Monday, April 1, 2013

Guilty or Not Guilty

From the Pine County Pioneer, January 4, 1889: 

A Synopsis of the Trial of H.H. Scott for the Murder of Sidney K. Erwin 

The trial of H.H. Scott for the murder of Sidney K. Erwin, which is now occupying the attention of the District Court, is one of the first cases of the kind ever held in the county, and is attracting a great deal of attention. 

The circumstances attending the killing of Sidney K. Erwin at Hinckley, in this county, on the 22nd day of Nov. 1888, (a full account of which has been previously given in these columns) are still too fresh in the minds of our readers. That H.H. Scott was arrested for the crime, waived examination before the magistrate, and that the grand jury found an indictment for murder in the first degree, are also well known facts. 

Court convened Wednesday, the 2nd inst., with Judge Crosby presiding, County Attorney, L.H. McKusick assisted by Attorney General Moses E. Clapp conducting the prosecution, while Henry Johns of St. Paul appears for the defense. The selection of a jury occupied Wednesday and Thursday afternoon and it was not until the fourth special venue had been exhausted that the twelve men charged with the awful duty of passing upon the guilt or innocence of a former neighbor, charged with the most horrible of crimes. The jury as completed consists of the following: Frank Cort, Jos. Bircher, Chas. Stephan, P. Buckley, John McGann, Albert Glasow, John Neville, Henry Kruse, J.C. Miller, John Bertsche, W.H. Russell and R.G. Robinson. 

It was not until the evening session Thursday that the matters had been arranged and County Attorney L.H. McKusick arose and opened the case on behalf of the State. After stating the indictment found by the Grand Jury, Mr. McKusick spoke briefly of the duties and responsibilities of a juror in the case, which he said was even more arduous than were those imposed upon him as the prosecuting attorney. He touched upon the relations formerly existing between the defendant and the jurors, and argued the jurors to the discharge of their duties without fear and in an impartial manner. The testimony was then taken up. 

Dr. C.O. Paquin was called and testified in relation to the state of Erwin's body, the wounds found etc., all of which has been previously given. Upon a cross examination by Mr. Johns, the Dr. stated that there were signs of powder burning on the outer garments of the victim, proving that the revolver was in close range. 

Dr. Collins of Minneapolis, who with Dr. Paquin conducted the post mortem examination was next sworn. He testified to the course of the bullet, corroborating Dr. Paquin. A bullet was introduced and identified as the one taken from the body of Erwin. On cross examination the same facts in relation to powder burning were brought out. 

George W. Booth being called testified to having arrested Scott and taking a revolver from him, which was introduced, identified and offered in evidence. When taken from Scott three chambers gave evidence of having been recently discharged. 

Chris. Severtson who lives in Chisago county, but was on boarding car on the St. P. & D., track at the time of shooting said he heard two shots fired which sounded in the direction of the pump house, went to the door and saw a man shoot one shot. The man who shot was standing at the head of the man laying on the ground, whom he afterwards learned was Erwin. Did not know Scott and was not sure the defendant was the man. 

A diagram was introduced in court by the prosecution giving the position of the dead body, the pump house, boarding car, round house etc., and H.J. Rath was recalled to identify the plat. He said he made it at the instruction of the Co. Attorney, and that it was correct. Geo. W. Booth was also recalled and stated that he was present when the plat was made and testified to its correctness. 

Bartlett Knudson who was cooking in the boarding cars near the scene on the day of the murder knew Scott by sight. Saw Erwin at pump house. Heard shots and went to the door. Saw a man and woman going up track, and described the directions in which they went. Went to where the body laid. Erwin was not yet dead, and tried to raise his head after he arrived, but could not. Did not notice any of surroundings. 

F.D. Rainsford said he was in the pump house when Scott and wife came to door; went to round house opposite. Heard two pistol shots which seemed to come from pump house. Looked out of window and saw Scott standing at Erwin's head, revolver in hand. After he saw the shot fired went out of front door of the round house and could not tell the direction Scott went. He also described the position of the body. 

A recess was then taken until Friday morning, when Geo. W. Booth again took the stand testifying in relation to the circumstances attendant on Scott's arrest, the delivery of the revolver to him etc., and subsequently identified the clothes taken from Erwin and which had been in the custody of the Sheriff. No other important witnesses were examined by the State. 

The defendant's case was opened by Mr. Johns in one of the strongest and most forcible addresses that has ever been delivered at the Pine County bar. 

Sam. Norton, of Hinckley, was the first witness sworn by the defense. His testimony was in relation to his conversation with Scott after the killing. He described the condition Mr. Scott was in, and told of his meeting him, etc., all of which is familiar to the public. 

H.H. Scott, the defendant, was next placed on the stand. He gave an account of the tragedy, which in every particular resembles the interview with the prisoner, which we published the day after. He said he had no intention of shooting Erwin when he went down to the pump house, that the first difficulty he had with Erwin was in August when he forbade his coming to the house. We have not time nor space to rehearse the scene of the tragedy as described by Mr. Scott, and which has previously been given in full. His story was told in a frank open manner, and cross questioning failed to tangle him. 

Geo. W. Booth was the next witness called, and testified to having been called in by Mrs. Scott a number of times to quiet Mr. Scott. At one time he was called in to take a gun away from him. This was more than a year before. Mr. Scott's son was drowned. 

He also spoke of several other times he had been called in, thought Scott's bad behavior was due to intoxication. 

Harry Parker was sworn, but no testimony of any importance was elicited. 

E. Veenhoven, Judge of Probate, testified that Mrs. Scott had in the year 1887 made an informal request of him for an examination into Scott's mental condition but as no information, as is by law required, was made, nothing further was done. 

As we were obliged to close our forms early in the afternoon, none of the evidence submitted after noon could be included. As we go to press, the defense occupies the court. If an evening session is held, the case will doubtless be completed tomorrow (Saturday).

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