Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1894-01-25

could go to for advice. 1 knew that
there in the church the strength for
which | had proved for daily and hour
/ ", deserted me, and overcome by the
grief and horror of my situation, left
the church and went 10 the parsonage
adjoining. DIR. Mitchell told me TO go
back to his house. He said that many
of the church members had insisted up
ON his turning me out, but he did not
do so as he did not believe | was guilty.
| went back to my room and remained
there in his house until was arrested.
| thought then | would have an oppor-
tunity of proving my innocence. l re-
tanned Mr.. l.. Ii. Bancroft as my counsel
and had frequent conversations with
him during the winter and spring pre-
ceeding the trial concerning my defense.
| 1t was always talked and understood
| between my counsel and myself and 1t
was ALWAYS nv earnest desire that upon
the trial / should be sworn as witness
| in my own behalf and that | should
have an opportunity to go upon the
stand and testify to my innocence and
tell all | know concerning the case.
This was always my wish and | never
heard hint of any different arrange
ments until the case was tried. A short
time before the trial of the case, my
cousins, MIR. Henry Foltz and John
Gottschsll, of Highland, Iowa county,
Wisconsin, employed MIR. III. w. Chyno-
weth, of Madison, as an attorney for the
defense and from that time he acted as
| the leading counsel in the case. AT the
| time of the trial after the testimony on
the part of the prosecution was closed.
/ had conference with my attorneys in
one of the offices of the court house.
My father was present. and also my
cousins, Henry Foltz and John Colts
chall MIR. Chynoweth stated ii would
| be impossible to convict me upon the
testimony of the prosecution and advised
me that the case be rested and that l
should not testify at all in the case.
| MIR. Bancroft asked me if did not wish
to testify 10 the case and / expressly
told him that did, in the presence of all
4 the persons in the room. My cousins
! thought it best to take the advice OF my
counsel, and Mr.. Chynoweth insisted
| that it was the best course to pursue
and that my innocence would be all the
more plainly established when the jury
should acquit me without any testimony
on my part. The jury after remaining
out nearly two days rendered their
verdict of guilty" upon which | was
entepced and for which | am now con-
| fined n the state prison at Waupun. |
make this statement as ground upon
which base my application to His Ex-
cellency, Hon. George w. Peck,
Governor of Wisconsin for a pardon in
connection with the insutfieiency of the
evidence in the case, for the reason that
am informed that some Of the jurors
in the case explained tdeir verdict in
my case by saying that my attorneys
knew that was guilty and that was the
reason they did net put me on the wit
ness stand to testify" This is the only
opportunity that | have ever had of
declaring my innocence or of making
/ any statement under oath, and calling
upon God, the Universal Judge to wit
! ness the truthfulness and sincerity Of all
my statements contained in this afii-
dayit, | soemnly declare that | am
| innocent of the crime, entirely innocent
of the crime, with which l am charged
and convicted. l never did a wrong act
toward Mrs. Mitchell or Ella Maly, so
/ help me God. / never had cause for
wrongful thought towa-d either OF them.
Mrs. Mitchell was my EST aud dear
est friend and Ella Maly and myself
were always on the most + iendly terms
and our relations always of the most
cordial and kindly character.
The talk about my ''infatuation''
for DR.. Mitchell is so utterly absurd
and ridiculous as to scarcely merit the
consideration of an intelligent person
He never paid me the slightest atten-
ton except as a friend and acquaintance.
was never alone in his company To
exceed two or three times in my life
either before or after the death of Mrs.
Mitchell and those were the times which
he mentioned in his testimony on the
trial, when | rode over to my home with
him to see my parents when he was
making professional visit TO Ithaca
where my people formerly resided and
where | was born and had lived all my
life previous to taking up my residence
in Richland Center. l never cared
anything for him and never dreamed or
/ thought of such a thing as marrying
him. Several months after Mrs
Mitchell's death there was some talk in
the neighborhood about DR.. Mitchell
marrying again and in a joking way
the matter had been referred to on
several oocasi ons between Mrs. Wilson,
Anna Mcl.afen, Mrs, Hyndman. May
Hyndman and several others. | used
to be at Mrs. Hyndman's quite often. as
she did sewing for my employer, Mrs
Wilson, used to joke with her and
May about Dr. Mitchell sometimes,
and on one occasion asked her if she
would not recommend me TO DR.. Nit
chell, that the childred liked me better
than they did May, and she said. "of
course she would 1t was all said in
fun, as such things had been said
among us girls perhaps a hundred times
of DIR. Mitchell as well as others. Upon
the trial Mrs. Hyndman tried to make
it appear that this and like frivolous
conversations were held in sober ear
nest, and that in earnest requested her
to recommend me to DIR. Mitchell 1t
! xuac orttat ~ 10 faloa a,.J ,,,,x, o.