Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-01-13
OLD CRIME RECALLED.
Edward Eckhardt Again Trying to Re-
gain His Liberty,

Edward Eckhardt Again Trying to Re-
gain His Liberty,
The Milwaukee Sentinels Washing
ton correspondent telegraphed to his
/ paper day or two ago the informa-
ton that Attorney Rublee A. Cole had
applied to the United States supreme
court for leave to file petition for q
writ of habeas corpus to inquire into
the legally Of the imprisonment of
Edward Eckhardt in the penitentiary
of Wisconsin.
Eckhardt, it will be remembered, is
the tramp who killed another tramp in
the fall of 1877 a short distance north
of Fort Atkinson. He had an accom-
plice named Whitney whose father at
the time lived in Fort Atkinson. After
the murder Eek hardt and Whitney
and their identity might have remained
undiscovered had not the qualms Of
his conscience led Whitney to par
TALLY confess his share Of the crime in
letter to his father.
Earl Newton was then sheriff and
acting upon the information contained
in the letter he went to the numbering
camp where they were employed and
arrested Eckhardt and Whitney.
The body of the murdered man, whom
a coroner's jury had decided had come
TO Il, i, aft bo ho 10 # M
| known was exhumed. Its wounds,
upon re examination, were found to
| confirm the statements Of Whitney, ho
| told how the murder was committed
| and what small part he himself had
! taken in it.
J Eek hardt's trial took place in April
| 1878. Judge Conger was then the cir
| cult Judge, but Judge Small presided
| at the trial Charles +. Krebs was
clerk of the court w. H. Rogers was
the prosecuting attorney, and Harlow
Pease the attorney for the defense.
The jury was composed of w. n.
Dew, foreman; DeIOs Vail, William
Piper, w. F Reynolds, Albert Demer-
it, Thomas MCGEE, John Thomas, G.
Griggs, Henry Carmam, William Nc
Cam, Elijah Faville and James Web
ster
The witnesses examined were
Charles Whitney, Albert Allen, Perry
Wheeler, D. j. Barnes, w. NJ. Smith,
j. G. Sawyer, Leroy Rankin, George
Prestige, Charles Lawrence, l.. G. BiCk-
nell and a few others. The jury rem
dered the verdict on April 10, 1878 On
April Is, Eckhardt was sentenced to
Imprisonment for life at hard labor.
Some time after his term began he
came into the possession of a sum OF
money which be has since employed IN
efforts to regain his liberty. Accord
ing to The Sentinel's correspondent the
present effort is based upon the con-
tention that the sentence was illegal
and void, and the claim is set forth that
| Eckhardt is detained by the officials OF
the state prison in violation of his con-
stitutional rights. 1t is claimed that
| the verdict upon which Eckhardt was
sentenced was a general one and did
not specify the degree of the murder,
and it is alleged that as he has now
served abont nineteen years, which
with allowance for good behavior,
would amount to a sentence of more
| than thirty years, be is entitled to biz
F, liberty. The petition alleges that it
would be as fair to hold that Eek hardt
was sentenced for murder in the second
or third degree as for the first degree,
in view of the general verdict rendered
! by the jury. The claim is set up also
that the judge of the court was not
present, and that the sentence was
rendered by judge called in to act.
The petition is lengthy one, and sets
| forth that the detention of Eckhardt is
violation Of the constitution of Wis
consin and of the united States. =
Jefferson Banner.