Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1890-09-04
John WaupoOSe, the keShena Indian,
Condemned 10 Die is Allowed
10 Live.
President Harrison Concludes Not to
Carry Out Capital Punishment
in Wisconsin.
WaupoOse Receives the News with
the StOlidity Characteristic of
an Indian.

| WASHINGTON, Sept. President Har
rlson today commuted the death sen.
tence of John Waupoose, convicted in
| Wisconsin of criminal outrage, to life inn
prlsonment at hard labor. The president
recognized the fact that the death penalty
for crime has been abolished in Wiscon-
sin and that while the United States
statutes prescribe death as the penalty
for the crime of which Waupoose was con-
yicted, it would hardly be Just to have
such sentence carried out within the linn
| its OF the state of Wisconsin. This was
the argument which was brought to bear
upon the president in behalf of Waupoose,
and it has been clearly apparent from the
first that it would prevail upon him to
commute the sentence.
Waupoose, an Indian residing on the
heshena reservation, was tried at Oshkosh
at the last term of court on the charge of
outrage upon the person of bis own daugh-
ter. Judge Bum, who presided at the
trial. had no discretion as regarded the sem
tence, which is fixed by United States law,
but he joined with the jury and dis
trict attorney II petitioning the presi-
dent to com nute the sentence to
The term prescribed by the laws of
the state for the otfense, ten to thirty
years Imprisonment. Mr.. Gerry w Ha-
zelton, attorney for Waupoose, took the
memorial to Washington in person,
where, as an ex-member of congress, he
succeeded in awakening considerable in
tluence in behalf of his client
Waupoose is about forty years of age.
He has constantly declared his innocence
OF the charge and that it was brought up
by enemies to get him out of the way. The
Indians ON the reservation are divided ON
the question, Il part of them strongly sid
ing with him.
Capital punishment was abolished in
this state about forty years ago, and its
first direct result was the lynching of two
persons In jail under charge of atrocious
murders when the proof was very convinc-
ing, the Mayberry affair at GAINESVILLE. and
the De Bar ynching at West Bend. Pre-
vious to that, though hanging
was the punishment for murder,
executions were extremely rare. The
crime OF which Waupoose was convicted
was committed upon the Indian reserva-
tiol which is under the exclusive jurisdic.
ton of the United States, and Consequent
ly not part of political Wisconsin,
WV Witllil Ite iltDCt lilt DIP
parent conflict of laws regarding the pun
ishment made to fit the crime.
A reporter hurried to the jail as soon as
the telegram was received and carried the
news to John aupoose. He received it with
the stoli lity characteristic of an Indian and
stood silent for moment. Then he said;
That's good; that's right thank the
president for what he has done, and
thank you for coming to tell me-. He
then asked to return. to his cell to think
the news over
John is Il good prisoner, said the
jailor. He never makes trouble. and
spends most of his time praying in his
cell. He is a devaut Catholic, and can
not believe that he is guilty"
Waupoose is heavily built half breed.
with good-natured face, and he is man
who talks but little.