The Detroit times., 1913-12-10
M0LITOR CASE
IS RECALLED BY
Gilman TRIAL
Change of Venue Was Neces-
sary, Through Failure to
Secure Jury
MOST DRAMATIC CASE
IN HISTORY OF STATE
Ten Men Sent To Prison for
Homicide Sixteen Years
After Crime

James Mcnamara, attorney for the
defense I'm the Gilman trial. was at
torney for the people in what was
perhaps the most famous, and was at
any rate the most picturesque, Grim
inal trial in the history OF Michigan
the trial OF the slayers OF Albert Moli-
tor.
The same diiiiculty of obtaining a
jury was experienced in that trial as
has been found in the Gilman case
Every body In Pressure Isle county.
where the killing took place, was IA
miliar with the case, and feeling was
so high that l6 years after Molitor's
death 1t was impossible to find IL men
in the entire population who could
fairly and impartially weigh the EVIL
dence.
Molitor was killed in 1875. No EVIL
dence could be obtained against his
slayers until 1891, when one of them
confessed and implicated the others.
Mr.. Mcnamara was then prosecuting
attorney In Alpena county. Prosecu-
tor Inglesby, of Presque Isle county,
requested additional counsel In behalf
OF the state, and Mr.. Mcnamara was
retained to assist him. II developed
that almost the entire work Of the
trial fell on his shoulders.
Jury Array Quashed.
AS in the Gilman case, the first
defense, and quashed by the court.
The next venire Of 81 was exhausted
for cause and by peremptory .chal-
lenge. T:ien an attempt was made
to draw a jury from the spectators
In the court room. and this failed.
Then IS men were summoned from
different partl OF the sparsely settled
county. But August Grossman, the
chief defendant, was as well known
in Presque Isle as Aid. Gilman Is in
Detroit. for he had been supervisor
and chairman of the board Of super
visors. There were 74S voters in the
county, many OF whom did not under
stand or speak English; So after the
examination of 252 veniremen. a mo-
ton was made to change the venue.
and the court granted a change to
Alpena county.
How near the parallel Is to the
Gilman case. Is shown from the fol-
lowing passage from the record:
Mr.. limerick (for the defense) ::
Then | understand your honor is
going to make an order transferring
the case?"
The court: Il am inclined that way
now, unless see some way out OF it."
Mr.. limerick: I'VE only lack one
man now of having q jury"
The court: I'VE never will lack
any more. We always have lacked
one man."
Mr.. limerick: We'll, the defendants
will try 1t with that jury, those IL
men,"
The court: THAT could not be
DONE"
The case began in the October, 1891,
term of court, and the three men Who
were tried after the conviction OF
Grossman. were not sentenced till the
May term Of 1893.
The facts In the cases were as fol.
lows:
Victim Was Prominent.
Albert Molitor, by birth a German.
soldier In the Civil war, came to
Michigan after the war as a surveyor,
and decided to found settlement in
PresQue Isle county. With his part.
ner. Rogers, he founded the town now
called Rogers, the county seat Of
Presque Isle county. Molitor induced
many Germans and Poles to settle In
the district about Rogers. He was
the mos. influential man in the com
munity. When the county was or.
ganized by the legislature. Albert
Molitor became supervisor Of Rogers
township.
Taxes we're high IN the new town
ship. and the thrifty farmers got the
notion that Molitor was largely to
blame. In the hard times following
1873. 1t was difficult matter for the
Germans and Poles of the district,
most of whom were In debt. to keep
their heads above the financial wa.
ters. and to be saddled with heavy
taxes for roads and county buildings
was an abomination to them. Molitor
appeared to them q rich man. He
rode a tall horse, owned q store and
saw.mill, operated lumber camps,
and in comparison to the rest OF the
settlement. he was a Croesus. There
IL no doubt that he realized his own
importance. II Is said that he treated
his neighbors harshly. beat them out
OF his way with his riding-whip, and
was high and mighty to all but few
particular friends. And there were
other rumors which may or may not
have been true. II Is enough that
Albert Molitor became well-hated
man.
Among those who felt themselves
wronged by Molitor were August
Grossman and August Barabas. Gross
man was q high-spirited young man.
a natural leader. On the minds Of
these men Hoeft, the rival storekeeper
to Molitor. and Andrew ]. Banks, a
shrewd. cunning man who kept him.
self well In the background, appeared
TO have exerted considerable infiu-
ence. II was Banks who, according
to one of the witnesses, first suggest.
ed that In America ~ men constituted
q jury, and could decree and execute
death on any member OF the commun.
ity whom they felt deserved It.
So Crossman and Barabas and one
or two others went among their
neighbors. appointing q rendezvous at
Reinke's Hill, shout four miles from
Rogers, on a certain night. Some
went there, knowing what was expect
ed of them: others did not. Stephen
Reiger was told that there was to be
q bear-hunt. Frederick Sorgenfrei
a. III . .