The Norfolk weekly news-journal., 1907-01-18

returned To his own home some forty
or NIFTY rods distant aud huyo remained
In plain sight whllc Wells returned
carrying a gun In his own hand. show.
ing by every act that hc was coming
for business aud would have failed to
remove a plug from tho muzzlc of his
own gun. Tightly clcnchcd In the
right hand of the murdered man was
u FUR cap SChurtcr shot right hand.
ed he could not have handled his
rlllo with his cap clcnchcd In his right
mana. The nature of the wound in the
neck prcCludcd the idea Of his grasp.
ing the cap after Wells had fired the
fatal shot
Could Have Had No Gun.
The inference of the Jury which OK.
amincd into the affair was that Schur.
ter had no gun in his hands ut the
time the fatal shot was fred and that
he hnd been murdered In cold blood.
Ana many Of those present were of the
brlloi that SChurtor had no rifle what.
over In his possession at the time the
fatal shot was fired but that Wells
al'or shooting him went into the sod
house and brought out the rifle and
Iaid IT beside the dead body, emitting
in his excitement to remove the wad.
ding from the muzzlc of the barrel.
Prisoner Escapes
Following the corners inquest came
n preliminary examination before
County Judge Fred Hclmcricll. now
dead 1t lasted several days. Wells
was by order of this court committed
to the Fremont Jail. Habcas corpus
proceedings followed. S S. Garfield
was then sheriff. SubpOonas for wit
ncsscs to appear before the court and
testify were placed in his charge for
service, A deputy sheriff was sworn
in to assist him and to this deputy he
turned over the custody of Wells. The
officer went to dance and got drunk
and on his return Sheriff Garfield
found his prisoner missing.
At the next term of the district court
held in this county by Hon. Samuel
Maxwell, n grand jury duly empan-
nclcd and of which G. NJ. Dcnsmore,
now of Eugene, Oregon, was foreman.
returned an indictment for murder in
the first degree Strange to say, how.
ever, the Indictment and all files and
records OF the preliminary examination
can not he found. The only list OF
persons who were witnesses Is to be
found in the proceedings of the county
commissioners, allowing bills for wit
ness fees.
After the shooting, strange to say,
quickly aligned in two factions. The
one strong sympathizcrs of Wells, the
other strenuous advocates of n rigid
prosecution. But Notwithstanding a
reward Of 5000 was offered for his ar
rest, return and conviction, Wells was
never apprehended. His wife and lit
tie child remained on his farm for
some years after the shooting and then
disappeared The farm was thereafter
sold and a deed which purported to be
duly executed by Wells and his wife
was placed on record. Later Judge
Crawford, then presiding Judge of the
district, entered an order directing the
case to be prosecuted without delay
and that if possible Wells be appre-
hCnded.
Told Wife Of Murder,
In 1873 Mrs. Schurter, the widow Of
the murdered man, sold her farm, the
scene of the crime to Stanton county
for poor farm and returned to Eng
land where later she died in an aims
house. At the time of the murder she
was in the city of Stanton and received
her first information of the crime from
the mouth of Charles Wells as he met
her on the road, she returning to her
home, and he on his way to town to
give himself up. Mrs Schurter was,
prior to her marriage to Schurter, an
English woman, and at one time was
a domestic servant in the household OF
Queen Victoria, Of England
Thirty-four years have passed since
the crime was committed. Many Of
those who were active in behalf Of
Wells and also in behalf of the pros
ecuton have passed away. 1t is said
that Mrs. Wells is dead. The senti-
ment as to what ought to be done is
still divided The board of county
commissioners in session here today
took occasion to pass the following
resolutions:
Whereas, 1t is reported through the
columns of the public press that one
Charles Wells has been arrested and
is now in custody in the state of Vir-
gnia, and the subject of his eXtradi-
tion is now under consideration by the
officers of this county, on the charge
of having murdered David Schurter in
February, 1873;
Therefore be it
Resolved. That it is the sense of
this board, in view of the lapse of time
and the altered circumstances that
the eXtradtion and trial of Charl
the eXtradition and trial of Charles
Wells would at the present time be
and we therefore request