Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1893-12-09
THE Snearip Case

The discharge of A. c. Spearin held
for several months by the authorities of
this county on charge of murder by pois.
oning, brings forth the following from
the Hot Springs Herald, date, Dec. 2nd:
Last spring up at Spokane, in Custer
county, two children died in so sudden
and peculiar manner that the doctors
could not explain the cause. The chill
dren lived Oh The raDh formerly and
for many years the home of Captain
Spearin and his family. The Captain
felt that he had been cheated and de-
frauded out of his home by certain par
ties in that neighboI hood, and being a
plain blunt man, had said as much. and
thus made some enemies that were bitter
against him. The Captain, speaking
after the manner Of the idioms peculiar
to the sea fearing life of his early man.
hood, had said that the Judgments Of
God" would rest on the people who en-
deavored to enjoy the home of which
he had been despoled The peculiar
expressions coincident with the some
what peculiar death Of the two children
and the further fact that the old mans
daughter had strychnine in her house
was seized upon by the Captains enc
mics, and they went before the Custer
county grand jury, and in some manner
not explained to the general public,
procured an indictment against the old
soldier for murder by poisoning, which
was returned Ito court on May II 1898.
and several days before the trial jury of
the term was discharged. That the case
was not to be tried was apparent from
the fact that the Captain, who was
living here IN Hot Springs, was not ar
rested until after the trial jury was DIS
charged and there was no chance for
hearing earlier than November follow
ing. SO the old man was arrested on an
indictment procured without any cyl
dence to support it, other than the co
incidence we mention, and lodged in
Jail, where he was kept from the Dist of
May to November %, as the old gentle
man was poor and could not give the
large bail that was required in case of
coincidence.
1t is probably hut fair to the public
officers responsible for this Indictment,
arrest and Incarceration of d gallant old
soldier TO say that their excuse for act
ing without evidence to warrant an in
dctment was in consequence of the
p'ou'iso Vi tho tdpldlu eDcInleh tnaI
plenty of good proof would be forth
coming in the near future. TO this end
the county was involved in the expense
of sending to Ann Arbor, Mich, the
stomachs of the two children for an
nalysis, which, when made, disclosed
the fact that there was not trace of
poison in either of them.
''At the last term of the Custer county
,.ir ~ oIn ~
son, of the firm Of Anderson & Ander-
son, appeared in behalf of Captain
Spearin and demurred to the indictment
The demurrer was sustained, but the
court resubmitted the case to the grand
jury, who struggled with it for few
days and finally had to ignore it, as the
promised evidence of the Captains guilt
had not been supplied, and second in
dictment without evidence would be
tritle too rank.
Captain Spearin's many comrades
and friends, who have from the begin
ming had all confidence in the Captains
innocence, feel that great outrage has
been perpetrated upon the old gentle
man and one that somebody ought to be
made to smart for. The Captain him
self feels keenly the great, gross injustice
that has been done him and his family
by this baseess, infamous charge and
long confinement and painful separation
FROM the dear ones at home, but he has
borne up under it all, as has his good
wife, with heroic spirit, and last Friday
night he came home, where he was met
and congratulated by his wife, comrades
and neighbors, who were all greatly re-
joiced that the Captain was vindicsted
and free under circumstances that left
his good name without the slightest
tarnish."
Under the circumstances of the case
referred to in the above article. it is
very natural that Capt. Spearin and his
friends should feel indignant over his
long imprisonment. but there is nothing
at all to warrant the belief that there
was conspiracy TO punish the old
gentleman for crime which it Is evil
dent he never committed. That the
grand jury which found the indictment
against the accused, was justified in
doing so, it is only fair to presume, but
as is often the case. the evidence which
warranted the finding Of bill was in
sufficient to convict. A grand jury is
not supposed to fnd q man guilty be
yond reasonable doubt. before II in.
dicts, but petit jury must before IL can
convict. Captain Spearin, il seems, was
the victim Of condolences which directed
the finger Of suspicion toward him,
though that suspicion aftsrward proved
TO be groundless. As viii occur some.
times, an injus.iee vas done through an