The broad ax., 1924-03-08
DALTON AND WILSON TO ASK
FOR SUPERSEDEAS,AND
NEW TRIAL
An Interview With Attorney MolIison


conviction and sentence Of Ed Dalton
and Henry Wilson, who were con-
victed Of numbering Policeman skiba,
that a representative Of The Broad
AK. wishing to learn the facts
about the case. called upon the law
firm Of Mollison & MolHson at their
Offices, 1874 West Washington street
and asked just what the evidence
showed and what i to be attempted
to be done in the matter Of an appeal
to the Supreme Court. Col. Willis
z. Mollison, who did most Of the
work Of the trial, made statement
which follows:
The killing of officer Skiba, while
very unfortunate was not murder.
The evidence in the case was on most
points undisputed, and | am taking
the worst view possible when l say
that Dalton and Wilson were not
guilty of murder, and of course ought
not to have had the death penalty in
fiicted by the verdict. 1t appears that
Ed Duncan, Lucius Dalton and
Henry Wilson entered into con-
spiracy to rob some stores in South
Chicago. Duncan robbed an A. & p,
store while Wilson stood outside and
watched. Dalton robbed an adjoining
Butcher shop. After this enterprise
was over Ed Duncan went one way
and Dalton and Wilson walked away
in another direction to 60 home
Duncan was mile from the scene
Of the shooting, and knew nothing Of
it until the next morning. Duncan's
counsel advised him to plead guilty
and he was given a life sentence
With that we have no concern. The
merchants who were robbed tele.
phoned for the police and among
those who responded were officer:
Lamb and Skiba.
Descriptions were taken and the
officers started out in a fiivver. Two
men were seen walking along the
street, about a mile from the scene oil
the shooting, and believing the de-
PENDANTS were the ones who had com.
mited the robbery, the officers opened
fire upon them. One of the men fired
in return, and officer Skiba fell at the
first return shot. Officer Lamb says
that Skiba was out standing in front
Of the fivver door and he himself
could not get to shoot without en-
dangering his companions life He
finally stepped out and received the
bullet would in his foot, in the mean
time shooting at the fleeing men.
Dalton and Wilson say that moth
ing was said by the two men, who
were both shooting, to indicate that
they were police officers. The officers
were in semi-dErEness and the two
defendants were in the light, accord
ing to the statement Of officer Lamb.
"The purpose for which the two
men formed the conspiracy was ac-
complished, and there had been no
necessity for any act to further the
conspiracy. Both men testified that
they were on their way home, that
they had no idea of seeing any officer.
They testified also that they knew
nothing of the fact that the man kill
ed was an officer, until the next morn
ing, there having been no warning
except the fire from the pistols and
the whizzing of the bullets. The court
held throughout that the fact that
the men had conspired to rob, made
both responsible for the act of any
one of the conspirators, and by in
ference, no matter how far away it
was in distance, or how long in time
| contended that there must have
been a doubt Of the formation Of an
other enterprise as the first one was
done. Anothr contention Of mine in
which the Supreme Court Of Illinois
concurs, that the conspiracy is at end
when the purpose for which it was
formed had been accomplished An
other contention is that there had
been no time for deliberation and at
most Of the crime could not possibly
be more than manslaughter. But the
presiding Judge could not see it that
way and refused an instruction de-
fining manslaughter. A hanging under
the circumstances is so shocking to
the conscience that shall do what /
can to get these men new trial with
the law of the case settled, in advance
of new trial. | was appointed to
defend Henry Wilson, while Mr..
Jeptha Hardin was employed by the
relatives to defend Dalton. OF course,
defended Dalton with the utmost
vigor, altho / was not specially his
attorney"
Asked if any one is doing anything
to aid these men to get up money for
the appeal, Col. Mollison answered:
II understand that some effort is be-
ing made among the churches and the