Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1868-09-22
Criminal Trials-State against Robin
son.

The State against Isaac Robinson
for the killing OF Daniel Leary, in
April last, at New Digging, Lafayette
County, there being a change Ueaue
from that County to Grant County,
occupied three days of last week for
trial.
Lawyers for the State, Dist. Atty
Orton and HOLSTER For the defense,
Cothren, Dunn, Simpson and Barber.
Robinson is merchant at New
Diggings, and the Postmaster, the
testimony showing him TO have
maintained tor twenty years proceed
ing the fatal affray first class char,
acter. Leary, according to the tes-
timony and what is said OF him, was
drunken aud worthless man, having
turn for quarreljng and lighting
During the hour OF the killing, Leary
stupid with liquor, quartered himself
IN RoblDson's store and took Il turn
at vomiting which Disguised the
clerk who led him out. Whereuuon
Lcary went round and entered at the
back door, probably with TN open
knife in his hand. The clerk then
went for Robinson, who next entered
and the two ordered Leary TO leave
the store, but he refused and followed
the clerk around the store with
knife in hand Robinson said severa,
times to Leary,s "leave the store or |
shall have to shoot you" But Leary
replied, "shoot aud be id, for |
have six balls too reaching in his
pocket ms if to draw out a pistol !;
whereupon Robinson shot Leary
killing him on the spot. Some of the
testimony of two men present slight
ly varied with the clerk testimony
but net to materially alter his state
ments.
The lawyers ably managed the
prosecution and defense, and their
arguments and appeals were remark
able for candor-no one seeming de-
srons of mis- stating the law, facts
and testimony.
So nicely balance was the case
upon its reference to the jury that q
unanimous decision rested alone upon
the questions, "what constitutes Q
reasonable doubt? 2" and. "had Robin
son any reason for fearing injury from
Leary 2"
The jury, seven tc five failed tc
agree-the seven being for acquittai
and the five for conviction OF man.
slaughter in the fourth degree Blu
it is understood that eleven of The
jurors might have gone for acquittal
had the jury not been relieved by th,
court.
The failure to agree being a virtua
acquittal, Robinson willnot be furthe
tried-though no will remain for 4
time in nominal purgatoIy as on,
neither guilty nor innocent. Tn,
thinking public mind is divided as t.
whether the defendant became guilty
Of any crime by the killing Of Leary
though such public mind is mainly
satisfied of his innocence. The argu
, ment is that few indeed Of our bes
: business men would act othcrwis,
than did Robinson under like circum
stances. The trial afforded d schoo
VI ptouG W vic iIf ~ uuih oSio I'VE
emit Those disposed TO trife receiv
ed impressive lessons as to wha
shall be their fac before the court il
the event Of shedding the blood 0
any man. The people of this Couul,
allow OF no nationality or partyism
and accept no religious or politica
test to bias their judgement in Grim
inal matters. And as to Judge Mills
though understood not to be at 81
Puritanic or straight jacket in hi
views in criminal cases, yet he lean
sternly toward the use of the law 70
; rebuking crime. He would not hav
any man run away coward>like from
q brutal assailant, yet he would hol'
any one guilty Of crime who does no
go to the extent of suffering offens
without showing the coward. He i
Il representative man according +
! western ODiniOn