The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-01-06
DEFENSE IS GIVEN
HARD JOLT IN
G0VARE CASE
Court Permits Introduction of Testi'
mony Relative To Acts Of Defend
ants Husband Prior To Killing
of Matthews.
Tendency Will Be To Puncture Claim
That Sheriff's Visit Was Wholly
Unexpected.

When court convened Thursday
afternoon In the Govare murder
case, Judge Mckay announced
that he had decided to permit the
prosecution to put In testimony
relative to acts Of August Govare,
husband Of the defendant, prior
TO the killing Of Sheriff Matthews.
| This decision 10 considered a hard
! blow to the defense.
| Practically the same point which
caused the prosecution 10 drop the
conspiracy and, embezzlement charge
against Cameron Currie and Louis II.
Case came up In the trial of Mrs.
| Mary Goyare, charged with the muir
; der OF Sheriff Joachim Matthews, OF
Mt. Clemens, In the Wayne circuit
court, Thursday morning. The point
caused a lengthy debate, in the abb
sence of the jury, between Prosecutor
Stone and Attorney S. b. Spiers, for
| the defense, and had not been set
tied when court adjourned at noon.
The question at issue is whether
the prosecution shall be allowed TO
introduce testimony bearing on acts OF
! August Govare, husband of the de-
PENDANT. prior TO the killing OF Sheriff
Matthews. Attorney Spiers entered
strong objection TO the proposition,
claiming that such course. would be
| likely to jeopardize I interests OF
Mrs. Goyare.
Prosecutor Stone, in explaining the
situation to the court, said that the
prosecution was not disposed TO take
| the explanation of Mrs. Govare for
the tragedy namely, that she told her
l4-year-old son, Benny, to shoot when
Sheriff Matthews, supposed by her,
she says. TO be a burglar, came to
see her husband. He contended that
| Ii was the duty of the prosecution 10
place before the jury all the facts
/ leading up TO the tragedy for the pur-
pose OF giving the jurors a correct un-
| derStapding OF the whole matter. The
prosecution. he said, was not con-
cerned about the decision the jury
might reach, Dut>> he thought the jury
ought TO know alNabout the Govares.
Mr.. Spiers, In beginning his argu-
ment, said that the case had now
reached It's turning point, and that the
court might as well face IL now as at
any other time. He then argued that
the admission OF testimony relating 10
acts OF Mrs. Govare's husband before
| the killing of Sheriff Matthews would
| be most unfair to the defendant, Mrs.
Govare; that she was on trial for the
killing of the sheriff; that she was In
no way concerned in what trouble her
| husband had been in prior TO the trag-
edy, such as being arrested for being
drunk and alleged cruelty to live stock,
| and that the introduction OF such testi-
mony, as planned by the prosecution,
would be prejudicial to Mrs. Govare
and contrary TO the fundamental prin.
ciples OF the law as laid down for the
safeguarding defendants.
Sheriff Matthews" said Mr.. Spiers,
made a mistake I'm going to the Co
ware home on the night season. and
the fact that he failed to make an
ante-mortem statement was evidence
Of his knowing he had made an error.
The prosecution assumes that Mrs.
Goyare was aware OF the warrant be-
Ing out against her husband for al
legged cruelty to animals, and that she
expected the police were coming to
take away her husband, but Prose
cutor Stone has no right to make such
a wicked, cruel assumption. She was
put through the sweatbox- the day
after the tragedy and on that occa-
sion said she knew nothing OF the
warrant against her husband. But
that isn't the kind OF statement the
prosecution wants; IL wants 10 put in
inferential testimony. | don't ask
sympathy for the Govares; all ! want
is Justice
Mr.. Spiers said he regarded the
tragedy in a fatalistic sense, believ-
ing that fate had foreordained the
tragic end for the sheriff
Judge Mckay took the question un.
der advisement when he adjourned
court for lunch.
The debate on the point arose
when Chief OF Police William F.
Aemke, OF Mt. Clemens, was on the
stand After the chief had said that
Benny Govare had told him he shot
the sheriff at the instance of his
mother, Prosecutor Stone essayed to
show that the chief had arrested
August Govare for being drunk, and
that he had investigated Govare in
connection with his alleged cruelty
&C. live stock.
In the case of Cameron Currie and
Louis II. Case, Judge Connolly de-
cided that the prosecution had no
legal right to introduce testimony
bearing on acts OF the accused, prior
TO the date Of the offense charged,
with the result that the prosecution
was obliged to abandon its case.
During the Thursday morning ses-
sion in the Govare case, the prosecu-
ton made what IL claims to be
strong point when Prosecutor-elect
Hammerich, acting with Mr.. Stone
in the prosecution. testified that he
had made an inspection OF the door
which Sheriff Matthews is said 10
have forced on trying 20 gain an en-.
trance to the Govare home the night
he was shot and found there was no
evidence of any force being used He
produced photographs of-th door TO
bear him out and pictures showed