The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1915-09-18

days had bcen spent IN the case, in pre-
liminary examination and court trial. /
The Cease Made for Supreme Court /
constituted two big volumes of long
pages In typewriting, and contained
nearly, or quite, 1000 pages. 1t was
paid for by Ellis County, as Bills
money and property had disappeared
somehow. Those volumes were, for
long time. lying in Supreme Court
files at Topeka; and were brought back
to Hays for Charles trial. The Court
house burned and those volumes disap-
peared in smoke, hence this writing
On March 31st, 1882, David Rathbone
was County Attorney of Ellis County;
and on that date Charles Stackhouse
was arrested in Wilkesbarre, Pennsyl-
vania, where he had been living since
leaving Ellis County. Sheriff Howard,
with a Kansas State requisition upon
the Governor of Pennsylvania, went to
WiIkesbarre, and politely escorted Char
/ ley back to Ellis County. He immed-
/ lately repaired to the Office of Nellis &
Reeder and engaged them to defend
| him in Court. He had fifteen hundred
dollars and forty-three cents, and urg-
emily solicited the legal firm to take
and hold for him for ninety-nine years,
or more, the fifteen hundred dollars;
| but that he wished to keep the forty
three cents to buy tobacco and chewing
gum. The legal firm kindly consented
/ L. IL
/ began to do so.
Court converting at Hays, with Judge
/ William II. Pratt of the 18th Judicial
district on the bench, Charles Stack
house was brought to trial upon the
same charge his brother had been con-
victed nearly three years before. The
testimony was practically same as in
fBills" case. Charley was very deaf,
almost as deaf as NeIlis is now The
jury returned verdict of Not Guilty. 3"
Charley now happy man went with
his attorneys to their Office. Reeder
asked him as follows: ''Now Charley,
you are a free man, tell US, in conf
dence, did you shoot at the time Ripple
was killed." Charley answered Eyes. :"
Nellis was at his desk writing and heard
the answer. He said nothing but de-
termined to get "BiIl' pardoned, if
possible. He had prosecuted to con-
viction the wrong man; and he helped
defend to acquittal the wrong man, so
he thought.
Soon afterward he removed to To-
peka; and a convenient opportunity
offering, he went to Leavenworth and
held a conversation with William
Stackhouse in the penitentiary. At the
close af the seance "BilP' stood up,
and raised his hand as though being
"sworn" in Court, said GAS God hears
me did not shoot Ripple
A petition for pardon was presented to
Governor Click. Nellis was an ardent
republican. Click was an ardent demo-
crat. The pardon was refused.
In April, 1889, another petition for
pardon of William was laid before the
Board of Pardons, they kindly listened
to the Attorneys remarks; and on
April 26th, 1889, Governor Lyman U.
Humphrey issued full pardon to Viii
liam Stackhouse. He had served 9yrs,
months and 7days in the penitentiary.
Since 1889 Nellis has-been afflicted
with doubts in the whole case, some
times believing ''Bilr' did it and some
times believing that Charles did it. But
all these doubts were swept away in
July 1915, when Mrs. Frank G. Mont
gomery, clerk in charge of the archives
etc., in the State Historical Society at
Memorial Hall, showed him a letter
written by William Stackhouse, in Aug
ust 1881, to Governor st John, asking a
pardon. In this occurs this sentence:
ga man that was concealed behind the
house shouted: Halt, saying some
thing else did not understand, then
came the words: Zone, two, three"
and then a shot. Charles Stackhouse
jumped back toward me, firing his gun
as he jumped, and within an instant of
the one fired from behind the house, so
nearly at the same instant that the
report sounded together" That clear
ed the whole atmosphere of the acct
dental crime Ripple had no gun, and
ne did not shoot-even his broom handle.
Charley fired nervously excited, and
the charge went skyward- ''Bil'
. fired with true aim, and Ripple adjourn
ed to the Spirit land.
William was cute enough TO reload
the extra chamber of his rife, know
ing he could explain the other empty
one by the rabbit episode.
Charles Stackhouse died in Wilkes
barre many years ago, believing that
he had unintentially shot Ripple. Will
lam lived in Wilksbarre, and If still
alive, is 70 years old. Judge Prescott
and Judge Pratt are dead; so is the
Clerk of the District Court, n. B.
. Hedden and also Sheriff Howard. Hon.
Jerry Mohler retired from mortal life
over ten years ago.
The answer to the question at the
head of this story is William Stack
house.