Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1875-03-03
The Borchardt Murder
Remarks and Sentence by Judge H.
s. COnger.
From the Jefferson Banner.

to Imprisonment for life, for having killed
John Borchardt, the husband of Ca roine
Borchardt, and the stepfathsr of Wilhelmina
Kruger. The defendants were deeply
affected although they maintained their in
noe ence to the last. Caroline Borchardt
is a feeble old lady; while the defendant
Wilhelmina is in the very flower of her
years, picture Of youth and health. Much
sympathy is manifested for them on all
hands, it being the common opinion that
their punishment was too severe for their
crime. Under the law, however, and I'M
der the defence which they set up, they
could be convicted of nothing short of muir
der IN the first degree. They alleged no
mitigating facts, which undoubtedly exist
cd, to reduce the offence to any o f the de-
grees of manslaughter. On the contrary,
they directly conceded that a murder had
taken place, and alleged that it had been
committed by some other person. The
testimony was overwhelmingly against that
theory and having failed in their rash at
tempt to escape wholly UNPUBLISHED, they
Ii
offence. 1t is generally believed that they
killed John Borchnrdt on that night after
a violent alteration, one of the witnesses
for the State swearing positively that be
heard them quarreling angrily shortly be-
fore he was killed. This is considered to
be so, particularly by those who knew the
worthless character of the deceased, and
his drunken and abusive habits towards his
family. But the defendants mstook their
true line of defence, and thus drew on them
selves a Judgment obviously disproportlon-
ate to their offence. We subjoin the appro-
pirate and i'm presaive remarks of His Honor,
II. S. Conger, on passing sentence upon
them.
"You, Caroline Borchardt and Wilhelmi-
ma Kruger, your daughter, are here for the
purpose OF receiving sentence, upon your
conviction by the jury, on the charge Tor
which you were respectively tried, to-wlt !:
for having on the 30th day Of November
last committed the crime Of murder, by
killing John Borchardt. The statute of
this State under which you have been tried
and found guilty, provides, as follows: The
killing of a human being, without the
authority of the law, by poison, shooting,
other manner is either murder, man
slaughter, or acusa lie or just6able homi-
eide, according to the facts and circum.
stances OF ,ach case. Such killing, when
perpetrated from premeditaled design to
effect the death Of the person killed, shall
be murder in the first degree and
the person who shall be convicted of the
same shall be punished by imprisonment
in the State Prison during the life of the
person so convicted.
The Information under which you have
oeen tried, was framed under this provision
of the statute. You have had trial upon
that charge, aad the jury have found you
guilty Of the offence charged against you
Have you, either of you, anything which
you desire to say to the Court why SEN
tence should not now be pronounced against
you?
The counsel for the defendants there
upon announced to His Honor, that their
clients bad nothing further to say Caro-
line Borchardt raised her hand to heaven,
and avowed that, as God was her Judge,
she was innocent of having murdered her
husband. Her daughter also solemnly pro-
tested her innocence, that she had never
killed John Borchar t and that her hands
"A lght be accursed if she had ever rais ed
them against her parents.
After these statements the Court further
addressed the defendants as follows: sit
must be said in respect to the trial Of this
case that it was conducted with very great
ability upon the part Of the defence before
a jury. who are universally and justly con-
coded to have been eminently fair, intelli-
gent and upright. think | may say that
| have never witnessed trial for any Of
fence where there seemed to be disposition
upon the part of all the jury, to give the
subject that careful and deliberate atten
ton and examination, as was manifested
throughout this whole trial. | say this,
net because there is any intimation in any
quarter that this trial has not been con-
Quoted fairly. On the contrary, it is con-
coded upon the part of the defence. that it
has been conducted fairly, deliberately and
in such way as the great Importance OF the
subject demandad- There is no complaint
on any baud, as there could not oe, that
the case has not been fully and fairly in
vestigated, and al the facts disclosed by
the evidence as to which anybody could
testify, if they would. If there has been
anything kept back on the part OF any of
these witnesses, why, it is TO be lamented.
| have no doubt from the testimony that it
has been the universal desire, in the cause
OF justice and humanity, that everybody
hat knew anything about this case, should
expose it before this jury for their considsra-
ton | don't think there has been any
effort to keep back anything in respect TO
this case. And yet l must say that l am
impressed, mos, seriously and solemnly I'M
pressed, with the connection that there is
an inner history of this case. And think
that inner history these defendants know
about, and they have not told it; because
am strongly of the opinion that this jury
have come to a right conclusion in regard
to the guilt of these defendants, and that
under the circumstances they could not
have answered their oaths and their con-
sciences by the rendition of any other YER
dict. AS matter of course this ease was
tried not upon what might probably have
existed under the circumstances, but what
the evidence showed to have existed, and
tn have hpan tho occprropcoc upOD fhia eva