Alma record. (Alma, Mich.) 1878-1928, 1900-05-11

Told Ben Parker that he was going 10
lick Jim EiSenlOrd. There is not a
scintilla OF evidence that jim Essen
lord threatened GabriOn. Why did
Gabrion return la kiss his wife Sec
ond time? Why did he wave 10 her as
he crossed the school yard? What was
he thinking of that morning as he sat
in the kitchen at lsham's; What, in-
deed, unless he was claiming how he
would settle with jim Eisenlord?
Gabrion was big man, six feet and
two inches in height. lie had threat
ened TO rip Jerry Davis up with a
knife. Eisenlord was afraid and when
Gabrion came into the mill and began
TO quarrel with him and picked
up dangerous implement, the
SCOOP shovel, aud started for him,
Elsenlord retreated until he could get
something TO defend himself with.
In his fear he saw no means OF escape.
He struck at Gabrion in self defense,
and GabriOn grabbed him by the hair.
He did not know he had hurt him ser
iously aud struck him twice more with
his fist. and then threw HIM oil from
him. Realizing what he had done, he
fastened for assistance and met Cup.
This is EisenlOrd's story, gentlemen,
and it is true. If you would do JUS
tice TO the respondent, you must lind
that the act was committed i'm self
defense.
w. A. Leet followed He said that,
Of course, in a case like this, il became
the duty of the people TO prosecute in
order to determine who was TespOn-
sibIe. Under the evidence, there
could be no doubt Of the response
bility. Gabrion was Of a malicious
and malignant disposition. Essen
lords whole conduct showed that he
did not want any trouble with Cab
rion. When Gabrion had him COR
nered and was threatening him with
the scoop shovel, Jim said: Ike /
don't want any trouble with you. "
Look at Jim, gentlemen OF the jury,
and see If lie looks like criminal;
see If you see anything criminal about
him. Gabrion lived from a half TO
! three-quarterS Of an hour after he was
struck. When he started forward
and seized Jim by the hair, he was in
! furiated. A half killed man or ami
NAL is one OF the most Infatuated and
dangerous things In the world. Then
! Mr.. Leet in graphic manner pOr-
trayed the final struggle as he under
stood it, and asked the jury II, under
the circumstances they would have
done differently. He contendcd that
Eiscnord did not Intentionally kill
Gabrion. There was no motive: none
had been shown, none could be shown.
If there was no motive, he must have
done it in self defense. Gabrion's
head was not all pounded TO pieces
The evidence OF the doctors is that
all the blows except the one fatal one
might have been struck by Essen
lords fist or caused by falling where
he fell. Unless you find beyond al
reasonable doubt that EiSenlord iE'
fret, these blows and and continued
70 inhict them after all apprehension
OF bodily harm had disappeared, you
cannot convict him. EisenlOrd is q
! good man. There is no evidence that
he is a diSSipated man or in the habit
OF swearing. If there were but one
mark upon Gabrion'S body, you woulC
not be in your jury room minute
Mr.. Leet closed with an impassiOneC
and effective plea for the rights OF hi
client which appealed strongly TO the
: sympathies Of the audience and jury
Prosecutor Mccall was eyidentl.
5 thoroughly convinced Of the guilt o
/ Eisenlord and closed with very StrOnl
plea for his conviction He showed
that the testimony OF witnesse
proved Gabrion TO be a good citizel
, and not quarrelsome. That he wa
T. much younger than Ei>enlord an
q not a match for him in physical con
test That if GaOrion had been seek
0 ing To injure Eisenlord that morning
he would not have gone up TO lSham
l and stayed there until whistle blew
j That 1T was impossible for ESenlOr
d To have struck Gabrion where he di
J. if GabriOn had been attacking hiI
with shovel. That even if such
I fight did occur, that Gabrion's hea
l. would not have been in the cond ito
II that 1t was unless Eisenl)rd had CT
5 tinued to pound him af or he va
d knocked down and helpless Tha
l. Eiseulord had abundant opportuuit