Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1881-09-22

land owned by the Gammons, which
they claimed was only private road
but which was claimed by Rice as 9
Ipublic thoroughfare. Across this road
Gammon had felled a tree, and, on the
8 morning of the shooting, Rice, accom-
panied by his son, Goodperry, lad oil
Fifteen years, started to the mill via this
Constructed road. Testimony showed
8that he knew of the obstruction and
7carried an AK in his wagon with which
to remove it. While engaged in chop
aping off the tree, Cannon, who was in
the neighborhood, appeared upon the
scene and ordered him off the land.
=Up to this point there is not much dis
1crepancy, but from here the testimony
diverges into two opposite and contra
6dictory statements. According to the
Testimony of Goodperry Rice his father
acontinued his work, when Cannon
3drew his revolver. Rice dared him to
Shoot but as the boy was making his
Sway TO the wagon the minutae of detail
escaped his eye and it is only by occa-
sional chances over his shoulder that he
knew in pant what TRANSFERRED afterwards
3although he testified that at the time
HGammon fired his first shot Rice stood
with his ak embedded in the limb of the
tree which he was cutting off. When
= the second shot was fired the lad looked
around and saw no one but Cannon,
: but afterward returned with his mother
: and brother and found his father lying
4 dead near the spot where Cannon
stood when he fired the first shot.
The testimony of Cannon, the de-
afendant, was to the effect he teard some
lone chopping at the tree across the road
land, leaving his own work, came up and
found Rice. He ordered him off. saying
THE land was his Rice refused to 90,
lswore at him, and after some words, he
raised his AK as if to throw it. Cannon
! lat this time was standing by small ma
sple tree some twenty-one feet from Rice
with his left hand resting on it. AS
sRice lifted his AK he drew his revolver
swith his right hand, and taking a step
sback, fired one shot. Rice then sprang
lover the tree with an AK drawn, when
sGammon commenced to retreat. Seeing
THAT his opponent was coming nearer
3he, after retreating a short distance,
turned and fired the second, and what
twas claimed by the defense to be the
2fatal shot. This, in substance, was the
account given of the local scene of the
shooting. The body, when found, as
Testified by the boy Goodperry, was
snear the spot where Cannon stood,
] when he fired the first shot, but the boy
3denied in toto hearing his father swear
las claimed by the defendant. Both shots
atook effect within an inch of each other
lone being only skin deep and the other
doing the fatal work.
Numerous witnesses were brought on
/ both sides to bring out the different in
scidents bearing directly and indirectly
upon the matter, but, as the boy, Good
perry, and the defendant, Cannon, are
sthe only living witnesses to the affair,
athe remainderof the testimony could only
serve as to what happened before and
latter the occurrence. The trial COM
|menced, as noted in the last issue of
THE HERALD, Wednesday morning,
THAT day and the greater portion of
Thursday being consumed in hearing
witnesses. The arguments of counsel
occupied the remainder of the day, the
defense closing Friday morning. Dis
itrict Attorney Orr then closed the case
flor the prosecution in a brief speech
(which was model of conciseness,
Strength and beauty. Hardly a dry eyel
Twas left in the courtroom at its close
THE jury then heard the charge of the
|Judge and were conducted to their
room. Hours passed on and they|
Showed no signs of coming to decis-
ion. At eight o'clock in the evening
they were brought into the courtroom
by the order of Judge Cothren, who,
finding there was a chance for agree
Iment, returned them to their room. SKI
O'Clock. Friday morning, they werel
'again brought into court, and announced
Through their foreman that they could
|not agree, and were accordingly dis-I
enlarged by his Honor. The jury wereI
understood to stand, on the first ballot,
|eight for murder, two for manslaughter,
|and two for acquittal. the next ballot
united those for conviction while theI
lothers remained firm in their beliefs, inl
(which state they remained until the end.
Compromises are rumored to have beenI
proposed but to no effect. The case
now goes over to the next term of court.
/ The defendant was admitted to bail in|
the sum of
Cannon was interviewed by repre-I
sentative of THE HERALD SATURDAY.
imorning but was rather undecided as toi
] how he viewed the disagreement and|
] non committal generally, although in|
hopes of getting out on bail
NOTWITHSTANDING the inclemencyI
Iof the weather, which MIGHT well haYel