Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1904-05-07
CHARLES ROCKER
TO Be HANGED
Murderer Who Confessed In
HE Sleep Receives the Ex-
treme Penalty.
CASE WILL BE APPEALED
Ielief That the Convicted Man Is Not
Likely to Suffer the Death Penalty
- End Of a Remarkable
Case.

Rock Rapids, Ia, May 2.-For the
death of August Schroeder, his wife's
former husband, near Doom, Ia, June
80, 1900, Charles Rocker was found
guilty of murder in the first degree and
condemned by the jury to suffer death
for the crime.
1t is the first time in the history of
judicial district that a jury has inn
posed the death penalty, and 1t Is
indicative of the jury's confidence In
the guilt of the accused.
The case went to the jury at 6:45
O'Clock last evening. County Attorney
Fisher having concluded an arraign-
ment Of the defendant at that hour.
The jury deliberated until 1880 o'clock
his afternoon, most of the time being
consumed, 1t Is understood, in consid-
Grafton OF the question of penalty. I'm
der the Iowa law, the jury must say
whether the defendant shall suffer
death or life Imprisonment in cases OF
conviction of murder in the first de-
gree.
The Jury's Report.
1t was some time after the jury re-
ported TO the sheriff that they had
agreed before the court officials were
assembled to receive the verdict. The
news of the agreement spread through
the town quickly n by the time the
SodI was W A~'Ha NA~ NNN
ing Of the verdict, the room was packed
by an intensely interested throng.
Clerk of Court McNab received the
verdict from Foreman w. x. II. Nc
Eldey, and the jury was polled while
the court room observed an impressive
silence. No sound but the repressed
breathing OF the c~oncourse could be
heard as the clerk read these words:
Verdict No. I've, the jury, find
thu daPap1ant rba rios Rocker guilt V
of murder in the first degree as charged
and further find and determine that
the defendant should be punished with
death"
During the reading of the words that
meant at least loss of liberty TO the
prisoner, Rocker sat as II he were lis
tening to the dreary routine OF an un-
interesting proceeding. He was in no
wise affected.
Case Will Pc Appealed.
Attorney Grsenleaf will appeal tn,
case, and this will undoubtedly result
in sparing Rockers life, even If no re-
yersal or new trial is secured. The
district court Axe a time for eXecu-
ton, but II has been the custom OF the
supreme court TO delay determination
Of the appeal until after that date.
Then Il becomes necessary for the gov
| ernor to choose a new time for the
hanging, and this is never done. While
nominally the death penalty may be
imposed In Iowa, there is an unwritten
law against 1t and there has been no
execution for many years.
This verdict end a case remarkable
In many ways. After the body OF Au-
gust Schroeder was found hanging In
his barn his brothers suspected Rocker
and caused him to be arraigned for a
preliminary hearing on the charge OF
murder. He was acquitted and later
| sued the Schroeders tor false arrest.
Attorney c. A. Irwin defended in this
case upon the theory that Rocker was
in fact guilty, II he won n verdict,
From that date Mr.. Irwin has never
failed to believe I'm Rockers guilt.
Sleep Talking Did Il.
Blu IL is. doubtful II Rocker would have
ever have been brought to justice had no
the involuntary workings OF his con
science incriminated him. After Il nit o.
brutal anger and a spree last autumn, h,
acted out in his sleep the murder O
Schroeder, and Mrs. Schroeder, whom
Rocker had tsken as his wife, forced hin
TO tell the whole story of the crime. Sh,
had until that time believed Schroeder
had committed suicide as Rocker claimed
But now she found not only that Rookie
was guilty, but that he had deceived he
in their marriage, having a wife from
whom he had not been divorced, and
family of children, living at Dundee
MINI. She decided to testify against hin
| and as a result appeared in the trial an'
dramatically condemned her husband al
| guilty. This more han any other testi
! mony tended to convict him; In fact, /
| Is doubtful il a conviction could nave beer
! secured without her evidence. An indict
\ ment is hanging over her for complicit,
| in the crime but 1t Is doubtful If she vii
\ be prosecuted.