Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1881-11-10
GAMMON'S GRIT.
REPLY OF HIS ATTORNEYS TO THE sTRIc-
TUREs RAISED BY THE DISTRICT AT
ToRNEY IN HIS RECENT ARTICLE.

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THE HERALD: In your last issue YOU
say. 1.-The price of murder in Grant
County has dropped to $1,000" and that
such is the inference from the proceed
ings as to Gammon's bail. District At
torney Orr, in letter in the same paper
under the title of Jaundieed Justice, y
seems to assume that somebody is to
blame in regard to Gammon's bail, and
undertakes to shift from himself any
undue portion of such blame
In another paragraph you prefer to this
letter as stating facts showing that
Judge Cothren acted in contempt ofIthe
law in this matter.
As to Judge Cothren, he is too well
known to need defense from me, and if
he needed any is well able to take care
of himself But as one of the attorneys
for Cannon, charged with seeing that
he has his legal rights, and is fairly
dealt by. | deem it my duty to endeavor
to correct the false light in which he is
placed, viz: That of being preiudged a
murderer" unfit to be bailed, except
in an amount only within reach of the
wealthy. and being now at liberty in
violation of the law.
The fact that upon fair trial at the
last term of court consuming three days
aud had at great expense, ably conduct
ed by the District Attorney whose clos
ing appeal on behalf of the bereaved
family of the deceased, affected even the
audience TO tears, under all the testi-
mony four, one-third, of the jury being
willing to acquit the accused, would
seem ample reason why the fair-minded
and especially fair newspapers should
withhold their Judgments to Cannon $
guilt. If any further reason is needed
it is found in the fact that, although a
hung jury on such trials is usually
equivalent to an acquittal, Gammon's
case, it seems, is to be tried again, and
to save the expense to the people of q
change of venue and taking large
number of witnesses to another county,
there ought not to be created against
him any undue prejudice here,
From the first the newspapers seem
to have Numbered as to to the facts in
this case, as well in what they attempted
to give, as in what they omitted. They
represented Cannon as lying in wait
for Rice, and resting his pistol acrosSa
stump and shooting him down in cold
blood. Not the slightest testimony to
this effect was ever given.
1t would seem that in attempting to
give fair statement of this case the I'M
disputed facts in Cannon favor ought
to be published as well as those against
him.
Some of these are, that he has always
been steady, quiet, hard working, in
dustrious boy of exceptionally good
character; that Rice was a quarrelsome
man and had repeatedly assaulted his
neighbors with deadly weapons; that
eight years ago when Cannon was only
and threatened his life if he ever again
stepped foot on his land; that he would
abuse him with oaths, foul names and
threats, to which the boy answered back
never disrespectful word; that BY
bargain with Rice, of whom he bought
the little piece of land he was living on,
Cannon father had a right to travel
road across Rice's wild lands; that
Rice forbid Cannon the use of this road
and compelled him to get supplies to his
paralytic father and crippled mother by
stealth, or pack them Is he once did so
bushels of corn from the bottom to the
top of Big Platte bluffs ON his back; that
to avoid trouble and get road out,
Cannon bought an adjoining 40 of land
of Esq. Emery, across which Rice by
express license had leave to make and
use a track as long as he, Emery, owned
the land, but olonger as it would great
ly iniure its sale; that Cannon made a
dugway down the bluff on this land and
closed up the old road made by Rice,
which Rice opened.
As to Cannon telling the tree across
the road and the shooting: that accord
ing to all the testimony Rice must have
sprang over the log over two feet high,
and advanced with his AK on Cannon
20feet before he fell, and the testimony
as to the first assault, this has substan-
tiolly appeared in your previous ac-
counts. But it has not appeared, as is
that Rice was expert in
throwing an AK. Nor has that fact APP
peared, as is undisputed, that before his
arrest Cannon was advised to flee, but
refused, saying that he had to do what
he did to save his own life. Under the
testimony the jury disagreeing and four
willing to acquit, reasonable bail was a
matter of course. This, by law, the
court had to fix. The District Attorney
had no more right to fix it than had the
defendant.
The law as to the amount of the bail
is, "such sum as in the opinion of the
officer taking the same will secure the
appearance of the accused for trial"
Had Cannon been q man of wealth
instead of poor boy, the son of poor
parents, he need not have been impris.
oned at ALL Whether the bail should
be $4,000, practically sentence of i'm
prisonment until the next term of court
at the county's expense, was for the
court to Judge. The defendant refusing
to flee when he had chance, and under
all the circumstances, the defense
thought $4,000 too high.
As to the facts in relation to the Civ
ing of this bail and its sufficiency, Mr..
Orr's letter leaves wrong impression.
drew up a bail bond and affidavit of
sureties exactly in the form prescribed
by the statute, and, though the law does
not require it, submitted it to him for
inspection. He returned it to me saying
that he would also require inserted the
County in which the lands of the sure
ties were situated. This was done, al
though the requirement was not made
when the judge fixed the bail and was,
| think, not binding.
Mr.. Orr did not tell me he would re-
quire full description of the lands of
the sureties. The first | heard of that
was when | presented the bond to the
clerk of the court for filing. The clerk
then told me the District Attorney had
instructed him to require the insertion
of such descriptions.
The injustice of permitting the author
ity of the statute to be exercised in this
way is too apparent to need remark.
This bond is signed by Thomas Car
thew, A. w. Emery, John Seipker,
Green Palmer and Myron Jones, who
assume liability upon it in sums rang
ing from $3.50 to $500, in all over $1,000.
and each of whom have justified in I'M
incumbered real estate in Grant County
outside of their homesteads in double
the amount for which they sign. The
idea that these men are straw bail is
absurd. | think it makes security
upon which any reasonably prudent
man who had money to loan would loan
$4,000.
The Constitution, State aid National,
prohibits the requirement of ercessire
bail.
This bond was sent to Judge Cothren