The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-05-01
JUDGE SKATERS
DECISION GIVEN
Decision in Eichelman Case
as Handed Down by
Municipal Judge.
SUMS UP THE CASE
Judge Analyses Case, and
Gives Attitude on
the Evidence.

had been committed, d1scharglng the
defendant II. B. Eichelman, is given
below in full:
"On April 11th," said Judge Slater,
Caroline Amelia Eichelman, wife OF
the defendant, between the hours OF
twelve and one midday was found IN
her home dead, as the result of gun
shot wound. The jury at the coroners
inquest found that she came to her
death as the result of this bullet
wound, and that the shot was fired
by some hand other than her own, and
recommended that her husband be held
for the crime of murder.
at became the duty of district at
torney to issue a warrant and prose
cute the complaint with all the vigor
at his command. And Ben Eichelman
stands before this court today charged
with that offense. This court must de-
eide that an offense has been COM
mitted before it can pass to the point
of whether or not there is probable
cause to believe the defendant the one
guilty. Still the law is not satisfied
unless the jury upon trial finds the
defendant guilty beyond reasonable
doubt.
ITO bind defendant over when the
court feels there is probable cause
does not require the preponderance
of evidence that is required for a
jury to find the defendant guilty. In
the one case the magistrate has only
to find probable cause, but the jury
must be convinced beyond a reason
able doubt.
"The court may feel that the testi-
fSain1 IN
warrant any jury in bringing in
verdict Of guilty Notwithstanding this,
if there is enough evidence to warrant
the judge in finding probable cause,
he must let the jury pass upon the
guilt or innocence of the accused per-
son.
'The court does not lave to find
that suicide is an offense, because it
has not been made an offense in the
statutes of our state of Wisconsin.
what this court has to pass upon
is whether or not the offense charged
has been committed.
1.-THE defendant at the inquest took
the witness stand, voluntary witness.
That testimony has been admitted at
this examination under a { supreme
statements His conduct was such as
could arouse a suspicion Of guilt.
"He left his work at an unusual
hour; it is claimed that he made no
cutlery over the condition in which
he found his wife; that when Mrs.
Koehl asked him to assist her he re-
fused to help put the body on the
bed; that he objected to the officers's
notifying the police; that he neglect
ed or failed to call doctor.
1.-THE testimony with reference to
this alleged crime is circumstantial
evidence.
"Circumstantiai evidence is any
evidence that is not direct and posi-
tive. 1t is regarded as strong because
circumstantial evidence, it is said,
cannot lie. A man may be convicted of
murder or any other crime or misde-
court ruling. In that testimony the de-
PENDANT made some contradictory
meanor solely on circumstantial evil
dence.
I'm criminal law, circumstantial evil
dence should not only be consistent
with an inference of guilt, but incon-
sistent with every reasonable hypo-
thesis, excluding all other hypothesis
to moral certainty.
with regard to circumstantial evil
dence, though it is generally said of it
that it cannot lie, it possesses a more
dangerous quality of being able to de-
ceive. Circumstantial facts are danger
ously deceptive, and false, in supposed
relation to charge. Once assume a
persons guilt and the most innocent
circumstances will look suspicious,
and unconsciously exaggerate in the
mind of the witness, suspicion be-
comes fact in the testimony, and fact,
guilt.
Nov as to the testimony. No one
saw Mrs Eichelman alive with the ex-
ception Of this defendant after half
past ten, when she went over to a
neighbours to get water.
THE body was found at one o'clock
or few minutes later by others than
the husband.
-Four witnesses heard some noise,
as II OF an explosion, which came
from the direction of Eichelman's
house, between 1920 and 1880. Mrs.
Chtheroe heard a similar noise at be-
tween twenty minutes and quarter of
one. Koehl next door to the Eichel-
mans, found when he came out of his
house after the noon hour that his
tire had gone flat and an explosion
might have been caused by that dur
ing that hour That is all the testi-
mony that we have that throws any
light on the shooting.
"The woman next door attracted to
the Eichelman home by the sound of
moaning and crying, found this de-
PENDANT moaning and crying. She went
In and saw the dead body. She asked
this defendant to assist her in putting
the body on the bed. He refused. That
may be circumstance, but we must
remember that the great majority of
people believe that a body found dead
should not be touched until the coro-
ner arrives. l do not know whether
or not the defendant thought this was
the law; it is not the law, but MANY
people believe it is nevertheless.
ut is said that he acted suspicious
ly in not calling the police, etc. We
must not forget that he was not in a
frame of mind that he would be if
nothing of the kind had occurred. It
would have been impossible for man
to remain cool and collected if his
wife were found dead, whether by sui
Icide or otherwise. We find that the
Npolice officer who ought to have been
Mcool and collected, removed the re-