Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1892-10-06
THE RUSSELL CASE.
The Muddled Matter is Presented
to the Supreme
Court.
Mr.. J. Y. Quarles Defends the Tn
fortunate Woman in a Mas
terly Manner.
The Attorney General Speaks for
the State Review Of the
Litigation.

spectators gathered, attracted by the
popularity of the case. District AttOr-
ney W. II. Frawley, of Eau Claire, was
present, as was the attorney general
representing the state. Mr.. Quarles be
gan the argument.
The case is one that has attracted
very widespread interest and especially
excited the community where the trag-
edy occurred. Following are the main
facts III the case:
On December 6, 1891, Elizabeth Rus
sell, of Eau Claire, was arrested for the
murder Of one Bertha Erickson by poi
son. The district attarney of Eau
Claire county secured the services of
w. W. Irwin, the noted criminal law
yer Of st. Paul; the prisoner was tried
and on May 8, 1892, was found guilty
Of murder in the firsa degree. Irwin IS
one of the men for whom the laboring
people of St Paul raised $1,000 to de-
fray the expenses of engaging him to
defend the Pennsylvania rioters. He
visited Homestead about a month ago.
and will take part in the great trial
when it occurs.
a verdict having been rendered
against Mrs. Russell, which calls for a
sentence of imprisonment for life, the
learned court, not willing to pass sen
tence upon such Il verdict, stayed the
proceedings in the cause and directed
that the questions involving certain
features of the trial be presented to
ln bat !, a1s
Judgment should be passed upon the
verdict or whether such verdict be set
aside and a new trial granted.
The first of the questions presented to
the supreme court is whether or not
Mr. irwin, a nonresident of the state
and not a member of the Wisconsin bar
could rightly assist the district attorney
in the prosecution of this acriminal case
after objection had been duly taken and
entered by the counsel for the prisoner
Mr.. Quarles early in his argument CON
tended that ''it seems singular that so
able and noted an attorney should be
willing to come so great distance and
take the responsibility of such impOr-
tant litigation for the paltry compen-
saticn dOled out by the state" He held
that Mr.. Irwin saw a chance to greatly
increase his reputation as a criminal
lawyer and took hold of the case to
convict Mrs. Russell at all hazards
Mr.. Quarles showed how public Opin-
ion which had been poisoned by the
tOrney because an important factor In
the trial
Mr.. QuarleS' exposition of the miScOn-
duct of the district attorney was partic-
ularly scOrching and was based upon
the gross Partially of that officer
against the accused in the proceedings
before and at the trial; upon the fact
that the district attorney by misrepre-
Senting himself as her attorney OBJ
tanned from Mrs. Russell while she was
in jail confidential statement of facts
concerning the case; upon the fact that
the confidential communication was
used by him while prosecuting the case
against her; upon the fact that the ac-
cused woman was prejudiced in her
defense by reason of this know
ledge of the district attorney
and upon the fact that
examination of the woman in absence
Of counsel appearing for her, rus--ng
her before the magistrate at late hour
It night.
The part Of the district attorneys con-
uucU, which was characterized as q do
bOlical plot against innocence was thus
stated by the circuit judge when he sub
court:
"A few days later, after bonds had
been secured and while waiting for the
approval of the circuit judge, she was
taken from her home and thrown in
Jail. Immediately after one Whipple,
employed and under the direction of the
district attorney, entered the jail, repre-
Senting himself as a person sent to ner
by her counsel to obtain facts relating
to her defense, which he was to convey
to her counsel. To prove his mission
genuine he induced her to call up her
attorney, and she made admission in re-
gard to her defense and the district It.
tOrrey received facts material to her de
Tense, among which was the fact not
known to the state that subsequent TO
the death of Bertha Erickson arsenic
had been discovered in a mattress about
the premises where Bertha Erickson
lived"
Mr.. QuarleS further said:
ITO show how the quasi-judicial ais
- +1,;r Ar oh, -
appears that, just before the jury was
drawn to pass upon the question of guilt
or innocence, the district attorney
caused to be published a most infiam-
matory article branding the defendant
as a mUrderess, and calculated and in
, tended to arouse public resentment
against the defendant and make it praC-
ically impossible to secure an unpreiu-
dicial jury"
In this connection Mr.. Quarles became
eloquent, saying: ''Trickery was rein
forced by brutality. Like the tiger he
first played with the victim with paws
of velvet, holding out vain and delusive
hopes which were the prelude to certain
| destruction
he also enueaV0feQ dI leuStu 10 Sow
| that the district attorney was diSquali-
| fed to try the case.
| The attorney general, after stating
the case briefly held that under The
provisions Of a clause in the state con-
/ stitution questions cannot be presented
| to the court in case like the one at bar
| without hearing Of the evidence Uear-
mo IL