River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1892-02-04
Sent Up for Life.
Correspondence st. Paul Dispatch.l
ELLSWORTH, WIS, Jan. 20, 1892.

ELLSWORTH, WIS, Jan. 20, 1892.
The case against John w. Fertig,
which has been on trial here this
week, was given to the jury at late
hour last night. and the jury promptly
brought in verdict of guilty of MUIR
der in the first degree. The trial had
some sensational features and attract
ed large crowds to the court room
daily. The testimony for the state
showed that Robert G. Spaulding, the
victim, together with his brother
William, owned and carried on large
farm in the town of Maiden Rock, in
this county. The brothers were highly
respected and widely known in the
community. The defendant, Fertig,
lived a near neighber and was en-
gagged in business transactions with
the Spauldings. Some time last sum-
mer the Spauldings and Fertig had a
settlement of accounts between them,
at which time there was some little
dispute over the price that viii
Spaulding was to pay Fertig for a
quantity of cordwood that the latter
had sold the boys, but no quarrel or
particular ill.feeling seemed to exist.
1t ran along until Nov. 18th when Will
Spaulding sent word to Fertig that he
was going to haul and ship the wood,
and started to the chopping with three
teams for that purpose. Fertig was
some distance from home at work that
day. When his wife brought him
word that Will Spaulding had gone
after the disputed wood he hurried
home, loaded rifle and went to the
chopping, expecting to find the men
and teams. They had loaded up and
started for Maiden Rock. Fertig
crossed the fields to secluded ravine
through which the teams were to pass.
and, as the state claims, took station
behind a tree near the highway, and
waited there. This was shown by
tlaIho bhO ohO"s 4hO
that came in sight was Robert Spauld-
ing, sitting on his load of wood. Fer
tig fired, killing his victim instantly.
The prisoner walked into the road,
looked at the body and then took to
the woods. A large party immedi-
ately organized and started in pursuit,
with the intention of lynching him,
but he made his escape and afterwards
surrendered to the sheriff.
The prisoner had intended to kill
Will Spaulding, but the brothers had
changed teams that day and Robert
was driving black team usually driv.
en- by Will. Fertig did not know his
mistake until after the arrest, when
Will saw him in Jail.
Fertig claimed that he had no inten.
ton of shooting either one of the boys;
that he only intended to forbid the
hauling of the wood. He denied that
he was in the field behind the tree,
but met the team in the road, and in
putting up his hand TO stop the team
his elbow struck the hammer of his
rifle, laying across his arm, and the
gun discharged. Threats were made
from time to time of raiding the Jail
and lynching him, and about month
ago the sheriff removed him to the
Jail at Hudson for safety.
Fertig's attorney produced the rifle
in court to show the jury how easily
the hammer might be snapped. The
prisoners five little children were in
court, and at the sight of the gun set
up a scream and could not be quieted
until the rifle was put away; second
time it was brought out and produced
the same effect ON the children. This
created the impression that Fertig had
threatened his own family.
Judge Bundy sentenced him to the
states prison for life.