The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1914-02-16
FOUR DEPUTIES
ARE SENTENCED
Cooper, Davis, Croft and Polking
horne Get Prison Terms
Continued From First Page.

sentence pending exceptions as basis
for an appeal.
counsel for the defense ofrerc,
twelve reasons in support OF tie tire,
nations. the principal reason bens
insufficient instruction of the court II
his charge to the jury.
In oyerrulng the motions Judgt
Fsnnisan said Il may regret it Il
,here is any possibility of error i'm IN,
,e.,rd as I regret that counsel waited
for this hour to put the blame of Thu
conviction on the court
The contention of Mr. Galbruith HAD
be,n that only one man could be found
.uiltv # manslaughter as it was i'm
rossible 20 conspire 10 commit man.
slaughter of which offense malice is
not an element.
The Judge explained that the jury
found al guilty of manslaughter be-
,atsr "co-conspirators cannot be hello
ouilty of an offense greater than that
of the man who fired the fatal shot
Al the conclusion of the session the
udgc ordered Harry James released ON
his own recognizance until the mex;
form of court when the THAN murder
case will be tried. This decision was
made ON application of the prosccut-
ING attorney. The bondsmen of Cooper.
croft. Davis and Polkinghorne were re-
leased.
nstructing the jury to return . rcr-
lirt If not fully in favor Of Harry
James. and outlining three forms uf
verdict that may be returned against
,c,pcr Croft, Davis and Polkin.-
horne. the remaining four respondents
in The Secbervile shooting, specifically
the killing of Putrich. Judge Flanagan
concluded his charge at 80 o'clock
Saturday afternoon.
After a brief reference to the cred
.bilW of witnesses. which the court
said was entirely up To the luTsmcn.
Of the jury. the three forms OF verdict
were presented:
Frst-Guity of murder in the Sec
ond degree as To any one or more or
all Of the respondents.
Secund-Guilty of manslau%bt ~ as
to one or more or all of the respond.
ents
Thrd-Not guilty, as to one II mere
or all of the respondents.
The court gave the definitions a.
murder. and manslaughter, specifying
that murder i'm the first degree must no
DELIBERATE, while murder committed in
The heat of passion when the blood is
not cool" is manslauehter. At this
point, the merits of self defense were
dwelt upon the court stating
1T is the right and duty Of every
person to resist assault. 1t is justified
only If such means as are reasonably
necessary are employed In protecting
one self from an unlawful assault The
rule of law is that when a person ~
assaulted or threatened with 'sault,
and he acts in self defense, ne j. not
10 he Judged 10y facts and ciro'Un-
stances and surrounding at the time
in the trial but by the facts, circum-
stances and surroundings as they ap-
peared to him at the moment when Eo
found it necessary to act i'm self de-
tense. IN act Of self defense must be
upon reasonable grounds ana not ON
foolish grounds.
Taking human life is not To be
lightly regarded; every assault made
upon person does not Justify tina:
person in taking human life. I'm order
to cntluc a person To take the life
of am assailant he must believe i'm the
circumstances at the time-he must
believe upon reasonable grounds in the
danger Of the loss of his life or Of
suffering serious violence
Courts Charge Is Voluminous.
The courts charge was volumin
Gus statement. an outline of facts ia
Inc case, review of tho evidence ana
The explicit understanding Of the law
which must prevail in the rendering o.,
verdict
Among the respondents charged
with the murder of steve Putrich is
Defendant James said the court "Th'
testimony i'm the case shows when
folknghorne was leaving for Scehcr'
''f''f III requested OUTFITS " b''
laHy HIM and beckoncd Ia James. The
testimony also shows that when Polk
nghorne and his party went up 10 See
bervile, James followed behind ano
That Pulkinghurnc and the other re-
Spondcnts had intended To arrest th'
TWO men but had left and started t.
come ont of the premises before
James entered. In further appears ina
Inc object of James IN going into th'
yard was to take "A rake from one O
The Putrich boarders. 1t further ap
pears that James took no part IN NH'
followed, that he had fired no shot ah'
VIA nothing except to take the rake
IL appears that his sole object was L
prevent and not To make an assaui'
Iherc is no evidence in the case 10
winch we can find that responder
James entered intoran unlawful con
SpiracN The condition of the test
mony being thus, it is the duty oil a.
court to instruct you that i'm any event
The verdict as To James should be m
guilty."
Court to Adjourn Tomorrow.
The court resumed It's regular grim
at the close of the murder case. Attor
IL a 4 I4NH