Marquette-Gogebic-Delta County MI Archives News.....Nadeau Was Acquitted February 23, 1912
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File contributed for use in USGenWeb Archives by:
Martin Smith smithmf@att.net September 14, 2013, 12:20 pm

The Negaunee Iron Herald February 23, 1912
William Nadeau, former police officer of Negaunee, was acquitted in the circuit
court last Saturday of the charge of manslaughter which had been prefered in
connection with the death of Matt Saarikoski on the night of September 5th.  A
little additional testimony was introduced Saturday morning and the remainder of
the day given to arguments of the attorneys.  The pleas of counsel on both sides
were exceptionally forceful and they were followed closely by the crossed court
room.

Assistant Prosecuting Attorney M. J. Kennedy opened the argument for the state,
his contention being that Nadeau had not intentionally killed the fleeing man,
but that his had been criminally careless in his use of his firearm; that he had
violated his rights as a peace officer and that he should bear the penalty.

Attorney T. A. Thorn, of Negaunee, followed with the forceful address of an hour
and a half in behalf of the defense.  He made an analytical review of the
testimony, laying stress on the physical impossibility of its having been
Nadeau's bullet which caused the fatal wound, and bringing out many convincing
details of evidence in the man's favor.

Attorney W. T. Potter followed with a careful summing up for the defense.  His
presentation of the more personal elements of the case seemed too impress the
jury quite as much as did Mr. Thoren's discussion of the technical phases.

G. A. Driscoll, of Ironwood, of counsel for the prosecution, closed in an
address which occupied and hour and a half, making a strong plea that justice be
done.

Judge Flannigan's charge to the jury was quite brief, the right of the defendant
to every reasonable doubt being emphasized.

The jury retired at 5:30 p.m. Saturday and the verdict of not guilty was
returned shortly after midnight.  While of course nothing definite is known
regarding the jurors' deliberations it is believed that the practically
unchallened [sic] testimony regarding the distance between the two men when the
shots were fired was the turning point in the case.  The defense claimed a
distance of about 425 feet, while the prosecution's estimation was about 75 feet
less.  The fatal bullet, of 32 caliber short, had gone through the various
thickness of clothing, entered about the middle of the man's back and gone
through the body, the surgeons having had to make but a slight incision to
remove the bullet from beneath the skin of the breast.  Expert testimony
regarding projectiles precluded such a wound being inflicted by a 32 caliber
bullet at so great a distance, it being contended that from 50 to 75 feet would
be the extreme distance, with the probabilities for a much less distance.  Tests
at varying distances with pine boards and other object as targets were submitted
in evidence.

Though intense interest was manifested throughout the case with its
accompaniment of speculation as the verdict, the proceedings were most orderly
throughout, and it seems to be very generally conceded by those who had
opportunity to hear the case from beginning to end that the jury could have
reached no other conclusions in view of the evidence laid before it.

File at: http://files.usgwarchives.net/mi/marquette/newspapers/nadeauwa170nnw.txt

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