The Minneapolis journal., 1904-12-26
MURDER TRIAL
AT GRAND RAPIDS
JOSEPH GARDNER CONVICTED IN
THE SECOND DEGREE.
Shot and Killed William Garrison, a
Neighbor, on July 25-Spear, for the
. Prosecution, Proves that Gardner
Was the Aggressor-New Trial to Be
Asked. a. .>
Special to The Journal.

special to The Journal. s-E '.
Grand Rapids, Minn. Dec. 26.-Judge Spooner
will impose sentence in the Gardner murder case
cn Tuesday Or Wednesday, The jury returned a
verdict of murder in the second degree.
On July 25 last Joseph Gardner shot and
killed William Garrison a neighbor at the
homestead of the latter, two miles and half
from Gardners place. Gardner Immediately
started for Hibbing, some seventy miles away,
and there notified the authorities. & s.:-
Investigations made by the sheriff early the
next morning and statements from Gardner dis
closed the fact that Garrison had been thirty-two
feet from Gardner when shot; that Garrisons
rife was thirty feet from the latter, and that at
the time the firing began Gardner was only
twenty feet away from Garrison's weapon. At
Hibbing Gardner made the statement that he had
killed Garrison just as the latter raising
his rifle to his shoulder to shoot.
Coroner Russell performed Autopsy and
found that Garrison had been shot but once the
bullet entering the neck and emerging from a
point near the armpit, both wounds being on the
front OF the body. If the two men had been
facing one another 1t would have been utterly
impossible for such wound to have resulted.
No Lack of Friends.
| The trial consumed eight days, day and night
| sessions being held. Gardner had been engaged
in some coal explorations and had also been
interested in pine lands, and among his friends
Steele, William Bilstein of Superior and H. L.
Shepherd and c. f. Miller, attorneys in Duluth.
These all participated in the trial, giving evil
dence Of the unimpeachable character of the de-
fendant
! The defense proved that Garrison on at least
| six occasions had threatened to kill Gardner.
Also that Garrison man of violent temper
and physically superior to the defendant.
On its part the state showed that Gardner
had gone to Garrisons on the day of the shoot
ing knowing not only the character Of the man
with whom he dealing, but his strength and
physical ability and, further, that Garrison had
| threatened to take his life.
Damaging evidence was also produced in the
| testimony of witnesses that Gardner had said
| that he had finished Garrison" Garlners own
| statement was that after shooting Garrison the
latter had turned and made his retreat over
| a three-rail fence near the house and that the
| defendant had afterwards gone to where Garr-
from the wound. and had said TO Garrison, "Yot
have been working for this for some time, and
now you've got it," adding term OF abuse so
vile as to be unprintable. -.
Gardner had then turned away from his VIC
tim and, taking the rife of the latter, had gone
home. Gardner obliged to admit this while
on the stand.
New Trial and Appeal.
! Gardner is a married with a family and
this fact and his heretofore unblemished name,
probably account for the verdict in the lower
degree. The state represented by County
Attorney Spear and the defense by ex-senator
c. c. Mccarthy.
An appeal will undoubtedly be taken to the
| be refused. Papers for the purpose of a motion
| for new trial are being prepared
| The case against William Reynolds, charged
| with having set fire to resort near Nashwauk, q
mining town Hibbing. but in Itasca county,
| three persons being burned to death In the fire,
| will probably be finished by Tuesday night and
| the verdict returned by Wednesday.