Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-04-04


has been manifested by the people through
out the trial.
The jury were impannelied on Thursday
evening. the trial commenced on Friday
morning There were about twenty-eight
witnesses, the examination of which oc-
eupied the time until Saturday afternoon
The attorneys for the prosecution, were
the District Attorney, assisted by Geo. L.
Frost and f. p, Weber, the defense, en-
ployed, III. NJ. Strong, NJ. M. Cothern and
J. p Snelker
After the close Of the testimony, on
Saturday, Geo. L. Frost opened for the
State. Mr. Frost spoke well and logical,
occupying about one and one half hours.
81. d. Strong tnade very able defense
pleading with the court and jury, as few
men are capable of doing. lie spoke for
two hours, The court was then adorned
until Wednesday. NJ N. Cothern then
made his defense, which was a finish
cd one it was splendid effort and occu-
piCd about two and half hours.
Z. p. Weber closed the argument in
very creditable manner. He made good
argument against crime in all its forms
At the close of Mr. Weber's argument,
the Judge read his charge to the Jury as
blows:
"Ths District Attorney Of this County has fled
in this court ON Information charging the defend
ant with malice aforethonght in having murdered
Sylvester Lamotte by shooting him with loaded
shot gun, at the village of Highland in this county
on the 50th of October, 1871.
It is not denied that the deceased came TO his
death by shot gu discharged by the defendant
At the time and place, causing the mortal wound
alleged ia tho information.
The defendant Insists that thu act with which
hs is charged is justified by the Law of self defence
1t appears from the evidence that-the defendant
keeps u hotel In the village OF Highland On San
day the 10th of October, 1871, the deceased with
Others was engaged in playing cards in the sitting
room of the hotel. The deceased became intoxi
Gated and drank beer at the hote as veil as at
Other places, that day. Late I'm the evening
there is evidence that he wont d, stairs without
X,
nurnted and brought back that he then threat
"ned to cnt the CUTS of the defendant, or lsn
.Eunge - that effect
The defendant after the card playing had ceased
made as many as two attempts to enter window
in an upper room of the hotel. He placed goods
boxes on each other as to euable him TO reach
il the window. On the last trial, when the deceased
reached his hand through sash out of which the
had Troi
hand wth mallet. The deceased jumped from hi
scaffOld and fed. He entered Grants saloon aftes
this, complained of his hand, and made some threat
against the defendant, to do some injury to or kill
him before morning, Lamottc told the witness his
Intention was to enter into a room where a Nor
wegian girl had invited him to come This is the
substance of william sangpiel's testimony These
attempts were made late in the evening of the Goth
at o'clock after that time
About IL o'clock at night the deceased can,e to
the door OF the tel, after it was clessd and
according T. tho dofenian testimony ,endeayored
by pushing and atTtkins to break down the aeer
and enter In; Though ordered then and before to
aeslst or go home the deceased persisted and the
defendant spprehending, he says, that the
deceased intended to inct some serious injury upon
him. or Perpetrate some other crime, and tho door
ABOUT to yield, no went up stairs, picked up Ioade
shot gun, pointed 10 thrsugh the window, took no
ain tbs gun went cd, AMI Gam fed the defend
"nt not supposang he had hit him. and havn = onlv
intended to Brighten him,
Patrick Grant was visited by the deceased after
ne AAd soen hit on the fingers. He says that the
deceased used such Language as that he would
N"r@n tue Id Dutchman before morning"
ne ala not Know but that the deceased might carry
out his threats; he watched and heard tho deceas cd
Knocking with blows at the door, and crying out
John John, let ma In" lie heard some one order
him away, and saw the fash of the gun.
The defend INT also testifes that the house had
been robbed Of money a few nights previous, and
tltt he suspected the defendant of such design or
some dangerous purp the Sunday night that
he attempted to force open the door
1t i" admitted that the killing the result of
the firing of the gun. Eved if the defendant did
not pull the trigger, and the discharge was acct.
dental, there may be such culPahe neg iigence or
rccklsssness in the of dangerous weapon AS
would render party responsib e, where the per-
killed was doing nothing at the time to iustif,
the pointing of dangerous weapon toward him.
but do not think there is evidence to show that
the Discharge of tie gun in this case was purely
accidental. If person should point a gun ut am
ether, intending not to hit but to frghten him 10y
the DISCHARGE, If by negligence of a, m the sho.
should wound aud Kill snch other. the person so
shooting would be getty of nansaughter in some
degree. unless the person wounded at the lime
engaged in some act which Justified the shooting.
An the same rule won prevail where the per-
son using the weapon Intended to hit some part
Of the body of the deceased where the wound would
not be mortal. If vital part is struck or the
wound should, contrary his expectations prove
fatal, the party firing the gun would be guilty of
some degree Of manslanghter, unless the person
Ssot was engaged in some act at the time viii h
justified his being so shot AMI wound ed Iiomi
cdss IN such cases not justified the result of
accident or misfortune Every is responsible
for the consy quences OF his acts, unless such
Consequences are so very remote, AID improbable
and ex iraordina'y. that ne could noe have antici-
pated them.
The homie de In this If justin aba It H. must
be such AS is defined in Section of Chapter 1854 of
the Revised Statu les. Kew. St page 929.
. When resisting any attempt to murder such
person, 10 eammit any felony upon him or
her, upon or in any dwelling house in which such
person shall be.
person of his her husband, wife, I'D H. astr
mistress servant, guar dian ward, when there
shall be a reasonable ground to apprehend design
20 commit felony or do some 81 eat pers' nal juIy
AMI there shall be reasonable caIse fer believing
that there 10 eminent danger Il such design be
accomplished"
In ease a person without any claim of riaht
stranger, or not q member of the family attempts
~ enter dwelling house land hotel is a dwelling
hoase in view of the law, aud where the party at
tempting to enter is not guestl, aud uses force
against the will and protest of the proprietor en-
daayo ring to break down the doors the latter mn.
less he he has personal knowledge to the Contrary
is justin able in believing that the person essayin
force an sltrance, intends to perpetrate felony
upon the persons or property of protect ed Uy
1he building The persons within in such a case
may take the life of the party en- Ieavoring TO
force entrance. provided they have reasolIab q
RronGd TO bseve that the assailant cannot i,
made t. desist by geatler means, without dsnger
10 the nse Ives and the extent and character of tie
danger, and the purpose OF the assailant must he
ildgsd of by what appeared to be the facts to the
person or head of the family within the house al
The time. not by what may be discovered afterN ard
thu