USA > Wisconsin > Milwaukee County > Milwaukee > History of Milwaukee, city and county, Volume I > Part 59
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JJust then the door opened to admit Elbert E. Martin, the herculean stenog- rapher who had grabbed Schrank before he could fire a second shot. "Here he is," cried the Colonel, waving his hand, "here is the man that did it." Martin had brought a lot of telegrams. The Colonel, lying propped up ad-
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justed the great tortoise shell glasses and proceeded to look them over. W.th one he seemed especially pleased. It came from Madison, Wis., and was as follows: "Permit me to express my profound regret that your life should have been in peril and to express my congratulations upon your fortunate escape from serious injury. I trust that you will speedily recover." This was signed by Robert M. La Follette. He then dietated a reply, as follows : "Senator Robert M. La Follette,-Thanks sincerely for your kind expressions of sympathy." Half an hour the Colonel spent looking over and answering private telegrams, dictating always in a clear, strong voice. When he had done he talked with the newspaper men of former experiences of the kind he had just gone through and of the eranks at Sagamore Hill and at the White House. "But I never had a bullet in me before," he said.
Resumption of Campaign Activities .- By the 17th, having now become convinced that he was beyond all possible danger, Colonel Roosevelt resumed the active campaign from his sick room in Mercy hospital, by dictating a statement in which he requested his political opponents to continue the fight as if nothing had happened to him. Quoting from a statement of Mr. William J. Bryan that "the issues of this campaign should not be determined by the aet of an assassin, " he commented thus: "We emphatically demand that the discussion be carried on precisely as if I had not been shot." "I cannot too strongly emphasize the faet," he continued, "upon which we Progressives insist that the welfare of any one man in this fight is wholly immaterial com- pared to the greatest fundamental issues involved in the triumph of the prin- eiples for which our eause stands. If I had been killed the fight would have gone on exactly the same." Then naming some of those who were most prom- inent among his supporters he continued : "They would have continued the fight in exactly the same way if I had been killed, and they are continuing it in just the same way now that I am, for the moment, laid np."
Homeward Bound .- The trip homeward was safely made by Colonel Roose- velt and the portion of his family who had joined him at Mercy hospital. The party started on the morning of the 21st and reached Oyster Bay on the morning of the 22d. On the evening of the 30th the Colonel addressed a large audience at Madison Square Garden in New York estimated at 15,000 mon and women. Another vast crowd waited all the evening outside the entrance of the Garden in the hope that they might eateh a word or two from the Colonel as he departed. They were d'sappointed, however, for his physicians, fearing it was too great a tax on his strength, would not permit him to make more than one address.
Capture of the Assassin .-- Let us now return to the scenes of the attempt made on the life of Mr. Roosevelt in Milwaukee. Within five minutes after the shooting the misereant who fired the shot was on his way to the police station in the patrol wagon. Tle was securely locked up though the crowds assembled in the neighborhood elamored for his life. The men who had over- powered Schrank in his murderous attempt were Elbert E. Martin, Capt. A. O. Girard, Col. Cecil Lyon of Texas, Serg. Albert Murray of the Milwaukee police department, and Detectives Harry Ridenour, Louis Hartman, and Valentine
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Skierawski of the Milwaukee police department, and Frank Buskowsky as appears on a later page.
When first questioned at the central station the prisoner would not give his name but afterward gave it as John Schrank. He had been roughly han- dled after the shooting. He clung to the revolver until it was wrenched from his grasp. On his person were found several written declarations of his inten- tions to shoot the ex-president indicating by their tone and expressions that he was an insane man with homicidal purposes. On being taken before Judge N. B. Neelen he admitted that he had fired the shot which wounded Colonel Roosevelt. The district attorney, W. C. Zabel, said: "So far as I have been able to determine from several examinations, John Schrank is legally sane. fle has a perfect knowledge of right and wrong and realizes that the act he committed was against the law. Medically, he may have a slight aberration, but only experts could determine that." Schrank then entered a plea of guilty. "} plead guilty and waive examination," he said.
Further Proceedings in the Case .- On the 13th of November the prisoner was brought before Judge Angust C. Backus in the Municipal Court. The following physicians were appointed to make an examination of his mental condition : Drs. F. C. Studley. W. F. Becker, Richard Dewey, W. F. Wegge, and D. W. Harrington, all of Milwaukee. The court also appointed Attorney James G. Flanders to represent Schrank. Judge Backus ordered him to stand and listen to the charge made against him, and he was asked to plead guilty or not guilty. "} plead guilty to the shooting, " he answered. "Did you intend to kill Theodore Roosevelt ?" asked Mr. Zabel. To this he replied, "] did not intend to kill the citizen Roosevelt, I intended to kill Theodore Roosevelt, the third termer. I did not want to kill the candidate of the progressive party. I shot Roosevelt as a warning to other third termers." At the afternoon session of the court the physicians were present to be sworn and the sheriff was ordered to allow them to see the prisoner whenever they wished to do so.
On November 22d Schrank was declared insane by the five alienists who had been appointed to examine him. The findings of the court were then read by Judge Backus, as follows: "The court now finds that the defendant, John Schrank, is insane, and therefore incapacitated to aet for himself.
"It is therefore ordered and adjudged that the defendant, John Schrank, be committed to the Northern Hospital for the Insane, near Oshkosh. in the County of Winnebago, State of Wisconsin, until such time when he shall have recovered from such insanity, when he shall be returned to this court for further proceedings according to law."
The prisoner expressed disappointment at the result of the examination. "Why didn't they give me my medicine right away." he exclaimed. "I did it and I am willing to stand the consequences of my act. I want to say now that I am sane and know what I am doing all the time. I am not a luinatie and never was one." Schrank was taken to the Northern Hospital for the Insane at Oshkosh by Deputy Sheriff Richard Muldenhauer and Fred Becker, bookkeeper in the sheriff's office, on the morning of November 25th.
Additional Details .- Some further details of the thrilling event which nearly resulted in a tragedy are added in this place. Among those who wit-
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nessed the shooting of Colonel Roosevelt was Thomas Taylor who was in the automobile at the time. Mr. Taylor said he was in the machine standing at the door of the Hotel Gilpatrick waiting for the distinguished guest to finish his meal in the dining room, and then convey him to the Anditorium so as to arrive there about 8:00 o'clock. When Mr. Roosevelt was seen coming down the steps of the hotel, Taylor turned on the power, and opened the door of the automobile to admit him and his party. Martin got in first and turning about started to assist the colonel. Captain Girard and Henry F. Cochems followed.
Taylor then heard a "low report" which caused him to look at the crowd to see what cansed it. He saw Schrank with a revolver in his hand and that Captain Girard and Martin were both "on top of him." In the confusion that followed Taylor himself was knocked down but he saw that a dark man who looked like a laborer was holding Schrank by the arm in a firm grasp and seemed to be struggling with him. This man who had struck Schrank's arm as he fired and who struggled with him immediately afterwards was ascer- tained to be Frank Buskowsky, 1140 Seventh Avenue, Milwaukee.
Buskowsky said in a later interview, "I was so excited when I realized that the man next to me had shot at Mr. Roosevelt that I felt like killing him, and I cried out at the top of my voice as I held him, 'Kill him, kill the d-d scoundrel.' The police must have thought that I meant Roosevelt, for when one of them came up to me he yelled, 'What in b-Il is the matter with you ?' and hustled me away. As I cannot speak good English I could not explain that I meant Schrank and not Roosevelt. I was so excited when the police took me away that way, that I went immediately home. If I could have explained myself that patrolman would have heard something from me for the way he clubbed me on my head. My hat was smashed in. I came home disgusted with the treatment I had received by the police. The next morning I read all about Martin capturing that man and it made me mad, for I was the first one to grab him and prevent him from shooting any more."
Mr. Coehems, in his aceonnt, says that "Buskowsky is a Bohemian and has been in America seven years, during which period he has been an enthus- iastic supporter of the Bull Moose leader."
Reviews and Comments on the Schrank Case,-In the last chapter of Mr. Cochems' book he adds a review of the court proceedings in the Schrank case, together with press comments. lle says that in this case a new form was established which has "met with favorable comment on the part of lawyers, alienists, court offieials and editors all over the world." In his instructions to the five alienists whom he had appointed to examine Schrank as to his sanity, Judge Angust C. Backus said :
"You have been appointed as an impartial commission to examine into the present mental condition of the defendant John Schrank, who is charged with the crime of assault with intent to kill and murder Theodore Roosevelt with a loaded revolver, on the 14th day of October, 1912, in the City and County of Milwaukee and State of Wiseonsin.
"The court in this proceeding will finally determine the issue. I have decided to take this method of procedure instead of a jury trial, because as a rule in trials by jury the case resolves itself into a battle of medical experts,
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and in my experience I have never witnessed a case where the testimony of the experts on one side was not directly contradicted by the testimony of as many or more experts on the other side. Where men especially trained in mental and nervous diseases disagree, how can it be expected that a jury of twelve laymen should agree? Such testimony has been very unsatisfactory to the jury and the court, and generally very expensive to the community.
"Bear in mind, gentlemen, that your appointment has not been suggested by either counsel for the state or for the defendant, or by any other party or source directly or indirectly interested in this inquisition. You are the court's commission, and you must enter upon your duties free from any bias or prejudice, if any there be. You should assume your duties, and I know you will, with the highest motives in seeking the truth, and then pronounee your judgment without regard to the effect it may have upon the state or upon the defendant: in other words, in your inquiry and deliberation you are placed on the same plane as the judge.
" If any person seeks to influence yon or talks to you as a commission, or to any member of the commission who is not duly requested to appear before you, report him to the court so that an order to show cause why he should not be punished for contempt may issue. If there be any witnesses you desire the court will command their attendance. The court will grant you the serv- ices of a stenographie reporter so that everything that is said and done may appear of record. The commission may now retire, select a moderator and proceed with the inquiry.
"Now, gentlemen, perform your duties fairly and impartially, and ren- der such findings to the court as your consciences and your judgments ap- prove. The question for your determination is. 'Is the defendant. John Schrank. sane or insane at the present time?' "
Summary of the Defendant's Views and Career .- In the various examina- tions of the defendant the following facts were brought out. John Schrank was a native of Bavaria where he was born in 1876. After the death of his parents, he came to America when he was twelve years of age, and lived with an unele and aunt. The unele kept a saloon in New York in which the boy was a bartender. For three or four years he attended night schools and ac- quired a fair knowledge of the English language. On the death of his uncle and annt in 1910 and 1911, he became the heir to considerable property of an estimated value of $25,000. He supports himself from the income of this property. He is unmarried. Ilis tastes are literary and he is a diligent reader of the New York papers. He also wrote freely on the political issues of the day though his writings were not printed. These writings were pro- duced for the information of the commission. He has also read widely in books concerning American and European history from which he has drawn conclusions justifying deeds of violence towards leaders who by their acts have deserved death. "Trying to get perpetual power and dictatorship would justify killing, " he wrote in one of the documents which he submitted. These documents were quite voluminous and rambling in style and reasoning.
On account of a dream he had several years ago he had become convinced that Mr. Roosevelt in some way or another was the cause of Mr. MeKinley's
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death by means of which he was able to gratify his ambition to become presi- dent. At the time that the Progressive party came into existence, and had nominated Mr. Roosevelt for its presidential candidate, he formed a strong conviction that in his aetion of accepting the nomination he had violated the "third term tradition" which he held to be a saered doctrine, and then he determined to kill him whenever the opportunity offered. lle sought to justify himself for coming to this determination in his answers to questions, and at no time did he express or exhibit remorse for his act.
The Conclusions of the Alienists .- The result of the inquiry into the mental condition of the defendant, John Schrank, was submitted by the commission of alienists, appointed by Judge Backus, and was as follows:
"Our conclusions are as follows-
"First, John Schrank is suffering from insane delusions, grandiose in character, and of the systematized variety.
"Seeond, In our opinion he is insane at the present time.
"Third, On account of the connection existing between his delusions and the act with which he stands charged, we are of the opinion that he is unable to eonfer intelligently with counsel, or to conduct his defense.
"Dated at Milwaukee, Wisconsin, November 22, 1912.
[Signed] Richard Dewey, M. D., Chairman. W. F. Becker, M. D. D. W. Harrington, M. D. Frank Studley, M. D. William F. Wegge, M. D."
Editorial Comment .- In an article printed in the Milwaukee Free Press it is said: "The findings of the alienists appointed by Judge Backus to de- termine the mental condition of Schrank were foreseen. There has been little doubt at any time of the derangement of that unfortunate man. This fact, however, does not detract from appreciation of the excellent and novel course pursued by Judge Backus in taking advantage of the statute that permitted him to submit the question of Schrank's sanity to a body of alienists appointed by himself instead of leaving the question to a jury at the tender merey of alienists employed alike by state and defense.
"The judge justified his procedure in these words, when instrueting the examining physicians :" (The remarks of the judge on this point have already been printed on a previous page and are included in his instructions to the commission.)
The comments of the Free Press continue as follows: "It has been a scandal to the medical profession, a source of travesty to judicial procedure. and all too often a means of defeating the ends of justice. The very course pursued by Judge Baekus was advocated by President Gregory of the Amer- iean Bar Association not very long ago, and the outcome, in this instance at least, is such as to recommend its adoption by the bench wherever the statutes permit."
Commenting upon the charge of Judge Baekus to the commission, the Chicago Record-Herald said: "It is notorious that 'expert testimony' is too often confusing, and jurors and judges feel themselves bound to disregard it Vol. 1-40
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in favor of mere 'horse sense.' The state's experts are matched or over- matched by the experts for the defense, and the conflict of 'scientific' testi- mony assumes in many cases the proportions of a publie scandal. llenee. the 'Wisconsin idea,' as applied by JJudge Backus of Milwaukee, who is presiding over the trial of John Schrank, is an admirable one. Under a statute of Wis- consin a judge may smnmon a certain number of experts and make them officers of the court. They testify as such officers, and presumably the state pays them reasonable fees. Under such a plan as this there is no temptation to strain science in the interest of a long purse. and impartial opinion is likely to be the rule.
"Statutes similar to that of Wisconsin are needed in all other states. ' Expert testimony' has long been a by-word and reproach. Of course, under Anglo-Saxon jurisprudence no defendant can be deprived of the right to call witnesses of his own choosing, and after all a medical expert is only a witness who gives opinions instead of facts. Still, a law which authorizes the court to call truly impartial experts would not seem to be 'unconstitutional.' It is certainly not unfair or unreasonable from the lay point of view."
Canadian opinion may also be quoted. The Saturday Night of Toronto had this to say : "In the stress attending on matters of greater moment which have been occupying the attention of the daily press of late, the judicial wis- dom of Mr. A. C. Backus, municipal judge of the City of Milwaukee, charged with the task of trying John Schrank, the man who attempted to slay Colonel Roosevelt, has been overlooked. Nevertheless, he established a precedent with regard to the trial of prisoners where insanity is the only defense, that should be copied not only by every state in the American Union, but by every province of Canada.
"It was not generally known that the laws of the State of Wisconsin gave a presiding justice the plenary powers he has exercised, but every good judge who has presided over eases where alienists have been employed to furnish testimony must have earned for similar authority. In the Schrank ease Judge Backus decided to eliminate all direct testimony by alienists, and to constitute such experts into an auxiliary court who should cooperate with him in the final judgment of the case. His auxiliary, consisting of five physi- vians, was directed to eleet a moderator who would preside over their delibera- tions and decide the issues of sanity or insanity in case of a deadlock.
"It would be difficult to say what objection could be taken to this system in any case where alienists are subpoenaed. It is even possible that by care- fully protecting the rights of the prisoner the same system could be worked out in any case where medical testimony, beyond the mere proving of the crime, is required. In many murder cases physicians have been heard swear- ing to contrary positions, until jurors, disgusted with the confusion of the testimony, have simply thrown up their hands, neglected their duty to con- sider the reasonable laets of the case, and allowed murderers to go free.
"Judge Backus has taken a forward step in the administration of justice on this continent, and it is to be trusted that the effects of it will be far- reaching. "
PART IV EDUCATIONAL CULTURAL SOCIAL
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CHAPTER XXXVI
THE MILWAUKEE PUBLIC SCHOOLS
This chapter is founded in large part on the contribution of Mr. Patrick Donnelly, printed in the "Columbian History of Education in Wisconsin," published in 1893. "The first schools established in Milwaukee, in the year 1836," says the writer, "were 'pay schools,' that is, the patrons thereof em- ployed the teachers and paid them for their services. The circumstances were such that free public schools, such as we now have, could not then have been established." No public money was then available for such a purpose.
The first schools were quite primitive, the teachers, like most of the other inhabiants, had come West with the tide of emigration to better their for- tunes. The pay received by the teachers was barely sufficient to purchase the necessaries of life. "Seanty fare and threadbare raiment were then the trade- marks of the profession." The following account of the early schools is derived from memory pictures as related by the pioneers.
Pioneer School Houses .- " A erude log hnt or rickety frame shanty, thirty feet long by twenty feet wide, with a door in one end, a fireplace and chimney on the opposite end. four small windows, two on each side, each about thirty inches square, was the schoolhouse of the early days. There was a wooden floor, long benches placed along the side of the walls for the smaller children, and two or three small tables with appropriate benches for the more advanced pupils who were able to write. The schoolmaster had a chair, a small pine table, a ruler, a pen-knife, a few old books, an ink bottle and sundry quill pens. The larger pupils were provided with copy-books, slates, arithmeties and readers of various kinds, and the younger pupils with such specimens of primers, first readers or alphabet cards as could then be found or extemporized. The variety of the book supply rendered it impossible to have classes. Blackboards were not then known as far west as Milwaukee.
"The schoolmaster was obliged to be his own janitor in those days. Some- times the patrons ehopped the wood required, and sometimes the schoolmaster himself wielded the axe in the early morning. He was obliged to be at school at least half an hour before the pupils began to assemble. The sweeping and fire-making must be attended to. Occasionally the schoolmaster succeeded in securing assistance from one or two of the larger boys in doing this work.
Common Schools Established .- " The territorial law of Michigan Territory, enacted in 1827, provided that as soon as twenty families were settled in a town, they should select three commissioners of common schools, who should .
hold their respective offices for three years, whose duties should be to lease
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THE FOURTEENTHI DISTRICT SCHOOL
TIIE TWENTY-THIRD DISTRICT SCHOOL
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THE MILWAUKEE PUBLIC SCHOOLS
the school lands and apply the proceeds to the establishment and maintenance of said schools. Wisconsin was at that time a part of Michigan Territory. As the publie lands were then so plentiful little of anything could be realized from the school lands. Hence, whatever schools were established must have been maintained by local, voluntary, self-imposed taxation or assessment. No wonder, then, that the schoolhouses were poor, the teachers ill-paid, and the school supplies limited in extent, and of the cheapest kind."
The Milwaukee Sentinel, in its issue for October 13, 1837, gives an estimate of the edueated thought of the day upon the question of common school educa- tion, as follows: "There is probably no one subject of so much importance to this territory, and which will be more conducive to the Inture happiness and prosperity of the people, than the adoption of a wise and liberal system of common school education. A careful observer will perceive in the older- settled portions of the Union, that the general mass of the people are the most enlightened, and well-informed, where a liberal and judicious common school system has been adopted. The foundation is laid at the common school, and it is necessary that it be properly laid, of the right kind of material, under the eare and superintendence of a master workman, else the superstructure may fail in the end for the want of a right commencement."
Upon this article Mr. Donnelly comments as follows: "The editor who penned the above wrote in full view of all the schools that then existed in the Village of Milwaukee and in the Territory of Wisconsin. His estimate of good schools is as good for the present time as it was in the period when he published his views. Notwithstanding this enlightened view of what was re- quired, many years of deficiencies in the schools that the village was obliged to rely upon, had to be borne before much improvement came. True, there were good teachers, some probably much better than many of the teachers that we now have. Men and women were educated in those village schools who were well equipped for dealing with the ordinary affairs of life. The earliest set- tlers of Milwaukee embraced a very large proportion of quite well educated men and women. No one can name twenty of the oldest settlers without in- eluding many names that have been and are well known representatives of educated intelligence. This was the factor that supplemented the work of the ill-paid, poorly supplied village schoolmasters of the '30s."
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