The Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1873-1875, 1875-07-28

THE, 1G0NTANA 1EURDERERs.:
The Cireunstanees Connected Nth
s.fhe Escape Or ShaAer Sentence Of
eWhea4ly and Stears. III 81
Below will be found the sentence Of
Judge Wade in disposing of Wheatly
and Htears, the associates of Shaffer in
the murder of Franz Warl, near Helena
some months ago. Both of these men
are well known at Bismarck, Stears hav-
ing at one time worked in one of our
barber shops, while w heatly was known
as banjo, picker in conneotion with
our dance houses. Shaffer, who was al
so connected with the murder, escaped
and came to Bismarck where he was rec.
ognlzed by several Montanians who re,
garded him AS an innocent sort OF. =
fellow, some of them gvouchibg for his
good character. After he had been here
q few days man named Pierce came
here with q warrant for his arrest.
Whereupon he was arrested and thrown
into Jail, and by the, advice of parties
here Piercewas about taking him aboard
the boat to return him to Montana with
out awaiting the proper papers; but IN
this he was frustrated through the &C.
ton Of the jailor, (who has since jump
ed the country who caused his arrest
for kidnapping. In this the jailor was
sustained by some of Shafer's Montana
acquaintances and others, but Pierce
was discharged, and Shaffer was
again arrested and the hearing of his
case was set for "A. N. the next morn
ing. At "A. M. Pierce took the train for
the east, and took the warrant with him,
leaving no one to appear against Shalt
er. The hearing came on about ten
O'clock, and as no one appeared against
him of course Shaffer was discharged,
but that afternoon kilograms came for
his arrest from theproper authorities at
Helena, ard then every effort by our Of
ficers was put forth to re.arrest him.
The country was secured for miles,
Deputy was sent down the river to
Yank ton, another to Fargo, and every.
thing done to repair the loss, but 1t was
too late; Shaffer had escaped, but has
since been arrested at Fort Garry where
he is held for q requisition. TT
This much is due our city in explana-
ton, for our people have been misrep1e-
sented and misunderstood in connection
with this case. The fault was in Pierce,
who was simply the agent of Deputy.
He came here without credentials, and
manifested SO little interest in the case,
narticularly after being headed off in
his kidnapping efforts, as to create
doubt IN the minds of many in relation
to the propriety of holding Shatter, and
it was not until kilograms came from
Helena directing that he be held at all
hazards that our authorities took hold
of this matter in good earnest, but it
was then too late. Had Pierce been true
to his trust, Shaffer's friends, or pals,
could not have secured his release.
William Wheatly, you may stand up:
At this term Of the court the Grand
jury found aud presented an indict-
ment against you charging you with the
crime Of murder, in killing Franz Warl:
Upon this charge you were arraigned
and tried before an impartial jury, de-
,feaded by able counsel, who left moth
ing uasaM or undone in your behalf,
and ! verdict of murder in the first de-
gree, as charged, was returned into
court. .-~,-ss.....--.r,,-..,.,r.-,-.
You are now here for Judgment and
sentence. Have you nything to say
Why the same should not be pronounc-
ed !? ....5..@e>s 20, - ).
] Wheatley. have this 70 say, That
II am innocent Of the murder of Franz
r:Warl, except as stated in my testimony
I The verdict is the natural legitimate
result 81 the evidence in the case. From
the testimony the conclusion is irresist-
.ible. that You helped to murder Franz
sWarl. % charged 10 the indictment and
as found BY the jury, and with that yer.
dict I an satisfied. There is nothing in
the case upon which to rest even : sus-
-p,cion Of your innocence. Your own
testimony excludes every conclusion
but that Of guilt, while the other proof
in the case is equally conclusive. Con-
4victed by your own, testimony and over
whelmingly convicted BY the evidence
for the prosecution, the jury, regarding
their oaths, the law aud the proof, ren-
dered the only verdict possible in the
case. zg3Is4 .g-tfssss.i t,l $50
] The request of the jury, that your
sentence Be cOmmuted to imprisonment
for life, il consideration that your con-
fession revealed the perpetrators Of the
Z . 4 Ia knl