The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-16
FEAR OF A MOB.
Sheriff Of Jewell County Brings
Murderer to Topeka.
Harvey B. Wadleigh Killed an
Aged Couple.
WAS TRIED In COURT.
Acquitted on the Ground of
VAS TRIED In COURT.
on the Ground OF
Insanity.
Refused admission to Asylum
Then Adjudged Insane Here.

With the whole county incensed al
most to q point of mob violence, Sheriff
Charles E. Sweet of Jewell county and
DR.. J. R. Kirk, sworn in as deputy for
the occasion, hurried Harvey B. Wad-
leigh, a murderer, from the Jewell
county Jail at 1880 o'clock this morn
ing and arrived with him in Topeka at
Z 80. over the Rock Island.
At daybreak on the morning of jan
uary 26, WadIeigh, a farmer about SO
years old and single, who had lived
with his mother and sister on a farm
near Weber, went to an adjoining
farm where lived an aged couple, Will
liam A. Bales and his wife, who had
been the closest friends of the Wad-
leigh family. Calling the old man Of
20 to the door, WadIeigh shot him
through the left breast with shot
gun. The old man fell dead and Wad-
leigh, walking on into the house, jam
med the gun against Mrs. Bales neck
and fired the second barrel. She, too,
died instantly The old people had
just finished breakfast. He shot at a
boy employed on the farm but did not
kill him.
The murderer returned to his home
and said he had gotten them both" s.
His arrest was made the same day.
The man appeared to be insane.
Sheriff Sweet had known him all his
life and knew the old people were his
best friends. A complaint charging
lunacy was brought in the probate
court before Judge G. E. Winkler, but
the people of the community were go
loud in their protest and the entire
county throughout which the Old
couple were known, became so enraged
that the insanity case was dismissed
and a murder charge brought in the
district court.
The district court trial began last
week and ended yesterday morning at
$3.50 o'clock, when a jury returned a
verdict finding Wadleigh insane and
therefore not guilty of the murder.
Feeling immediately became intense
and there was talk of a lynching. Peo-
pie of the immediate Bales neighbour
hood were said to be at the head of
the movement
I'VE have never had a lynching
there" said Sheriff Sweet today. ct
live in the Jail with my family and
well, didn't care to see one. I don't
know what L would have had to do.
didn't want to find out, sc we brought
him down here"
Sweet brought a commitment. from
Probate Judge G. E. Winkler, drawn
up last evening on the strength of the
district court finding of insanity, and
committing Wadleigh to the state hos
pitaL Whether the judge thought this
sort OF procedure regular or not is not
known.
At any rate, it is not, and the state
board of control refused to admit
Wadleigh on such an order. The pris-
oner was left at the county jail and
advice sought.
The board of control agreed that
Wadleigh could be tried in the Shaw
nee county probate court for his SAN
ity A commitment to the insane hos
pital must follow a jury or commits
sion finding in the probate court.
The lunacy hearing began at 2
o'clock this afternoon before a lunaey
commission of Drs. L. A. Ryder and
Q. P Davis. DR.. H. H. Haz1ett is the
examining physician and Geo. A. HUI
ron is attorney for the defendant.
Judge Pro Tenn H. x. Devendorf pre-
sides.
The new law providing a hospital
for the criminal insane in connection
with the penitentiary has been signed
by the governor, but is not yet in eff
feet. When this law becomes opera
tive such criminals as Wadleigh will
be imprisoned there in place of at the
insane hospitals. Wadleigh has not
been violent in the county Jail here.
When Sheriff Sweet removed his
handouts he begged that they be left
on so that the sheriff, whom he calls
his last friend, would return some
time to take them off and he would
get to see him again.