The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1910-05-13

stAntly struck him several ttInes,
causing him to stagser back and fall
heavily. bad followed Sweeney
hastily and n Beasley fell and
Sweeney seemed about TO continue hia
attack jumped forward, crying:
Don't kick him. Sweeney and thrust
him away. at the same time stopping
to pick up the fallen
Following the instant al Reasley's
fall \ woman In a window Of OF
the houses ear by screamed 'rolice,'
the effect Of which. In q neighbor-
hood which did not require much
waking up. was TO cause . crowd to
gather rapidly.
In the effort 10 raise Reasley I had
lost track Of Sweeney and. fearing ar
rest for disorderly conduct and pos-
sihly assault. | pushed through the
thrnng ard started 10 run away. was
intercepted by an approaching police
man and brought back 10 the place
where Reasicy lar.
On circurstansiai Evidence.
The latter being unable to arise,
several other officers kneit down. ex-
amined him hastily. searched his
pockets. turned them outward. and I
was ~thereapon taken TO a police sta
tson. a charge Of simple assault being
made against me.
IN the morning was arraigned In
The Fftyserenth street court, and.
lacking sweeney's testimony TO clear
me. was In the act OF paying a $40
fine for simple assault. as the easiest
way cut OF a bad job, when word was
received Of R~easley's death and | was
held on The charge of homicide. This
Is the plain. true story of the whole
transaction"
And pssnssaking investigation
made since then has proved. AT least
TO me. that Nise's story is true.
But why In the name of justice was
not all this brought cut at the time
when Wise faced a jury of twelve good
men and true. who held his life in
their hands. The answer liz a simple
cne now.
When Wise Was on trial his lawyer
pleaded with him 10 tell the true
story He refused. I have asked him
since why be refused.
Il thought" Wise said to me. that
! could not be- convicted, and even IL
] should have had luck the worst I
could get would be q conviction for
assault-cersainiv not more than man.
slaughter. stood ready I o go TO
prison rather than tell on q friend.
Sweeney had escaped. They never
caught hira- But when 1t became a
question of going to the electric chair
] had TO tell TIE truth. and | did. That
IVES the difference.
There is on file In Albany today a
significant letter to be written by a
pablo prosecutor. This document 10
which ! refer bears the signature OF
5cAn r. Mcintyre. who was In charge
CT Nlses prosecution. / Was present
when the foreman of the jury an
nounced the verdict of guilty In
Nsses case. No man was more as.
founded al the verdict than was the
VERY man who had presented the peo-
pies case. Here lis what Mr.. McIn-
tyre has written on the jury's findings
In the Wise case.
Victim Of Public Opinion.
AT the time of the trial there had
been q number of highway robberies
upon the shoroughfares Of the city of
New York. nj which the public mind
A.a~n ~r roxxs rn.arh srNn~nA .ra $3.50,
the trial OF the accused man Ii ap
sseared that be was In company with
one Who. II was said. assaulted an
other for the purpose Of robbing him
UPON the streets OF the city. felt at
b time that the intense feeling then
existing had reached the jury box in
b cas- OF Wise. which accounted for
what | regarded rs q very unusual
verdict in bis n
Il am informed that an application
has been made for q pardon. which
Application 10 nov pending before you.
IL you will permit the liberty. / would
state that | believe that the ends OF
justice have been fully served In this
case and that IL woald be quite con-
sassens N this time to commute his
arl Imprisonment TO q term OF inprison-
raent that would equal the maximum
punishment for mansisaghter In the
First degree. which. If / recoliect
Alright. In twenty years. II is my i'm
preston that Wise has already been
IN state prison some ten or twelve
years. and had he been convicted OF
Enxa&Isughser in the hrst degree lie the
frss instance and sbe maximum pun
ashrnsnt imposed. lie would DOW be
about ending his term OF imprison-
meat
~ ire meantime Wise remains be-
a.n1 prison bars. And when az the
enc CT q DAYS work tits ccsnvic.s In
the gloomy old prison OF the banks Of
the EaasoZ answer the coani, Warden
Frost Knows that he has al least one
innocent raa2 under his care.
WILL he ever Re granted his freedom