River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-06-23
THE DALE CASE.
willard Dale Convicted OF Manslaughter in
the 4th Degree for Shooting OF
Fred Brown.

The regular jury panel having been
called without the acceptance of a
sufficient number, special venire for |
fifty iurymen was issued and officers,
who are deserving Of credit for the
prompt manner in which they per-
formed their duty, at once dispatched
to bring them in. in consequence OF
which it was nearly noon on Saturday
before the trial commenced. The
jury as accepted was as follows:
J. G. Lehman, Casper Moser, Sylyes-
ter Cook, G. ii. Grant, George Miles,
George Palmer, Henry Fisher, Will
liam BatZel, Hiram Benson, Simon
Groot, Robert Groot, Lee Hammond.
The case was opened by Allen P.
Weld, Esq, in brief statement OF
what the prosecution expected to
prove, when Dan. Williams was called
to the witness stand to testify in be-
half of the State. The testimony of
Williams, clerk at the fremont House
where the affray occurred, went to
show that on the evening previous to
the day upon which Brown was shot
by Dale, quarrel had arisen between
the two, originating in dispute as to
the identity of a gentleman who dur
ing the day had been guest at the
hotel. Dale was bartender at the
fremont House, and Brown served in
the capacity of hostler. The dispute
of the evening previous was renewed
on the morning of October 28th, and
bitter words passed between the par
ties, eliminating in the shooting by
Dale, as the defense claims, in self
defense. The evidence of several
witnesses was derogatory to the char
acter of Brown, and went to indicate
that in street parlance, he was hard
citizen. G. Smith opened the case for
the defense and witnesses were called
to testify as to the character of Dale,
and it appeared he was not of a quar-
relsome disposition.
Though the shooting occurred on
the 28th day of October, 1879, Brown
did not die until January 2Ist, 1880.
Something over month before his
death, Messrs. Weld and Haugen, in
the presence of DR.. Gould, took
Browns deposition concerning the
affair, but such deposition was not
admitted in evidence for the reason,
according to the testimony, that the
deceased WAS not possessed of the
thought that death was to Immediate
ly follow. The testimony of the ac-
cused appeared to be a plain and I'M
vanished statement of the facts in
the case, he admitting that he had,
while himself and Brown were alone
in the bar-room together, threatened
to shoot the deceased if he did not
desist from applying to him opprobri
Gus epithets, intending the threat to
brighten him from further imposition
of this kind: he also testified to having
been informed by others of threats
made by Brown to brain him, which
latter testimony was corroborated by
other witnesses.
The plea of self-defense was sus-
tanned by Dale's testimony substan-
TALLY as follows: Brown said to Dale,
"There is more revolvers than yours
in the house-you can't shoot too
quick for me-" and started for the
coat room where Dale knew a revolv-
Ell was usually kept and which he
supposed was then there; Dale think
ing that Brown was going to get the
revolver for the purpose of shooting
him, followed to within few feet of
the coat room door; Brown went into
the coat room and soon after came
out, when Dale shot him without
knowing whether or not he Brown
had a revolver, not wishing to give
his adversary an opportunity to get in
the first shot. So quick was the shot
fred that he did not observe that
Brown had turned from him, and the
ball took effect in the back.
The remains of Brown were olsen
tered January Goth, 1881, by order of
District Attorney Ross, and an
autopsy held by Doctors Cotton, ID.
w. Woodwork and Ballard. The
autopsy showed that the ball had
entered about three-fourths of an
inch to the left of the center of the
fourth dorsal vertebra, breaking a
piece from the process of said verte-
bre, and passed to the center of the
fifth dorsal vertebr@, lodging against
the spinal cord, paralyzing that por-
ton of the body below the wound.
The examination of witnesses was
practically closed on Saturday even
ing, and the jury placed in charge of
an officer till Monday morning. The
argument for the defense was made
by Col. j. c. Spooner, occupying about
three hours time, Hon. f. L. Gibson
following for the prosecution in an
argument of one hour and a half.
The case went to the jury about four
O'Clock in the afternoon on Mon
day, the jury remaining out until
Eve o'clock Tuesday morning when
they brought in a verdict of guilty of
manSlaughter in the fourth degree.
The penalty for this crime is impris-
onment in the pententiary not less
than one year nor more than two, or
Imprisonment in the county Jail not |
more than one year, or fine not eX-
ceeding one thousand dollars, Or both |
fine and imprisonment. Dale's eoun-
sci have made a motion for a new
trial.
good house and barn near the post Office
to rent cheap Apply to Thos. L. Tubs.
FOREPAUGE'S GREAT SHOW.
The c. st. p. NJ. & o. Railroad will |
sell Excursion Tickets to Saltwater
on Friday July LIST, at the low price of |