Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-05-17

Thursday afterD' IN last Fenner was
found guilty and ,entsnced to States
Prison at hard laosr for life. Friday
evening Sheriff McCamley started with
the prisoner for Waupun arriving at
the prison about II o'clock Saturday.
On entering the prison Fenner broke
down completely and wept like child.
The results of this murder are severe
to the criminal and should be lesson
to all persons who are inclined to do
evil. "Be sure your sin will find you
eut'' and the remorse of conscience
must be terrible to the murderer.
Judge Bennett charged the Jury ia
the Fenner case in the following lang
aage:
Gentlemen of the Jury: The in
formation in this prosecution charges
that on the 10Th day of January, in
the year A. d. 1888, at the County of
Wood in the state of Wisconsin, the
defendant Marvin NJ. Fenner did will
fully, feloniously and of his malice
afOrethought kill and murder John L.
Hesler, against the peace and dignity
of the state of Wisconsin.
The defendant has pleaded to this
information, "Not Guilty." which
raises the issue which you are called
upon to decide from the evidence in
troduced on the trial under the in
structions given you by the Court
BY the laws of this state the killing
of any human being without the
authority of law, by poisoning, shoot
ing. stabbing or any other means or in
any other manner, is either murder,
manslaughter or exeusable or justlfi-
able homicide according to the facts
ana circumstances of each case.
If you shall find from the evidence
in this case under the instructions
given ysu, that the defendant took the
life of John Hesler, there is no
evidence in the case to show that such
killing was either justifable or excus-
able, nor is there any evidence to show
that such killing was maDslaughter in
any degree, but under the evidence it
would be either murder in the first or
second degree, if he is guilty at all,
and yeu so find under the instructions
which | shall give you.
The killing Of any human being
without the authority of law by shoot
ing, ptabbins or by any other means or
In any other manner when performed
from premeditated design to effect the
death Of the person killed or of any
human being, is murder in the first
degree. If therefore you believe from
the evidence in this case beyond all
reasonable doubt that the defendant.
Marvin NJ. Fenner took the life of
John Hesler on the 10Th day of JAN
uary 1888, in the county of Wood. in
this State by shooting him or by any
other means or in any ether manner,
from a premeditated design to effect
his death, then he is guilty of murder
in the first degree and it will be your
duty SO to find by your verdict.
BY the law of this state, the killing
of any human being without the
authority of law by an act imminently
dangerous to the person killed, evince-
ing depraved mind regardless of
human life without any premeditated
design to effect the death of the person
killed or of any human being. is muir
der in the second degree. The priuci-
pie and striking difference between
murder in the first and second degree
consists in this: In murder in the
first degree there is a premeditatsd
design to effect the death of the per-
son killed or of some human being :;
while in the second degree there is an
absence of any premeditated design to
effect the death of the person killed
or any human being, but the death is
caused by an act imminently dangerous
to others or at least an act imminently
dangerous to the person killed. evinc-
ing a depraved mind regardless of
human life. In case therefore you fail
to find from the evidence under the
instructions, that the defendant is
guilty of murder in the first degree,
but do believe and find from the evil
deuce beyond all reasonable doubt that
the defendant killed John L. Hssler
by an act imminently dangerous to
others or by an act immihently dam
gerous to John L. Hssler, evincing a
depraved mind regardless of human
life, but without a preueditated design
to effect the death of the said Hesler
or any human being. then he Is puiIty