Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-10-07
Mr.. J. '. Quarles Defends the Tn
fortunate Woman in a Mas
terly Manner.
The Attorney General Speaks for
the State Review Of the
Litigation.


popularity Of the case. District Attor-
ney w. H. FraWley, of Eau Claire, was
present, us was the attorney general
representing the state. Mr. Qualles be
gan the argument.
The case is one that has attracted
very widespread interest and especially
excited the community where the tlag-
facts in 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 ., 1892, was found guilty
Of murder in the tilSa degree Irwin IS
one of the men for whom the laboling
people Of st. Paul rails nd $1,000 to de-
fray the expenses of engaging him to
defend the Pennsylvania rioters. He
visited Homestead about Il month ago,
and will take part in the great trial
When it occurs.
against Mrs Russell. which calls for Il
sentence of imprisonment for life. tn"
learned court. not willing to pass sell
tcnce upon such Il verdict. stayed the
proceedings III the cause and directed
that the questions involving certain
features of the trial be presented TO
the supreme court for answer. whether
In IN
verdict or whether such verdict be- set
aside and Il new trial granted.
The first Of the questions presented to
the supreme court is whether or not
Mr. Irwin, Il nonresident of the state
and not Il member of the Wisconsin bar
could rightly assist the district attorney
in The prosecution Of this acfiminal case
after objection had been duly taken and
entered by the counsel for the prisoner.
Mr.. Qual'les early in his argument con-
tended that ''it seems singular that 50
able and noted an attorney should be
willing to come so great Il distance and
take the responsibility of such impOr-
tant litigation for the paltly compen-
Sation doled out by the state" He held
increase his reputation rs 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
malignant conduct of the district at
torney because an important factor in
the trial.
Mr.. Qualles' exposition of the miscon-
duct of the district attorney was partic-
ularly scorching and was based upon
the gross partiality of that officer
against the accused i'll the proceedings
before and at the trial. upon the fact
that the district attorney by miSrCprc-
Senting himself as her attorney OBJ
tanned from Mrs. Russell while she was
in jail Il confidential statement of facts
concerning the ease; upon the fact that
the confidential communication WoS
used by him while prosecuting the case
against her: upon the fact that the ac
cuSed woman was prciudiced in her
defense by reason of this know
ledge of the district attorney
and upon the fact that
the district attorney did not postpone
examination of the woman in absCn"e
of counsel appearing for her. rus -.ng
her before the magistrate at Il late hour
It night
The part of the district attorneys con-
uucr, which was characterized as Il do
bolical plot against innocence was thus
stated by the circuit judge when he sub
mitted his questions to the supreme
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 Il 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 1T
torney received facts material to her de-
Tense. among which was the fact not
known to the state that subsequent 10
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-iudicial dis
erection of this officer was abused. it
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 intiam-
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 endeayored at length to 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 a hearing of the evidence lear
ing upon them. He then attached all
| the questions submitted endeavoring to