The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1897-11-20
GETS A NEW TRIAL
CoUDoT, THE sPICER MURDERER,
MUST BE TRIED AGAIN.
The North Dakota Supreme. Court
Makes u railing ON the Appeal
for q New Trial-HOlds That the
vict-Canen Against All Five De-
PENDANTS May He Dismissed
Judge Lynch May Take 1t Up.

BISMARCK, N. H., special, NOV. S.-AleC
Coudot, the first of the five men arrested
for the murder of six members of the
Spicer family, near Winona, who was
tried and found guilty Of murder and sen
fenced to be hanged, has been granted a
new trial by the supreme court. Further
han this the court has so riddled the
case presented by the prosecution that
the attorneys for the state agree that 1t
will be impossible to secure a conviction
of any one of the men under arrest that
will stand the test of an appeal.
Thomas Spicer, his wife, her mother
Mrs. William Rouse and her twin
children were brutally murdered last Feb
ruary at their home near Winoha and
their remains fiendishly mutilated. Five
Indians and half-breeds were arrested
shortly after the crime and two of them
Paul Holy Track, and Philip Ireland
made complete confessions, duplicating
Frank, Black Hawk, Alec Coudot and
George Defender. Coudot was the first
man to be tried and the jury found him
guilty and fixed his punishment at death.
An appeal in the case was taken to the
supreme court and the'other cases were
postponed until the first case was decided.
The principal ground for the appeal was
that there was not sufficient corroborating
testimony of the story of the complies
Holy Track and Ireland. Under the law
no conviction for murder could be had on
uncorroborated testimony of the accom-
plices. The state maintained that 1T had
presented enough corroborating testimony
to warrant conviction, but in the opinion
of the supreme court not a single feature
of the corroborating testimony of the
state comes within the requirement of
the statutes. The our says:
from which the state claims any confederation
testimony testimony; fails ais to ) meet ss' the :" requirement. Of the
Each point that is made by the state
is taken up in detail by the court, and It's
i~nadequacy pointed out. 1t was claimed
by the state that an attempt at suicide
that was shown to nav been made by
Coudot while in Jail prior to his trial was
~corroborative evidence, but the court
holds h suicidal attempt is not to be
co asidered as evidence of guilt. The evil
dence against Coudot is the same as must
nave been presented against the other
men when the cases come to trial, and
this being the case, and there being no
evidence, the impossibility of convicting
the other accused man is realized. States
Attorney Armstrong of Emmons county
stated after the case had been submitted
to the supreme court that If Coudot Sc.
cured a new trial on the ground of In
suficiency of corroborating testimony he
might as well dismiss the cases against
the other men, as he had no other tes-
timony he could bring to support a con-
viction. The syllabus of the decision OF
the court ays:
Testimony in this case relied upon by the
state as furnishing corroboration reauirea 10
accomplice examined and held, to turn;sa no
corroboration under section slo5. REVISED
Codes, as not connecting or tending to connect
the defendant with the crime charged. Iesti-
mony that tends to connect the defendant with
the commission of the onense charged. only
when supplemented by certain testimony OF the
as the statute requires. There is no presump-
tion of guilt arising from the fact that q per"
son charged with crime. and while in coniine..
ment. and before trial, attempts to commit
suicide.
The three other accused men have been
held for trial at the term of court that
begins in this county Nov. %, but under
present ruling of the court it would
not be surprising If the cases were not
prosecuted by the state. The two con-
fessed murderers, Holy Track and Ire
land. may conclude to deny what they
have heretofore stated and demand a
trial. and in this case it is difficult to say
whether they could be convicted. There
has been great indignation in Emmons
county over the %frightful tragedy and
threats Of lynching have been made ut
various times. If any of the men are re-
leased, as now seems probable, these
threats are likely to be carried INTO
effect.