Alma record. (Alma, Mich.) 1878-1928, 1900-05-11
CONFLICTING OPINIONS
AS to the Merits Of the Case and
Justice Verdict.
Able Pleas OF Attorneys for Prosecution
and Defense.

county court last week, was in many
respects the most remarkable which
ever took place in the county. The
peculiar circumstances Of the hOmi-
eide, the fact that the defendant and
deceased were brothcr-in-laws. the in
tense interest i'm the case on the part
of their relatives and friends, and the
knowledge that the defendant had not
heretofore been considered danger
Gus man in the community, all tended
TO arouse an unusual degree of inter
est In the community.
From the opening Of court Monday
afternoon until the verdict of ac.
ouittal was announced Saturday at
ternoon at o'clock, the courtroom
was packed TO its utmost capacity.
Many brought their dinners and
stayed through the noon hour and
when Sheriff Mccullough found IL
necessary TO lock W the courtroom,
they hung about the door ready TO
ruth in at the first opportunity. The
last days OF the trial, the interest be-
came so intense that hundreds of men
and women stood for hours in the
densely packed throng which filled
the outer aSileS, the upper halls, and
even extended down the stairway in
TO the hall below. Nearly 800 people
were i'm constant attendance.
Space forbids a complete summary
Of the testimony Of the fifty witnesses
introduced in the case, but before
briefly reviewing the arguments OF
! the counsel, we wish To correct an err
ror in the testimony Of Mrs. Gabrion
as given in the HERALD last week.
Instead OF ''she told her mother that
Isaac had said" etc: it should have
read "she denied that she told her
mother etc
Attorney John T. Mathews opened
the case for the people. He called at
tention TO the relative ages OF EiSen
lord and Gabrion, the former being
thirty.three and the latter twenty
three years old. Displayed diagram
showing interior OF Isham's mill, anC
called attention To relative position
of parties and two ways Of egress from
mill. He maintained that, If Eisen
lord was afraid of Gabrion as the de
Tense had attempted TO establish, he
had every opportunity TO escape anc
ought 20 have done so. That IL wa:
impossible for EisenlOrd TO have
struck Gabrlon fatal blow with the
piece Of edging while Gabrion had The
the scoop shovel raised above hi
head The ear was not injured, TIN
blow was back Of the ear and cOulC
not have been inflicted in the man
ner indicated. According TO the ties
timony OF Jesse CUP, when EiSenlort
told him Of the killing five minute
afterward, he said: che called me
s. OF b and / struck him and
guess struck him harder than | in
tended 20 and | guess / killed him.
He said nothing about quarrel
~ nothing about the scoop shovel. Els
enlord asked George Kirby if Gabrio
had been drinking and he said: 'no.
"Well" said Eisenlord, 81 want t
prove that anyway" Eisenlord kneN
that he had struck fatal blow, and
maintain that after GabriOn fell an
while he lay dying, Iesenlord jumpe
on him and continued To pound hin
Tom Bates testimony is not worth
, Of credence. He never thought abOu
i Gabrion's threat to kill Eisenlord vi
til two weeks ago. lfGabrion had eve
said any such thing, would not Bate
y have thought OF it at once and tOl
Eisenlord or his friends? Mr.. Natl
: ews referred TO the sympathy whic
counsel for the defense would pro-
ably attempt TO awaken for the
client and argued that one side WI
as deserving OF sympathy as the oth'
and that the question as 70 the gui
or innocence OF the defendant shou
y be decided wholly without referent
- to sympathy for either.
Mr.. Kirby opened the case for I'll
defense. He emphasized the impo
lance OF the case. lie anticipated Il
n charge of Judge Stone by saying tn
/ the nature OF the proof Introduce
was not such as would permit u
jury TO consider the crime of murd
r. either in the first or second degree, {
" neither generalization or malice afor
thought had been shown and q
court wonld so charge. Manslaught
was then the only crime left TO
considered. He maintained that &
re testimony showed Gaorion to be I
,s vengeful man, man OF violent tel
per, that he knocked down a man at
dance, that he had trouble with Cha
, Shafer, came TO Ithaca TO fight Jer