Year: 1879

a respite Of thirty days has been granite


by Governor Potts to Marsh and Cable, th


men sentenced to be hung September 5tl


and now incarcerated in the Jail at Benton


These men were convicted of murder Il


the first degree Ct the April Term of th


District Court held in Benton. The evi


dence upon which they we're convicted wa


that given by Joseph Campbell and Michae


Fernsler, who swore ut the trial they hat


seen Marsh aRd Coble murder Farrell OF


the night of February 9th last, by cut


ting his throat and afterwards beating hin


over the head with revolver. This done


the murderers, With the assistance of the


men now serving life sentence in the Pen.


itentiary dragged the body to the river, cut


hole in the ice and buried their victim
| beneath fhe frozen surface of the Missouri


On this evidence two men were sentenced


to be executed and their accomplices, who
pleaded guilty Of murder in the second de-


gree, were sentenced to Imprisonment for


the remainder of their natural life.
| On the 18th OF June last the body of q


man was found on the prairie fourteen
miles from Benton. An inquest was held
and the body Was proven to be that of Far
rell the murdered man. In view of the
manifest false testimony used at the trial,


respite has been granted in order that the
new evidence may be carefully examined.


A reporter Of the NEW NORTHWEST on
Thursday visited the Penitentiary and in
teryiwed the men now serving their time as
accessories to the murder. Fernsler was
first interviewed. He was taken complete
ly by surprise when told respite had been
granted Marsh and Coble and that new
trial would probably result. When asked
by the Warden IL he desired new trial, he
remarked: cas- you think best, SIR"
Fernsler claims that his testimony was
forced from him. That man named Chas.
Eagle dictated to him the language he
should use. Subsequently Capt. Moale
/ visited him and revised his confession on
4two different occasions. He claims TO have
been in bed on the night Of the murder !;
that he did not have an impartial trial, hay
ing had no counsel; he was told by the
Sheriff while on his way to receive SEN
tence, to plead guilty of murder in the Sec
ond degree--that he would not be convicted
on his own testimony, and that he does not
wish to live to know that lie has been the
means Of causing the death of two men for
'a murder of which he knows nothing.
Fernsier is nervous, excitable person and
while being interviewed seemed i'll at ease.


Oampbell is an naltogether different behaved
person. He'entered the office ef the War
den with reckless demeauor, which was
Immediately changed to the air OF an
injured man on seeing q stranger.
Being told by Warden Botkin of the res
pite and the probability of a new trial. he
remarked i" Pm glad Of it; I'll make
one man suffer, sure" He also claimed to
have had his confession forced from him
by the appearance of what he termed ga
false mob. Says he was taken from his
cell at night 70 the law Office Of Judge Dom
nelly. While there the building was quiet


ly surrounded by mob that he was told
his life depended on his confessing his
completely in the crime. He acknowledged
his willingness to do SO, and was then In
structed as to what he should say in SIM
liar manner to what Fernsler had been.
The latter stated he had had no counsel Il
Campbell says Mr.. Kanouse appeared for
both him and Fernsler and contradicted in
various unimportant ways the statements
first made. When asked why he testified
in court as he did, why he did not expose
the means BY which he was led to confess,
be replied : Healey and his gang were


there and I did not dare TO expose them. i"


This ended the interview. That these men
swore falsely no sne can doubt vino will |
lake occasion to talk to them. The replies |
of Fernsler are evidently studied, and he


revolves each question carefully in his mind |
before replying. Campbell is not 80 eau
tous, and hence contradicts himself. But |
heir stories are at variance. They claim |
10 have been forced into confessing az they |
lid, and thereby endeavor to implicate


veil known and reliable gentlemen Of Fort


Benton. A new trial should and win un.


1oubtedly result, and the proceedings will
be watched with intense interest. 1fa1 a