Litchfield enquirer., 1845-07-17

ys illinois, ana Dr. Marshall, which resulted Tn the death of the latter. Mir. Deming. being son of one of our own citizens, and himself, until ten twelve years since, justly esteemed resident of Litchfeld, much interest is felt to learn the facts in relation to this unhappy affair. correspon-- dent of the New York Tribune, (who is evidently no friend of Deming,) writes as follows, from Car thage, where the afffay occurred, under day of June 27th. After saying that the trials growing out of the death of Joe Smith and Hiram Smith, had resulted in an Anti-Mormon triumph, thi, write: says: 7 .h.a
 l "A most melancholy occurrence took place, I however on the first day of Court, which has cast a shade of gloom over the whole county. Dr. Sam uel Marshall, one of the old citizens, for several years Clerk of the County Commissioners Court,- man of fine talents, and most estlmabe citizen,, was killed in personal rencontre, by Sheriff Dem- ing. Some trifling difficulty, arising out of an TOT in the sale of some lands for taxes which had been bid off by Dr. M, and which error the Sher- if had neglected to correct, when requested was i the cause of this most unhappy affair. Harsh words were used, and struggle commenced when | the sheriff drew pistol, and shot the doctor im | the abdomen. He expired in about fifteen min- utes. The doctor had no arms about his person. l and it is thought by many that he was merely in- tending to ward off the blows of his adversary and it is quite possible that Mr. D. would not have HTeu, Ddu nc nor mISdppTenenQeQ me OOctOrS movements The Sheriff was immediately taken into custody-a Grand Jury was summoned by the coroner, and two indictments have been found against him-one for murder, the other for man. SlGughteT Whether he will be tried at this term, am unable to say"
 Letters received here by the friends of Mn. 1 Deming, state, that he acted merely in self de- fence; that he was assaulted by Dr. M., who at- tempted to throttle him, SIc. From our knowT- l edge of the character of Mir. Deming, we should l place the most implicit confidence in his state ments and if he has fair and impartial trial, do ! not believe that verdict can be obtained against him. Nevertheless, his parents and other friends, will wait with much anxiety, the result of his | trial. .s r.s
 P. S Since the above was in type we have re- ceiyed the Illinois State Journal, published at Springfield, and copy therefrom the following let ter which details the particulars of the afray, and
 is said to be from gentleman of excellent charac-- l ter:- ,,--..
 | CARTHAGE, June goth, 1s45. | yMessrs. Editors :-The recent unhappy difficulty between Gen Deming, sheriff of Hancock county, and Dr. Marshall, and which resulted in the death of the latter, has given rise to many different rumors, that venture to give you an outline o: the material facts, that have been elicited before the CouEt, diiu WHICH trust can QO Wltn CaDQ0r as am not resident of this ill fated county, and par take not of its local animosties. Too much eau ton cannot be used by the press in of this kind, to avoid every thing that can effect the cool | and impartial investigation and decision of our courts. r. .,
 It seems that the sheriff had sold tract of land in the early part of June, for taxes. Dr. Marshall had purchased it. The owner of the land had paid the taxes and had the receipt of the deputy sheriff. but with description so different from that under which ii had been sold, to raise the question of their identity. Dr. Marshall demanded that the sheriff instantly enter the records of the clerk the error of the sale, when the sheriff replied. that he believed the land sold in error, but begged the Dr. would wait a noment-that he had sent for his books-that they would be there in moment, and that he would ascertain the and correct the error. The Dr. became greatly enraged, and used the most insulting and abusive language to the sheriff, who replied to him, ' Dr. don, get into furry, or why this furry, ," The Dr. upon this, gave signs of violence, whereupon the sheriff withdrew several steps, saying, "D Doct., dont ycu assault me- and leaned his umbrella against ta- ble. While strengthening himself from this last act, the Dr. sprang upon him with great fury and seized him by the collar, and the throat. It was, however, testified by two or three ot the wit nesses the part of the prosecution thai the sher
 if advanced towards the Dr. and seized him by the collar at the time of the assault. But this was tproved to the contrary by other witnesses and | ry circumstance Is against it. The Doctor was a MdH oi uucOlHWOu pnysiCdl pOWeTS lHe SDcrlI was forced back across the room, rhe Dr. still re- taining his grasp, and the sheriff. with his left hand raised, as if to keep him off, and his right hand resting or near his hips. He was thus forced, first, against cheek of the door and then through 1t. The Dr. meantime pressing on the sheriff with both hands clenched in his collar, and the sherifs left arm extended and holding to the Doctors arm, when the sheriff discharged pistol at the Doctor, who instantly relinquished his grasp and sa,d "I am dead mans
 The sheriff at once gave up his pistol, (Alien's pat. six shooter.) and surrendered himself to the coroner who was there. He immediately put under guard in of the offices of the court house.
 There were ten or fifteen persons present in the clerks office at the time of the occurrence, and many about the court house collected to attend the trial of those indicted for the murder of Hiram Smith. great majority of those were the bitter enemies of the sherf:-occasioned by his strict ad- herence to the principles of law and order. Dr. Marshall died in half an hour coroner's inquest was held on his body.
 The sheriff then requested the court to order the summoning of a grand jury, which was done, and on the next day, bill was found against him for murder.
 There was general impression that it was de- termined to murder the sheriff that night The guard placed over him by the coroner treated him with the utmost severity. The first night they tried to deain him in the court house, contrary to the order of the court. He was denied the privi- lege of seeing his wife and family, or of speaking to friend his counsel, except under the nspec- tion and hearing of the guard He was not per.