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HomeMy Public PortalAboutCrime: Murder - Reberk, Julius103 CHARLES kRNST KILLING OF JU[.IUS RFBERK Cascade News ---- Killing on Sheep Creek Vol. III January 18, 1918 #43 Peliminary Hearing of Char1.7s Ernst Vol. III January 25, 1918 #14L4 Sheriff Coes to Florida 1t Vol. V April 18, 1919 #4 Murdey Trial Set for Thursday, July 31 Vol. V July 25. 1919 #18 Charles Ernst Trial is Set for Monday Vol. V Ault 1, 1919 #19 Trial of Charles Ernst Vol. V August 8, 1919 #20 Second Degree MUrder Vol. V August 15, 1919 #21 Ernst Case Appealed Vol. V October 10, 1919 #29 Ernst Asks for Review of His Case Vol. VI May 21, 1920 #9 Frances Ernst Makes Another Confession Vol. VIII April 15, 1921 #4 Frances Ernst Pardoned Vol. X April 11, 1924 #3 104 Killing on Sheep Creek Cascade News January 18, 1918 Volumn III Number 43 otik Charles Ernest Held at Salmon Cit for Shoot �� be y ing Julius Burben-Valley County Sheriff Goes After Prisoner. fee4thJuliusen was killed by Charles Ernest on Sheep Creek, in Valley county, about 80 miles northeast of Cascade near the Lemhi county line, some time in December. Ernest is now in jail at Salmon City, awaiting the arrival of Sheriff P. C. Sherrill of Valley county, who started for Salmon City Tuesday morning to bring the prisoner to Cascade where his preliminary hearing will be held. The telegram, which was received by the authorites at this place Sunday evening, did not give any of the particulars of the tragedy, not even the date upon which the killing took place, It is not expected that the sheriff will be able to make the trip to Salmon City and back much short of ten days. 105 • • • Preliminary Hearing of Charles Earnest. Cascade News January 25, 1918 Volumn III Number 44 Sheriff P. C. Sherrill returned Monday evening froia Salmon City, county seat of Lemhi county, with Charles Earnest, charged with the killing Julius Reberk, by shooting, at Reberk's residence on Sheep Creek in Valley county on the 18th of December. Earnest is having his preliminary hearing before Probate Judge Kimball at this place today. At the hour of putting this number of the News on they press, the divorced wife of the prisoner, who was the first witness called for the State, had not concluded hrer teatinmony. There are several witnesses yet to be examined. The prison?r, a man of about 31 years of age, was accompanied to Cascade by his 4-year old son. He was divorced from his wife last November and the killing is claimed to have been the sequel of.family troubles. It is said that the divorced wife of Earnest testified against him at the coroner's inquest, furnishing the principal evidence upon which the answer to the charge of murder. 106 Sheriff Goes to Florida. Cascade News April 18, 1919 Volumn V Number 4 Sheriff Edward A. Smith took his departure Wednesday morning for Ybor City, Florida, to bring back to Valley county Mrs.. Earnat, who was principal witness for the State at the preliminary trial of Charles Earnst, her divorced husband, charged with the killing of Julius Reberk, on Sheep Creek in the extreme eastern portion of Valley county on Dec. 18, 1917. The cars° is expected to come to trial at the next texas of the district court. Craig Smith is acting as deputy sheriff during the sheriff's absence from the county. • 107 Murder Trial Set for Thursday, July 31. Cascade News July 25, 1919 Volumn V Number 18 Judge Charles F. Reddoch will convene an adjouned session of . district court for Valley county on Tuesday next, July 29th.. The trial of Charles Ernst, charged with the killing of Julius Reberk, on Sheep Creek, in the extreme eastern portion of this county on December 18ih, 1917, has been set for trial on Thursday, July 31st. Frances Cooper, the divorced wife of Ernst, who was the principal witness for the State at the preliminary trial, and who is now also being hold to answer a similar charge to that against her former husband, will be placed on triad immediately following the conclusion of the case against Charles Ernst. Prosecuting Attorney R. B. Ayers returned home last Saturday from Lamhi county where he spent several days investigating the evidence in connection with the cases. • 108 Charles Ernst Trial is Set for Monday Cascade News August 1 1919 Volumn 9 Number 19 Judge Charles F. Reddoch and Irving Smith, official court stenographer, arrived Sunday evening from Boise and district court was convened Menday morning. The first day was devoted to the hearing of motions andr demrrere, and the dismissal of what was commonly known as the Donnelly-Roaeberry "Dag Case," which was settled by agreement.rof parties, the defendant paying the costs. The case State vs. Charles Ernst, charged with murder, was set for Monday owing to the fact that defendant's attorney and witnesses had not arrived from Lemhi county. The jurors in attendance were excused until Monday and the court ordered 47 additional jurors to be drawn and Fred Driggs was appointed by Ju gat Reddoch as special deputy to summon the jurors, as both the sheriff and coroner were disqualified by having been indorsed on the information by the State as witnesses in the case. It is believed the trial will consume most of the week. • 109 Trial of Charles Ernst Cascade News August 8, 1919 Number 20 Volumn V Absorbing Interest of Community- - -Will Not be Concluded Before Monday or Tuesday of Next Week. Frances Cooper Testifies for the State Against Her Former Husband Defendant Placed on the Witness Stand in Own Behalf. The trial of Charles Ernst who was charted with the murder of Julius Reberk in Valley county on December, 1917, is now in progress and will probably not be concluded before Monday or Tuesday of next week. The state is represented by Prosecuting Attorney R. B. Ayers of Valley county, and the defendant by L. E. Glennon of Salmon City and T. S. Risser of Boise. A jury for the trial of the casewas secured just before the noon adjounment of court on Tuesday, after the examination of about seventy men who had been summoned. The jury is as follows: J-.es Darkwood, Fxd Hall, F. H. Wallace, B, E. Himler, Thomas Moore, P. G. Hanson, William Barker, Edwara. Cole, W. A. Spickelmf.re, Douglas Yenson, Shelby Connor, W. A. Bean. There has been in attendance thirty witnesses for the State and six for the defense, most of them from Lemhi county. Frances Cooper, divorced wife of Charles Ernst and against whom a charge of murder is also pending, was the principal witness for the state. She related in a thrilling recital the circumstances of the killing of Reberk by the defendant, the burial of the body at night and subsequent developments that resulted in Ernst being arrested for the crime. Upon cross examination, a letter written by the witness while in Florida, in which she confessed that she, instead of Ernst, fired the fatal shot that ended Reberk's life, was intro- 110 duced by the defense. The evidence on the part of the prosecution closed at noon Wednesday. Counsel for the'defenee placed Ernst on the stand Wednesday after- noon, who has testified that Frances Cooper, his former wife, shot Reberk, relating at length his presence at the Reberk place at the time of the t•yagedy and his subsequent determination and efforts to shield the woman from the consequences of her crime because she was the mother of his child. Ernst is under cross-examination at the time this brief account of the trial is being put in type. The attendance at the trial has been so large every day that the seating capacity of the small room which court is being held will but little morethan accommodate the ladies preset. • 111 Second Degree Murder Cascade News August 15, 1919 Volumn V Number 21 Verdict of Jury in the Charles Ernst Trial--- Frances Ernst Pleads Guilty to Charge of Manslaughter. Charles Ernst Sentenced to Serve from 10 to 25 Years in State Pen- itentiary and His Former Wife Given 5 to 10 Years. In the gray dawn of Tuesday morning, when the jury filed :!.nto the court room and delivered a verdict of murder in the second degree, against Charles Ernst, charged with killing Julius Reberk in this county on the 18th day of December, 1917, there ended one of the most remarkable murder trials that has ever been held in Idlho. The hearing of the evidence was concluded Saturday. Arguments by County Attorney Ayers for the prosecution and L. E. Glennon of Salmon City, and I. S. Risser of Boise, representing the defendant, occupied the day Monday. Judge Charles F.-Reddoch finished reading the instructions of the court to the jury a little after eight o'clock Monday evening and the twelve men upon whose verdict depended the future of Charles Ernst, retired for their deliberations. The jury having arrived at a verdict at 4 o'clock Tuesday morning, at 4 o'clock Tuesday morning, Judge Reddoch was called from his bed and going to the court room ordered the jury brought in, when the following verdict was delivered by F. H. Wallace, foreman and read by the clerk: "We the jury, find the defendant guilty of murder in the second degree." There,were only present when the verdict of the jury was re- ceived, the emit officers, counsel in the case and the defendant_. Upon dismissal of the jury, Judge Reddoch announced that a recess would be taken until four o'clock in the afternoon 112 Upon the xe convening of court Tuesday afternoon, the defendants attorneys waived their right of further procedure in thefcase, where- upon the court pronounced sentence upon Charles Ikennt, committing him to the state penitentiary for not less than 10 nor more than 25 years* Following immediately upon the singeof- aentenee upon: e/varles---- Ernst, her formerhusband, against whoa she had testified as principal witness for the State, Frances Ernst, was arraigned upon a complaint filed within the previous hour by the prosecuting attorney, charging her with the crime of 'manslaughter." Being informed by the court of her right to be xepresented, by cauhi sel and statutory time ale might demand, the defendant promptly %mimed_ -. such right and expressed a desire to plead to the charge filed Meet her. The complaint then being read by the clerk, the defendant entered & plea of guilty. Prosecuting Attorney Ayers then addressed the court briefly, calling attnetion to the fact that the State had depended upon the evidence of Frances Ernst of secure a convfiion of Charles Ernst, referring the court to the usual practice, as he understood it, of courts in such cases. The judgment of the court was then pronounced upon the defend- ant, Frances Ernst, that she be sentenced to the state penitentiary for a period of not less than fivey nor more than ten years. The prisoners were taken by Sheriff Smith to Boise on Wednesday morning's train, to been serving their sentences.. The crime for which Charles Ernst and his former wife Frances Ernst are now paying the penalty, was committed at, the Reberk ranch in the far eastern Feet of Valley county on the morning of the 18th day of December, 1917. Frances Ernst, known as Frances Cooper, from whom Charles Ernst had, obtained a divorce only a few weeks before, was living with Reberk in his isolated cabin,,on Sheep creek where the 113 killing took place. It was not until almost a month later that an investigation of the sudden disappearance of Reberk from the community resulted in a confession from the woman that Charles Ernst had commit- ted the murder and that the dead man had been buried at night in a nearby field. She subsequently told where the body had been buried and related the gruesome pariculars of the tragedy in detail. The crest of Charles Ernst followed at Challis, Idaho, a few drays later. He was turned over to the sheriff of Valley county and had his prliminary hearing before Probate Judge L. S. Kimball at this place on the 25th of January, 1918, which resulted in his being held for trial on the charge of murder. During more than two years foll- owing he was practically at liberty, working in the lfging camps at this place and McCall, reporting to the sheriff from time to time. He contracted a second marriage during the past winter. His present wife has a son about the same age as the son of his former marriage, who is now five years old. Frances Ernst, whose evidence, strongly supported by corrobor- ative testimony, resulted in the conviction of Charles Ernst, left the state shortly after the preliminary trial, going to the home of her parents at Tampa, Florida. During the past winter she wrote letters to P. M. Kerby, former prosecuting attorney, revealing her place of residence, making a confession that it was she, instead of her former husband, killed Reberk, and offering to return.to Idaho and accept the consequences of the crime, if a railroad ticket and money for other traveling expenses should be sent of her. At that time she repudiated the truth of these statements and testified along the same lines as.at the first examination more than two years ago, when her evidence resulted in Ernst being held for the crime. Some time later Sheriff Smith was given expense money by the commissioners 114 of Valley county and brought the woman back. When placed on the witness etand in his own defense Ernst admitted that he was present and witnessed the killing of Reberk, said he was covering the man with a revolver in defense of his own person, when the woman fired the shot that ended Reberk's life.. He admitted that he remained at the cabin with the woman two day and nights after the killing and -said he had afterwards tried to shield her because she had been his wife and was the mother of his child.. The prosecution based its case largely upon the theory that a cores piracy existed between the man and woman against the life and property of Reberk, introducing code letters that passed between them and other circumstantial evidence in support of that contention. The State used 14 witnesses, those .from Lemhi haveing traveled nearly 600 miles coming and going. The cost of the trial to Valley county will be approximately $5,000.. • 115 Ernst Case Appealed. Cascade News October 10, 1919 Volumn V Number 29 Notice has been served on Prosecuting Attorney Ayers of Valley county, that an appeal has been taken to the Supreme Court, in the matter of Charles Ernst, who wn.s convicted at the August term of District Court of the murder of Julius Reberk. • 116 Ernst Asks for Review of His Case. Cascade News May 21, 1920 Volumn VI Number 9 Attorneys for Charles Ernst filed transcripts Saturday in the tvpreme court asking that body to make a review of the case. Ernst was convicted by a jury in the district court of Valley county, Judge Charles B. Reddoch presiding, of murder in the second degree, on August 12, 1919, having been charged with killing Julius Reberk on December 18, 1917. &mst is :now serving a sentence of 10 to 25 years in the state penitentiary. • 117 Frances Ernst Melees Another Confession Cascade News April 15, 1921 Volumn VIII Number 4 Now Says that She Fired the Shot That Killed Reberk. Stories of Ei,fats Materially Differ. The state board of pardons Tuesday refused to grant pardons to Charles and Frances Ernst, formerly husband and wife, who are serving time in the Idaho penitentiary for the murder of Julius Reberk in the extreme eastern part of Valley county in December, 1917. Both applications are to be held over by the board until the July meeting. The decision of the board followed an all -day meeting in which varying confessions concerning the killing were:taken from Mr. and Mrs. Ernst. Mr. Ernst was sent to the penitentiary from Valley county in August, 1919 on the testimony of his former wife, who said that her husband was guilty of the killing. Mrs. Ernst was incarcerated in the penitentiary on her own plea of guilty to a charge of manslaughter and appeared before the board but refused to tell her story in the absence of the governor. Subsequently during the session Wednesday morning in the gov- ernorls office Mrs. Ernst confessed that she had done the killing and that her testimony to a Valley county jury to the effect that her husband was the guilty one was not true. Mt. Ernst appeared before the board at the penitentiary in the afternoon but refrained from talking much because his attorney was not present. The story that he told, however, to members of the board about certain events is at variance with what his wife told concerning the same incidents. He asked that he be allowed to fully 118 present his case at the duly meeting of the board. T. S. Risser, a Boise attorney, who defended Charles Ernst in is trial, also made a statement before the board when it was in session in the governor's office. He referred to two letters written by Mrs. Ernst from Florida, where she went :after the preliminary hearing of the ease against Charles &sl t was held at this place. These letters were addressed to F. M. ,Kerby of Cascade who had formerly been prosecuting attorney of Valley county. In each of these, according to Mr. Risser's statement, she said she killed Reberk and in the second she gave all the details. "Mr. Lisser also mentioned a fact," says the Statesman's report, "which in the opinion of the pardon board, is the key to the whole difficulty. When Mrs. Ernst caws, back from Floriia to participate in the trial of her husband, it it alleged that a certain officer influenced her to try to 'stick' her husband so she would get off lightly." In her confession before the pardon board Ers. Ernst gave an accont of herself and husband homesteading in a wild and almost inaccessible part of Lemhi county. She described her life there as a "prison." Reberk finally came along and after becoming acquainted with Mrs. Ernst told her that if' she would divorce her husband he would marry her. This, she said, she did and went toil live with Reberk, who refused to marry her. rrnst beard where his former wife was and went to Reberk's cabin, arriving on the day that Reberk and Mrs. Ernst were having a quarrel. At this point the story as told by the two inmates of the peni- tentiary varies. Mrs. Ernst says that.:Reberk went out of the cabin, saw Ernst outside and same back threatening to kill her for telling her former husband where she was. He reached for a rifle from the r, 119 wall and .a scuffle ensued in which she took the weapon away from him and the two scuffled outs the door together into the yard. Here, according to Mrs. Ernst, she feed herself from Reberk and in a stooping position fired at him without placing the rifle to her shoulder. Her husband's story of this incident is entirely differiit. He confessed to the pardon board that he gave his wife a rifle after she and Reberk came from the house. He stated, however, that he thought he took all the cartridges from the magazine but carelessly must have overlthoked one. He says that the shot from which Reberk died was fired from behind him as he was advancing toward Reberk. Charles Ernst will be represented at his hearing before the state p pardon board in July by Attorney D. 14. Cox of Cascade, who has been retained in the case. • 120 "Frances Ernst Pardoned" Cascade News April 11, 1924 Volumn X Number 3 At the April meeting of the State pardon board. Frances Ernst, who plead guilty to manslaughter in galley county in August 1919, was granted a pardon. She wishes to marry and leave the country. •