St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-10-16

from his former home. The Lufkin
and Rose families were neighbOrs prev
lous to Lufkin's removal, but quarrels
brewed constantly between them, and
it was introduced in testimony that
members of the Rose family threatened
old Lufkin with death. This. it is
claimed, was the cause for Lufkin's
lance. On the evening of Aug.
%. of that year. Lufkin
was sitting in the house of a relative,
named Slower. His back was to the
window and he was talking to the MEM
bers of the family when bullet came
crashing through the window, passed
through the old mans body and struck
stove In one corner of the room. Luf-
kin fell forward. and as he did SO said:
~ am shot deader than hay" When
the shot was fired, Slower testified that
he rushed to the window, and there at
short distance saw man running from
the house whom he recognized as Rose,
When the murder became known
search was instituted. In the garden
were found the tracks of a man. and in
gully at some distance from the house
there could be plainly recognized the
hoof tracks Of pony. Acting upon
Slover's testimony, posse Of cit
liens visited the home of Rose.
Here they found a buckskln pony
picketed in front of the house.
The pony's hoofs correspondent to
the tracks in the gully near Slover's
place and Roses shoes were afterwards
found to fit exactly to the tracks in
Slover's garden. Rose was not arrested
that day, and it was proven in the trial
that as soon as the posse left the house,
he rode straight across the country to
where his uncle, whom he claimed to
have visited the day before, lived. The
uncle had moved the day before and
Rose was obliged to inquire of the
neighbors as to his whereabouts. This
made it possible to follow him up and
arrest him.
Rose was taken before Justice of the
place of that township, who, upon the
evidence adduced. concluded to hold
him to the grand jury. He was taken
to New Ulm. and placed in the Brown
county Jail, there being no Jail in Red
wood county. and tried at the following
December term of court at Redwood
Falls.
Cyrus Wellington, of the firm Of Err
win IL Wellington, st. Paul, defended
him. The testimony showed that the
crime was committed Oh clear moon
light night; that the windows of the
room in which Lufkin was sitting had
no shades or screens; that as soon as the
shot was discharged one A. E. Slower,
who was conyerSiDg with Lufkin at the
time, sprang to the window, and, look
ing out, saw person fleeing from the
house whom he claims was William
Rose, and with whom he had been ac-
quainted several years. The evidence
also brought out the following points:
That Rose was at enmity with Lufkin:
that he had manifested that enmity by
threats Of violence and otherwise; that
Rose left his fathers residence between
2 and 3 O'Clock on the afternoon of the
homicide, riding a buckskiD pony, wear
ing a slouched, light-colored, cowboy hat,
short, checkered coat, blue jean OverallS
and heavy pillow SHOES. That Rose was
identified OH his journey to Slover's
honSe by at least five persons. That his
pony was Identified by several persons
familiar with it, and that pony of that
description, ridden by man, was seen
going that afternoon in the direction of
Slover's by at least fourteen persons re-
siding along the route between the de-
fendantS home and the scene of the
murder. That tracks were found In the
garden of the Slower place the day
after the homicide which cOnfOrmed
perfectly to the plow shoes worn that
day by the defendant. That tracks
were found in the ravine and elsewhere
in The neighbOrhOod of the homicide
which exhibited the same peculiarities
found to be characteristic of the foot of
the pony, That clay spot was found
on the defendants shoe resem-
bling clay found in the rayine.
That the death was effected by rifle,
and that the ball used was homemade;
that defendant WAS in possession OF or
hoH tO riffa xuhiob bot apd
moulds which cast the same size of ball
as the one that killed deceased, and that
he had cast balls with said mOuldS.
That early on the morning following
the evening of the homicide, the pony
was found tethered near the barn of
James Rose, the father of the defend
ant, being at the time jaded, and evinc-
ing the strongest proofs that it had been
severely overridden; that whenever
seen that day 1t gave evidence of the
same fact.
That Immediately after the officers,
Craig and Segar, had visited the Rose
place on the morning following the hon.
icide, the defendant mounted the pony
and rode 1t across coQntry-mainly
across lots.
The first trial resulted in the jury dis
agreeing, as did the jury In the second
trial, at which Mr.. Wellington again ap-
peared for the defense.
In November of 1889 Rose had his
third and last trial. Mr.. Erwin this
time conducted the case, and attempted
very hard to prove an alIbi. But the
jury, after being out very short time.
returned a verdict of guilty of murder
in the first degree.
Later Judge Weber sentenced Rose
to hang, and Gov. Merriam fixed April
IL, 1890. as the day of execution. An
appeal 10 the supreme court was taken,
and stay of proceedings in the case
granted. Then the Holden case went
to the United States supreme court on
technical point, which also bore on
the Rose case, and it was stipulated be-
tween the prosecution and the defense
that no action would be taken in this
case until the United States supreme
court had given an opinion in the case
against Holden.
Several months elapsed when the
highest tribunal publicly declared that
it would not interfere with the case.
and then Roses appeal was argued be-
fore the supreme court, which, month
or two later, decided not to interfere.
Gov. Merriam again fixed the date of
execution for Oct. 16, 1891, and despite
one or two applications, refused to in
terfere.
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