Thriller Thursday - Wrapping Up the Villers Trial, Part 5

The Jamestown Weekly Alert,
20JAN1898, pg1

OK. Sadly this is more on defining evidence from a quick glance. Let's get this out of the way. Perhaps when I'm done transcribing it we'll discover something new...

"What is Circumstantial Evidence?

The evidence offered by the state tending to connect Mr. Villers with the offense charged is what is known as circumstantial evidence. It therefore becomes important to inform you what circumstantial evidence is and to point out the distinction between that and direct evidence in order to give you an idea of the mode in which judicial investigation is to be pursued by the aid of circumstantial evidence. I cannot do better than to quote from the charge of an eminent jurist:

The distinction between direct and circumstantial evidence is this: Direct or positive evidence is when a witness can be called to testify of the precise fact which is a subject of issue on trial. That is, in cases of homicide that the party accused caused the death of the deceased. Whatever may be the kind or force of the evidence this is the act to be proved. But suppose no person was present on the occassion (sic) of the death and of course that no one can be called to testify about it, is it wholly unsusceptible of legal proof? Experience has shown that circumstantial evidence may be offered in such cases; that is, that a body of facts may be proved of so conclusive a character as to warrant and form the belief of the fact quite as strong and certain as that on which discreet men are accostomed (sic) to act in relation to their most important concerns. It would be injurious to the best interests of society if such proof could not avail in judicial proceedings. If it was necessary always to have direct evidence how many criminal acts committed in the community, destructive of its peace and subversive of its order and security would go wholly undetected and unpunished.

The Jamestown Weekly Alert,
20JAN1898, pg1

The necessity therefor of resorting to circumstantial evidence finds a safe and reliable proceeding as obvious as absolute. Crimes are secret. Most men conscious of criminal, and who purpose the execution of criminal acts, seek the security of secresy (sic) and darkness. It is necessary, therefor, to use all other modes of evidence beside that of direct testimony provided such evidence may be relied on as leading to safe and satisfactory conclusions and thus a beneficent providence, the laws of nature and the relations of things to each other are so linked and combined together that a medium of proof is other thereby furnished leading to inferences and conclusions as strong as those rising from direct testimony. Perhaps strong circumstantial evidence in cases of crimes like this committed for the main part in secret is the most satisfactory of any other to draw the conclusion of guilt; for a man may be seduced to perjury by many base motives to which the secret nature of the offense may sometimes afford the temptation; but it can scarcely happen that many circumstances especially if they be of such over which the successor should have no control forming together links of the transaction should all unfortunately concur to fix the presumption of guilt on an individual and yet such a conclusion be erroneous. But in the case of circumstantial evidence where no witnesses can testify directly to the fact to be proved it is arrived at by a series of other facts which by experience have been found so associated with the facts in question that in the relation of cause and effect they lead to a satisfactory and certain conclusion."

Do you feel like you were just listening to the teacher on a Charlie Brown cartoon? I felt that way typing this. At one point I completely disengaged the comprehension part of my brain and was essentially just typing letters without grasping their meaning.

Memorial Monday - IAFF Fallen Fire Fighter Memorial 1918-1919

ForIAFF FFFM Panel 1918-1919

For the 1918-1919 transcription I had to use two pictures of the panel. The granite is very shiny, but that also makes it rather reflective so some names can't be seen clearly in the first, but they can in the second picture.

"International Association of Fire Fighters Organized February 28, 1918

1918

John Doyle - L22  PA
Charles C. Merges - L22  PA
Cornelius McGuire - L37  IL
Frank Geschke - L73  MO
Frank W. Hundsdorfer - L5  CO
Frank Weber - L575  MN
Richard S. Frost - L18  BC
Otis Fulton - L18  BC
Colin McKenzie - L18  BC
Donald Morrison - L18  BC
William J. Cameron - L18  BC
James F. Weldon - L825  CT

IAFF FFFM Panel 1918-1919

Thomas F. McDermott - L1116  MA
Patrick Moran - L1116  MA
Edward Smally - L344  MI
John Evers - L357  IN
Roy C. Gundlach - L145  CA
Charles Wing - L841  MA
Alexander Vint - L456  CA
Oliver Ough - L113  ON
John Anderson - L22  PA
Joseph Lund - L730  BC
Frank Campagna - L1784  TN
William H. Richards - L36  DC
Frank O. Markward - L36  DC
William T. Byran - L36  DC
Frederick W. Cheeney - L36  DC
Thomas A. Binaco - L36  DC
Matthew J. Cummings - L94  NY
William Sammon - L344 MI
Richard Dempsey - L2  IL
Maurice O'Dea - L2 IL
Herman Brandt - L366  MI
Thomas H. Mc Andrews - L718  MA
Joseph S. Fitzgerald - L94  NY
John F. Farr - L36  DC
Charles B. Proctor - L36  DC
Anthony J. Berberich - L734  MD
Frederick T. Branan - L734  MD

1919

Charles S. Snyder - L94  NY
Clinton T. Lowes - L416  IN
Oscar Peterson - L2  IL
George Layhe - L718  MA
George J. Scanlon - L94  NY
Joseph G. Schmitt - L94  NY
Timothy P. O'Sullivan - L42  MO
Ben Graham - L45  KY
William E. Schalle - L94  NY
Moses Thompson - L113  ON
James Lindsay - L149  ID
Thomas J. Stevens - L718  MA
Frederick Maas - L2081  NJ
Alfred D. Kundie - L94  NY
Oscar Danford - L249  OH
Robert T. Moorehead - L22  PA
John J. Conlon - L798  CA
Daniel Campion - L21  MN
Asa H. Cooper - L58  TX
Theodore B. Kentzel - L798  CA
Harold Nolan - L475  I
Howard A. Davis - L734  MD
John A. Watson - L734  MD
Patrick J. Lee - L94  NY"

May they never be forgotten.

Black Sheep Sunday - Murder-Suicide Makes Headlines Nationwide

Daily Capital Journal - 16AUG1950, pg2

The not so booming metropolis of Hazleton/West Hazleton made national news when my great uncle's wife was murdered in a bar. The news clipping mistakenly lists the location of the "taproom" as being in Hazleton, but it was West Hazleton. I suppose that's not really a significant error. They're right next to each other. You blink and you've left Hazleton and entered West Hazleton or vice versa.

Here is a clipping distributed through the Associated Press and landed in the Daily Capital Journal in Salem, Oregon.

"Two Killed in Hazleton Bar

Hazleton, Pa., Aug. 16 (AP) - A 60-year-old man shot a woman to death in a Hazleton taproom early today and then killed himself, Police Chief Carl Meiss reported.

Miss said the man, Andrew Harvilla, a retired coal miner from nearby Treckow (sic), entered Beltz's cafe shortly after the woman, Mrs. Helen Bronsavage, 33, and asked her to have a drink with him.

She refused, Meiss said, and asked Harvilla to call a taxi. Then she went to a table. Miss said the man walked to her table, drew a .38 caliber revolver from his pocket and fired a bullet into her head. Then, the police officer said, he walked eight feet away and fired a bullet into his own head.

Mrs. Bronsavage was acquitted of murder charges last October. She was accused of firing the shotgun charge that killed Louis Broton, 34, at a cabin near Freehand last May 1."

I've blogged about Helen Bronsavage nee Sabulash previously (see below), but I never realized how far her murder was broadcast. It made national news when she killed a man, claimed self-defense, and got off. Perhaps that's why this was picked up by the AP. Her murder happened less than a year after her acquittal. I had been looking for information on my Bronsavage line on Newspapers.com when this article (and several others like it) popped up.

I always get a bit angry when I read about her. I think that's why I share the articles/information. It's a way to vent. In my opinion she was a terrible mother and wife and got her just desserts. Her husband was in a wheelchair and she went around with other men. She didn't divorce him, she just screwed around on him. She had a little girl at home too that she apparently wasn't taking care of. How different their lives could have been if she hadn't decided to do the things she had done. I suppose that's true with everything though.

Related posts:
Thriller Thursday: Some People Just Can't Be Good, Part I
Thriller Thursday: Some People Just Can't Be Good, Part II
Thriller Thursday: Some People Just Can't Be Good, Part III

Thriller Thursday - Wrapping Up the Villers Trial, Part 4

The Jamestown Weekly Alert
20JAN1898, pg1

OK. OK. I finally finished that discussion post for my Lighting class. It wasn't as bad as I expected either. Now I'm just waiting until my kiddos get home from school and until it's time to head out to caucus (it's Super Tuesday as I write this). So I'm going to pick back up where I left off and we're going to hear about the evidence that was presented in the case of North Dakota vs Martin J. Villers.

 "Evidence.

From the foregoing provisions of our code it will be noticed that the death of August Tromer must be established by direct proof. Evidence is of two kinds: direct and circumstantial evidence.

Direct evidence is the evidence of witnesses who either saw or head the facts about which they testify or otherwise perceived their exsistance (sic) by some of their senses. You will remember what the testimony is bearing upon the fact of the death of August Tromer and if you find from the direct proof in the case beyond a reasonable doubt that he was killed on or about the day charged in this information, the exact date being immaterial, then you will pass to the other question in the case as to whether or not this defendant Martin J. Villers, is the person who did such killing. And whether or not he had a premeditated design to effect the death of the said August Tromer.

The Jamestown Weekly Alert
20JAN1898, pg1

Before you can find the defendant guilty of murder in the first degree as charged in this information it will be necessary for you to find from the evidence in the case beyond a reasonable doubt that August Tromer was unlawfully killed about Sept. 14, '94 and that this defendant killed him in the manner charged in the information and further that at the time of said killing, this defendant had a premeditated design to effect the death of August Tromer and unless you find all of these facts to be true from the evidence and beyond a reasonable doubt you must acquit the defendant.

The fact that the states attorney of county has filed this information accusing Mr. Villers of the crime charged against him is no evidence whatsoever of his guilt and must not be so construed by you. The defendedendant (sic) comes into this court clothed with the presumption of innocence and this presumption continues throughout the trial until overcome by proof of hi guilt beyond a reasonable doubt."

Well...so much for the actual evidence...this only defines it. I imagine they'll get into the actual evidence at some point. What this does do is let us know that the jury was supposed to only find guilt beyond a reasonable doubt. Still the same as today, but still nothing about that whole unanimous decision.  I'll keep it short and sweet and jump into at least one more section next week.

Memorial Monday - IAFF Fallen Fire Fighter Memorial

"Somewhere, Everyday" bronze statue and granite walls of the memorial overlooking Pikes Peak

The International Association of Fire Fighters (IAFF) Fallen Fire Fighter Memorial is located in Colorado Springs, Colorado. I first saw it a couple years ago when I went to a hot air balloon festival with my family. I always meant to come back to it and give it a closer look. It's in downtown Colorado Springs near Memorial Park and driving downtown isn't one of my favorite things, so it kept getting pushed down on my priority list until very recently. My cousin's husband, Scott Carroll, died unexpectedly. He became ill while on a call and died a day or two later. His name will be going up on this monument in September and I'll get to see my cousin for the first time in nearly 40 years (gosh did I really just type that?). It's not the best way to get to see family and it's certainly not how we thought it would happen, but I am glad that Scott's name will be listed with all of these other brave men and women.

Entry to the Memorial transcribed in this post

I'm a veteran. When we think of memorials we often just associate them with the military, but there are so many others that have given so much. So many that have given their all, and they should be remembered. So the other week the assignment for the photography class I'm taking was themed "Around Town" and the first place I thought of going was the IAFF Fallen Fire Fighter Memorial. I took pictures of the monuments that comprise the memorial and the first set of panels. I will start sharing those panels next week. They begin with 1918 so there are quite a lot of names. Today though I would like to share the information on the entrance to the memorial. I was out photographing it in the morning so the light was too harsh on the panel that talks about the memorial so I'll just share it without a picture of the actual words (you'll just have to trust me). Perhaps when I go back next time the sun will be in a better position.

"International Association of Fire Fighters Fallen Fire Fighter Memorial

The International Association of Fire Fighters Fallen Fire Fighter Memorial honors the sacrifice made by IAFF members - professional fire fighters, paramedics, and emergency medical personnel in the United States and Canada - who gave their lives while serving their country and community.

"Somewhere, Everyday" is a bronze statue of
a fire fight cradling an infant as he descends
a ladder

In 1989, the IAFF erected the first of two granite walls on this site, where the names of fallen IAFF members were etched as a silent tribute to their dedication above and beyond the call of duty. In 2015, the Memorial was rebuilt to renew these grounds and site, and to ensure all those who have fallen in the line of duty in the future are properly honored.

Each September, the IAFF conducts a ceremony to celebrate and pay tribute to their sacrifice and to provide support and comfort to the families of the fallen.

The centerpiece of the Memorial is an original bronze sculpture of a fire fighter descending a ladder while cradling an infant in one arm. Towering 20 feet above the Memorial, 'Somewhere, Everyday,' epitomizes the courage and bravery displayed daily by IAFF members across North America. The granite walls are a lasting tribute to those brave men and women so that they are always remember, never forgotten."

So the Memorial was first erected in 1989, but redone and rededicated in 2015. I was surprised that Colorado Springs, my new home, was the location for this Memorial, but the rededication in 2015 didn't surprise me. Colorado Springs was the site of two terrible fires in recent years. In the summer of 2012 the Waldo Canyon Fire filled the city with smoke as a huge fire blazed on the mountain range. Mountain fires are notoriously difficult to contain because of the terrain and winds that frequently come off the mountains during summer storms. It took nearly 3 weeks to contain and was the most destructive fire in Colorado's history (as measured by number of homes destroyed)...until the following year.

In the summer of 2013 almost exactly one year from the start of the Waldo Canyon Fire, the Black Forrest Fire started. It took nine days to contain which was much quicker than the previous year's fire, but there were more homes destroyed. Both fires terrified the region. Both fires made international headlines. Both fires caused a community that is notoriously stingy with their tax dollars to dig a bit deeper into their pockets to support their firemen and women. So the rebuilding/rededication of the memorial after two horrific fires isn't surprising. They did a beautiful job with the Memorial and it truly is a tranquil place.

Next week I'll share the names on the first panel of the fallen.

Sunday's Obituary - Mary Dart nee LeGrave

Me and my great organizational skills! Here let me put this in it's own special folder on my desktop and then completely forget about it. Seriously...that's what I did. For my punishment I will not put lip balm on my chapped lips.

Anyway, I was cleaning my computer's desktop over the holidays. It was more than halfway filled with various icons of mostly garbage. That's when I came across this clipping that I needed to edit and stitch together to post on. I also realized that I needed to update her entry in my family tree. I didn't have her maiden name and was missing her daughter Jean from my tree.

I'd make a New Year's Resolution to fix this in the new year, but we always seem to break those. Let me say that I'll try to be better.

"Mrs. George Dart Sr.

Mrs. George Dart Sr., 57, 1150 Klaus St., died at a Green Bay hospital Thursday afternoon following a year's illness. The former Mary Le Grave was born in Rosiere and married Mr. Dart 41 years ago. The couple farmed at Tonet until 1950 and then moved to Green Bay. She was a member of St. Anne's Society of the Cathedral, and had been employed by the Zuider (sic) Zee for 15 years. She was preceded in death by her father and one brother.

(handwritten Jan 11, 1968)

Survivors are her husband; one son, George Jr., Luxemburg; three daughters, Mrs. Robert (Marion) Johnson; Mrs. Lambert (Shirley) Tarkowski; Mrs. Paul (Jean) Reynolds, all of Green Bay; her mother, Mrs. Florian Le Grave, Rosiere; four brothers, James Le Grave, Green Bay; Clifford, Clayton and Lawrence, all of Caco; seven sisters, Mrs. Edmund Engebos, Duval; Mrs. Wilfred Creavier, Green Bay; Mrs. Myron Lardinois, Krakow; Mrs. William Virlee, Brussels; Mrs. John Nellis, Green Bay; Mrs. John Adams, Casco; Mrs. Goldie Nellis, Forestville; 17 grandchildren.

At Malcore Funeral Home after 7 p.m. Saturday. Rosary each evening at 8, Sunday by the Rev. Kenneth Virlee, O.-Praem. St. Anne Society will recite the rosary Monday, 9:40 a.m., the Cathedral. Solemn High Mass 10 a.m. Monday, the Cathedral, the Rev. Kenneth Virlee, celebrant; the Rev. Gary Creavier, deacon; the Rev. Dewane Le Grave, subdeacon, all nephews of Mrs. Dart. Burial at Allouez Cemetery."

"Funeral Services

Mrs. George Dart Sr. - At Malcore Funeral Home after 7 tonight. Rosary each evening at 8, Sunday by the Rev. Kennth Virlee, O.Praem. St. Anne Society Rosary 9:40 a.m. Monday, the Cathedral. Solemn High Mass 10 a.m. Monday, the Cathedral. Allowed Cemetery. Mrs. Dart, 57, 1150 Klaus St., died at a Green Bay hospital Thursday afternoon following a year's illness."

Mary's husband, George, is my children's 1st cousin 3 times removed and now my family tree is a little better updated!

Thriller Thursday - Wrapping Up the Villers Trial, Part 3

The Jamestown Weekly Alert, 20JAN1898, pg1

Back at it again this week with the third installment in the multi-page transcription of the Villers Trial/Verdict saga. For you another week has passed. For me, not so much. I'm procrastinating doing the discussion post for my Lighting class that I mentioned in my very first post. Instead I'm transcribing some more. Why? Because the post topic is BORING!!!!!! I know I'll have to do it anyway, but I've got a day to try to cope with a topic that makes me want to stick a pencil in my eye.

Well with that charming thought let's tackle this next bit...

"Judge Fisk's Charge

In his charge Judge Fisk said in part:

Gentlemen of the Jury - Before charging you upon the law of this case, I desire first to compliment each of you upon the very close and careful attention you have given to the evidence throughout the trial and to congratulate you upon the fact that this unfortunate controversy is drawing to a close. The duties of the advocates have been discharged in a faithful and able manner both for the state and for the defense, and all that now remains is for me to call your attention to the rules of law that will govern you in arriving at a verdict in this case. After which the responsibility of doing justice between the State of North Dakota and the prisoner at the bar will be with you. That you will discharge this grave responsibility in as able, careful and fearless manner I have no doubt.

The Jamestown Weekly Alert, 20JAN1898, pg1

Under the code of this state every person who destroys the life of a human being either with a premeditated design to effect the death of the person killed, or of any other human being, or by any act iminently (sic) dangerous to others evincing a depraved mind regardless of human life although without any premeditated design to effect the death of any particular individual, or without any design to effect the death by a person engaged in the commission of any felony, is guilty of murder. According to the facts and circumstances attending the killing, murder is deemed either murder in the first, or in the second degree. Here by defined murder perpetrated by means of poison or by lying in wait or by torture or by other willful, deliberate or premeditated killing or in committing or attempting to commit any sodomy, mayhem, arson, robbery, or burglary to be murder in the first degree. All other kinds of murder is murder in the second degree.

The Jamestown Weekly Alert, 20JAN1898, pg1

I charge yon at the outset that under the evidence in this case the defendant is guilty of murder in the first degree or he is innocent of any crime.

A design to effect death is inferred from the fact of the killing unless the circumstances raise a reasonable doubt whether such design existed.

A design to effect death sufficient to constitute murder may be formed instantly before committing the act after which it is carried into execution.

No person can be convicted of murder unless the death of the person alleged to have been killed and the fact of the killing by the accused as alleged are each established as indedependent (sic) fasts; the former by direct proof and the latter beyond a reasonable doubt. Every person convicted of murder in the first degree shall suffer death or be imprisoned in the penitentiary for life. The foregoing sets forth substantially the provision of our code bearing upon the question of murder and you must be governed thereby in arriving at your verdict in this case.

The prisoner at the bar, Martin J. Villers, is charged in this information with the willful murder of one August Tromer committed on or about the 14th day of September, 1894, in this county and state.

This charge divides itself into tow principal (sic) questions: Whether August Tromer, alleged to have been murdered, came to his death by act of violence inflicted by any person and if so, whether the act was committed by this defendant. We are to ascertain whether August Tromer is actually dead and whether he died within on year and one day from the date of the alleged assault upon him; and if so whether the evidence is such as to exclude beyond a reasonable doubt the supposition that such death was occasioned by accident or suicide and show it must have been the result of an act of violence."

Well I suppose that answers one question I had regarding my last post. It is supposed to be guilt beyond a reasonable doubt. That is more than clear. What isn't so clear is the whole unanimous verdict thing. Nothing is mentioned and from the last article we can see that there was one holdout in both the verdict and sentencing deliberations. Perhaps this will come to light in further transcriptions. Next week we tackle the evidence (or perhaps in the next few minutes for me if I don't start that discussion post for school)!

Note - I've changed the posts from Amanuensis Mondays to Thriller Thursdays because the entire trial was rather sensational at the time and because over the next several Amanuensis Mondays I'd like to start sharing and transcribing the names from the Fallen Firefighters Memorial in Colorado Springs. There are quite a lot of panels at the memorial and there is still quite a lot of information on the Villers' trial to share so I'm making this slight change.