Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-07-23
JUSTICE.
ROSA SENTENCED FOR LIFE.

doske for the murder of Ella Maly was
enacted Tuesday afternoon when com
sci for defense moved for a new trial,
which was overruled and the prisoner
sentenced to Imprisonment for life, at
hard labor, with one day solitary con-
hnement
1t was half past one when the court
room filled with spectators. mostly
ladies who were ready to weep or rejoice
as the turn Of events might need. The
entrance of Judge Clementson was i'm
mediately followed by Burnham and
Wilson for the prosecution and Ban
croft and Cheynoweth of the defense.
Rosa Zoldoske took her place with
bright red cheeks and weeping eyes.
She bore up well until her counsel fin
lshed their argument and a recess was
taken when she collapsed and nearly
tainted, as if she had a forboding her
doom was sealed She had to be assist
ed back to tie court room and when
the sentence was pronounced wept cop
iously and could hardly leave the room.
Mr.. Cheynoweth made the argument
for new trial, combining himself prin-
cipally to the Judges charge to the jury.
IN speaking of the evidence he claimed
that while there was no conflicting evil
dence nothing was introduced to show
the defendant ever had poison in her
possession, and that the evidence that
she knew of the Doctors having
strychnine, and seeing it used to poison
rats. was not conclusive. He then crit
icised the judges charge, thought he
was too argumentative. That Mrs.
Mitchells death should have been
brought in only as showing intent or
motive, and should have been strictly
limited as to its application; that be
bore too strongly on the point that Ella
Maly was of happy disposition. with a
bright outlook ana no reason for CON-
hitting suicide, she was conscious at 5
O'Clock the next morning when she
talked with DIR. Ludwig and all along
refused to tell what she had last eaten
which was suspicious circumstance;
that the court did not leave room for
the jury TO find that some one else
might have given the poison. but
brought 1t down to point where the
defendant must be guilty if anybody;
and that the court put to much stress
on the point that strychnine took effect
quickly. AS council touched each
point the Judge gave his reasons and
sustained the position taken by rulings
of the supreme court. He thought he
was as lenient as the evidence would
permit. He was compelled to keep
within the evidence and there being no
defense made he could not touch on
points that otherwise might have
claimed his attention. AS to the evil
dence in regard to Mrs. Mitchell's
death, that had been brought out by
counsel for defence on cross -examina-
ton and in that way all of it became
part of the case for all purposes, but he
had been careful to restrict his remarks
on it to the question of accident. That
counsel had right to ask the court to
charge on question of some one else
having given the fatal dose, but it was
not done and the right thereby waived.
The court disclaimed any intention of
unduly influencing the jury, but it had
only one side of the case to charge up
on, and rulings confined him to the evil
dence offered. The Judge cited cases
showing every point TO have been well
taken and that he was strictly in line in
presenting them to the jury.
Mr. Cheynowoth then made an attack
on one of the jury. S, r. Green, as hay
ing expressed an opinion last winter
that the defendant was guilty. He
presented an affidavit of r. S. Garde
which said he worked for Mr.. Green
ldob 0bA anu n ~ iiS mat
they had frequently discussed the muir
der, and that Mr.. Green claimed Rosa
Zoldoske was guilty.
Mr.. Wilson presented affidavit of Mr..
Green denying in toto the allegations.
Said he never talked to Garde on the
subject. Had only read one piece about
the case. and might have left the paper
in his office where Garde saw it, but
did not know that he had, but had
never expressed an opinion to him or
any body else.
Mr.. Wilson stated he could produce
witnesses to show Garde's statements
unworthy belief
Mr. Garde was in the court room, and
getting up said he was the man referred
to. The Judge told him 10 sit down,