Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1897-03-11
ED. 6. Day ACQUITTED.
No Convincing Evidence OF ANY Degree OF MAN.
slaughter.

=
one DAYS trial. The case was called
Friday morning. w. F. Howe was
the states attorney and W. H. Brown
and A H. Long. lawyers for Day
A jury as follows was selected: W
P Richardson. VIM. steinhof. Henry
Bellmever. Walter Gulick Thomas
Hore. John. Narrower, Amiel Kosehkee.
Herman Basque, Fred Patch Anton
yoet. Daniel Trumm, J. Il Nichols
Miss Anna Gehlen a young lady
about l. years Of age was the first
witness. She testified; | live in Po-
tosi with my father. Our house is
about go yards below the brewery
south of the village of Potosi. On
the evening Of Oct. p. 1896, at about
EIGHT O'Clock team stopped Al the
brewery watering trough Il was
moonlight but not very light. Ny
attention was attracted by the ours
ing OF men on the wagon. went in
TO the house and shortly afterward re-
turned. The team had moved down
few wards. l saw to men fighting
Behind the wagon and heard quite a
few blows. | went into the house
again and when l returned | saw one
man on the wagon and one standing
behind the wagon.
The team moved on and heard I'd.
Day. who was the man standing be-
hind the wagon. and who was follow
inc it. say Hold on John let Us ride
John said .Aleck can ride but you
can't. knew John Brodley and Ed.
Dav bv their voices Ed. went back
to where the lighting was and said !
cant find Aleck. John said 4 guess
you'll find him where you knocked
him down. Ed. replied Ne, he isn't
here; / guess he's gone to the saloon.
The team went on. Ed. followed to a
little bridge then tarned around and
went back to the brewery. | judged
from the talk that, taey were all
drunk
John Brodley was the next witness
called. He testified that he and the
Dar boys. Ed. and Aleck, we in Pc
tosi ON tie evening Of Oct. y and
that they were all drunk. They
started home. riding On his wood rack
about o'clock. His account Of the
fighting below the brewery substan-
TALLY confirms that ct Mss Gehlen.
{All three quarreled at the watering
trough. Ed. and Aleck got off below
the watering trough and went to
lighting. lie said: saw Ed. strike
Alecls and knock him down He fell
toward the branch but on the ground.
They were,hghting with their fists and
their coats ON. went on home and
about a halt an hour later Ed came;
his face and hands were covered with
blood
Mrs. Thorp, Nick Schumacher, and
Adam Schumacher and Sarah Brodley
gave corroborating evidence From
them ii was learned also that when
Ed came back 70 the brewery he
tried to set in and failing went back
down the road toward home.
The dead body of Alect Day was
found next dav within six or eight It.
Of where the fight occurred. The
body was resting chiefly on breast
and right side of face il the creek in
pool 81 water If about five inches
deep. The rest Of the body was
against the bank of the creek with
the LEGS extending about loot above
the top Of the bank. There wa, quite
severe cut or bruise over the right
eye and another Slight hurt on top Of
the zeal The mans coat was al the
bauk few feet away and hls III. tit
the creek below
d. Ennol~ testimony was that
death resulted from asphyxiation with
the usual symptoms Of drowning lie
believed the cut over the eve to have
been caused by the fall ON tie stones
in the creek and thought the lesser
hurt a. the bead might have been
produced I'll tile same way In IFS
opinion the body had not been put til
4 the creek after The ri18r 81 death had