Clark County, Wisconsin History & Genealogy

Surnames: Ableitner, Albeitner, Allen, Barber, Bingham, Bolton, Briggs, Clark, Clough, Codman, Cool, Cutter, DeLane, Dixon, Dunk, Everett, Franklin, Gold, Grout, Grove, Guthrie, Guthries, Hackett, Hill, Hotchkiss, Hurlbur, Hyde, Ireland, Jones, Kemp, Kenzle, Mahn, McCloskey, McDonald, McLord, McSand, Mixton, Moody, Morrison, Nolf, Noll, Page, Pool / Poole, Richardson, Robinson, Speitman, Staley, Start, Stephenson, Sullivan, Tolford, Wardner, Webb, Whitman, Whitney, Winters, Wright

....Sources: North Iowa times. (McGregor, Iowa), 1868-10-07; The St. Cloud journal, October 15, 1868; Family Records; Rochester, MN Post, 27 Jun 1868, Minneapolis daily tribune. Pub. Date Jun 21, 1868, The record and union. Pub. Date August 20, 1875, Rochester, MN

Civil War Veteran, George Winters Staley, was awakened at 3 a.m. at Allen's Lumber camp on Wedge's Creek in Clark Co., Wis. and arrested for the murder of "Fred" Ableitner, a four year resident of Dover, Minn.

C. F. Ableitner--Murdered in his own house for his money. He two days later, on Halloween night, Oct. 31, 1867.

*The inscription says "1868", but that May have been the time the stone was placed. The 1867 death date has been confirmed. His daughter, Lena, was buried under the same stone.

The remainder of Tuesday and all of Wednesday were occupied in getting the requisite twelve jurors. Those finally selected are: W. P. Clough, R. R. Hotchkiss, Aaron Richardson, B. Hackett, Robert McCloskey, James Ireland, A. D. Robinson, John Morrison, J. Briggs, D. A. Sullivan, A. T. Hyde, James Moody.

The examination of witnesses commenced on Thursday morning. The first one sworn was Mrs. (Salome "Sarah" Noll) Ableitner, widow of the murdered man. She is a plain old lady of about fifty. Being unable to speak English, Mr. B. Gold was sworn as an interpreter.

She testified that they had lived in a log house, on their farm near St. Charles, four years.

She then went on to testify as to the facts of her husband's murder. Those men came to her house, she thought, about nine o'clock at night, the family had all gone to bed about ten minutes before. The dog made a noise; when he heard the dog he went out, but could not see anyone, and he went to bed again the dog again barked, and although she tried to prevent him, he went out. Three men were at the door; one of them knocked on the door, and told him they came from Chatfield, and inquired the road to St. Charles. One of the men then knocked him down with a club. She then went to the door, and smallest man shot Ableitner with a pistol. Ableitner hit the stoutest man across the nose with a dung fork, which was near the house. Ableitner then fell on the floor, and the man then fired at her and the children four of five times, but did not hit any of them. He was hit on the side under the ribs, and she put flour on the wound.

She was afraid to leave the house in the night, about five o'clock in the morning she went for Mr. and Mrs. Kenzle, neighbors, and also went to St. Charles for a doctor and got Doctor Wright; Ableitner lived three days and nights. (Doctor Wright's Testimony substantially the same as Dr. Guthrie).

Dr. H. H. Guthrie--Resides in St. Charles; physician and surgeon; knew Ableitner; was called to see him on Oct. 31st, last; found the bowels inflamed, and gunshot wound in left side; wound was two inches on the left of medium line and three and one-half from umbilicus, and ran transversely down to the hip bone; death caused by inflammation of bowels, produced by the wound; considered the wound fatal character.

Cross Examined--Thinks the wound necessarily fatal; wound was under and opposite seventh rib.

Philip Speitman--Was called to see Ableitner and often stayed with after he was shot; helped to lay him out on Sunday morning.

Wm. Codman--(52 yrs. old) Reside at St. Charles; know defendant. Staley and Whitman and Edwards; only seen Staley and Edwards a few times; keep calling house; evening before the murder defendants were at my saloon twice; .first time between 5 and 6 p.m.. Whitman came around again the next morning; saw a mark across the bridge of his nose; looked as if struck with a club; I said, "what ails your face?" Said he was chopping wood and a stick flew up and hit him.

Miles Grove Sworn--Resides in St. Charles; is constable; know where Codman's Saloon was; from the saloon to Ableitner house was about 1 3/4 miles; nearest neighbor about half a mile; knew defendant about two months; heard of murder the morning after committed; Staley was arrested on 30th or 31st Oct., before death of Ableitner; I arrested him in house of Mr. Dixon in village; told him he was charged with murder of Ableitner, and would have to go before a justice; I took him to Squire Cool's office; found a revolver on him; he went upstairs to change clothes when arrested; I went with him; told him I heard he had a revolver, he said he had; I said let me have it; he gave it to me; don't know whether he took it out of ...valor of his coat pocket; his coat was lying on the bed; it was a five shooter, asked if it was loaded; said no, he loaded it the other day at Mr. Clark's and went out and shot it off; I took revolver; while in office I examined it; found it partly loaded, two or three chambers; I kept revolver till next morning, and then gave Staley over to Stephenson, a justice of the peace at Dover, and someone took revolver from me; think it was John Bolton. (Pistol shown) Thinks it is the same one. Went on and narrated the arrest of Staley, of keeping him over night, and of Whitman's coming and sleeping with Staley about 2 or 3 A.M.; he heard them whispering, but was not able to distinguish what they said; they were on the bed and he on the floor about six feet off; that he tried to find Edwards but was unable to do so.

John Bolton Sworn--Reside at St. Charles; know Miles Grout, and was present when Staley was arrested; Grant gave me a pistol the next day; it was a five-shooter. (Pistol shown). It looks like it. I then gave it to Mr. Cutter, and he took it apart and took the load out of one of the chambers; I then took the pistol and gave it to Mr. Fuller; only two chambers loaded when I got it; the ball that was taken out was cartridge ball.

Robt. H. Cutte, Sworn--Reside at St. Charles; know John Bolton; he brought a pistol in and asked me to unload it; was brought up as a machinist; have repaired guns and pistols; have always owned a pistol and used it; two chambers were loaded; it was a 5 barrel shooter, similar to, but not a Colt's. I took it apart; took off one of the tubes, emptied out the powder, and pushed out the ball, and put the pistol together and gave it to Mr. Bolton. I obtained the pistol from Andrew Mahn's bartender--a Mr. Mixton, five or six weeks after that, and locked it up safe, and finally brought it up and left it before the grand jury; left it in charge of Mr. Start; I know the number of the pistol; it was 49; I examined the ball said to have been taken from Ableitner's body at the time I unloaded the pistol; noticed the ramrod of the pistol was larger on one side than the other and would not make a uniform indentation on the bullet; (pistol shown) think this is the same pistol; took a conical ball out of the pistol; it looked as if the conical end had been whittled off a little, I thought, so as to get more powder into the chamber; made a test with a bullet to see if it would ? (The bullet taken from the body was sworn witness) This fits the pistol; can only fit in one way because the chamber is larger than the barrel, and the bullet will be groove when it leave the barrel. All pistols from the same factory are not grooved alike, and a bullet will only go into the barrel the same way it came out.
There is also on the bullet an indenture which exactly fits the ramrod, and will only fit in one position. The number was marked on different places, which he names; examined the pistol and found marks on places mentioned; examined the ball taker from the body; said it was probably a cartridge ball; the ball he extracted was similar to the ball shown; has marks of having been cut off at the small end; the bullet I took from the pistol; on the ones that were loaded, the mouth of the chambers were rusty, on those that were empty they look leaded as if tired recently. Have had them rust under the pillow in bed in two days; it depends much upon the position of pistol and the kind of weather.

Carlton Fuller sworn--Heard testimony of last witness; was not present when pistol unloaded, was in St. Charles on that day; John Bolton gave me a pistol, only one he ever gave me; kept it till Staley's examination in afternoon and then gave it to the Justice in same condition as when I received it; Mr. Bolton also gave a bullet to me; don't know what became of it.

Thomas Stephenson Jr., sworn--Resided in town of Dover, was acting magistrate; know Staley; was examined before me on October 31, charged with murder of Ableitner; heard testimony of last witness; received a pistol of him; don't remember exactly through whose hands it passed but it was laid on the table; I gave the pistol to Staley, upon his discharge; was called to go to deceased late in the evening of the 30th; got there about 2 o'clock in the morning, he was lying on his bed; I examined the wound, he was groaning, apparently suffering great pain, attendants administering injections every 15 minutes; went there to draw his will; the examination of Staley took place at Ableitner's house and in Ableiner's prescience; the complaint in that examination here introduced and proved; also, the evidence of Ableitner, written out in full and signed by him, on the evening of the 31st.

Delvillo J. Page sworn--(33 yrs. old, father of 2 sons, one born Sep 1867, just a month before Delvillo began his investigation) Reside in Chicago; am detective with Turtle & Co.; know Staley and Whitman; was employed to hunt up Staley; started from Chicago Nov. 21, 1867; found him at 3 A.M. on the 26th December nine miles from Neillsville, Wis., in the pineries; found Whitman about 1 1/2 p.m., Dec. 12th at Cedar Springs, Kent County, Mich.; in the pineries; I found him by following a letter I saw his wife mail; it was directed to "Johnson A. Dunham, Cedar springs, Kent county, Mich."; saw letter mailed at Runnellsville, Schuyler county, N.Y.; saw the letter previous to his getting it in Michigan; I went into the post office when I first got into the town and called for letters for Johnson H. Dunham, and that was thrown out to me; I observed the postmark, and it was the same as the one I saw in N.Y.; I handed it back and said I did not expect mail matter from that part of the country, and went back and sat down; in half an hour Whitman came up with a team, and called for letter, tore it open and began reading it; I then arrested him; started for Chicago with prisoner, and brought him here from 16th to 18th of December.

Got on track of Staley by a letter to him from Portage City directed to St. Charles. Arrested him at Allen's lumber camp; took him to Neillsville and remained there all day and night; when arrested, he wanted to know what arrested for. I told him; had but little conversation with him until evening; had conversation at Neillsville, Staley commenced it in the evening; he asked me if I had got the rest of them. Think no one else was present; perhaps the landlord's little girl was present; I was by the table and Staley lying on the lounge near me. Took him next to Black river Falls, thence to Sparta, thence to La Crosse, thence to Rushville, then by stage to St. Charles; got there at 12 1/2 on Saturday night, 29th or 30th of December. Mr. Pool came as far as Sparta; when we left there he returned. Mr. Webb was also with me all the way; I told him that if he was going to say anything he must say the truth; this was while at Neillsville; I never made any threat to him; had no conversation with him on the subject during the day, and heard none by others; I was absent from him ten minutes during the day; I took care to let no one talk to him unless I heard what they said.

Court met pursuant to adjournment at 8 1/2 a.m. The examination of Page was resumed.

(The prosecution here intended to prove confessions or admissions made by prisoner to witness, and the defense claimed a right to examine the witness preliminarily in order to ascertain the circumstances under which the statements were mace in order to ascertain that no inducement, force or threats were made to induce them; and the court allowed it to be done.)

Ans.--lived in Chicago 14 years; am with Turtle & Co., been employed 4 years; have formerly served two apprenticeships; served on city police two years, and was engaged in harness making some time; many talked with me and employed me to hunt up Staley; Wardner, of St. Charles, and Hurlburt of Rochester; considered I was employed by both counties; left Chicago 21st November, got to St. Charles on 23rd of November; think I was delayed at La Crosse; did not stop at Portage City except for a meal; think I left St. Charles on 27th or 28th; did not see Mr. Pool then; from St. Charles to Portage City and saw Mr. Pool; remained at Portage City two days and one night; staid in Chicago about two days; think I left Chicago December 1st, and went to Buffalo; then to Rochester, NY; was rather more after Whiteman than the rest; found Whiteman on December 12 and started immediately for Chicago, then went to Rochester, Minn., and left next day after arriving and left Whiteman; the went to St. Charles; don't think I staid there long; then went to Portage City, and at that time received letter from Mr. Pool. through Mr. Wardner go to Portage early Monday morning and left at night; Mr. Webb was with me, left for Sparta; Mr. Pool and Webb went with me, (Webb was also a detective) arrived at Sparta late in the evening and staid till morning, and then took the stage for Black river Falls, Wis., between thirty and forty miles; got dinner there and went on the same day to Neillsville; think over twenty-five miles; got there about nine o'clock, and staid over night; was after Staley; staid there during the next day and part of the night.

When we left Neillsville it was in the evening; went to a of lumbermen; did not find Staley; staid there till three or four a.m.; from there went to a camp called Allen's camp--think three miles off; found Staley there; nine miles from Neillsville; Pool and Webb were with me.

Staley was in bed in a cabin. Left the team between the two camps; Pool, Webb and French went in first; when I went in they were on one side of the cabin and had a lamp (bunks were on both sides) looking in the bunks; Pool was talking with on Jim Graham; told the occupants of the bunks to show themselves; most of them did so; noticed one who held the blanket down over his head; I pulled it off, and recognized Staley by a picture in my pocket; I said, George, get up, I want you; he did so; think Pool was still talking with Graham; Pool did not discover Staley before I did; if so it was before I went into camp. I ordered him to dress, and he did so; then I handed hand cuffs to either Webb or Pool, but they were too small and would not go on, but he was hand cuffed with some other pair. Soon after Pool suggested the propriety of hand-cuffing him again, and it was done by fastening one of his hands to Mr. Pool's. We then walked to the team; found team where we it, started and went to Neillsville; got there soon after breakfast, I think; 6 or rode back. In going from camp to town was close to prisoner and Mr. Pool; staid at Neillsville that day and night; think one of parties slept with Staley; I slept some; not much I think; during afternoon or evening of last day at Neillsville, had conversation with Staley; was in private sitting room: conversation was between 7 and 9 in the evening; Dunk read Warrant to Staley soon after breakfast at Neillsville; had two warrants, one from Minnesota and one from there; no one was in room unless the landlord's little girl; conversation lasted half or three-quarters of an hour. Webb some times had charge of prisoner, but not more than ten minutes at a time; don't remember Pool's having charge of him alone, unless it was that night; I did not go to the printing office; don't remember as Webb went in with me; the only thing I said prior to this in regard to matter to Staley was to inquire as to Edwards; I remember some time during the day hearing Pool tell Staley that he had got into a hard scrape; that Mr. Webb and myself had been to Portage City, and that he thought it was best for him to give us all the information he could regarding Edwards, (Edwards is also implicated in the murder,) as everything depended on Edwards being arrested, as Whitman had already been arrested and made a full confession implicating Staley; Staley then told us where he first saw Edwards and how he became acquainted with him; think Staley then asked if we had seen his folks; think Pool said that he had; don't think I said that I had, for I had not; think we all then told him that everything depended on Edwards being caught, as we though him the most guilty party; that is all the conversation I remember; don't remember telling Staley that I had seen his father, mother and sisters, and they told me to urge him to tell all he knew about it; did not hear Pool say so; nor Webb either.

Q--Did you or did your not say to Staley that if he would tell you all he knew about the murder of Ableitner you would see that he would be allowed to turn States evidence, prior to the conversation in the evening.

A.--Do not remember any such remarks; I might have said to him that I thought it was the best thing he could do to confess, but I do not remember so saying.

Went from Neillsville to Black River Falls; know W. H. McSand, of Rochester, Minn.; have seen his wife; do not know Geo. Kemp, a prisoner in the jail here; probably have seen him there; was here and at the jail during the better part of May last; I saw Staley in his cell; I was in the hall, and had conversation with him; I once said to min that I thought that the pistol would convict him.

Ex. by Prosecution--Nothing was said prior to the evening conversation as to its being better for Staley to confess to my best recollection; there was something said as to his giving information regarding Edward.

Up to this writing, Tuesday morning, the case has increased in interest, the court room being thronged with spectators every day.

D. J. Page, the Chicago detective, was put upon the witness' stand Friday afternoon and testified as follows: Got on track of Staley by a letter written to him from Portage City, Wis., and directed to St. Charles, Minn. followed him to Allen's lumber camp in Wisconsin arrested him while in bed in the cabin when arrested he wanted to know what he was arrested for told him had but little conversation with the prisoner until evening had conversation with him at Neillsville; Staley commenced the conversation; asked me if I had got the rest of them. Think no one else was present: perhaps the landlord's little girl was present I was sitting by the table and Staley lying on the lounge near him. Took him to 8t. Charles via Black River Falls, Sparta, LaCrosse and Rushville.

On Saturday the examination of Mr. Page was resumed, when the question came up as to whether Mr. Page had held out any inducements to Staley to make a confession.

Did you or did you not say to Staley that if he would tell you all he knew about the murder of Ableitner you would see that he would be allowed to turn States evidence, prior to the conversation in the evening?

Answer. Do not remember any such remarks I might have said to him that I thought it was the best thing he could do to confess, but I do not remember so saying. The witness further said that while be and Staley were in the sitting room of the hotel at Neillsville, Staley inquired of Page it he had got Whitman. Page says yes, and that he, Whitman, had made a full confession, implicating Staley and Edward. Staley replied: "Then I'm gone to hell and might as well make a clean breast of it." Witness advised him to be careful what he said, and that be had better wait until they arrived at a place where his confession could be taken down by proper authority.

D. J. Page recalled. During the conversation in the hotel at Neillsville, Staley asked me if Whitman told what part they (Staley and Whitman.) performed in the murder. Witness replied that ha did, and that be laid the blame on Charley (Edwards), Staley first getting him into it, and that Whitman charged them with cutting the clubs, but said no one was to be" hurt. Staley remarked that that was not so that he could tell how it was. It was a damn lie that after they got near where Ableitner lived the dogs commenced barking and they all sat down by the fence and talked over the best way of going in after the money. Witness asked Staley who suggested the idea of calling the Dutchman out Staley said it was Charley, that Charley was the one who first went to the door, pretended to have come from Chatfield and inquired the way to St. Charles. Said that they did not intend to kill the man when they went to the door that it was agreed upon that they should call the old man out and knock him down and then go in after the money. I then told Staley that Whitman said it was he who first found out about the money. Prisoner replied that it was a lie that it was Whitman who first spoke of the Dutchman's having money and that it was he who first suggested the idea of robbing him. 8taley further said that Whitman, having thrashed at Ableitner's, saw him pay off the thrashers from money done up in a handkerchief and deposited in an old red chest. Subsequent to the conversation at Neillsville, witness asked Staley how he came to go into the operation. Staley replied that Edwards had a very singular influence over him and that once he drew a pistol on him (Staley) for asking questions. Previous to Staley's confession at St. Charles I held out no inducements that he could turn State's evidence, and do not know of any one doing so The written confession was taken in Dr. Guthries office on Sunday.

I exaggerated the confessions of Whitman in most places. Asked Staley if there was any agreement where they were to meet or what they were to do in at case there was any suspicion or any arrest made. Staley replied that they all agreed that if one was arrested the others would stand by him. Staley told witness how the murder was committed. After the plan to rob Mr. Ableitner as laid he (Staley) backed out of it an Charley said to him: Damn you, didn't you come here with me and been here with me every day, and if we (Whitman and myself) go and do it you will be arrested with the rest because you have associated with us it will go as hard with you as with any of us. 8taley thought he should not have done it if he bad not been somewhat in liquor, and that the understanding was that no one should be hurt. The clubs were not to be used unless necessary and the Dutchman made too much noise.

Was present at the time of taking the written confession. Confession taken by Attorney Hill noticed no unusual excitement about prisoner during the confession he eating apples and smoking cigars. At the close of the confession, Hill told Staley he need not sign the confession unless he chose to do so, that it might be used against him that if he signed it, it should be of his own free will, without fear, favor or hope of reward don't know that 8taley made any reply. Saw feeling him sign the confession asked Staley how he came to cut the end of the ball off: He said, so that he could ram it down in the pistol.

Ed. Hill, Dr. Guthrie, and some five or six other men were present at the confession. Everett and Bingham were both asked to leave think the door was looked. Several of us bad dabbed together to find the murderers and have them arrested, for which money was raised. While in the room or during the day, the prisoner was not in irons.

First saw Page at Allen's camp, Clark county, Wisconsin, on Christmas night was arrested as party to the murder of Ableitner, at 8t. Charles last fall stayed at Neillsville one day and night Mr. Pool and Mr. Webb had charge of me most of the day right after dinner Page spoke to me about making a confession; he asked me where Edwards was; told him 1 did not know. Page informed me of the arrest of Whitman and stated some things Whitman had said to him; he then said he had seen my father, mother and sisters, and they requested me to tell him all about it; he then said, Charlie has got you into many a scrape, hasn't he; I told him he had not. Page then went on and related some of the conversations he had held with Whitman; said Whitman laid all the blame on him; the one that will tell the straightest story shall have the privilege of turning States evidence.

Got to Neillsville at about 3? o'clock...had dinner about 12? had talk with Page before dinner. He asked me if I knew where Edwards was; ??? me; said he had arrested Whitman; I did not remark that "I had gone to hell then;" he said Whitman laid all the blame on me; I made no reply; I believe, that he stated that Whitman saw me fire the shot. At Black River Falls I spoke about his promise that I might turn States evidence, and also in the evening. A document was here shown the defendant--acknowledged his signature.

All three testified as to a conversation held in the jail about the 20th of May between Page and Staley, the substance of which was that Staley accused Page of Lying to him when he told him that he had seen his (Statley's) father, mother and sisters and that they advised him to Page all about it; and that his confessions should not hurt him.

It being in evidence that the smallest of the three men present at the murder was the one that fired the fatal shot, the principal point elicited by the evidence to-day was that

Edwards was the smallest man of the party and Staley the largest. Defense closed and R. A. Jones, Esq., prisoner's counsel, commenced his argument. On

Mr. Jones finished his argument for the defense. In the afternoon, Mr. Cornell, Attorney General, summed up for the State. At five o'clock, .Judge Barber commenced the charge to the Jury, which occupied about one hour, Mr. Gove, of Boar Grove, was sworn to take charge of the Jury. The Jury immediately retired, and after being out until 11 1/2 o'clock the same evening returned to the Court room with a verdict of Guilty of the crime charged in the murder in the first degree.

Mr. Franklin, one of the Counsel for the defense, immediately gave notice of a motion for a new trial, when the Court adjourned till 9 o'clock,

A short time was spent this morning on the question as to the time when sentence should be pronounced and the hearing of the motion for a new trial. The Court decided to defer the sentence until after the motion was heard and disposed of, the time for which was set down for the 7th day of September next.

During the entire trial, lasting some nine or ten days, the appearance of the young man underwent no great change. He is of medium stature, well built, and in expression, candid, sincere and rather prepossessing. From long confinement in his cell, his hands and face had faded to a delicate white. His dress was scrupulously neat, his hair neatly combed and hung in graceful curls, giving him more the appearance of a dry goods clerk than that of a prisoner on trial for his life. As the dread ordeal drew to a close; as the terrible recollection of that fearful night of last October was renewed; the ominous words at the lumber camp in the dead of night "Get up George, I want you," were reiterated, and as the web of condemning evidence continued to be woven, his earnestness of expression indicated a deepening interest in the result of the investigation. But at no time did his self-control and steadiness of nerve forsake him. Confronted, face to face, at the lonely hour of midnight, with the twelve men who, under God, held his fate in their hands, all nature bushed in repose, the pale lamp throwing a weird and ghastly glare over all objects in the now almost deserted court room, young Staley listened to that awful word, "Guilty," coolly, composedly and without any apparent excitement or emotion. All present, including the Court, Attorneys and officers were deeply moved with the sadly interesting and solemn scenes of that midnight hour.

This document, taken by E. Hill Esq., of St. Charles, on the 29th day of December last, was offered and admitted as testimony on the trial. The substance of the writing as to the movements of the parties, Edwards, Whitman and Staley, in connection with the killing of Ableitner was mostly elicited by the verbal testimony of the prisoner and other witnesses on the stand. From the confession, however, we learn some particulars with reference to Staley's movements, for the three or four years immediately preceding the killing of Ableitner.

In 1859 he lived in his father's family at Portage City, Wisconsin. The same year George and his father started for Pike's Peak, returning home in a few months. He continued to live at Portage until the spring of 1867 he first saw Charles Edwards at Friar's Point, Mississippi. The two cam up the river, stopping at different points, arriving at St. Charles in September. Edwards is an old offender, and in the boy, Staley, he found too willing a pupil, an association which was abruptly terminated in the sequel of the atrocious murder of Ableitner.

reside in Wisconsin. The father, mother, two brothers and two sisters live in Buffalo,. Marquette County, and two elder sisters in Portage City. They have the reputation of being worthy, respectable citizens and are overwhelmed at the thought of a son and brother being guilty of the crime of murder. The father, Jacob Staley and a son, named James, and younger than George, have been present during the trial. The bearing of both father and brother has been such as to commend them to the respect and sympathy of all with whom they came in contact.

In all respects the trial has been one of more than usual interest. The extreme youth and candid demeanor of the prisoner; the unprovoked and atrocious character of the crime; the fact of its being the first murder trial ever had in the Olmsted County, Minnesota, together with the conceded ability of the Counsel on both sides all conspired to render the trial deeply interesting, the Court room being filled every day by a large crowd of spectators, many of whom were ladies.

Judge Barber, in the conduct of the trial and especially in his charge to the Jury has well earned the high commendation cheerfully accorded him. County Attorney Start, has given unremitting and patient attention to the case and in every difficult and trying step in its progress has shown a devotion to duty and official responsibility rarely excelled. He was assisted by Mr. Cornell, Attorney General, and while no feeling of cruelty or vindictiveness was exhibited by the Counsel for the State, they have labored untiringly and patiently to vindicate the honor and majesty of law by securing the conviction of the accused.

Hen. Benj. Franklin, of Winona and R. A. Jones, Esq., of this city were employed by the defense, and although failing to procure the acquittal of their client, every one will concede that all was done for him that eminent legal talent and persistent effort could accomplish.

For the purpose of correcting any erroneous impressions in reference to the penalty in this case, we would state, that under the statute, it is death. The act of last winter, amendatory of the death penalty statute, does not take effect in the case of any one where the crime was committed before the passage and approval of the act. The Governor May in this or any other similar case, in his discretion commute the sentence to imprisonment for life. The Rochester post. Pub. Date Jun 27, 1868

***George Staley did not hang. Responding to a popular petition, Governor William R. Marshall reduced his sentence to life in prison, and six years later Governor Cushman K. Davis granted him a full pardon. John Whitman, one of Staley’s cohorts, was apprehended, charged with murder, and pled guilty to third degree manslaughter, another instance of plea bargaining. He was sentenced to eight years in prison, but was pardoned by Governor Horace Austin after serving only three. A third robber, Charles Edwards, disappeared.

—Narrow Escape of a Man from Murder--A Thrilling Story.

The Rochester (Minn) Union, in announcing the postponement of the trial of Whitney and Staley, charged with the murder of Albeitner, some time ago,
relates the following thrilling story :
"We have been informed of a circumstance with which this trio were connected, which has not heretofore, we believe, been made public, but which possesses a degree of interest fully justifying its publication. The facts we gather from a brother of the assailed party, and a highly respected citizen, Mr. H. W. Chamberlain.

"During October last, Mr. Abner M. Chamberlain, residing in Elmira, this county, had taken several loads of wheat to the St. Charles market. When he had delivered the last load he designed selling, he drew his money for the whole lot, amounting to several hundred dollars.
It was near night when be was ready to leave for home, and by the time he had reached a piece of woods through which his road led, it had become quite dark; but not so dark as to prevent him from discovering, near the road side, the figure of a man, who promptly hailed Mr. Chamberlain, and inquired whether he was on the right road to Chatfield; and being answered in the affirmative, he then asked permission to ride. Mr. C checked his team and offered the applicant the favor he asked. The man placed himself in the rear part of the wagon, but there being ample roots in the spring seat, the owner insisted that the man should come forward and share his seat. After some hesitation, he consented, with evident reluctance, however, and placed himself on the left side of Mr. Chamberlain.

"After proceeding a few rods, his companion quickly remarked, 'you sold your wheat to-day.' This question plainly revealed to Mr. Chamberlain the dangerous character and purpose of his companion, and he replied 'No, I did not sell, but left my wheat in store.' Edwards, (for it was undoubtedly him) promptly replied . 'You're a d_d liar! You have over seven hundred dollars in your pocket -- and before these words were fully uttered, he had, with his right hand, drawn a revolver, and with his left seized the lines. Chamberlain is a powerful, brave man, and fully comprehending them peril of the moment and the importance of instant action, he dealt his adversary a terrific blow under his chin, which sent him overboard.

"The revolver discharged one of its barrels when the would be robber and murderer reached the ground. The horses instantly took fright, and started at a high rate of speed the reins having been thrown down when Edwards made his exit. The track was very narrow for some distance, and it required skillful driving to avoid a precipice on one side; but the horses fortunately kept the track, and after a flight of about three quarters of a mile, Mr. Chamberlain succeeded in making his way along the tongue of the wagon, and, mounting one of the horses, obtained Possession of the lines and control of his team. It has since been ascertained, by confession of one of the parties, that Whitman and Staley were lying in ambush near the point where Edwards made his attack, and were prepared to aid in the murderous work. The escape of Mr. C. from the danger threatened by his companion, and subsequently the peril he was in during the flight of his team, was miraculous. Ebensburg, PA, Thursday, April 30, 1868

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—Judge Barber of Winona, a few days since passed the death sentence upon Staley, one of the murderers of Ableitner. The sentence is to be executed on Friday, January 8, 1808.— The prisoner received the announcement with wonderful composure, resuming his sent after the Judge had concluded, and placing his signature to some paper before him with a hand as steady as any one in the Court room could use.

The St. Cloud journal. (St. Cloud, Minn.) 15 Oct 1868

—Staley, who was arrested at Allen's camp, Wedge's creek, in Clark county, Wis., last winter, for a murder commuted in Minnesota last year, has been sentenced to be
hung on the "5th day of March next. The Clark county (Wis.) Register says : "This will be sad news to many in this section besides the parents und relatives of the
unfortunate young man."

—Judge Barber of Winona, a few days since passed the death sentence upon Staley, one of the murderers of Ableitner. The sentence is to be executed on Friday, January 8, 1808.—
The prisoner received the announcement with wonderful composure, resuming his seat after the Judge had concluded, and placing his signature to
some paper before him with a hand as steady as any one in the Court room could use. The St. Cloud journal, October 15, 1868

—Republican Gov. William Rainy Marshall (October 17, 1825 – January 8, 1896), 5th Gov. of MN reprieved Geo. W. Staley, now in jail in Rochester, under sentence of death, for the murder of Albeitner, till the 6th day of August next. The St. Cloud journal. (St. Cloud, Minn.) 1869-03-04

—Republican Gov. Cushman Kellogg Davis (Jun 16, 1838 - November 27, 1900), 7th Gov. of MN pardoned George W. Staley, who was sent to the State Prison from this county in 1867 for the murder of Fred. Ableitner, an old man, resident of Dover. Staley was convicted of murder in the first degree and Judge Barber sentenced him to be hung, but Gov. Marshall Commuted the sentence to imprisonment for life in the State Prison. George is still a young man and with right aims and purposes May retrieve, in a good degree, what he has lost in bad habits and evil associations. The record and union. Pub. Date August 20, 1875, Rochester, MN

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Father: Jacob Staley (11 Augl 1811 in NY–20 Jan 1895)

Mother: Eliza Jane Winters (6 Jul 1814 in Schenectady, NY–22 Sep 1900)

Twelve Children of Eliza Jane Winters and Jacob Staley

Josephine Staley (Feb 1835–bef 1920)

Loduskie Staley (Jan 1837 in Montgomery, NY–6 May 1926)

Julia H. Staley (1838 in Schenectady, NY–1838)

Amanda M. Staley (10 Mar 1840 in Montgomery, NY–12 Mar 1926 in Cambridge, NE)

William J. Staley (1842 in Schenectady, NY–28 Augl 1862 in Gainesville (Brawners Farm), Prince William, VA)

Adelbert D. Staley (1843 in NY–12 Mar 1863 in Belle Plaine, VA)

George Winters Staley (28 Mar 1845 Montgomery, NY–5 Nov 1925 in Hot Springs, SD)

Elizabeth Staley (1846 in Montgomery, NY–Deceased)

James Staley (1847 in Montgomery, NY–Died in WI)

Florence Estella Staley (1850 in Montgomery, NY–?)

William Staley (1850 in Montgomery, NY–Deceased )

Eugene W. Staley (1857 in Wisconsin–Died in Carlisle, Schoharie, NY )

United States Civil War Soldiers Index, 1861-1865

Name: George W. Steeley
Also Known As Name: George W. Staley
Event Type:
Military Service
Military Beginning Rank: Private
Military Final Rank: Private
Military Side: Union
State or Military Term: Wisconsin Military Unit: 1st Regiment, Wisconsin Heavy Artillery
Military Company: F
Note: Original filed under George W./Staley

“On one occasion ‘Old Abe,’ the famous war eagle of the Eighth Wisconsin, was brought to Neillsville to take part in the reunion. He was considered somewhat of a precious bird, for he had Asst. Q. M. General McDonald and Captain J. W. Tolford, both of Madison, as the escort for him, and for his care and perch. The distinction of carrying ‘Old Abe’ seated on his perch was eagerly sought by many of the boys, the honor being awarded to the late John F. King, who was provided with a special guard. At another reunion the boys borrowed from the state authorities at Madison a cannon that was captured by the Fourteenth Regiment at the battle of Shiloh. It was part of a rebel battery, and this particular piece was spiked by Lieut. George Staley of Co. D. The state has had possession of it since the close of the war, and it is at present in the capitol park at Madison. On this occasion a sham battle was fought about a quarter of a mile southeast from the Neillsville high school. Louis Sontag and James Delane were in charge of the piece. By some carelessness on the part of one or both of them a premature discharge took place and Delane lost one of his arms.”

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Sources: Family Records, Census Records, Wikipedia, Family Search, German Church Records

Christoph Friederich "Fred" Ableitner (1820 - 1867) was born to Johannes Ableitner (1779–1839) and Anna Margareta Rahn (1790–1844) and a brother to Anna Maria Ableitner (1816–1887); Johann Ableitner (1817–?); (Fred was born 1820) Sabina (Sarah) Ableitner (1823–?); and Johann Georg Ableitner (1826–?).

When Christoph Friederich Ableitner was christened on 13 November 1820, in Württemberg, Germany, his father, Johannes Ableitner, was 41 and his mother, Anna Margareta Rahn, was 30.

Father: Johannes Ableitner 30 Jun 1779 Herbrechtingen, Evangelisch, Jagst, Baden-Wuttemberg, Germany - 13 Sep 1839
Married: 23 Oct 1816, Herbrechtingen, Evangelisch, Jagst, Baden-Wüttemberg, Germany to Anna Margareta Rahn (1790-1844)

Children of John & Anna (Rahn) Ableitner
Anna "Annie Mary" Maria Ableitner 11 Mar 1816, Herbrechtingen, Heidenheim, Baden-Wuerttemberg–-31 Augl 1887 in Pickerel Lake Township, Freeborn, Minnesota, buried in Congor, MN, United States; married Michael Frederick "Fred" Wiedmann who was born 23 Mar 1815, in Langenau, Alb-Donau-Kreis, Baden-Wuerttemberg, Germany, died: 5 Jun 1875, died in Herbrechtingen, Wurttemberg, Germany.

Johann Ableitner 18 Oct 1817, Herbrechtingen, Baden-Wüttemberg, Germany–?, married Apollonia Ischinger, Born 16 Dec 1824, Herbechtingen, Baden-Wüttemberg, Germany

Christoph Friederich Ableitner 1820, Herbechtingen, Baden-Wüttemberg, Germany–31 Oct 1867 in Dover, Minn., Murdered and is buried in the Chatfield, MN cemetery.

Sabina Ableitner 1823, Herbechtingen, Baden-Wüttemberg, Germany–1887

Johann Georg Ableitner 17 Sep 1826, Herbechtingen, Baden-Wüttemberg, Germany--?

Pennsylvania Marriages, 1709-1940

Name: Friedrich Ableitner, male (34 yrs. old)
Marriage Date: 4 Apr 1854
Location: Philadelphia Monthly Meeting, Philadelphia, Pennsylvania, United States
Bride: Salamea Noll, female (26 yrs. old)

Possible Relative: Franz Anton Knolle/ Knoll/ Noll in Alsace, b. 1819-d. 25 April 1893 and came to Wisconsin in 1864

Francis Anton Noll, 74 yrs. old, Death Date: 25 Apr 1893
Burial: 1893, Kewaskum, Washington, Wisconsin, United States of America
Cemetery: Saint Michael's Cemetery

Wife#1 Margaretha Dierstein –1880
Marriage: 16 Oct 1840, Canton,Oh
Children: Maria Noll (1841–1915); Victoria Dora Noll (1844–1929 )

Wife#2: Caroline Baumgartner Noll, Marriage: 25 Feb 1856
Born 7 Jun 1829, Alsace-Lorain, France (Eichsel, Landkreis Lörrach, Baden-Württemberg, Germany)
Died 5 Jul 1888 (aged 59)
Burial: Saint Michaels Cemetery, Kewaskum, Washington County, Wisconsin, USA

Immigration: Franz Noll, 21 yr. old male
Immigration Date: 1840, Ship Name: Rhein
Location: New York City, New York, United States
Nationality: France
Birth Year: 1819
Birthplace: France

Household
Franz Noll Male 51 France
Caroline Noll Female 41 Baden
Francis Noll Male 11 Wisconsin
Henry Noll Male 10 Wisconsin
Louis Noll Male 4 Wisconsin
Michgunda Baumgartner Female 67 Baden

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France, Births and Baptisms, 1546-1896

Nicolas Lapp, male
Birth Date: 29 Oct 1815

Salome Lapp, female
Birth Date: 28 Jan 1824
Location: Wingersheim, Bas-Rhin, Alsace, France

Francoise Lapp, female
Birth Date: 9 Mar 1826
Location: Wingersheim, Bas-Rhin, Alsace, France
Father's Name: Joseph Lapp
Mother's Name: Salome Knoll

Location: Wingersheim, Bas-Rhin, Alsace, France
Father's Name: Joseph Lapp
Mother's Name: Salome Knoll

Michel Lapp, male
Event Type: Birth Date: 7 Oct 1833
Location: Wingersheim, Bas-Rhin, Alsace, France
Father's Name: Joseph Lapp
Mother's Name: Salome Knoll

Spring Grove Cemetery
LOCATION
4521 Spring Grove Avenue
Cincinnati, Hamilton County, Ohio, 45232 USA
WEBSITE www.springgrove.org

Salomea Lapp, female
Birth Date: 21 Oct 1796
Location: Wingersheim, Bas-Rhin, Alsace, France
Father's Name: Joseph Lapp
Mother's Name: Catharina Wideman

Pennsylvania Births and Christenings, 1709-1950

Name: Magdalena Ableitner, female
Christening Date: 24 Apr 1855 (Philadelphia, Pennsylvania, United States)
Philadelphia, Philadelphia, Pennsylvania, United States
Father: Friedrich Ableitner
Mother: Salome Noll

Household--Estate Value: $1,000; Personal Estate: $263
Friedrich Ableitner Male 40 (1820) Wuertenberg
Sarah Ableitner Female 32 (1828) Baden (Alsace, France)
Magdalena Ableitner Female 5 (1855) Pennsylvania
Friedrich Ableitner Male 2 (1858) Wisconsin
Sarah Ableitner Female 0 (1860) Wisconsin

Pictured above is a typical cabin built in Olmsted Co. in the 1860-1870 time frame. A crew of 25 neighbors could erect such a house in a day. It is likely the Ableitner family moved into an existing home.

Minnesota Births and Christenings, 1840-1980

Name: Walter Frank Henry Ableitner, white American male
Birth Date: 8 May 1902 in Elba, Winona, Minn
Location: Elba, Winona, Minnesota, United States
Location (Original):
Father's Name: Fred Christopher Ableitner
Father's Birthplace: Wisconsin
Father's Birth Year (1859), 43 yrs. old
Mother's Name: Hulda Mary Rambaum
Mother's Birthplace: Germany
Mother's Age: 35 (1867)

Minnesota Deaths and Burials, 1835-1990
Name: Sarah Ableitner, white American married female, farmer

Birth: 1817 in Germany
Death Date: 18 Jan 1889
Location: Elba, Winona, Minnesota, United States
Location (Original):
Elba, Winona County, Minnesota, United States
Age: 72

Sophia Buntrock Nienow
Birth 19 May 1828
Death 23 Jan 1889 (aged 60)
Burial: Berea Moravian Cemetery, Elba Township, Winona County, Minnesota, USA

Sophie Luise Buntrock, 32 yrs. (1828)
Father: Martin Buntrock
Spouse: Johann Gotth? Hermann Ninow 24 yrs. (1836)
Other information in the record of Johann Gotth? Hermann Ninow from Germany, Prussia, Pomerania, Catholic and Lutheran Church Records, 1544-1966
Marriage Date: 18 May 1860 in Wisbu, Regenwalde, Pommern, Preußen, Deutschland

Germany, Prussia, Pomerania, Catholic and Lutheran Church Records, 1544-1966

Name: Johann Gotth? Hermann Ninow, 24 yr. (1836) male
Marriage: 18 May 1860, Wisbu, Regenwalde, Pommern, Preußen, Deutschland
Bride: Sophie Luise Buntrock, 32 yr. (1828) female
Father's Name: Martin Buntrock

1870 Census, Plainview, Wabasha, Minnesota in the home of Lodwick Mason (48 yrs.)
Household--2nd Census for John & Sophie by James Crowley 21 Jul 1870

Lodwick Mason Male 48 New York
John Neino Male 6 Minnesota
Margaret Gowan Female 13 Minnesota
Sarah Mason Female 42 New York
Sophie Neino Female 4 Minnesota
Abbie Gowan Female 11 Minnesota
Francis Mason Male 20 Wisconsin
John Gowan Male 9 Minnesota
Carlos Mason Male 18 Wisconsin
Mary Gowan Female 7 Minnesota
Alma Mason Female 12 Wisconsin
Louisa Gowan Female 5 Minnesota
Ardilla Mason Female 6 Iowa

Household in 1885
Herman Ninow Male 48y (1837) Prussia
Sophia Ninow Female 56y (1829) Prussia
Minnie (Auguste Friedrike Wilhelmine) Ninow Female 26y (1859) Prussia; Born 25 Feb 1861 & Baptized 3 Mar 1861
August Ninow Male 23y (1862) Wisconsin
John W Ninow Male 20y (1865) Minnesota
Sophia D Ninow Female 18y (1867) Minnesota

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Married Herman Gerhardt Nienow 1836-1917

Sophia Buntrock Nienow
Minnesota Deaths and Burials, 1835-1990

1870 Census, Cook, Illinois, United States, Chicago, ward 18, Cook, Illinois, United States

Household
Devillo J Page Male 35 New York
Minnie Page Female 27 New York
Devillo Page Male 6 Illinois
Daniel W Page Male 3 Illinois

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