Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1898-02-24
AN ANSWER.

EDITOR REPORTER: It strikes ~
that your last article regarding til
expenses in the Lord Emery case
rather personal, and calls for fel
words Of reply on my part. You seer
to delight in seeking to convey th
impression, as you have constantly
that l am to blame for the large e2
penses in this case, that [ have been
and am, depending solely upon tech
nIcalities, that these men are guilt,
| beyond question, and that I am tax
! ing advantage Of defective laws, anC
making sport Of justice.
Truly, Mr. Fontaine, your bill O.
complaint is liberal in charges direc
and Indirect, and | presume there i
no use in my attempting to convince
you OF your error in these several par
tIculars. Let me say, however. fol
the benefit Of some of your mis-
informed readers, that having beer
appointed by the court to defend Mr.
Emery, having become thoroughly
familiar with all Of the facts in the
case, and believing, as [ do, in the
absolute innocence of these two men
Lord and Emery, | have believed it tC
be my duty, though as you say they
are with little money. without
friends or influence" to give them the
fullest defense and all the defense
possible within my humble power.
You would certainly expect no less
than this if you were accused of crime
and denied your guilt. You would
not expect the impatience of public
opinion, nodded by your adversaries,
TO deter your attorney from doing his
whole duty by you, and if he did fail
and desert you when money, friends
and influence went skulking away,
you and many more would Justly Judge
hIm as being unworthy to plead the
case of any man in court. But sup
pose L bow to the lawful tired" feel
ing and impatience on the part of
some people in Wood county you refer
to, aside from deserting my trust and
dlsgracing my calling, what would be
gained? Some other attorney would
most certainly be appointed in my
place with Mr.. Brown and they would
proceed to exercise their best powers
and skill to secure a new trial for
these men and an acQuittal. The
French murder case from Ashland
county is fair illustration of the
fact that a defendant does not depend
upon one attorney alone standing by
him. That case has been to the Su-
time a different attorney has repre-
sented the defendant, each having
been appointed by the court, French
being without means.
You say these men have twice been
pronounced guilty by different juries:
but what of it? That does not prove
that they are guilty. Many an inno-
cent man has been found guilty and
executed. AS intelligent, honorable,
discriminating and upright men as
any who have sat on this case, formed
part OF the second jury, and declared
by their ballots that these men were
not guilty. The array Of attorneys.
including the unusual and heretofore
unheard Of presence Of the attorney
general in Circuit court, necessary to
win the last verdict against these men
without 'money, friends or influence"
ought to be sufficient answer to the
charge of ''guiIty beyond any ques-
ton
Governor Tanner, the present gov
ernOr of Illinois, as you well know,
was convicted by jury, of murder in
the first degree, few years ago, the
verdict was set aside and new trial
being had the second jury said he was
not guilty. The first verdict proved
nothing as to the fact.
Rose Zoldoska, as you are aware.
was found guilty of the murder of
Ella Mally, at Richland Center, in
1891, and the case being taken to the
Supreme court, that court discovering
no error in the proceedings, technical
or otherwise, affirmed the judgment
Of imprisonment for life. Many
people, you, Mr.. Fontaine. among the
number, failed to believe her guilty,
Notwithstanding that verdict. Gov
ernOr Upham after carefully review
ing the evidence came to the conclu-
sion that she was not guilty and par
doned her, and you heartily COM
mended his action. So I say that a
verdict Of guilty proves nothing, as
your course in the ZoldoSka case dem
onStrates.
Men differ as to the weight to be
given to the evidence. Some can and
do believe the improbable story of the
brute David Jacobs and his progeny,
but | cannot. If one can swallow his
statements, there is, as Justice Win
slow said, evidence to sustain the
verdict" if not, then there is not.
l have no place in my makeup which
leads me to believe in mant?) guilty
of the crimes he was with his young
daughter, both before and after her
marriage to the murdered man. He,
of all others, a hundred to one, had
motive for that murder, and my con-