The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1904-05-06
CHARLES ROCKER
TO Be HANGED
Murderer Who Confessed in
HE Sleep Receives the Ex-
IRENE Penalty.
cAss WILL BE APPEALED
Belief That the Convicted Man Is Not
Likely to Suffer the Death Penalty
End Of a Remarkable
49, Case.

Rock Rapids. Ia, May 2.-For the
death OF August Schroeder, his wife's
former husband, near Doom, Ia, June
so, 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 i'm
posed the death penalty, and it is
Indicative of the jury's confidence in
the guilt of the accused.
The case went to the jury at G:i5
O'CLOCK last evening. County Attorney
Fisher having concluded an arraign-
ment of the defendant at that hour.
The jury deliberated until 1889 o'clock
this afternoon, most of the time being
consumed, it 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 hat they had
agreed before the court officials We're
assembled to receive the verdict. The
news OF the agreement spread through
the town QuicKly n by the time the
court was to hear the read
ing Oh tle Verdict, the room was packed
by an intensely Interested throug.
Clerk of Court McNab received the
verdict from Foreman w. *. II. Nc
l2ldey, and the jury was polled While
the court room observed an Impressive
silence. Nc sound but the represseu
breathing of the ~concourse could be
heard as the clerk read these words:
Verdict No. I'VE, the jury, find
the defendant, Charles Rocker, guilty
~ ~, 4 ~ nr IN tL@ a,.t o-,,~
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 il he were lis
tening to the dreary routine of an UNI
interesting proceeding. He was in no
wise affected.
Case Will Be Appealed.
Attorney Greenleaf will appeal the
case, and this will undoubtedly result
in sparing Rockers life, even IL no re-
versal or new trial is secured. The
district court fixes a time for execu-
ton, but 1t has been the custom of the
supreme court to delay determination
of the appeal until after that date.
Then 1t becomes necessary for the Coy
ernor TO choose a new time for the
hanging. and this is never done While
AAS NSitA mat VA ne
imposed in Iowa, there is an unwritten
law against it and there has been no
execution for many years.
This verdict ends Il 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 for false arrest.
Attorney c. a. Irwin defended in this
case upon the theory that Rocker was
IN fact guilty. and he Won u verdict.
From that date Mir. Irwin has never
failed to believe in Rockers guilt.
Sleep Talking Did II.
But it is doubtful if Rocker would have
ever have been brought to justice had not
tho involuntary workings of his con-
science incriminated him. After a fit OF
brutal anger and Il spree last autumn. he
acted out in his sleep the murder of
schroeder, and Mrs. Schroeder, whom
Rocker had taken as his wife, forced him
to tell the whole story Of the crime. She
mad until that time believed Schroeder
had committed suicide as Rocker claimed
But now She found not only that Rocker
was guilty, but that he had deceived her
In their marriage, having a wife from
whom he had not been divorced. and a
family of children. living at Dundee.
Mimi. She decided to testify against him
and as a result appeared in the trial and
dramatically condemned her husband as
guilty. This more than any other testi-
mony tended to convict him: in fact. 1t
Is doubtful If u conviction could have been
secured without her evidence. An indict-
ment is hanging over her for completely
in the crime but 1t is doubtful il She viii
be prosecuted.