#### THE STATE *v.*SHERROD WILLIAMS.

Murder in the second degree, upon the facts.

Murder. The indictment contained four counts, charging, in various ways, that the defendant, on the 14th of August, 1832, in the city of Cincinnati, by a blow with a club on the left side of the head of Joseph Clinch, did murder him.

Upon the plea of not guilty, the defendant made fourteen peremptory challenges, before a jury was sworn.

It was proven, that the deceased and the prisoner were barbers. The prisoner had been left in charge of a shop on Main street, by a colored man, who had hired the shop, and been absent several months. The landlord rented the shop to the deceased, and gave notice to the prisoner to quit. He did quit on the 13th of August, in the morning, expressing some dissatisfaction with the deceased, and the deceased immediately took possession. The same *evening,*while the deceased was in the shop, the defendant entered, and they had some words, when the defendant told him, that if he had money enough to pay his fine, he would kick him round the street, or words to that effect. The deceased had, upon one occasion, been in the shop of the defendant, and took down an advertisement,when the defendant told him, if he came about his shop tearing papers, he would knock him down. On the evening of the blows, the defendant was seen to pass the shop of the deceased, and to stop and look in: he did not enter. The deceased then had his brother in the shop. *199The defendant, with another man, had been fishing. In the evening, they went to Heckewelder’s tavern, and staid till after nine o’clock. They then exchanged coats, giving as a reason, that one of them was ragged, and wanted a good coat in order to go and see a lady. Shortly after this exchange, and just before the blows, the defendant was seen walking hastily up Main street, with a club, a few squares below where the blows were given. A few minutes before ten, P. M. the deceased was coming up the side walk, with a mattrass on his shoulder, and when nearly opposite his shop, turned to cross the street. Just then, the defendant came hastily towards him from the other side of the street, and as the deceased stepped over the curb stone, he struck him on the side of the head with" the club, held in both hands. The deceased fell over on the side walk. The defendant immediately dropped his club, and ran back across the street, and down Main street a part of a square, and then turned into an alley. There were two yellow boys sitting on the cellar door, within a yard or two of the place, when the blow was given. A coffeehouse, and a tavern opposite, were open, and- several persons were about, in sight. The deceased was delirious, until the next day, when he died of the wound. Pursuit was made after the defendant, and he was found at a house of ill-fame, in another part of the city. On the approach of the officers, he passed over a division fence, into a house occupied by colored persons, and crawled under a bed, on which some persons were lying, where he was found, upon his hands and feet, on the floor, his body up against the bottom of the bed. On being brought out, he was asked why he did it, (they did not say what) or why he struck with a big club. At first, he denied, but on being told there was a man present who saw him, he said no one had to suffer for it but himself. He after-wards said there was a dispute about the barber’s shop, and if he had money to pay his fine, he would kick him through the streets. He had a loaded pistol and. knife when taken, and had before been told, the constable had an execution against him for a debt. The prisoner’s character was bad; he was in the habit of carrying *a bolt,*(a lead weight, with a string at the end of it) as an offensive weapon.

*Kyle*and *Van Metre,*for the state.

*D. Stone*and *Gazlay,*for the defendant. ’

Verdict, guilty of murder in the second degree.

Lane, J.

sentenced the prisoner to the penitentiary, at hard labor., for life, and to pay the costs.