The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1906-04-11
GARD !. Il, IS
A' A I Ed E! |. !.
jury Returns Verdict After.
Only Fifteen Minutes
Deliberation.
ACCUSED OF SHOOTING WILLIAM.
GARRISON.
Was Convicted on the First
Trial and Given Sentence of
80 Years.

1870 & J..
Joseph Il. Gardner, charged with
the murder of William Garrison,
was acquitted Monday night by
the Jury in district court of
Itasca county. The case went to
the jury at 9:45 and in Is minutes
a verdict of not guilty was re-
turned.
The shooting of William Carl
son took place in 1928. Itasca
county. The men were neigh
.bors, as neighbors go in this
county, being about three miles
apart. Garrison was a self-styled
chad man, and because Gard
ner had interfered with some
lawlessness attempted by CARR
son the latter chad it in for Joe, y
and it is claimed told several
people that he would 'sget Gard
ner some time. The final trouble
came over some potatoes. While
Gardner was away from home
Garrison went to Gardeners and
took the potatoes, claiming to
those there that Gardner owed
him, He also told Gardeners son
to tell his father to come over
and settle for "that hay he cut
on my land" Gardner, on his
return, went to Garrison s in re-
Spouse to the invitation. He took
his Winchester with him, the
custom being up in that country
for a man going anywhere
through the woods to take his
gun and his pipe. When he got
to Garrison's Gardner asked the
other what he wanted about hay.
AS Gardner, who is deaf, under.
stood it,, Garrison said, "I'l
show YOU and started for his
gun which was leaning against
the cabin q few feet away. Gard
ner shouted to Garrison to stop,
but the latter did not heed and
Gardner, believing himself in
danger, fred, and as that shot
did not take effect and Garrison
seemed to be still going toward
the gun, Gardner fired again,
this time hitting his man. Gar:
rison dropped and crawled
through a fence and Gardner
went over to see if he was play
ing possum or not. Satisfied
that he had wounded him and
not knowing how badly, in sort
Of panic he started away, went
to his own house and sent one of
his men over to Garrison's to
take care of the wounded man.
Gardner walked so miles to
Hibbing and wired the, Itasca
county authorities of the shooting
and at their wired order walked
back and met them at his own
house and took them tothe scene
of the shooting. Garrison had
died during the night following
the shooting.
At his trial at Grand Rapids,
Gardner was convicted of muir.
der in the second degree and
sentenced to 30years in the state
prison. His friends came to his
aid and moved for a new trial,
which Judge Spooner of Bemidji,
denied. The matter was ap-
pealed to the state supreme
court, and that tribunal in last
November ordered new trial..
practically ruling also that Gard
ner had shot in self.defense, and!
placing the case in a most hope.
full light. Judge Spooner, in his
charge to the jury in the first
trial, ruled that Gardner should
have endeavored to. retreat when
be thought Garrison had in
tended to take his life. The SUI
preme court ruled that when
Gardner was convinced that his
own life was in danger he had a
full right to shoot. and shoot to-
kill, thus overruling Judge
Spooner's charge, which had.
been the charge of Minnesota
courts for many years. tits adj
mitted that Judge Spooner's rul.
ng was not only in keeping with
he supreme court of Minnesota
II such cases, but in keeping
With the rulings of the judiciary
# the entire country from time
mmemorial. The reversal in the