Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-08-14
MARION CIRCUIT COURT.
Criminal Cascs.
Reported for me STAFF Sentinel.

The STATE Of Indiana rs. Edrard Dauis.--lndlct-
ment for murder in the second degree, upon the per-
Of John Tucker, negro, at Indianapolis, on the
4th day Of July last
WEDNESDAY MORNING. o o'clock.
Court met pursuant to adjournment
JOHN RIDER.-Sates, that on the fourth OF July last
the Palmer House, saw the Negro, Tucker, on
the pavement hear Meikers grocery, on Washington
street Saw Wood strike the negro, Tuck kerr on the
nose, and pass into a grocery The blood streamed
from the hose Of Tucker. Tucker said " II you want
to have blood we will have blood for blood Tucker
was advised to go and prosecute Wood for striking
him. Tucker started towards the Magistrates Office
Wood crossed fhe street, and afterwards followed
Tucker, with piece of board or plank in his hand
in the direction of the Justices Office. Wood over
took him near the middle of Illinois street. Tucker
turned TO defend himself: scuffle ensued. Saw
Wood strike Tucker with a club near the alley, on
the east side Of Illinois street. Witness Davis
hit Tucker with large brick-bat, after Wood and
Tucker were parted Tucker was not looking at
Davis when Davis bit him on the head. The lick
could have been heard fifty yards. Witness, and
others advised Tucker to leave, such ticks would
kill him; and Tucker retreated up Illinois street, and
was followed by the crowd. Wood went to Gaston's
carriage shop, and procured shaved stick similar to
swngle-tree, and pursued Tucker. Wood was
stopped by persons in the crowd and informed of the
consequences if he struck ard killed Tucker. Heard
several persons in the crowd say, Kill the negro"
Saw person, supposed IT was Ballinger, strike
the negro with a club, aud the negro fell then sup
poses las he could fairly for the crowd Wood
struck Tucker three four blows with his shaved
swingle-tree or neck-yoke Did not see Wood give
the blows
Cross-eranniued- Suites that he was within or
10 feet Of the negro, on Washington street, when
gro was first struck by Wood Negro going in
an eastern direction Wood met the negro and cursed
him, then struck him. Did not hear negro speak be-
fore he struck. After Wood struck, negro ask
ed s'what does this mean !-sald, after Wood went
into the grocery, 'if you want to shed blood, come
out here" Wood came out. Negro struck at Wood
and missed him; Wood then ran across the street to-
wards Harlin's grocery. Saw the scuffe near the
pump west side Illinois street. Saw the blood
Woods head after the scufe. Saw Davis strike Tuck
err with the brick bat Saw Davis after he had been
struck. Did Davis Knocked down. Saw the
blood gushing out of his head he was standing on
his feet. Did not see the negro strike Davis. Saw
Wood rush up after Ballnger had struck the negro
believes that Wood struck him about the head and
shoulders; could not distinctly. Thinks Wood
intoxicated. Does not remember whether Wood
was laughing at the time he first struck the negro.
Wood laughed when he left the negro as he crossed
the street.
Direct Examination Resumed-At the time Wood
struck the negro first, he Wood cursed him and
called him a niger.
JoHy F;TiAMsAY.-States, on 4th July, afternoon,
saw negro on. the south side of Washington street
near Michaes or Enniss grocery, walking up street
Wood met him on the pavement Wood struck him
the nose, and went into the grocery. Negro said
il you want blood come out here. Wood came out
Negro struck at him. Wood then crossed the street
to Harlins. Wood shortly afterwards came out anC
followed the negro down the street Negro had start
ed towards magistrates office IN north west direc
ton, In pursuance of advice given by witness. Saw
the scuale nesf the pump. Heard cries Of skill th,
negro" Saw brick bats thrown. Could tell VIII,
threw them. Did not see Davis and the negro in tn,
fight. Saw Wood 90 70 Gaston's shopa come on
with a club. Did not stick in Woods hand at tn
pump. The seen, of the first attack was east of ant
near the Palmer House in Indianapolis.
Cross-eramined-Was eight or ten steps from tn
negro, about the distance from where he stood t
book case, in Court House, when Wood struck him
Does not think the negro spoke before Wood struck
II might be possible that he spoke, but not likely
Nick Wood came down the street from the east meet
ing the negro. Wood a kind of smile when b
struck the negro, andjumped into the grocery. Hear
the negro say that if Wood wanted blood to com
out and he would have blood for blood. Considere
Wood partially intoxicated. He did not stagger SUI
poses VOID had drank liquor
JAc5B VANpEGRIFT.-States, sitting at Wiley
afctioh room; Saw negro cross the street. Ate
wards Wood and negro fighting at corner
Illinois and Washington streets, northwest CO
ner. Saw Davis throw brick and strike Tucker c
the head. fuckers back was towards Davis. Dav
threw with force, severely, whole brick. Sa
Wood afterwards come into the crowd with club
his hand had large shaved club; sand be won
kill the damned negro. Witness held Wood. Woo
tried to hit witness the head did not hit witnes
Wood then started in direction from the negro. Sc
eral voices exclaimed "kil the negro" Did not 81
Ballinger Davis was three or four PAGES from Il
negro when Davis threw the brick. Saw Wood con
from Gaston's shop with club. Saw Woods broth
and Joseph Levy take hold Of Nicholas Wood.
s-eranined.-Wood stayed three or four mi
utes at Gaston's shop. The negro still remained u
I'll Wood returned. The negro was backing o
from the crowd. Wood somewhat intoxicate
When witness arrived at the pump, where the fig
was going on between Wood and the negro, the n
gro was about getting clear from Wood. WOOD
head and face were bloody; did not see the wound
Woods head. Negro was backing out Wood W
bare headed Did not see negro strike Wood. Wo
said he would kill the negro; assigned no reason
styling so;Wood excited. The fight was 70
or i've feet from she pump The brick a Ina
side partly towards witness. Saw the brick in Davi
hand. Knows the brick by melted lump on
brick. The brick afterwards produced in col
and identified
WILLIAM MARQU1s.-States came up near the CO
mcncenent Of the last ARRAY. Saw Wood come
with stick. Negro had stone or brick in ca
hand. Davis threw brick stone at negro and
him on the head, back part. Negro then threw
stone OF brick bat at Davis and knocked him dow
The ARRAY within 20 30 feet of the pun
When Davis threw at the negro II the sa
place Davis In advance of the crowd. Ca
out Of the crowd and was IN front of it. Davis tlr
twice before the negro threw and hit Davis. Da
bit the negro in the side with brick OF stone.
not hear Davis speak Witness negro al
he was dead. Negro laid upon the side walk and
the lot two OF three hours The negro crossed Fl
near Armstrong; tavern DIR. Hunts Office to
east side Of the street. When witness first saw
Wis throw it the middle Of the street. Ds
hit the negro twice before the negro TIN
and knocked him down.
gro was opposite DIR. Hunts shop. Witness went
IN the west side of Illinois street. The negro