Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1902-11-17
Madison, Nov. II.

convicted in Milwaukee of the crime
of larceny from the person of Charles
Love, the offense having been COM
mitted on the night of Jan. 20 last in
a saloon. The reversal of the deci-
sion of the lower court was made on
the bill of exceptions filed by the at
torneys for the convicted man.
Collins and Love, the review Of the
case says, had been carOusing in a sa-
loon together with two women, Paul
inc Palmer and Marie Gordon. A con-
fict developed and in the melee Love
fell either by reason of interference
from Collins or on account of his own
condition. Collins PRETENDED to assist
him to rise and in this assumption Of
assistance took from the pockets of
the PROSTATE man pOcketbOOk on
tanning a quantity of money and a
number of rings. He kept the money
for himself and gave the rings to the
women.
Collins and the Palmer woman were
tried jointly and convicted of larceny
from the person. Collins was sent to
the state prison. The fact that the
two were tried jointly gave rise to
most of the alleged errors of the rec
ord which the cOnvict's attorneys set
forth in their brief. Justice Dodge
wrote the opinion which commands
the warden of the state prison to re-
mand the prisoner to the sheriff of
Milwaukee county and that the man
shall be given another trial
Ryan Case Reversed.
another chance for acquittal Of the
charge of killing Frank O'Brien, the
charge being the result Of a saloon
fight at Amigo on Dec. 1, 1901. Ryan,
according to the review Of the record
of evidence as contained in the Opin-
ion written by Justice Cassoday, is an
aged man, some so years old. He had
been subject to heart disease for many
years, had had domestic troubles,
been subjected to great nervous
shocks and was in fact a nervous
wreck.
The saloon brawl was caused by
the refusal of Ryan to drink whisky
with O'Brien. The latter made one
violent assault upon the old man and
was stopped in rush for a second
assault by the pointing of a revolver
in the hand of the old man. A third
rush was made and the man raised
the gun again to frighten the assail-
ant again, he testified; the gun was
discharged, the aggressOr killed and
the trial for murder resulted. A jurE
fou1d Ryan guilty Of mansfaughter in
the last degree and he was sent to the
state prison for a term of two years,
being sentenced May 20, 1902.
The supreme court holds that in
view OF the fact that the defendant
testified that he was raising the gun
to scare the man who was making an
assault upon him, as he had succeeded
in soaring away the previous rush,
that he testified that he had no desire
or intention even in his moment of
anger to kill the fellow and had no
knowledge of how the gun happened
to discharge, there was evidence that
he was merely repeling an unlawful
assault in a lawful manner and having
no unlawful intent. Upon these
grounds the jury might have so found
and the new trial is ordered.
Other Decisions Rendered.
In re will of Patrick Noon, deceased.
Motion to allow costs to guardian ad
Item granted to the extent of allow
ing him taxable costs in this court
out of the estate, but otherwise de-
MED.
Hellstern VS.. Katzer ct al. Motion
to dismiss appeal granted with $40
costs.
Opinions by Chief Justice Cassoday.
Krause VS.. city of Merrill. Affirmed.
FrOehIich VS.. Christie. Reversed
and remanded for a new trial.
Lowe VS.. Ring. Reversed and re-
manded for a new trial.
Opinions by Justice Winslow.
Horton VS.. Wylie. Affirmed. JUS
tice Bardeen took no part.
Bredleau VS.. town of York Re
versed and remanded for a new trial.
Opinions by Justice Marshall.
BOstwick VS.. Nut. Life ms. Co. Of
N. Y. Reversed and remanded with
directions to decide question Of fact
and to render judgment in accordance
with opinion.
Wunderlich Vs. Palatine ms. Co. AT
ffirmed.
StolI VS.. Nut. Benefit Life Ins. Co.
Reversed and cause .remanded with
directions to render judgment against
respondent for $891.61 with interest
and costs. ~
st. Clair VS.. Rutledge. Affirmed.
Opinions by Justice Bardeen.
Duell VS.. c. & N. w Ry. Co. Re
versed and remanded with directions
to grant defendants motion and to
enter judgment for defendant.
Egror VS.. n. C.. -F6ster Lumber
Co. Affirmed.
Rowe VS.. Moon ct al Order affirmed
Opinions by Justice Dodge.