The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1895-06-08

agreed with that OF Kelly.
The evidence wns closed by the defend
ant being sworn. Doucet swore that on
| the night in question he went down to
his opera house, not knowing that he
would meet Smits and Mimic there.
When he reached the opera house, he
found the two men. Smits with note
book and pencil in hand peering into the
restaurant window. Doucet asked
Smits what he was doing there and
further why he (smits) persisted in in
tcriering with his (Doucet's) business.
Smts expostulnted with Doucet and
referred him 20 some conversation which
had passed between them on the
previous Friday in regard TO law-break-
| ing and Doucet's sin. Snniss then urged
Doucet TO repent, change his business
and otherwise improve his conduct in
order that God might bless him. This
enraged Doucet and finally he dealt him
n slap with the back OF his hand. This
he repeated several times, but at no
time struck the minister with his fist.
The defendant swore that he had no in
tention OF injurng Smits and that his
conscience reproved him severely a
moment after the slaps were ndminis-
tered. Doucet's evidence further showed
that he met smits a few days afterward
and apoloeized with all the words at his
command. lie also requested Mr.. Smits
to discontinue proceedings against him.
Smits accompanied Doucct TO the
latter's house at that time Doucet
repeated his request and Smits took the
proposition under advisement. Smits
subsequently informed Doucet by letter
that hc had concluded 10 continue the
proceedings The testimony was inter
sperscd with recitnls Of matters oi a
religious nature passing between the
principals, but these had no direct benr-
ing ON tho case and were obviously urged
by the defense to instgatc sectarian
prejudice.
Prosecuting Attorney Morinrty opened
the argument for the people. lie cnn-
vassed the evidence in the case and
attempted TO establish the Justice of Mr.
SmiIs erfand in visiting the saloons on
the night la question, maintaining that
il the local authorities would not attend
tu the enforcement nf the laws, IL waS
mect that any good citizen OF body oil
leitizens should take the matter al en-
forcpmrnt into their own hands. This
was objected To by the counsel fr the
defense on The ground thut it was
irrelevant, no violation OF the liquor
laws having been set up in evidence.
The court sustained the objection and
Mr.. Moriarty continued on the line oI
the actual commission of the assault
and the intent evinced 10y Doucet's
alleged threat and his aiming oI
fierce blows ut Smits' glasses. at
tempting TO establish the fact that
Doucet had intended to do Smits great
bodily harm. Mr.. Moriarty's remarks
occupied less than half an hour, He
WAS followed by Mr.. Fairhild for the
defense. Mr.. FairchiId preiaced mis- argu-
ment with flowery tribute TO the min
isterial calling, volunteering the iniorma-
tion in substnniiation thereof that his
father was n member of that noble
profession. lie made bold 20 announce
his opinion, however, regarding the place
Of n minister OF the gospel and the pro.
priety of his actions. rounding up to a
climax that would fail OF approval by
, people lar from being Pnritanical in
, spirit. lie attempted to establish the
, point that Smits, whether as the ser.
want OF the Law and Order League or in
an individual capacity, had no right ia
} play the role OF the eavesdropper about
, the saloons. This attempt was, how
/ ever, promptly squclched by the court
who insisted that any citizen had the
, right 20 pass along public street and
/ look into the window ofany public place
I The court would permit no argument
along that line. Mr.. Fairchid said. al
/ least such conduct was reprehensible and
o that when minister oi the gospe
!. resorted to the extremes Smits had EN-
4 pIoyed, in his judgment, he might expect
[ 10 encounter consequences similar IL
o those Mr.. Smits experienced. The at
a torney then directed his attention to th,
q assault and argued that the wounds Mr.
n Smits received might easily have beer
4 inflicted by the heavy signet ring Mr.
Doucet wore ON his right hand. HI
r made light of the theory OF Doucct'i
' intent To blind Smits by crushing th'
a lenses oi the spectacles into the latter
n eyes md eravely questioned the state
r. ment that the glasses were broken Will
e worn by Mr.. smits, advancing the theor,
n that they fell of aud were stepped upon
e and that much OF the stain on the I'm
q broken lcnse was mud. Mr.. Fairchil,
n dwelt at considerable length ON the sec
e tarian aspect oi the case. in connection
e with Smits religious propositions to Dou
4 Get, knowing the latter To he Catholic