Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1904-12-27
CIRCUIT COURT.


1
After celebrating for thirty-slx hours
the jury in the Voyer case returned a
verdict of guilty, Wednesday morning.
The verdict did not affect the defend
ant in the least, but caused his wife,
who was present during the last few
days of the trial, to break down and
weep pitifully. His attorney, w. E.
Wheelan, asked for time until Saturday
to prepare his motion for new trial,
which petition was granted.
| On Saturday Mr.. Voyer's attorney
presented arguments before the court
for new trial, using as basis the
argument that the court had not given
the jury the proper instructions regard
ing the criminal intent of his client at
the time the forged leases were uttered.
The Judge denied the motion and Dist.
Atty. Genrich moved for passing of sem
tence on the verdict. The defendant
was found guilty on twenty-five separ-
ate counts and it was supposed would
be given cumulative sentence, but the
court, in pronouncing sentence, gave
him three years Imprisonment on the
fourth count. Mr.. Voyer's demeanor,
prior to the refusal to grant his attor-
ney's motion, indicated that he had
confidently expected to be granted a
new trial. When the refusal was made,
he for the first time during the trial
showed any remorse.
After the testimony had all been TAX
en- in the embezzlement case of p o.
Oleson, his attorney, M. B. Rosenberg,
on Wednesday afternoon argued mo-
ton to dismiss the defendant on the
grounds that the information was
faulty and that the prosecution had
made out no case against Oleson. The
Judge sustained the motion and the de-
fendant and jury were discharged.
On Wednesday Wyatte Barner, the
negro charged with statutory crime
in which a young girl of the town of
Day was the most important witness,
through his attorney, F. j. Rooney, of
Seymour, petitioned the court to be
allowed to plead guilty and the petition
was granted. This came in the nature
of surprise for Barner had all along
said he would stand trial and confident
ly expected to be acquitted. His attor-
ney asked leniency on the grounds that
Barner had already suffered much at
the hands of his prosecutors and had
served ten months in Jail. II his skin
had been white instead of black he
would have been allowed to marry the
girl and hush the mouths of scandal.
The district attorney, however, present
ed the case in another light and argued
for punishment adequate to fit the
crime. In passing sentence Judge
Silverthorn no doubt considered the
plea of the negro's attorney and also
the fact that the prisoner had saved the
county great expense by pleading
guilty and sentenced him to one year in
prison. Had the case gone to trial it is
said testimony would have been intro
duced which would have been the basis
of an action against some other parties
for crime committed to hide the first.
John Wood, the tramp who was
charged with breaking the seal of car
in the yards of the st. Paul Ry. Co. two
weeks ago, and whom it was supposed
set fire to car few minutes after the
commission of the first offense, plead
guilty in circuit court Thursday morn
ing. Wood related story in court,
which while doubted by some, was suf-
ficient to gain for him leniency and the
sympathy of those who heard it. Wood
claims to have suffered the calamity of
losing his wife and children in the de-
structive tornado which struck St.
Louis in the summer of 1896. He was
then resident of that city and was en-
ployed regularly as mechanic, earned
good wages and was Industrious.
When the storm struck the city he was
absent from home, but his wife and
children were killed and he lost all his
belongings. After that calamity, like
many another man of weak moral
courage, he lost heart and went to the
bad He has never worked since, but
ha.s tranped about the country. He
broks the car seal for the purpose of
getting arrested that he might get lodg-
ling and square meal. The Judge
fined b:n sS0 Atty. A. l.. Kreutzer
was moved by the mans story and at
onoe began taking up collection, and
was not long in raising the amount of
the fine and the man was liberated.
Wood was very sick in jail the first few
days of the week and it was feared
would die. He was asked if he did not
desire to, have relatives or friends noti-
fed of his condition but replied that
there was not relative or friend in all
the wide world who cared for him, and
the sooner he occupied lot in the pot
ter's field the better it would suit him.
He later rallied sufficiently to appear in
court, but it is apparent that he has not
q great while to live.
When the case OF Ed. Heagle was
lcalled the defendant was not present
and hls bond was declared forfeited.
Heagle, in company with one, Nick
Lahr, was arrested early last summer
for burglarizing the Athens House al
Athens. Lahr plead guilty and is now
serving sentence in the Green Bay re
formstory. Heagle's father and other
relatives algned their names to his bal
bond and win now have to make gooc
the amount
On Thursday Mike Hough, who ha'