Pepin Murder! Part II

Several visitors had dropped by the Wheeler house during the afternoon and evening of March 23, 1866. Mag's bothers had come by to invite them all over for cards that evening and Jim's Uncle Isaac Ingalls had come by to discuss some minor business. While Isaac was there a short argument occurred between Brad and Mag over some spilled shoe repair tacks. Isaac finished his business and left before dinner and walked home the 1/2 mile to his farmhouse.

Tensions had risen in the Wheeler household and Mag attempted to lighten the mood by changing the conversation. She mentioned that her brothers had stopped by inviting them all over to play 'whist', a popular card game of the time. The tension in the room would not be broken and a second argument ensued over who cheated at cards, each of the men blaming the other. Anger rose to a fever pitch with the men calling each other outside to fight. Mag lunged forward to stop her husband and she stepped on the tacks injuring her foot. Brad turned his anger toward her telling her to pick up them damned tacks like he had told her to do but Mag refused.

Brad reached over, grabbed Mag by the scruff of the neck, forcing her to the floor screaming at her to pick them 'pegs' up. Mag, now filled with rage, pain and a rush of adrenaline, reached out with her hand, meeting the handle of the kitchen hatchet. Her fingers wrapped around the handle and she swung forcefully upward striking her husband in the upper forehead. Jim was also blinded with rage and seeing Brad attack Mag he reached behind him, grabbed a gun barrel sitting by the door and swung almost the same time as Mag. The gun barrel in the hands of the strong young man crushed Brads skull and he fell to the floor dead.

The children were asleep in the other room and seeing what they had done, Jim convinced Mag that if they told anyone what had happened, they would surely be convicted of murder. Jim convinced Mag that he could take Brads body down by the river and make it look like an accident. He dragged Brads body outside then helped Mag clean up some before leaving her to wash the floors clean. Jim went to the barn, hitched the wagon, came back and hoisted Brad onboard.

There was a spot down by the river that Brad went to gather woodchips for fire starting. Brad led the horses along that path to the river where he found a small hole in the ice by the sandbar and stuffed Brads lifeless body into the icy waters. He then staged the wagon and horses to make it appear as though they had backed down, forcing Brad into the channel where he would appear drowned and missing. before walking back home.

Morning came and the pair continued to enforce their alibi and then proclaiming that Jim had seen it happen from afar. Several people came to the site to search for Brad and noted the seeming impossible story's shortfalls. The constable for the town determined that something was not right and arrested Mag and Jim for murder. After a couple of days, there being no body recovered, the constable was forced to release them. Mag and Jim returned to the Wheeler farm and lived with suspicious eyes on them.

The river flooded that Spring but had settled some by the mid days of May. On May 12th a young boy of the Wheeler neighborhood, Peter Stoltenberg, was exploring along the rivers banks when he came upon a body floating within fifty feet of where Brad’s body had been dumped. Peter broke off a hook of a branch and drew the body closer to shore supposing it to be Wheeler’s then headed off to the coroner’s house to tell him he had found a body. The coroner, Mr. Nichols gathered some men, including Jim Carter, and Peter lead them back to where he discovered the body. By this time, the current had caught the body dragging it downstream. The men gathered some boats and were able to locate the corpse about a half to three quarters of a mile on the opposite bank. Jim Carter, being in the first boat and upon seeing the corpse declared loudly that it was that of Brad Wheeler.

Jim Carter and Mag Wheeler were arrested once again on May 12th, 1866. Pepin had no jail and the county seat, Durand, had none either. The prisoners were transported to the nearest facility which was in Eau Claire, Wisconsin. Menomonie was closer and a burgeoning town located up the Red Cedar but involved a river landing at Dunnville followed by a 15 mile stagecoach ride along the west bank of the river to Menomonie. Eau Claire provided the most direct route and provided the most accessible facilities for the accused.

Following their arrest and detention, trial for first degree murder was finally arranged at Durand. Mag and Jim shared an attorney and the attorney immediately called for a change of venue. A large number of motions were filed and rejected before the judge finally acceded, granting a change of venue to Menomonie. Once trial had been set at Menomonie, the attorney once again filed multiple motion for change of venue and claiming prejudice again his clients. Motion was finally granted and the trial was moved to LaCrosse, Wisconsin.

Mag and Jim were taken to the jail at LaCrosse awaiting trial and began working on their defense. Trial commenced at LaCrosse Circuit Court on May 20, 1867. Attorney Meggett once again moved for dismissal and change of venue but the court would have none of it. Attorney Meggett then began to separate the two defendants and mid trial Jim declared himself guilty telling the court that Mag had no part in the murder. In spite of this plea, the trial continued to conclusion and on May 28th, 1867 they were found guilty of first degree murder.

On the morning of June 7th, 1867 Mag Wheeler and Jim Carter were sentenced to life in prison at Waupun. For seven days each year, commencing on the 23rd of March, they are to be placed in solitary confinement. That same afternoon they were released for transportation to Waupun state prison and arrived late on June 10th. Mag will not remain long in prison and she appealed her conviction based on the change of venue, which she did not agree to. The Supreme Court affirmed the change of venue was unconstitutional, therefore illegal. She was released for new trial at Pepin and was taken back to Eau Claire jail awaiting retrial.

Next: Richard Doyle returns and the escape!