Rensselaer Republican, Volume 18, Number 10, Rensselaer, Jasper County, 12 November 1885 — FIAT JUSTITIA! [ARTICLE]

FIAT JUSTITIA!

The Trial is Concluded am Sentence Pronounced. The Verdict is “Guilty,’’ and the Penalty is Death. . The most important trial ever held in Jasper county, came to an end when the jury brought in their verdict, a little after noon, last Sunday. The trial proper, that is the taking of evidence and the arguments of counsel, occupied the time of the court from Wednesday noon until nearly noon on Saturday. Of course in a case of such magnitude, it would be impossible for the resources of a country newspaper to give more than a mere abstract of the trial. In vie v of this fact, that is, the necessity of abbreviating the report of the trial, we shall not attempt to give the testimony of each witness in detail, as this would necessarialy involve a vast amount of repetition as to the main facts of of the evidence, all of which were testified to by numerous witnesses. In place of that, we shall give a brief history of the crime, as developed in the late trial, and premise by saying that the truth of facts stated was not denied nor in any manner controverted by either party to the trial.

Weibren Wartena, a native of the maritime province of Friesland, Holland, came to this country, with his ramily, in the spring of 1883. He lived near Pullman, near Chicago, in Cook county, Illinois, one year, working in a shop of gome kind, and as a hand on a farm or market garden. In the spring of 1884, moved to Keener township, in this county, and, after living for a short time on an island in

the Kankakee river, moved into an unocupied house about 1 mile from the station of DeMotte. He sought to make his living, mainly, by fishing in the river and peddling the fish, though sometimes working for his neighbors by the day.' The family were desperately poor, and, doubtless, often in actual want The nearest neighbor to the War tena family was John Greger, a German, who, though still young, was a widower, and lived alone in his house on a farm of 40 acres. He was an unoffending and most amiable man, “without an enemy in the world,'’ and, moreover, was a very liberal friend of the Wartenas’, and often gave them assistance in various ways. He owned considerable personal property, and live stock, and among the latter several good cows, the milk of which he freely gave to his neighbor, Wartena. Some 2 or 3 months before the crime was committed, Wartena began talking to his neighbors of a check for $400 which he soon expected to receive from Holland, and of his intentions of buying Dreger’s personal property. On the 8th of October Greger, after much solicitation on the part of Wartena, borrowed a light wagon of a neighbor named Brooks, and hitching his (Deger’s) team to the wagon started with Wartena, for the river, a distance of 2 or 3 miles, to bring home some fish the latter said he caught and left there. Before starting Wartena loaded his double barrel shot gun, and also placed in the wagon two old iron pumps which he had picked up some place in the neighborhood. The two men started from Wartena’s place about 2 o’clock in the afternoon.

The events of that fatal journey, are known’ from Wartena’s own confession, (heretofore published) and from corroborating circumstances. The country in which these two men lived is thinly settled and most of it still unenclosed, and largely covered with timber and dense underbrush. The place on the river to which they drove is wild and lonely, surrounded by trees and willows far from any human habitation, and where, ordinarily, the sound of human voices is not heard once a year. Driving up to the river bank the two men got out of: the wagon, Dreger being the first to alight, W artena followed with gun in hand, and in less time probably than it rerpiires to write, even in this bald brief manner, the story of this fearful deed, the gun was clubbed and Dreger felled to the ground, sensless by a blow across the head. The force of the blow broke the gun at the locks and left a long, jagged point reaching backward from the breech With this long point the ill-fated man was stabbed in the neck, below the ear, again and again, until life was extinct It had been the intention of the murderer to shoot Dreger, but finally, for fear of attracting attention by the noise of the report, he cruelly and barbarously man-

gled him io death in the manner described. As soon as Dreger was dead, the murderer took the rope halter from the horses, and tied the iron pumps firmly to his victim’s back, sunk the bod/ in the river, removed all vestiges of the horrid deed, got into the wagon and drove back home. Arriving there he immediately took possession of the murdered man’s property and removed it to his own house. Horses, cows and other stock, household goods, everything, even to the deceased wife’s clothing. The new suit of clothing belonging to Greger, he buried so cunningly that afterwards they were found with the greatest difficulty even when he had described the place where they tvere hidden. To the neighbors he gave out that

he had bought all of this property for $375 and giving therefor a draft for S4OO and said that Dreger had, on the morning after the trip to the river, started for Chicago to get the draft cashed, with the promise of returning the extra $25. Three weeks passed by. The neighbors and friends of the missing man, 4 relatives he had none nearer than the parents of his dead wife) wondered that he should have left in so sudden and unaccountable a manner, while the murderer often spoke of the $25 Dreger had failed. to repay him. Whatever the neighbors may have suspected as to Greger’s fate they could have no way to prove that ie was murdered or fasten tfie crime'upon Wartena, but for one

fatal error. The weather was unusually warm for October, and the murderer miscalculated the buoyant power of the body after it had lain in the water for a few weeks. The pumps were not heavy enough ;o hold the body down after the process of decomposition had distended it with gas, and on the last (ay of October a man rowing his ioat into a secluded bend of the river, in search of favorable places toset traps, was horrified to discover the body of a man floating, face upward in the liver. Many of the subsequent events are too familiar to our readers minds to require repetition. Such as the identification of the body, the inquest, the arrest of Wartena, his final confession, the finding of the suit of clothes, his plea of guilty in January, his sentence by Judge W ard, the action of the supreme court, the continuance of the case in June, with the plea of “not guilty” with a special plea of insanity, entered for him by his counsel, at that time.

the trial. The courise! for the defense did not, in any way, seek to deny that the defendant committed the crime with which he was charged, nor to excuse or palliate the dreadful and brutal nature of the deed; but devoted all their efforts to the object of securing a life sentence for their client, on the ground, principally, that the evidence they produced was sufficient to raise a doubt of the prisoner’s soundness of mind.

WITNESSES FOR THE STATE. In giving their direct evidence, the State produced the testimony of the following witnesses: S . P. Thompson, Alexander Tyler, J. W. Haan, Daniel E. Fairchild, P. F. Feldman, Witsey Punter, Albert Brooks, Chas. Dolson, Ben. Dolson, O, P. Robinson, J. W. Douthit, John Kosky. J. W. Gant, C. O. Spencer, Many of these witnesses were neighbors of both the accused and the deceased. By their testimony the facts in the proceeding general statement were fully established. They also proved the very amiable and kind disposition of the murdered man; identified the gun by which the deed was done, and the pumps which were attached to the body; told how the hidden clothes were found; and some of them of conversations held with Wartena in jail after his confession; and of his account of the. killing, and his reasons therefor, which was, as he stated, because he was very poor, and wanted something to feed his children, The confession, made in December, and heretofore published, was put in evidemce, and read by Mr. Douthit. The gun and pumps were produced in court, and inspected by the jury.

’ THE DEFENSE. The pro; ecution rested their case Thursday afternoon. The first witness ior the defense was Capt. Babcoca, attorney for the prisoner. He, of course, had had considerable opportunity to observe the prisoner. From various circumstances, especially the difficulty he had in bringing the prisoner to understand his desperate situation; the fact that even after he had acted as his attorney at the January trial, and had seen him several times the prisoner failed to recognize him; the trouble he 1 had in getting any kind of satisfaction or information out of the prisoner, the witness gave it as his opinion that the accused was a mag of weak understanding, unable to appreciate what men ordinarily understand, and though not

exactly insane, bat of weak and unsound mind. The witness was examined and cross-examined at great length. By admission ot the Prosecution it was then put in evidence that if a certain physician in the province of Frieslam were present in court he would testify that he Was the family physician of the prisoner’s father, and that his, (the prisoner's) mother was a nervous, weak minded women, and that he had treated one of prisoner's sisters for insanity,

The prisoner’s wife then gave evidence. She testified as to former place of residence, how long in this country and in what places . also as to poverty of family, kindness of Drdger, and as to facts indicating unsouadness of pris- 1 oner’s mind. Said that two sisters hat 1 been insane, that prisoner often talked to himself, said strange things sometimes, as once proposing to dig a hole in ground for family to live in, and that once he had got lost in going home from work at Mr. Feldman’s place. At Pullman he talked, laughed to himself, and acted silly. They have five children, 2,4, 8, 13 and 15 years old. One boy learning blacksmithing with L. C. Grant, one with old Mr. Ponsler, herself and other three live at poor farm. Husband always slept well, worked well, ate well (when he had anything to eat) and felt well, except often complained of pain in head.

Sheriff Yeoman testified as to good conduct of prisoner in jail &c. Dr. J. H. Loughridge testified to having visited prisoner in jail and made examination of his condition. Seemed to be under great mental excitement but did not think he was of unsound mind at the time. In answer to a hypothetical question as to what he thought might be the mental condition of a man whose mother was weak minled and nervous, whose sisters had been insane, and who talked and laughed to himself, talked of digging hole in ground to live in, and got lost in the woods, and the answer-was that he was probably insane. The witness amined at great length??- * •

REBUTTING TESTIMONY In rebuttal of the evidence of the defense, tending to establish unsoundness of mind, the state called Drs. Hartsell and Washburn, both of whom had visited and examined prisoner on several occasions, and both gave the opinion that he was of sound mind. Like Dr. Loughridge they were examined and cross-examined at great length, especially Dr. Washburn. Jailor Gant was also kept on the witness stand a very long time, he had had the immediate care of the prisoner much of the time since he has been in jail. During the first months he seemed natural enough, and ready to talk with whoever came in, but, afterwards, he be came morose and silent when B,raftgers were present, though always ready to talk to the jail officers when strangers were not present. Gave it as his opinion that accused was of sound mind. P. F. Feldman explained that at the time prisoner got lost, it was in going home from his house, after helping make hay. It was late at night, dark, and roads indistinct and misleading. Had a good deal to do with prisoner, and thought him sane. S. P. Thompson recalled, and detaled the considerable experience had with prisoner, and gave opinion that he was sane. O. P. Robinson who had care of prisoner in ,jail, testified to general conduct and conversation, and gave opinion that his mind was not unsound. David E. Fairchild, of Keener tp., testified as to prisoner’s good business capacity, conversation, conduct &c., and was of opinion that mind was sound. Ex-Sheriff Powell had seen much of prisoner, also of insane persons, and thought him of sound mind . J. W. Haan and C. O. Spencer, of Keener, testified as to considerable acquaintance and business dealings with accused, and both thought him of sound mind.

THE ARGUMENTS OF COUNSEL. The taking of testimony was concluded shortly after noon, on Friday. The arguments of the attorneys then begun. Mr. Marshall opened tortjhe prosecution, and spoke for about two hours. Mr. Dwiggins followed for the defense with a speech of about the same duration, or somewhat longer. The court then ordered a night session at which Mr. Babcock closed for the defense in a speech about hours iu length. Saturday morning Mr. Walker closed for the State, and spoke about 1 hour and 40 minutes.

jfcWant of time will not permit ns to speak of the arguments in the case, as they deserve, at this time. - To give a fair synopsis of them would require at least a column for each speech, and it must suffice, for this time, to say that the case was argued, on both sides, in a manner deserving of all praise;

GIVEN TO THE JURY The case went to the jury at a little before noon on Saturday. The Judge's instructions were able and impartial. They occupied about 20 minutes in delivery. The jury were lastly

•d as to what they could do under the law., and especially what verdicts they could find, and what penalties assess. They could find the prisoner guilty in the first degree and punish by dea’h or life imprisonment, at their discretion. They could find him guilty in the second degree and imprison for life. They could find guilty of manslaughter, with penalty of tropj 2 to 20 years imprisonment. Chas. Platt was sworn to act as special baliff to take charge of the and they then filed into the jury room, sole arbiters of the earthly fate of Weibren Wartena. They remained together a little more than 24 hours, and about two o’clock Sunday ofternooo, the ringing of the court house bell apprised court and citizens that the case had been decided. Court was formally opened and orders- given for the jury to take their placeq.

THE VERDICT. r The foreman, John Coen, then hande I the written verdict to the Judge, It read as follows; “We the jury find the defendant guilty, as charged in the indictment, of Murder in the First Degree, and that he was of sound mind when he commit - ted the act, and assess his punishment that he shall suffer Death.” The Judge then asked the jury if this was their verdict, and if they all agreed to it, to which they all assented. The counsel for the prisoner then proceeded to poll the jury, and each man was asked, by name, it it was his verdict, mid all answered yes. The prisoner, who was, of course, present at all sessions of the trial, seemed unmoved by the verdict. The Judge announced that sentence would be pronounced at 8 o’click the next morning, and the court sd.journed until that time.

A SAD INTERRUPTION. Before court opened, Monday morning, it became generally known that tne defense wauld ask tor a new trial, and general rumor stated that one of the jurors had, long before the trial, expressed the opinion that the defendant should be hung, and in court had stated that he had never formed an opinion in the case. At 9 o’clock Monday morning, while Mr. Babcock, by permission of the court, was writing out his motion for a new trial, he was summoned from the room by the sudden, fatal illness of his little son, the particulars of whose sad death are stated elsewhere. This incident caused the court to be adjourned, from time to time, until Tuesday evening at which time the motion for a new trial was argued, by Messrs Babcock and Dwiggins, for the defense, and Daniel Fraser, for the state. Mr. Babcock gave notice at the outset that the point in regard to one of the jurymen, would be dropped, as he had been satisfied that the facts aeserted against him were without foundation. The remaining points upon which a new trial was asked were, 1st the action of the court in insisting on Mr. Babcock making his argument Friday night, when worn out and physically unfit for the duty, and, 2nd improper action of the State’s attorney in absenting himself, without excuse, during Mr. Babcock’s argument, thereby, as alleged, showing contempt for the defense, and also taking with him, at that time, and without permission, a paper containing material evidence. The points were argued with great ability on both sides, but the court decided, properly as we believe, that the points made by the defense were not sufficient to justify him in granting a new trial, and the motion was overruled.

THE DEATH SENTENCE The Judge then addressed himself to the painful and solemn duty of pronouncing the death sentence. Peter Dextra, of Goodland, a native of Hol: land, was present as interpreter, by re: quest of the court. He was sworn to discharge that duty faithfully.

A DREADFUL SCENE. In pronouncing sentence the Judge commanded the prisoner to stand np, told him (through the interpreter) that he had been charged with the murder of John Dreger, found guilty,by a jury and condemned to suffer death. /‘Have you anything to say why this punisment should not be inflicted?” ’ •‘Only that T should like to live.” At thia point there was a slight pause, and the prisoner was observed to sway unsteadily, for an instant, and then fall with a heavy sound, at the foot of the Judge's bench. The emotions consequent upon his dreadful situation had overcome him, and he had fainted. The officers of the court worked over him, and Drs. Washburn and Hartsell were called in and gave him attention, but despite their efforts, after the) ex: piration of a half hour he was unable to sit up, and the remaining words of the sentence were spoken to him lying full length upon a table: “It is the judgment of this court that ! you be taken hence to the jail of the county, and there be confined until the 26th day of February, 1886, and then, between tig hoars of 10 o’clock in the forenoon and i o'clock in the afternoon,