Rensselaer Semi-Weekly Republican, Volume 40, Number 88, Rensselaer, Jasper County, 14 July 1908 — EVERET MERRILL WAS ACQUITTED [ARTICLE]

EVERET MERRILL WAS ACQUITTED

Man Arrested for Complicity in Kidnaping of Lillian Wulff Tried in Chicago.

Everett Merrill, arrested some time ago at Wheatfield, charged with being implicated with the Birminghatas in the kidnapping of little Lillian Wulff, of Chicago, was triel last week in Chicago, and was acquitted. Attorney Abraham Halleck wasr the leandin attorney in the defense of M rrill, and he had arrayed against him some very able attorneys from the states attorney’s office, and the state left no stone unturned to secure a conviction of young Merrill. On the 7th of last December, little Lillian Wulff was Sto76nl from her home In Chicago. She was a child ofi poor parents and was playing in a crowded street when she was grabbed and hastened away and later taken in a covered wagon and brought over into Indiana in the neighborhood of Gary. The next day her kidnapers drove to a place between Lowell and Shelby, and thence over Into Illinois, and six days after the kidnaping Birmingham and his wife were apprehended at Momence, 111., and the little girl was returned to her home. Birmingham and wife were tried In Chicago on the charge of kidnaping and were sentenced to the penitentiary, he for 30 and she for 26 years. They claimed at the trial that Everett Merrill was really the guilty party, and a Beaich for Merrill was begun. He took up his abode In this county and lived

the young man free, and for four days the trial was waged. The state had the little girl and her mother as witnesses, and they sent to the penitentiaryand got Mrs. Birmingham, the convicted kidnaper, and made wbat looked like a sure case against the accused, but Attorney Halleck got the Birmingham woman badly tangled up in the cross examination and made her repeatedly contradict herrelf. Then he introduced Sam L. Luce, formerly of DeMotte. now in the undertaking business in Chicago, and Harry Gifford, Tom Parker and John Reish, all of the Gifford territory, as character witnesses, and .this had a telling effect on the jury. The story told by Merrill was to the effect that he was out in lowa and wanted to return to his home here hut was without funds, so he happened to run across the Birminghams, who were traveling in a covered wagon and said they were coming to Chlca-

go. He asked to come with them and they came together to that city, j and It was then that the lb tie gi’l was stolen, but Merrill had nothing to do with the kidnaping, according to the 1 little girl herself. He came with them ] until htey reached the place where they camped near Shelby and then he left them and walked to his home near Gifford. The little girl said that he was kind to her and that she had not asked him to take her home. He claimed that he thought the little girl belonged to the Blrminghams. The case was sent to the Jury at 4:30 Friday afternoon, and by s:so they had reached a verdict of acquittal. Attorney Halleck' returned home on the 11:04 train, bringing Merrill ’with him, and the latter declined an invltaatlon to go to the home of the attorney for the night, but at once set out overland on foot for the home of his mother near Gifford. He was overjoyed at securing his freedom and well might he be, for a conviction would hate meant from 20 years to a life imprisonment. Attorney Halleck served with no promise of reward, but is hqppy in tlu belief that he saved an Innocent young man from a long penitentiary sentence.

with his mother in the neighborhood of Gifford all winter. Along in April, Merrill went to Wheatfield one day and a special constable there arrested him and officers came from Chicago and took him to that city, where be has been locked up ever since. At the solicitation of Merrill's brother. Attorney Halleck went to Chicago and talked with Merrill and was convinced of his Innocence, so he determined to free him If possible. This Is no easy task In Chicago, however, for the criminal courts are hard hearted and they consider one's arrest as prims facie evidence of guilt, and It requires a heroic effort to rescue a man who has no money nor friends of influence But Mr. Halleck determined to do all In his power to set