The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1871-06-29
PROVED INNOCENT.
AN INNOCENT MAN CONVICTED OF HORSE
STEALING, AND TARDoNED BY
THE GOvERNOR-WIsCON- es
SIN VS.. MINNESOTA.
From the State Journal, 18th.

March in Waukesha county, of horse
stealing and sentenced to. State prison
for five years. The grounds on which
pardon is granted is that he was limo
cent of the crime for which he is under
going sentence. His. case has created no
little excitement both in this State and
Minnesota, and is Of SO remarkable a
character that we give briefly state
ment ofthe facts in relation to it.
In January, 1869, Moses and Silas Gle
ments had horse, buggy and harness
stolen from their barn, near Oconomo.
woo, in Waukesha county, They made
dilligent search and tracked the horse
westward as far as Lake Mills. There
they lost the trail, but circumstances,
which they did not disclose at the trial,
led them to think the stolen property
was taken to Minnesota. They subse.
quently received such information from
Faribault county, Minnesota, as induced
Moses Clements to go there the following
November Ia search. While at Winnie
bago City, in that county, he happened
into blacksmith shop, where Floyd
Smith was having pair of horses shod.
One OF the horses so nearly resembled the
one that Clements was in search of, that
he claimed it and swore out warrant
against Smith for stealing it. Smith as
serted that the horse In question was one
that he had owned for six years, and
offered to go with Clements to neigh
boring town and prove to him by the
man of whomhe had purchased the horse,
that such was the fact. Clements en-
countered SO many delays, distractions
and changes OF venue in this prosecution,
that he abandoned it, paying the costs,
returning home, and on proper com
plant and certificates charging Smith
with stealing the horses, applied for a
requisit1on on the Governor Of Minnesota
for the arrest and rendition of Smith as
a fugitive from Justice, To be more
fully assured of the identity of the
horse, Silas Clements and son of Moses
accompanied the State Agent Of Mime
sofa. They also were positive in their
Identification of the horse, and Smith
wa arrested and brought to Waukesha
county. The agent to arrest him also
attempted to bring the horse along with
them, but this was resisted, and the
horse was replevined out of his hands.
Smith, being poor man and among
strangers, was unable to give bail. Sen.
ator WOodman, who had formerly known
Smith in Jefferson county, in this State
where Smith formerly resided, offered to
go his bail" but Judge Small would not
accept him, as his residence and property
were in another county
On the trial, the three Clements swore
positively to the identity of the horse.
Against them, Smith himself, his broth
er In law and another witness be had in
duced to come in from Minnesota, swore
positively that the horse which the Gle.
ments claimed had been owned by Smith
for i've years previous to the time of the
| theft. There was also some evidence
offered that man resembling Smith had
been seer. In the neighborhood where the
! theft was committed, but it did not iden-
tify him fully. Smith had several other
witnesses from Minnesota, who testified
to his owning horse of that description,
but they could not identify the horse Of
which they had knowledge as the one
which the Clements had claimed. Hence
the case went to the Jury on the testimo-
ny OF the three Clements coroborated bv
the State Agent, on the part of the State
and the testimony of Smith, his brother.
in-law and another, all strangers. and
suspected as confederates. Althouoh
the testimony left ground for a reasona.
Bile doubt of the prisoners guilt. the
District Attorney and jury believed the
prisoner guilty. It is not STRANGE that
they gave more credence to witness whom
they knew than to those of whom thew
knew nothing
| Considerable excitement was craatad
in Minnesota, and the action of the Judoe
and authorities in Wisconsin was severe
ly and Unexpectedly ccnsured in the
Minnesota papers. Blu. the representa-
tions of Smiths innocence were so strono
that Gov. Fairchild set about an inyesti'
cation of the case. A large quantity of
evidence was taken in Minnesota and
forwarded to Gov. Austin, which seems
to place it beyond doubt that the Gle.
ments were mistaken in the identitv of
the horse. Some fifteen witnesses, whose
credibillty is vouched for by the county
oH~ers OF Faribault county and by Gov.
Austin, identify the horse which the
Clements claimed as one which Smith
had purchased in 1866 and owned ever
since, and used in teaming and FARMING.
while residing in several places Had
the case been presented to the Judge and
District attorney at Waukesha, as it now
appears from the proofs before the Gov.
ernor, it never would have been prose
cuted, and on the same presentment, the
jury would not have hesitated a moment
in acquitting the prisoner.
Senator Woodman being fully assured
of Smiths innocence, has devoted hin,
self assiduously to collecting the evidence
by which his innocence might be estab.
lished. Mr.. Smith was poor, having ex
pended all his property In his unsuccess
full defense. The Senator has ont of h;s