Collected Prose

evening.”
    *

    After three days the state rested its case. Contending that the murder had been premeditated, the district attorney relied heavily on the testimony of a certain Mrs. Mathews, an employee at the Miller Grocery Store, who contended that “Mrs. Auster came to the store three times on the day of the shooting to use the telephone. On one of those occasions, the witness said, Mrs. Auster called up her husband and asked him to come to the house and fix a light. She said that Auster had promised to come at six o’clock.”
    But even if she invited him to the house, it does not mean that she intended to kill him once he was there.
    It makes no difference anyway. Whatever the facts might have been, the defense attorney shrewdly turned everything to his own advantage. His strategy was to offer overwhelming evidence on two fronts: on the one hand, to prove infidelity on the part of my grandfather, and on the other, to demonstrate a history of mental instability on the part of my grandmother—the two of them combining to produce a case of justifiable homicide or homicide “by reason of insanity.” Either one would do.
    Attorney Baker’s opening remarks were calculated to draw every possible ounce of sympathy from the jury. “He told how Mrs. Auster had toiled with her husband to build up the home and happiness which once was theirs in Kenosha after they had passed through years of hardships…. ‘Then after they had labored together to build up this home,’ continued Attorney Baker, ‘there came this siren from the city and Anna Auster was cast aside like a rag. Instead of supplying food for his family, her husband kept Fanny Koplan in a flat in Chicago. The money which she had helped to accumulate was being lavished on a more beautiful woman and after such abuse is there any wonder that her mind was shattered and that for the moment she lost control of her senses.’”
    The first witness for the defense was Mrs. Elizabeth Grossman, my grandmother’s only sister, who lived on a farm near Brunswick, New Jersey. “She made a splendid witness. She told in a simple manner the whole story of the life of Mrs. Auster; of her birth in Austria; of the death of her mother when Mrs. Auster was but six years of age; of the trip with her sister to this country eight years later; of long hours served as a maker of hats and bonnets in New York millinery shops; of how by this work the immigrant girl accumulated a few hundred dollars. She told of the marriage of the woman to Auster just after she reached her twenty-third birthday and of their business ventures; of their failure in a little candy store and their long trip to Lawrence, Kas., where they attempted to start over and where——, the first child was born; of the return to New York and the second failure in business which ended in bankruptcy and the flight of Auster into Canada. She told of Mrs. Auster following Auster to Canada; of the desertion by Auster of the wife and little children and how he had said that he was ‘going to make way with himself’ [sic] and how he had told the wife that he was taking fifty dollars so that when he was dead it might be found on him and used to give him a decent burial…. She said that during their residence in Canada they were known as Mr. and Mrs. Harry Ball….
    “A little break in the story which could not be furnished by Mrs. Grossman, was furnished by former Chief Constable Archie Moore and Abraham Low, both of Peterboro county, Canada. These men told of the departure of Auster from Peterboro and the grief of his wife. Auster, they said, left Peterboro July 14, 1909, and the following night Moore found Mrs. Auster in a room of their shabby home suffering from the effects of gas. She and the children lay on a mattress on the floor while the gas was flowing from four open jets. Moore told of the further fact that he had found a vial of carbolic acid in the room and that traces of the acid had been found on the lips of Mrs. Auster. She was taken to a hospital, the witness declared, and was ill for many days. Both of these men declared that in their opinion there was no doubt but that Mrs. Auster showed signs of insanity at the time she attempted her life in Canada.”
    Further witnesses included the two oldest children, each of whom chronicled the family’s domestic troubles. Much was said about Fanny, and also the frequent squabbles at home. “He said that Auster had a habit of throwing dishes and glass ware