The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1845-04-25


act Of striking again when he was fred a, and Kill
led by the prisoner, from the inside of the cabin
ihro' the window Mcneil was breaking. The
door was then instantly forced and the prisoner
taken as he was led out Of the door he was
Knocked down hy blow with large stick from
one OF the outside party. He was secured aud
taken to town to the magistrates office. On the
way he was told he had done very wrong; that
no had sho, two Of his ncghbors. He replied
that he bad done 40 more than lac intended tina,
they should have KEEP, away from his house.
I, was also in proof that it was from to
hours from the first arrival a, his cabin to the f.
ting party aui,rd the clay was picked cut from
between the chukIng so as to open small hole
ihro' which by putting the face close to the wall
a man could see thro' with one eye at time
Two witnesses looking in at this point, before
any other violence was offered besides that on
the door, saw a man in his shr-slcaves which
they took 10 be the prisoner but could not swear
positively.
|
an hour before the anesling party arrived, the
prisoner made his son Charles load his gum and
having taken his supper and having been in H.
quor that afternoon, went to bed and soon fell
into deep sleep, leaving the family, consisting Of
his wife, his son Charles, and six younger chill
drcn up about the fire, and ignorant that the faith
er was charged Of shooting lIaymoud; that
Charles hearing a wagon pasg went TO the door,
and heard some one in the wagon say "Sec
there there he is no,U!" At the same time
Charles saw a cluster Of men conversing in
group abor, 20 rods from the cabin, towards
Georgetown. Feeling some apprehension, be
shu. the door aud fastened it with nail. When
admitoncc was demanded by the outside party.
he attempted to wake his father but without sue.
cess. When the door was broken open he shut
i. and made it fast and when the roof of the
cabin was attacked and the straw rushed down
the chimney, he ran 10 his father, jerked him yo-
lentiy md walked him, and then Charles went TO
his boots and vest, seized his gun which lay on
The bed and fired thro' the window al which Nc.
Neil was shot. While the prisoner was dressing
the cabin was full Of smoke and some name; the
windows broken in, and thro' one of the windows
framing malot was thrown from the outside,
which wounded little daughter of the prisoner
on the forehead aud ,hro' another piece of
scantng was ,hrus, very near to where the priso.
| ,ptf, s,t,. 4
screaming n great confusion and alarm when the
gun was fred, and that the noise outside was
very iumultuous.
II was also proved on the part Of the defence,
that, for three years before the prisoner had been
threatened by many Of the neighbors with lyn-
ching that the threats had been told to him, and
that no had lived in state of apprehension Of be.
ing mobbed, and by some of the men who sur
rounded his house that night. 1t was also prov
ed, that after he was taken that night, they thrca
tened to hang him on the spot, others proposed to
take him TO the grove to hang him, and others to
shoot him, and it was with difficulty that Boyd
protected him from violence on his way to the
justice.
II was also proved Of Boyd, who held The war
rant as constable, that the time for which he was
elected cxpiredin August lSl3; that his successor
had qualified; and tina, Boyd had taken no nc,y
business sacc then, and had often refused to do so
On tho part of the People it was then proved
that, in 1889, McNiel and the prisoner, had law
suit and quarrel and clinch at the tavern, and
Immediately after the clinch Rider sworc he
would have vengeance IF McNcl.
The testimony for the defence began on Friday
morning, aud closed at half past 3, Pm.
The argument was opened by Mr.. Day, in a
a speech Of q hours. Ito was followed by Mr..
Cook who addressed the jury near two hours,
when the court adj ourned.
On Saturday morning at 0 o'clock Mr.. Dickcy
commenced his remarks and spoke hours and
10 minutes; and Mr.. Ridley closed the argum n,
in a speech of abou, two hours.
The jury were out abou, seven hours, and re.
turned a verdict Of NOT GUILTY.
The points insisted upon by the defence were
That, laying out Of view all lawful authority to
arrest the prisoner his house was assaiIcd in such
manner that he was justified in killing the as.
snilants.
That, before the killing. which would thus
stand justified, could DO made out criminal
Tbs prosecution must show that Boyd was an,
acting constable at the time;
That the assailants were acting ia obedience to |
The officer, and attempting, in lawful manner To
arrest the prisoner:
And that the prisoner must have k,ocn that
l.., II. I. 4
acting by authority Of law.
To conclude this abstract, without the rcmotos,
design to make invidious distinctions in reference
to the legal gentlemen engaged in this suit-for
all, wcnrc persuaded did their luly-wc yet can.
no. forbcar to notice. in justice to Mr.. DlcKrr,
the complete unanimiy with which tho many
who were present at this trial bear witness TO the