The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1913-02-08

ole in the wall as ID was shown by ac-
tual experiment that when the chair
was placed standing up against the
wall the top was last whtre the bullet
hole IA. BY measuring distances and
calculating measurements from the
place the bullet entered the body and
then the wall, Lahti. 80 the defense
contended must have held the gun six
feet above tne floor which was an i'm.
possibility. This condition made a
great impression upon the jury
Around the main statements many
attendant doings and sayings were hx-
cd by the testimony OF various witnes-
ses
For nearly two full days the two
sides fought out the case. commencing
with an exhaustive examination Of
jurors which exhausted the regular
panel and compelled the pressing into
service Of many bystanders.
Wednesday about II 80 the arguments
to the jury commenced. Mr.. Waffen
summed up the case first for the people
and was followed by Mr.. Dwyer in .
careful review of the evidence and an
impressive appeal TO the jurors for
mercy for his client. Senator Moriarty
followed with one Of his telling ad-
dresses, dealing mainly with the i'm
poriant points OF the testimony and
especially dwelling upon the contro-
verting points in the testimony Of the
defense.
Mr.. Waffen then followed with the
vigorous address mentioned above az d
ut the end of his address the judge de-
liyered his charge which occupied 30
minutes ana the case went 10 the jnry.
The charge Of Judge Flanagan was
fair with n leaning towards mercy for
the defendant At about five o. clock
the jury retired and for five hours they
wrangled over the case. A couple OF
times they came back to the Judge for
information and at about 1890 q clock
they came out OF their room and filed
a Verulct OI acQultIal,
Reports since the jury reported are
that two men hung out for conviction.
the two reported being Alex Dalpra
and Herman PIankey of this city.
On Thursday the case of Sivila aud
others for the murder OF John West
was taken mp. Moriarty a. Dwyer
again appeared as the defendants at
torneys while Mr.. Waifen took care of
the Peoples side OF the case.
The sheriff had been instructed to
gather in an extra number of tailsmen
to supplement the regular panel when
,it became exhausted and il was found
that the provision was wise one for
several of these tailslnen were finally
accepted as jurors.
As there were three defendants and
they were nil included in the same case
the defense had 90 peremptory chal-
lenges to exercise. Happily such a
course was found to be unnecessary
Tor when the men were arrraigned
Siyila admitted doing the cutting and
the other two defendants were let 20
IL didn't take long TO get the evil
dence In in this case. The story Of the
case IL that West was drunk about the
saloon and WAS looking for scrap.
Siyilia and his companions got his en-
nifty by remark passed regarding
Vests striking another man. West
tried 10 pick quarrel then but Eric
Erickson called him down and ho de.
sisted Sivlla and one Of his compan.
ions lett the saloon and went up
60 John Bauer =. After time they
returned 70 Erickson's place and West
again sought a quarrel but Erickson
put him out and, tearing that West
would return and start trouble again,
he put everyone ont and closed the 81
loon at twenty-five minutes to eleven.
/ West and the three men met on the
walk outside and engaged in scutIio !;
West got Sivila down when Sivila,
while lying under West got out hue
knife and cut West
| btuttSit hHuctthAblbHr ~tlt Htt up
ON this story by the two sides but they
both agreed 20 the facts In the main
The fact that there were three men 10
one weakened the defense contention
of self defense bot that there was some
provocation for the cntting was appar-
ent
The jury retired ~ ;30 yester rday
and at $3.50 brought in verdict of
Assault with intent 70 DO great bodily
harm. leas than the crime of murder
The afternoon ~ yesterday was set
apart for tho arguments IN the
Schook case. There was considerable
delay because of the hteness of Mr.
McDonough's arrival.
This il the case " Paul Schook W.
Eurene Zimmerman and Il T. Cluffa