Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-03-03
MURDERER MCDONALD
GOT LIFE SENTENCE
Schnerring Case Dropped For
Lack of Jurisdiction.
SoIIie Oates Drew a Jail Sentence of Five
and One Half Months
Court News.


sweetheart, was brought before Judge
Clementson Wednesday evening to
plead guilty to the charge against
him. Mcdonald carried rather an
air of stoical indifference and merely
answered the questions asked him.
Apparently he did not realize the
enormity of his crime.
The sentence quickly passed by the
court was that he should pass the rest
of his life in the state penitentiary,
the first day and each seventeenth day
of February thereafter being in
solitary continent ent, the remainder OF
the period to be at hard labor.
Ed Schnering, the Cassville youth,
who was to have been tried here in
circuit court last Wednesday on a
charge of assault on female under
is years, may have to face the music
in Clayton County, Iowa instead of
in Wisconsin.
Some interesting points of the law
ale involved in this case. The
OH6uS5s IL III was OOuAAIOOOg IOOh
place upon a houseboat permanently
anchored, for the time being, upon
a sand bar forming a portion of
what is known as Twelve Mile
island in the middle of the
Mississippi river near Cassville
Generally speaking, the middle of
the river channel is considered the
dividing line between the states of
Wisconsin and Iowa. and both states
have concurrent jurisdiction in the
matter of offense against the law,
upon moving boats, in which it would
be difficult if not impossible to
determine the exact spot on either
side of the imaginary dividing line
where the offense took place.
District Attorney CIementson had
made very thorough investigation of
the subject since the case came
into his hands, and became satisfied
that the court IN this county had no
jurisdiction in the matter, and so
stated when the case was called last
Wednesday. Schnering had been ar
rested by a Cassville officer, Marshal
Greenwood. The recent changes that
have been made by constr uction work
on the river, in the way of wing
dams, has so diverted the channel that
this portion of Mile Island is
now on the Wisconsin side of the
dividing line. 1t is an unquestioned
fact however, that this island has all
along been understood as belonging
to Iowa, and taxes have been regular
IL assessed upon it and collected by
Clayton county, Iowa, and that it
was on the Iowa side of the channel
line when the offense was committed.
Upon presentation of these facts
the judge held that any action taken
in this court would be futile and
without jurisdiction, and the jury,
after being infomed of the situation
was discharged from consideration of
the case.
The Oates case awakened great in
terest and the court room was crowd
ed during the progress of the trial.
The facts of the case are too we'll
known to Herald readers to require
repetition.
As Oates had no means to
secure an attorney Ed. M. Lowry was
appointed by the court to act for the
defense. District Atty. Clementson
appeared for the state. The jury was
drawn as follows: Sherman Hill,
Chas. Benson, George Starrett. Harry
Russell. John o. Postel, Thomas
Harker. Henry Knoke, Fred Bennett,
Emil Schwer, Clarence Lee, Herbert
Dexter and Dan Leamy.
The main line of argument of the
defendants attorney, was that Oates
merely acted in self defense when he
struck Mr. Nichols and that the latter
was the assailant. The following
witnesses besides the parties concern
ed testified: Al Lowell, Sam Bevins,
Chas. Perkins, Fred Day, Doctor J.
Godfrey, 4. E. Lewis.
The testimony occupied but short
time and at 10 the jury retired. 1t
was not however until 10:-that they
brought in their verdict of guilty of
assault but not assault with intent TO
do great bodily harm.
Whether any verdict at all would
have been rendered in the case, dur
ing this term of court, is doubtful
had not the court given the jury
certain instructions which brought
them in quickly.
The case of injunction of the Grant
Co. Mining Co VS.. Wis. Zinc Co. ct
al came before the court Friday
afternoon and Saturday morning.
The first named company disputed