Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1892-06-23
Rose Zoldoske

Rose LOluOSKe.
just as We ~ent to press last week a
telegram announced that the Supreme
Court had reached a decision in the
Rose Z5idoske case. ard that the iudg-
merit Of the lower court, Judge Glenn
entson pr siding. was affirmed. Miss
Zoldoske will therefor. unless pardoned,
remain in the prison at Waupun the
remainder of her life. The grounds
urged for 8 reversal of the judgment
were:-tnat there we're no reasons for
believing that Rose ever had any
strYchnine in her possession or knew
its deadly nature; that the court refused
to admit testimony to show a lack Of
motive for the commission of the crime,
but had enormously admitted testimony
to show criminal motive, also that there
were errors in the Judges charge, and
that both be and one of the witnesses
had expressed opinions in the case; that
Miss Maly did die of strychnine poison
ing and in general that the verdict was
contrary to the evidence The history
of the case is too fresh in the minds of
the people Of this county to need any
review The following extract from
the opinion written by Justice S L.
Pinney of the Supreme bench is clear
and to the point
He says:-The evidence does not af-
ford any ground for thinking that Ella
Maly committed suicide, and the in.
structions given on that point are not
Objectionable. The correctness and
fairness Of the charge are to be deter
mined, not from a detached sentence
or statement, but from its fair meaning
and effect as whole The trial Judge
did not express any opinion whatever
upon the evidence. but expressly in
formed the jury in the most pointed
manner that the weight and effect of
the evidence was wholly for them. II
is no: error where the question of the
defendant guilt is fairly left TO the /
jury upon the entire evidence, for
The trial Judge to omit to give unasked I
instructions proper in themselves. but
not necessary in point OF law, provided
those instructions giv9n are correct
The evidence is certainly very satisfact-
DRY that Ella Maly died from strychnine I
poisoning. Not one of the several able F
medical experts expressed the slightest T
doubt on the subject, but all concurred I
in this conclusion Ii was left for the I
jury to determine whether, beyond rea- +
sonabe doubt. the death of Ella Maly T
ives the result of strychnine poisoning,
and there was abundant testimony to
justify the jury in the conclusion at
which they arrived that such was the +
cause of her death.
1t was assigned as error that the trial +
Judge, after the verdict of the jury had F
been rendered. and on the same day. +
before a motion for new trial had /
been filled, expressed his opinion of the /
verdict and merits of the case to a I
correspondent to the effect, T
among other things, that he was firmly |
convinced that the evidence warranted I
a conviction of murder in the first de-
gree or else that he would at once Ell
terrain motion for new trial The I
opiutou lHuS eA pTtsSeu ny Tue LVldl JuuS6 /
was founded. we must assume. upon the |
evidence developed at the trial; and [
it is difficult 10 understand how he
could have heard it without forming his F
own conclusion as to the guilt or limo
cence of the accused or how he was leg al F
" disqualified from lawfully hearing and T
deciding the motion for new trial,
simply because be had expressed his con.
victiot thus formed. We do not think
the rights of the defendant, as secured
by law, were infringed. The defendant
has been faithfully, zealously and ably
aud in the trial aud proceed
ings resulting in her conviction Of this
great crime. we are satisfied that no
error has interviewed to her p,eindice,
and that the judgment of the circuit
court must be affirmed