Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1873-09-30

! $500 N'Na~Nio Va @Ail'NhN iOSOiNCu W
suppress the sale of liquors in the
corporation, and to that end began
prosecutions of those engaged in
its sale. A vigorous opposition
was at once encountered, which
promised to be greatly reinforced
when the men should come down
from the woods after their winters
work. 1t was generally said about
the town that if the "boys" came
down and found no liquor was to
be obtained, the town would be
burned. The saloon keepers held
several meetings to devise means
for resisting the prosecutions, and
the City Council appointed speci-
al police force in apprehension of
trouble and possible incendiarism
when the men came from the woods.
Gavigan kept saloon or boarding
house about 20 rods from Mason,
Luce d Co.'S mill, and attended two
or more of the meetings of hotel
keepers. 1t was sworn that the
most active measure proposed at
these meetings was general clos
ing of all hotels and boarding houses
till the liquor prosecutions were
stopped, in the hope of forcing the
lumbermen, for want of places to
board their hands, to use their in
fiuence against the prosecutions.
O'Neil, the witness before named,
testified that Gavigan endeavored
to induce him to burn Mason, Luce
81 Co.'S mill, saying that he (Gavi-
gan) would wake him (O'NeiD in
the night and furnish him with
matches and q bottle of coal oil.
This, however, Gavigan did not do,
but, as is well known, number of
incendiary fires did occur in AL
pena about the time Of this excite
ment. There were some other wit
nesses for the prosecution, but, as
has been stated, ONeil was the
principal one.
Gavigan took the stand late yes
terday afternoon and made his state
ment to the jury. The substance
of it was that he had just paid
about SO, 300 for his own place, and
was absent in Canada with his wife,
when it was burned without cent
of insurance. This did not bear
particularly upon the matter at is
sue, and when his attention was di-
rected to the testimony against
him, Gavigan admitted having said
that the town would be burned
when the men came out of the
woods If no liquor was to be had
but claimed that it was said only a;
an expression of opinion as to tn,
consequences of suppressing tn,
sale of liquor, and not in any sens'
as n threat. Mr.. Powers, of Al
pena, who was an Alderman in tn,
spring of 1872, corroborated Gavi
gan's statement that such talk wa,
common about the town at the time
and many people were firmly con
WINGED that the result would be as
Gavigan predicted. Gavigan deni
ed having ever talked with Nc
Dade about burning the town
! Gavigan was completely unmanne'
, when he spoke OF his own losses
which he said included all he ha
in the world, save few dollars i
his pocket.
e The case was given to the jur
' just before noon Wednesday. undo
$ a charge by the Judge which,
, was thought, would ensure vel
diet of not guilty without long de
lay. The great weakness of th
f. prosecution was in the character O
some of its witnesses. ONeil, here
tofore mentioned, was the principa
one, and Judge Green charged tn
jury to weigh this mans tcstimon.
well. Contrary to expectation tn
Jury did not return until near
o'clock, and after they had beer
twice sent for. They reported thai
they were unable to agree, standing
at the last precisely as on the sec
ond ballot. 1t transpired after the
discharge of the jury that II were
for acquittal and one for conviction
AS usual, the obstinate eleven would
not give in, and hence the disagree
ment.
The jury was discharged, and
the Prosecuting Attorney entered
a mol proSS in both cases.