Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1904-01-29

ing, when this affair occurred, hungry,
cold, irritable, having inquired their
way within half hour of the act at
MeehansS camp, where Fenner deli
berately appeared In the open light
asking his way, that in the row which
rose under the circumstances set forth
plainly and frankly in Fenner,s state
ment In the midst of the storm and
snow. Fenner fired and killed Mr..
Hesler in hot blood and on the fevered
Impulse OF the moment.
cannot 90 into the details of this
save to say that in every detail, every
circumstance, weighed in reason and
in fair sense with the new facts now
before US, which were not then in the
case, the evidence establishes that
this murder was not cold b!ooded.
premeditated designed crime. it was
one of those rash, hasty, perhaps
unreasonable and yet ever recurring
affairs. that come into the life of men
OF high ideals and of ,yirtuous prin-
ciples in every other way.
Could Judge Gaynor or any man
familiar with these facts have lis
tened to the frank, clear, statement
or Fenner made to me and earlier
made to the prosecuting attorney in
the case, l know that his enthusiasm
in favor Of Fenner would be as marked
as his opposition seems now to be
George l.. Williams. whose reputation
for integrity is established in that
community as in my own and whose
attitude prior to the hearing of
Fenner'S statement in this matter is
we'll known, after listening to the
statement made by Fenner is pet
suaded that the ADMINISTRATION of jus
tice demands the communication of this
sentence. The letter herewith
handed to you was written by him
and banded to the sister of Marvin
Fenner so that she might have a per
manent record of his convictions and
Of his Judgment in the matter.
| can we'll understand that guided
by the impressions established AZ
! before mentioned twenty years ago
those impressions became deeper and
deeper through the years, but it seems
to me that. at this time in the light
Ut the fact that this stands as thu
only criminal act against a clean lif,
. Of 43 years, clean before this act ard
clean after this unhappy and tragicaI
burst of anger, in the light of The
agony, pain and suffering which has
been endured for a period of over
twenty years, Judgment upon these
facts should be established with kind.
! ness and with forbearance.
Fenner has suffered with patience
and with fortitude, his record ha,
been an unbroken one of sacrificin.
service and loyalty to the state. S,
marked has this been that ever,
warden tof the states prison during
his period of confinement has ia som.
form expressed to the governor hi.
! approval of the pardon asked. Among
T these Warden McClaughry writes /;
very strong letter, as strong as can: b,
put in English insisting that hi,
? observations of the mans characteI
entitled him to pardon.
i There is no maudlin sympathy asked
there was at the hearing no maudir
, sentiment expressed, merely the
request that the record of this mai
should be weighed as a factor togel hei
!, with the other factors in the case in
! determining whether it was possibl,
J in the light Of all human reason for d
man of his character to have designcc
in cold blood the murder with which
he stands charged.
1t is but fair to know that 10 this
matter Fenner never would hav,
applied for pardon himself were il
not for the persistent appeals of bis
family. and that his silence for twent,
years was to give to them the benefits
OF even the meager doubt which ht
believed existed as to his guilt. The
effort for this pardon has been inspired
by the firm conviction that this i,
not murder in the. first degree thai
| committed as it was in the moment