Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1918-05-30

the lapse of time-nearly siXty-six
years-it was during the summer of 49,
81. I was then 8 years old. The brick
court house on the public square had
not been built, the old Methodist church
had not been built; except forthe base
ment, which was covered by temper
airy roof, and Sunday services were
held therein; and during the summer a
term of the circuit court was held in
this basement. The Honorable Charles
H. Larrabee was at that time circuit
Judge, George Mertens was then clerk
of the court; and I believe that David
Munson was sheriff. I remember dis
tinctly that my old neighbOr, Truman
J. Wood, was foreman of the jury,
Nelson W. Wheeler, Esq, "Nelse"
as he was Familiarity called, then a ris
ing young lawyer; I do not think he
had been in practice more than year,
was district attorney.
This was the case of the State VS..
Osborne, Osborne was indicted for the
murder of an old frOntiersman, or
"sQuaw-man" who went by the name
of Hunter Davis He was one of those
advance agents of civilization, whose
race is now nearly extinct. Their class
embraces the old French vOyageurs,
the Daniel BOOnes, the Davy Crocketts,
and the hunters, trappers and sQuaw-
men Of the frontier. They tOiled not,
neither did they spin; but, on the crest
of the wave of immigration, they fol-
lowed closely the red men in their re-
treat before it. Subsisting by fishing
and hunting, they did not deign to earn
their bread by the sweat of their brOws.
But when the tiller of the soil came
and occupied the land built homes,
churches and school houses, they fol-
lowed the red man to the land Of the
setting sun.
The locus i'm quo, the place where
the homicide was alleged to have Oc-
Cured, was on a country road some
where within a mile or two of New
port. Newport was on the west bank
of the Wisconsin, within a mile or two
of DeltOn. Newport, as old settlers
remember it, was built on the line or
the Milwaukee & La Crosse railroad,
as the same was first located When it
became known that the railroad was
located to that point, town site promOt-
ers got busy, and the new town grew
UP like a mushroom, for, of course, it
would be the biggest town on the west
bank of the Wisconsin river. 1t came
I'D like a mushroom. 1t grew and
fourished for a summer. But, alas!
In the fall when the graders and track
layers came along they built the road
on the east bank Of the river, went on
to the foot of the Dells, and crossed
the river at Kilbourn City, thus making
that town the biggest town on the east
MnWnOYt
off the maD. l remember that most OF
the towns best buildings were moved
to Delton and elsewhere. Some Of the
finest of old NewpOrt's finest residence
es were moved to BarabOo
I do not now remember what the
cause of the quarrel, that resulted III
the homicide, was. In fact do not
remember that I heard the testimony
Of the witnesses. I know that did not
hear all of it. But [ remember dis
tinctIy, that | heard the arguments OF
counsel: the judges charge to the
Jury. their verdict rendered; the poll
ing of the jury; and the speech or the
prisoner, made before receiving MS
sentences; and the sentence OF the
court. I can rmember the summing up
of the case Of the state, by the district
attorney: and especially his comments
on the testimony of one of the Witness
es for the defense. AS I remember, the
Onlv defense relied upon by the defend
ant was that of self defense. l think
they had tried to show that the de-
ceased had threatened to kill Osborne; ;
that the prisoner had been living IN
fear of Davis for som time prior to the
homicide. At any rate, witness had
testified to having met the prisoner, IN
NewpOrt. on the day of the homicide,
that he the prisoner, had appeared to
he very much excited, and very ner-
yOus. and was perspiring freely. 'Nelse,
was quite sarcastic in his comments
upon this part Of the witnesses teStl-
mOnv 1t appearing from this witness
es' testimony that it was warm day
in July: that the prisoner had walked
in to Newport that morning, distance
Of two or three miles; that when the
witness met him he was somewhat
excited" and "sweat a little" "Nelse"
said this story of the witness was re-
markable; that it was ''WOndrOus
strange" or words to that effect" that
IN warm day in July, after walking
q few miles in the hot sun; that man
SnOuIQ SEEM iii t4AC AGAAAS CACeS - 49,
witness somewhat excited, and should
"sweat a little" And finally he, "Nelse"
thought that if the defendant had lam
in q fence corner, watching for his
neighbor until he saw him coming
quietly and peaceably down the road
and had then shot and killed him; that
under those circumstances, it might
not have been so remarkable" or SO
"wondrous strange" after all, that ne
should "seem somewhat excited" and
sweat a little"
At the close of the summing up by
| the district attorney, the judge instruct
ed the jury. His instructions were
brief. I think it was plain case OF
murder in the first degree; and there
were no intricate questions of law in
yolyed. | was there when the jury re-
turned into court and rendered their
verdict of Guilty" I remember that
the jury was polled. | remember the
calling of their names by the clerk.
George Mertens had not at that time
been very long in this country, and he