Cyrus Patrick Rice

   Cause of his death was Shot.

  Noted events in his life were:

• Court. The Gammon Trial

The central point of interest last week was the Gammon trial; the state of Wisconsin against Noah B. Gammon for the murder of C.P. Rice in the town of Harrison, last spring. The testimony showed that the direct cause of homicide was the obstruction of the road running across land owned by Gammon, which they claimed was a only a private road, which was claimed by Rice as a public thoroughfare. Across this road Gammon had felled a tree, and on the morning of the shooting Rice, accompanied by his son Goodperry, a lad of 15 years, started to the mill via the obstructed road. Testimony showed that he knew of the obstruction and carried an ax in his wagon to remove it. While engaged in chopping off the tree, Gammon who was in the neighborhood, appeared upon the scene and ordered him off the land. Up to this point there is not much of a discrepancy, but from here the testimony diverges in two opposite and contradictory statements. According the testimony of Goodperry Rice, his father continued his work when Gammon drew his revolver. Rice dared him to shoot, but as the boy was making his way to the wagon, the minutiae of detail escaped his eye and it is only by occasional glances over his shoulder that he knew what transpired, although he testified at the time Gammon fired his first shot race stood with his ax embedded in the lime of a tree which he was cutting off. When the second shot was fired the lad looked around and saw no one but Gammon, but afterwards returned with his mother and brother and found his father lying dead near the spot where Gammon stood when he fired the first shot.

The testimony of Gammon, defendant, was to the effect that he heard someone chopping the tree across the road and leaving his own work came up and found Rice. He ordered him off saying the land was his. Rice refused to go, swore at him, and after some words, he raised his ax as to throw it. Gammon at this time was standing by a small maple tree some 21 feet from Rice, with his left hand resting on it. As Rice lifted his ax he drew his revolver with his right hand, and taking a step back, fired one shot. Rice then sprung over the tree with an ax drawn, when Gammon commenced to retreat. Seeing that opponent was coming nearer, he, after retreating a short distance turned and fired the second, and what was claimed by the defense to be a fatal shot. This, in substance, was the account given of the local scene of the shooting. The body once found testified by the boy Goodperry, was near the spot where Gammon stood when he fired the first shot, but the boy denied in toto hearing this father swear as claimed by the defendant. Both shots took effect with an inch of each other, one being only skin deep in the other doing fatal work. Numerous witnesses were brought in both sides to bring out different incidents bearing directly or indirectly on the matter as the boy Goodperry and the defendant Gammon are the only living witnesses of the affair, the remainder of the testimony could only serve as to what happened before and after the occurrence. The trial commenced Wednesday morning, that day and the greater portion of Thursday being consumed in hearing witnesses. The arguments of counsel occupied the remainder of the day the defense closing Friday morning. District Attorney Orr then closed the case for the prosecution in a brief speech which was a model of conciseness, strength and beauty. Hardly a dry eye was left in the courtroom at its close. The jury then heard the charge of the Judge and were conducted to their room. Hours passed on and they showed no signs of coming to decision. At 8 o'clock in the evening they were brought inside the courtroom by the order of Judge Cothren, who, finding there was a chance for agreement, returned them to their room. Six o'clock Friday morning they were again brought into court and announced through their foreman that they could not agree, and were accordingly discharged by his Honor. The jury were understood to stand on the first ballot, eight for murder, two for manslaughter, and two for acquittal. The next ballot united those for conviction while the others remained firm in their beliefs, in which state they remained until the end. Compromises are rumored to have been proposed but to no effect. The case now goes over to the next term of court. The defendant was admitted to bail.

Cyrus married Rebecca Spitler. (Rebecca Spitler was born on 1 Jan 1835 and was buried in Platteville, WI, Whig Cemetery.)