Rensselaer Republican, Volume 17, Number 36, Rensselaer, Jasper County, 14 May 1885 — A Gallows To Rent! [ARTICLE]

A Gallows To Rent!

The Supreme Court Reverses The Judgment, and Wart»icr Must be Tried by a Jury. The State Supreme Court, on Tuesday. considered the appeal in the Wanner case, and reversed the previous judgment, on the grounds that a proper construction of the statutes requires that the case should have been heard, and the penalty prescribed by a jury. The following is a synopsis of the : opinion and ruling in the ease, as given by the Indianapolis Journal of yesterday . . “As anticipated, the Supreme CJourt yesterday set aside the sentence of death on Weibren Wartner, the Jasper county murder. Tho proceedings in the trial court were irregular. Upon a plea of guilty the court, as the finding states, “having heard the evidence and being stillieientlv advised in the premises, llqds the defendant guilty,” etc. Judge Howk, in the qpinion. says: “It is very clear that the judgment is wholly unauthorized, and must be set aside." Section 13 of the bill of rights provides that the accused shall have a right to a public trial by an impartial jury. This is his personal and constitutional right, whieh he cannot waive, as the statute

does not, authorize any such waiver. Section 1821 R. S 1881, provides that capital eases must be tried by jury. The record shows that the accused gwas not tried by a jury-—The court sa\ s iu its opinion tha Errors are of so graved charaeier that he--has-the right to insist upon them as affording ground for a new trial. The case goes ■' back, "and Wartner will be tried under statutory methods.” Sheriff Yeoman had?;- of course,, made all necessarypreparations for-the execution. The enclosure in which it was to have taken place, was built immediately adjoining the ja'd. was abo it 18 feel .high and large enough to accommodate about 200 persons. There' is no roof over it. Tno g.-i Hows jvas erce fed by Mr. J&«», Chamberlain, and is a very perfect —specimen of that kind of appliances. Toe methods of opening the trap ftc. Sre new anil of Mr. Uhamberlain's Own invention. They have been repeatedly Yes ted, with heavy bags, of s tud, and works perfectly. ■ -«♦*- *