Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-05-27
The Jury in the Russell Case Say
She Is Guilty OF Murder in
the First Degree.
She Says Nothing, but Weeps
Bitter Tears When the Ver-
dict Is Rendered,
No Disapproval of the Verdict
by the Public-W ar1nly Ap-
proved by Many.

EAU CLAIRE, Wis, May 25-Mrs.
Elizabeth Russell is found guilty of
murder in the first degree. <&Ss
The jury, which had been out since
Monday night, came in at $3.50 Tuesday
night. A disagreement had been quite
generally expected, and it was not sup
pose: that the jury would be heard from
before morning. At $50 p. III. Judge
Bailey, Mr.. James, Mrs. Russell's at
torney, Clerk of Court McBain and two
or three others We're almost the only
persons in the court house. They were
seated in the clerks Office, while Mrs.
Russell and her husband sat in an ante
room across the hall. Captain Wolf, the
old soldier who had charge Of the jury,
informed the judge that the jury desired
to communicate with him. There was
scarcely a score Of spectators in the
chamber when the judge took his seat on
the bench and Mrs. Russell, her husband
and her attorney sat down together
near the jury box. The
clock licked loud in the dead
silence. Then a mu1mur was heard
from the jury room and Mrs. Russelrs
frightened gaze riveted on the twelve
men who filed in. The judge asked the
usual questions and the foreman of the
jury replied that an agreement had been
reached. Mr.. James, when the jury
went out, had handed the foreman a
verdict of acquittal with green folder
on it, while the district attorney had
handed the foreman a verdict of guilty
on piece Of white paper. The foreman
drew the jurors verdict from his pocket.
1t Was the White One.
Mrs Russells head sank to her breast.
The judge read the verdict: 1--WE, the
jury, etc, find the defendant, Elizabeth
Russell, guilty Of murder in the first de-
gree" At the request of Mr. James the
jury was poiled and each one firmly
answered Eyes" to the question of the
judge as he looked sharply over his
eye glasses, is this your verdict?
and do you find the defendant
guilty Of murder in the first degree?'
Mr.. James rose and moved an arrest of
Judgment, stating his grounds to be
that the information failed to charge any
offense; that it appeared from the record
that the defendant had not had fair
and constitutional trial, and that coun-
sci residing outside of Wisconsin had
been permitted to appear and assist the
district attorney in the prosecution,
which was contrary to law. The Judge
did not pass upon the motion. Mr.
James said he would consider whether a
motion to set aside the verdict would
waive the motion for arrest of iudg-
ment. Judge Bailey said the present
term, which was just expiring, would be
held open. The judge also suggested to
Mr.. James to have transcript made of
the district attorneys own evidence
In Regard to the Jail Episode,
by which Mrs. Russell was, deceived
into telling her secrets to a detective,
and also to have transcript made of
evidence as to the manner of Mrs. Rus
sells arrest and waiving of examination
and Of the evidence in regard to the pub
ication of inflammatory articles
against Mrs. Russell in local papers,
all Of this evidence to be GER
titled to the supreme court to ascertain
whether the accused had had constitu-
tional trial. During the proceedings
Mrs. Russell sat with her head partly
covered with one hand and never looked
up till she was left in the court room
alone with her husband and young
girl. Mrs. Russell wept, but said moth
ing. She was removed to cell in the
Jail. 5ls51
It is reported the jury stood ten for
conviction and two for acquittal at the !,
start, but no information can be obtained
directly FROM them on that point. Dis
trict Attorney Frawley was not in the
court room when the verdict was rem
dered nor was Erwin. Mr.. Frawley ar-
rived at the court house after the jury
had been discharged and the jurymen8
all shook hands with him. The verdict
does not meet with any tiisapp from
the general public and consid derabla
number Narnaly apnroYs III