The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-05-01

Judge Slater heard the argument
Of the attorneys this morning in the
hearing Of H. B. Eichelman charged
with the murder of his wife on Fri
day, April IL, 1924, and continuing
this afternoon. The opening argu-
ment for the state was given by AS
sistant District Attorney Lewis Pow
ell, who was followed by A. L. Drury,
attorney for the defense, who occupied
the larger part of the morning, clos
ing lust at twelve. District Attorney
Morris Barnett gave the closing argu-
ment for the state at two o'clock this
afternoon, following which Judge Stat
er was expected to give his decision.
Mr. Powell's opening argument
briefly summed up the states side
as follows:
"We contend that person has come
to death by violence, death resulting
from gunshot wound, and that the
defendant was the only person
seen about the premises immedi-
ately prior to the death
cat 1925 that noon four person:
heard a sound of shooting. We fiji
the time at this hour because it wa:
heard five minutes before the mer
in the street started work which was
usually at 1890"
Powell in Argument.
'The defendant was seen at 1880
by the milkman. He says he went tt
the restaurant at 1880. If the shoot
ing occurred at 1928, he could have
shot his wife and then gone to the
restaurant. He is next heard of al
the drug store at 12:45. We dom
hear anything further of him until one
o'clock when he was back at the house
"The body Of the dead woman was
lying at an angle in a narrow space
between the dresser and the bed Hell
left arm was across her stomach anC
her right arm under the bed. Three
inches from this hand the gun was
found. We contend that it would have
been impossible for a person in hel
position to shoot herself with a CUR
in the right hand in order that the
bullet took the course which the doc.
tors have described. If she did, she
must have held the gun in the left
hand or with both hands. If the
gun had fallen it would not have
fallen so near her hand.
"There is also the attitude of the
defendant himself. He came home
opened. the door, smelled powder, sale
My wife has shot herself He die
not call doctor or the police. He re
fused to put the body on the bed. NJ
motive for suicide has been shown"
Drury in Argument.
"Your honor has asked me not tx
argue the law but the facts in thi.
case" began Attorney A. l.. Drury fol
the defense. "But / want to call YOU
attention to one matter of law, tina
suicide in this state is not a crime
If there is no evidence here that
murder has been committed, there il
no evidence warranting a finding tina
any offense has been committed.
"By bringing in the testimony O.
Ben Eichelman as witness at tn,
coroner's inquest as testimony in Thu
case, he has become state witness
The state vouches for his credibility
His testimony becomes the testimon.
of the state of Wisconsin. AS sucl
it stands undisputed, verify in tn,
case. | did not object to the state
bringing in that testimony, but OBJ
jected only to the manner in which
it was offered"
Wife Was Living When He Left.
BY the undisputed testimony o
Ben Eichleman, state witness, when h
left that home, or that his wife die,
his wife was living. When he lef
that home to go to the restaurant
she was living. / challenge the stat
to show by any witnesses that an,
shot was fired before Ben EichelmaI
left hat home, or that his wife die
before he left. There has been n
witness to show that he was in tn
home when the shot was fired.
There has been evidence heard o
some explosive sound that was heard
None of these witnesses say the
heard a shot. A boy and girl in tn
house across the street heard an ex
plosive sound the boy paid no atten
tion to it, such as he would if he ha
thought he heard a gun go off; tn
girl thought it was out in the lea
box used by the workmen in the stree
The two workmen in the street though
it was tire blowing. None of thes
four people have been able to fix tn
time except by estimate. The me
should have started work at 1880 an
believed they heard the sound fiv
minutes before they went to worl
R1It thew were citv omn1ovaS an