The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-12-23
THE $
We have patiently listened for several
.l..s s.a..IA h q lxr

release of Samuel Woodruff from prison.
The feeling which existed in this COM
munity Immediately after the tragedy
at Frcel's ranch, and preceding and
during the trial of Sam. Woodruff,
appears to prevail to some extent at the
present time. The LEADER certainly
occupies a neutral position in this IN
stance, and it cannot be and it is not
our object to make misstatements in
regard to this case. We base our as
sertions upon facts and documents
which cannot be controverted. There
has always been a doubt in our mind as
to the guilt of Sam. Woodruff, not
withstanding the popular sentiment
which has prevailed. The relations
between him and John Freel were such,
as to lead those who were acquainted
with the difficulties between these two
men, to anticipate trouble, if not muir
der, at the first chance meeting Of these
two men. In connection with this
state of things, the following facts
were laid before the Governor, while
Woodrun's application for pardon was
pending:
Hon. Herman Haas states that lie
met Freel in Cheyenne on the day be-
fore his death; the latter seemed in
considerable trouble, and used this
expression to Mr.. Haas: II hare got
10 leare the TERRITORY on kill Sam. Wood
rau," also giving his reasons therefor
and referring to his difficulties with
Woodruff.
On the same day Freel stated in the
presence of Hon. Geo. ID. Foglesong:
~ haze got 10 kH q man," but did not
state whom.
These facts were nOt brought out at
the trial.
When these two men met the next
day on the prairie, not a human being
was in sight to witness the encounter;
not a solitary witness was produced
who saw the affray, which resulted in
the death of Freel. Circumstantial
evidence alone convicted WoodruT-of
murder? no, of manAaughter.
In regard to this point, Hon. W. W.
Corlett's letter to Governor Thayer,
will be read with interest, and we pub
lish herewith a copy of it:
OMAHA, NEp., Sept. -, 1877.
Hon. john II. Ihayer, Governor Uyo-
ming T,rrjtory, Cheyenne, Wyoming:
DEAR SIR-Yours of the goth inst.
desiring my opinion as to whether or
not Samuel Woodruff, lately sentenced
to the Penitentiary of Wyoming Terri
tory for the killing of John Freel,
could, under the evidence produced on
his trial, properly be convicted of the
crime of manslaughter, was received
by me before leaving Cheyenne, but ut
such a late hour that I could not an
swer it until now.
In reply, 1 have to say, that in my
opinion there were only two theories
which could be properly contended for
in the case-one that Woodruff was
guilty of murder, and the other that he
was innocent. My theory on the
trial of the case was, that under the
evidence, he was guilty of murder.
The jury, before whom the case was
tried, either did not accept that theory,
or else thought there was a reasonable
doubt as to its correctness. In my
Judgment, if they did entertain a rea-
sonable doubt of Woodrufr's guilt on
the charge of murder, they ought to
have acquitted him.
Yours, very truly,
w. W. CoRLETT.
In support OF II statement that
through somebody's blunder or crimi-
nal interference, certain kilograms
from Mr.. w. E. Mason, Woodruff's
attorney, were suppressed, and the de-
PENDANT in consequence deprived of the
services of his legal adviser, we give the
following extract from Mr.. Mason's
letter addressed to the Governor:
II know also that Mr.. Woodruff was
an entire stranger in the Territory of
Wyoming, and if the case had been
tried before any jury that could have
heard his record, and could have heard
evidence IS to his former good charac-
ter, his statements of the facts would
have been received as conclusive. /
had double purpose in going out there;
l intended not only to defend him or
assist in his defense, but to go up on
the stand myself and testify to his for
mer good character and reputation in
the community where he was known;
but this l was not permitted to do, the
reason for which will more fully appear
in this statement. l learned that his
trial would probably occur or begin on
a certain Monday; and several days
preceding that Monday l came this far
(Des Moines) oil my way to Cheyenne;
but ~telegraphed Mr.. Woodruff several
days before I started, to telegraph me
at Des Moines if his case should be
commenced on that Monday. L ar
rived in Des Moines several days before
that Monday on which the trial of his