the time lie shot Adams.— At all events he thought he could not. under the circumstances, be found guilty of murder in the lirst degree.Two or three witnesses were examined in relation to the failure of the Bank, and the effect it produced on the prisoner's mind.Mr. Rugec and several others gave him an excellent character.The testimony on both sid03 closed, and the1 District Attorney commenced summing up, after which the Court adjourned.
Newspaper Details
Milwaukee Daily American
Milwaukee, Wisconsin, US
Wed, Mar 12, 1856
Page 2
Full Page
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USA 22 Sep 2024
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