The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1844-04-26


aime, last of July or first of August, a,
Phillips house. Went up there with
some women. Asked him how far it was
to Ferdinand Carriers; he told him Z OF
mile. He then showed witness the
way up through the timber. They then
saw a house off; asked if that was the
house; he SAID it Was not. He then
told witness that Mr.. McClasky lived
there, and that he was an enemy of his.
He told witness he had a great deel of
trouble with McClasky and with Morse,
his nelghbors lie showed him also where
Morse's house stood. Don't recollect
whether Morse was in the country then.
He told witness that he was in danger Of
his life then, and that he did not like
to leave home then nohow, or leave his
family there that he was so much afraid
Of his neighbors he did not know what
to do if they didn't soon quit it he ex-
pecied one Of them would soon be killed
either himself, or Morse, or McClasky.
He said that he was exposed to death.
One of those individuals he did not know
which of them would kill him. He did
not really say he would kill either of
them. This was in 1912. This is not
all the conversation. He was telling wit
ness the difficulties they had; he was
telling him how Morse and McClasky
used him. Witness resides in Ottawa.
Cross Erdmined.-Took it that Phil
lips expressed nothing more than that he
was going to defend himself. Did not
Judge from that conversation that Phillips
intended to make any attack on them.
lie related how they abused him. He
was afraid of his life. lie did not dare
TO leave his house.
DireCt.-'That conversation made an
impression on witnesses mind.
Here the prosecution rested, at s. o'clock, and
the evidence was closed
The argument was opened on behalf Of the
people by s. ,. Shopc, Esq, WHO spoke until
o'clock, after which the court adjourned to half
past eight o'clock, Wednesday morning.
On Wednesday morning, the court having met,
the argument on behalf of the defence was open
ed 10y J. O. Glover, who was followed Ivy d. j..
Gregg, for the prosecution, who, in his turn
followed by n. II. Purple and I. i. Dickcy. D.
f. Fridey, states attorney, then closed the arCu-
ment in an address to the jury which was conclu-
4, Il II -, ~
charged by the court, and sent out in charge of
al officer. The court then adjourned.
At nine o'clock, on the same evening, it having
been announced that the jury had ag'eed npon
their verdict, the court again met. The jury I'M
mcdatcly after came in and delivered their verdict
to the court and, upon being opened, 1t was found
to be as follows: ave the jury find the defendant
guilty Of MANsLAUGnrER, and recommend that he
be punished TO the extent Of the law" The court
remarked that the extent of the law was three
years, and that the jury should have designated
the time in their verdict and then inquired if they
were all agreed to that time, to which the jury
men severally replied in the affirmative. The
jury were then discharged
The defendants council now moved to arrcs,
any Judgment against the prisoner and for his dis
charge, on the following grounds: The jury find
the offence To have been committed on the 2Sth Of
January, lSi3; and the 29h section of the 9Th
division of the criminal code (bcing the only law
in force, at that time, providing for the ptnish-
nient of the crime OF manslaughtcr) having been
repealed by the act cf the It'll Of February, 1913,
and a new law passed for the punishment of said
crime, the prisoner could not be punished under
tho old lar, because it was repealed, nor under
the new law, because ii was enacted after the COM
mission of the offence in this case. Without
hearing any argument or deciding on the motion,
the court adjourned to 81 o'clock next morning.
Thursday morning, the court having met, the
motion submitted on the previous evening was
briefly argued on both sides, after which the court
decided that the grounds upon which an arrest of
judgment, and the prisoners discharge were claim.
ed, were good, and the motion was sustained.
The prisoner was then set at liberty.