The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-28
WALLACE is RELEASED.
Judge Hill Spent Large Sum of Money
and Saved Wallace From GalIows.

/
end Saved Wallace From Gailows-
One of the greatest criminal cases
| ever tried in the state of Kansas was
/ brought to mind yesterday when Q. B.
| White, clerk of the federal court re-
| ceived letter from the warden of the
/ federal penftentiary at Fort 1eaVeP-
worth, stating that Jerr@ Wallace had
been released, after serving his sem
tence Of ten years in that institution,
says the Fort Scott Republican.
] Wallace was tried in the federal court
in this city in 1895 at the May term
and convicted of Hnanslaughter after
having been convicted in former
I trial in the same court of murder in
the first degree and was sentenced to
be hanged.
It will be remembered that Wallace
killed his father-in-law, Alex Zane,
near Wyandotte, Cherokee nation, In
dian territory. The trouble arose over
a fence line. The first trial was be-
fore Judge Williams. in the absence OF
Judge Foster, who was sick. Wallace
was defended by three attorneys, w
man of Baxter Springs and James Fl.
Pratt of NeOsho. Mo. 1t was Il bitter
fight and attracted attention all over
the eastern part of Kansas and north
ern Indian territory. The first
trial resulted in a conviction of
murder in the first degree, and
the prisoner was sentenced to be
hanged in the Bourbon county
jail on the 18th day of Sep
TENDER, 1895. Upon the conviction
his attorneys deserted him and it
be hanged for the lack of interest on
the part of his attorneys. His family
eventually interested Judge Hill of this
city in the case and he argued the
denied. Judge Hill appealed the case
to the United States supreme court
and through that tribunal secured a
new trial. which was held the follow
r~,r
want Judge Williams to try the case,
and as there was no possibility of get
ting change of venue, he wrote a
personal letter to Judge Foster re-
and try the case, stating his reasons
for making the request Judge Foster
consented, Notwithstanding the fact
that he was physically unable to do so.
ter and was fined 81 and sent to the
federal penftentiary for a term of ten
years. The letter which Mt White
received yesterday contained the 81
which had been paid as a fine, and
stated that Wallace had been re-
leased on the 18th of this month.
Judge Hill took notes to the amount
of $500 as his attorney fees in the
case. In the second trial all the other
attorneys We're discharged except Mr..
Pratt of Neosho, to whom Judge Hill
gave one of the notes for $3.50 The
Fort Scott attorney paid out consid-
to the United States supreme court,
and in all spent almost the entire
amount of his $3.50, which remained
after dividing the fee with Mr.. Pratt.
Mr.. Pratt collected his nots but
Judge Hill has tucked away in one of
the drawers of his desk a small piece
of paper which at one time was sup
posed to be worth $3.50, but is not
worth the paper it was written upon.
The Fort Scott attorney got a great |
deal of advertising out of the case. if
he did not get any of his fee. 1t was
one of the most noted cases ever tried |
in the west, and during the trial the |
newspapers were flledl
with the proceedings daily. 1t is con-
coded that it was through Judge Hillss |
efforts that Wallace's neck was saved /
from the hangman's knot.
Walla ce's wife was an Indian wo-
man who had been educated at Has
keI institute at Lawrence, and was
refined and cultured, and considered
quite we'll off. Wallace may come to
Fort Scott to see Judge HILL but the
Judge stated last evening that he
hardly thought the man would ever
hink of him now that he is out of /
he penitentiarx and the note is out
awed several years ago.