Evening star., 1938-12-24
Santa Claus Held
In Shooting, Prefers
Jail 10 Bond Freedom
Farmer Pleads Innocent
To MonsIoughter in
Yule Tree Pooching
By the Associated Press.

By the Associated Press.
ELYRIA, Ohio, Dec 24.-William
Case, 84-year-old white-bearded
farmer whose defense of grove
of Christmas trees brought death
to man and injury to his wife
chose today to remain in Jail in
stead of returning to his evergreen
studded acres.
He pleaded innocent to man
slaughter in the fatal shooting OF
William Rousseau, 37-year-old un-
employed father of two small girls
Bond was fixed at $1,000
Il could put it up easy enough, but
I'd rather stay here" Mr.. Case said
Prosecutor Howard R. Butler said
prosecution of the charge was up
to the grand jury"
After the arraignment deputy
sheriffs went to the Rousseau home
with a Christmas tree and gifts for
the two children, Geraldine, II, and
Sarah, 8.
Well give them the happiest
Slll lSlllldo pOSolOlC uillCl uilC III
cumstances," said a deputy.
Mr.. Case, known as Santa Claus
to the children in his neighborhood
because he gave them nickels. in
quired frequently about Mrs. Rous-
seau's condition. She was reported
improved in an Elyria hospital.
Mr.. Rosseau, 81, died over the
wheel of his old automobile, tc
which the couple had tied a small
Norway spruce taken from Mr.
Cases field, Sheriff Carl E. Finegan
said.
Mrs. Rosseau, pellet wounds in her
abdomen, both legs and right arm
brought to an Elyria hospital, was
given $3.50 chance to live" by
DR.. R. c. Novatny. She rallied
slightly after TRANSMISSION in which
Sheriff Finegan was the donor.
Mrs. Sarah Dahm, SO, their
grandmother, told the children al
their home in nearby Grafton: Papa
and mama may not come back"
Homeward Bound With Toys.
Mr.. and Mrs. Rosseau were home
ward bound from Cleveland with a
cargo of Christmas toys when they
stopped for the tree.
There's a possibility this thing
might be called justifiable homl-
eide" Mr.. Butler said.
The tree was his for the asking"
Mr. Case told authorities. I have
never refused to give tree away
But when people steal them, it's diff
ferent. I have lost about 200 trees
this year to thieves, some of them
two-tonners that had to be hauled
away in trucks. And I decided to
do something about it."
But of Mrs. Rousseau, he said
I'D never have shot her if I'd
known she was woman"
Tells of Shooting.
The elderly farmer has grown
Christmas trees on commercial
scale for many years and for the
past decade, at the holiday season
has selected one of his tallest and
finest for Cleveland's public square
Last night" he said, telling of
the tragedy, Il took my shotgun
and went out to the field I was
there for a long time. About 2:3O
car drove up. Two people got
out and went into the field. I saw
them dragging tree across the
road. I shot without saying a
word.
After the first shot one ran in
front of the headlights and I shot
again. Then I started to the house.
"A minute later the horn began
to blow so I shot at the headlights.
Then I went over to Lee Martin S
"a neighbor and told him about it.
Then went home and went to bed" "
Deputies found Mr.. Case asleep.
After being questioned he stretched
out on the iron Jail cot and went
to sleep.