The Detroit times., 1911-01-07
BENNY GOVARE ON
WITNESS STAND
Mothers Attorney Refuses To Let
Him Answer Questions Because He
Might Incriminate Self.

nounced that the prosecution would
rest
Attorney Silas b. Spier, for the de-
tense, however, was not satisfied 10
let the prosecution quit right then.
He said there were still three per-
sons on the information whom the
prosecutor had not called to the
stand, and he insisted that at least
one OF them, August Govare. husband
OF the defendant, be called. The
other two were Sheriff CASTOR, OF
Wayne county, who was present
when Mrs. Govare's stenographic
statement was taken, and John A
Renk, photographer. Mt. Clemens
who took the pictures OF the door CT
the Govare house through which
Sheriff Matthews was shot and kill
ed. Mr.. Spier said he would not In
sist that Sheriff CASTOR and Mr.. Henk
be brought into court. The sheriff
Is i'll, Mr.. Stone explained.
Prosecutor Stone, bowling TO the
demand of Mr.. Spier, called Govare
statutory right of Govare to refrain
from testifying against his wife.
Asked through an interpreter, Hen
~ b. Van Slembrouck, whether he
knew Chief OF Police Aemke. of Mt.
Clemens, Govare replied:
Sure, we often drank together"
The reply caused loud litter in
the crowded court room.
THAT shows that they all drink mp
in Mt: Clemens, officers and all.
commented Mr.. Spier.
Goyare was asked II he had any
hard feeling towards Aemke because
tn. latter had arrested him a num-
Der of times, and he answered that
h liked Aemke and 'all the people
Covare was on the stand when
court adjourned at noon for lunch.
Judge Mckay decided. on the open
ing OF court, Friday morning, that the
prosecution might introduce in evil
dence the statement made by Mrs.
Govare after her arrest. Mr.. Stone
read he statement. In IL Mrs. Govare
says she presumed Sheriff Matthews
VS. bad man" or a burglar. when
he called at her home oh the night OF
Dec. /, and that she told Benny, her
l4-year-old son. TO discharge the shot
gin when the caller tried TO force the
door on which he had Knocked. She
nitted th..' the sheriff had told her
who he was and that he wanted
her man" but she said she didn't
believe him.
The statement showed she had no
prejudice against the police author
tiles. Asked If she was angry with
tho police for arresting her husband
a number OF times, she replied that
she harbored no grudge against them;
that they must have been right in
making the arrests, otherwise they
would not have made them.
One OF the first witnesses in the
morning session was Bert " Nunne-
ley, justice OF the peace. Mt Clemens.
He testified that he made out the
warrant for Govare's arrest on the
! charge OF cruelty TO animals, and
that Sheriff Matthews, on taking
charge of the document. said I'm go
ing TO take this out and tell that fellow
(meaning Govare) to come in"
Attorney Spier. witt the jury abb
sent, made a motion after Mr.. Nunne-
~ left the stand, to have the warrant
play NJ part in the proceedings. and
TO have the court instruct the jurors
10 disregard all testimony in connec-
ton with II. contending that IL was
al illegal document, inasmuch as 1t
did not contain the name "Govare,
although meant for him. The name OF
Howard" was used in the warrant.
+. Spier quoted authorities to show
that supreme courts had decreed that
a warrant is not genuine unless 1t con-
tains Their light name of the Ierson
70. whom IL is intended
Judge Mckay denied the motion.
Benny Govare, the boy who fired
the shot which killed Sheriff Mat
thews, was next placed on the stand.
Attorney Spier made strong objec-
ton to Benny's appearance as wit
ness, pointing out that he was not
old enough to understand the ques-
tons that would be asked of him.
The court finally allowed Mr.. Spier
to exercise the lads constitutional
right TO refuse to answer any ques-
ton, on the ground that ii might in
crininate him, inasmuch as he, also,
is To be tried for the murder of the
sheriff.
Benny said he was a Roman Cath
Ole; that. he was confirmed at the
age OF 12. and that, although he had
attended school, he was now un-
able to read or write. Furthermore,
from another; that he didn't know
Christmas occurred in December, and
that he had no idea on what date
his birthday fell, nor how many days
there are In a week.
MIR. Stone finally passed up Ben
ny saying he didn't care to go any
further in view of the courts ruling
that Mr.. Spier should act for the hoy
in regard TO his constitutional rights.
Benny wept copiously while on the
stand, and the jurors seemed to pity
him, judging from their countenanccs.
Oscar Blaisbell. teamster, OF Mt
Clemens, testified that he aided in
looking after Sheriff Matthews when
he was brought TO his residence In
the Macomb county Jail after the
shooting.
Seated in court beside and behind
Mrs. Govare were her five sons,
julius, "a; Archille, 20; Alphonse, II;
Benny, IA, and Emory, 8. The three
daughters, Mrs Richard Debane, &C.
Mary. 10, and Gotaleba. IL, were cx..
pected in court during the morning,
but failed to appear. number Of
women, neighbors of the Govares.
we're on hand. They are to be called
| as character witnesses by the de-