New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-13
THE DE BAR MURDER.


below such statement frsm the best authority viii
set at rest and leave the people to reflect with
the absolute facts before them.
On Sunday noon messenger reached Jul g Lars
bee ct HORIZON who brought word that he people,
who were greatly excited had agreed 10 await a trial
Of the murderer De Bar il il might be had speedily
The Judge after elaboration concluded that, as it
seemed certain that De Bar would be killed without
trial If none wac had speedily, il bis duty to 90 to
West Bend ard provide for trial. and 10 take such
measures as crculns auces should afford to preserve
the life OF the prisoner. He found the people quiet,
but that there was an evident determination that the
murderer should not i've he arrived at West Bend
on Monday at 10 4. NJ, and. minghng among the
people, urged them 10 preserve order and let tho law
take lie course, but found no feeling anU enns to bis
appeals.
extra Jury term for the next morning. The only other
alternative was TO call special term on ten days To-
tee. and il was evident that the people would not
wait II was hoped that by fixing the time for the
next morning. means might be found 10 get the pris-
oper safely away by night but it was soon learned
that every movement OF the authorities was Closely
watched 6y spies. Messengers were then sent TO Nil
waukee and OZaukee for military force and Dragons
were asked for from here with the intention OF having
De Bar plead guilty, be sentenced, guarded 10 the
door, put upon a horse and taken away rapd!y 20
the prison at Waupun But the dragons did not go,
and that plan failed.
The Ozaukee Company had such orders given it
that by travelling in citizens dress, with arms con-
ceaed they ent forward in wagons and arrived near
est Bend, having opportunity to stop near that
place ard put on their uniform, aud dash to the jail
before any alarm could be given. The crowd kept
quie. during the night, and up TO III A. Nj. OF Tues
dsy, when the Ozaukee Company had surrounded the
jail. In a short time some two hundred people bad
gathered ana were moving toward the jan, when
Judge Iarabee directed the prisoner 10 be conveyed
10 tie Cour-House, which was done, he being accom-
panied by the officers and incosed in square formed
by the troops.
part of the troops guarded the outside doors and
only bv presenting bayonets kept back the crowd As
the excitement increased the Judge went out and ap
peaed 10 the people, and aided by Mr. We'll and other
Germans succeeded IN quoting them for The moment.
W bile so engaged, Sheriff COnover OF this county,
arrived and brought word that part OF the Artillery
COMPANY of this city was close az hand. Feeling then
more secure, although as is now known, two Ger
mans who are known had arrived half an hour before
and told the crowd of the coming OF this Company
Judge LarTabee left this Company and part OF the
other to guard the outer door, directing Capt. SD
yerman of the 0zaukee Company 10 admit only SUIT
fcient 10 fill the seats aud went IN and opened Court
the prisoner being guarded by line OF soldiers around
the bGr. Immediately Capt. SHERMAN allowed the
whole crowd to rush n and 1.-The room almost to suf
location.
Order was restored after time, and the following
persons were sworn az Grand Jurors:
LIST OF THE GRAND JURoRs.-Slas Wheeler, Dan
el Freer William Reynolds, John Ill. Toand, Charles
Wendell, Nicholas Simon, Christopher Extine, g. IL:
Kiefier Jonathan Potter, Jr., Peter Nuss, Michael
Eagerly, Isaac Brown, Stephen Wescott, William
KnOwlton, John Beisse, Sebastian King and Geo Wild
+. o. Tborp, Districi-Attomey appeared for the
State, and Frisbie and Mann counsel for the pris
oner.
Judge Larabee charged the Grand jury in substance
as ol ows Doubtless the charge varies from ordinary
charges but did the circumstances vary and it wss
remarked that if tenth part of the people present who
heard the charge and other remarks OF the judge I'M
dersood the English language. the effect might have
been to save the life of the prisoner.
~ IN If-p Npm hq VI
summoned TO attend this term of Court upon an ex-
traordnary occasion II needs but TO cast your eye
upon this excited crowd to convince you that some
thing out of the ordinary course OF events IN this
hi herO quiet place has happened. Within few days
past a murder has been committed accompanied with
more than usual circumstances of atrocity. You see
before you a who has been arrested and charged
with the murder. You probably all OF you tamll-
lar with most OF the facts in the While you can
not prevent just feeling of Indignation that such
deed should have been committed, trust you VIII
each of you keep in mind the oath that you have
taken--recolect that you have sworn to present NJ
man for envy, hatred malice, but you will present
things truly they come 10 your knowledge according
TO the best of your understanding.
We, who live in this proud State of ours-in this
county which has hitherto been known as law-abi-
ding community, certainly cannot be forgetiul OF the
shield which is thrown around every citizen of our
State, be he high or low-be the circumstances OF
guilt ever plain.
This man has the right to a fair and unprejudced
examination at your hands. The clouds OF prejudice
are settling in thick around hin. He has not friend
in all this concourse of men-but he has right 10 de-
msnd that protection which the law affords him and
every other Surely there is no one here who de-
sires to deprive him of this right Surely there are
uope so unwise as 10 take vengeance in their own
herdsv The evil following from such act is ten fold
greater than If he Il guilty and should utterly
go unpublished. II is an old and wse maxim of the
law that il is better that ninety and nine guilty men
escape justice than that innocent man should SUI
=, 81 .t.a hat HnfUa ~
escape than that man, though guilty, should
suffer at the hands of excited mob The force OF
example is very great Let but tins man, though
guilty lose his life at the hands OF his fellows VINO now
menace him. and the next one who suffers may be
innocent Why, know a case that happened in
nv own Circuit. man charged with murder was
hung before trial by mob of men, and II turned out
aiterward in trial where the same facts came IN issue,
that he took life in self defence. How much would
those misguided men give 70 bring that innocent man
back to life. But gentlemen, you not to try this
man. Your examination is merely preliminary one.
You will hear the estimony OF witnesses, and II you
sre satisfied there is probable ground for believing
him guilty, you will present bill OF indictment. IL
requires twelve of our num0er TO agree in order to
find tits. The Dist lei Attorney VIII draw up bull OF
Indictment for you, which your foreman viii endorse
true bill and sign. You viii then present It II Court.
The defendant then has the right TO be heard by him
self and counsel. He has the right 10 fair and i'm
partial trial by jury of bis peer. This intend be
81 all have. You, gentlemen, by your fair and candid
examinaton-by your deDortmenr and your counsel,
can do much to insure the fair and certain admnstra-
ton OF the laws.
The Grand Jury went to their at about , PM.
At about - o'clock the crowd became excited at the
delay, became dsorderly and rushed toward the pris-
oIer but were kept back more by the officers than by
the military guard. couple Of Americans believ-
ing that the military disposed 70 give in if not
frstsuize with the mob, seized two OF the muskets
and planted themselves before the prisoner. This
made further excitement and by direction Of the Judge
the arms were returned. 1t was now az reed among
tie officers and counsel that the prisoner should plead
not gully, and be remaDded for trial next day, he
military pIedging themselves 70 proted him till then.