The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1846-07-16
4 Trial Of Alien Curtis for the Murder
Of Eli Townsend.

l.
Counsel for the Rfosrcution--G. L. H1coIss and
A. CorrrsBErRY, Fbr The Pisonef---B. MEr-
| CALF, J. ]. AcKERMAN and ]. MORRISON
Hsa. o stis. Wood. sas uasta.s BareAatd ,rs,iSsar
| T. d. Wanaslsy ealled--Was reused about
day break BY an alarm in the village tha. man
was murdered. Went 10 Eli Townsend, Q, and
found him weltsring in his blood--hs was not
dead. This took place in the town Of Pendie.
| ton, Putnam county. Witness went with Mr.
! Hamilton to MI. Townsend's house. When wit
| ness entered FIRST, Townsend lay against the
door; we turned him over; the towns people
| gathered in; Townsend was covered with blood
| from head to foot; when witness took hold of him
| tc raise him up, his hand went into the wound
on Townsend's head; it was first supposed that
the wound had been inflicted by hat, ,iron instru-
ment, but on further examination, a pair of
clamps, with fresh blood on the corner, were dis
covered, with which witness supposes the wound
was inflicted. 1t was Townsend's daughter
| that first called witness up; he was in bed when
| first called. Townsend spoke some words after he
was found, but never was rational till his death
| This took place onTuesday, Aug, 26, and he died
| on the Monday following. Townsend, the day
previous, took Horace Curtis, son Of the Prison.
er, with o capias for debt--the money was paid.
| In the evening witness heard words IN the street,
| Townsend, Nelson and Allen Curtis were pres
!. ent Nelson Curtis said something, TO which
4
you have always treated me like genteman,-
| but if you will send Horace out, could stamp
him TO the earth" Allen Curtis then took Town
send away apparently to prevent further diff cul
ty Witness then did not know OF any Of the
Curtises getting any liquor that night, but found
black junk bottle about two thirds full in the
| morning
| Cross-sramined by Mr. Metcalf.-- Townsend
when he made the remark, was in the street.
| Allen Curtis was at the door Of the store Knew
no difficulty between Townsend and the Prison.
| er--the conversation was later Than the middle
of the afternoon. Allen Curtis and Townsend
went away together-the others were not with
them they went in the direction OF Townsend's
1 house. Witness has never seen any thing of
vicious disposition in the Prisoner-hs general
character is that of an inoffensive man; he some
times drinks too much, but never showed quar-
relsome disposition.
Jolt,, Kilion-Saw the old man Townsend af-
ter he was hurt. Saw the old man Curtis and the
old man Townsend entering Townsend's shop
they went as socially as common. In the eve.
ming old Townsend had some dispute with Ho-
race Curtis. Nelson Curtis said he would not
take tina, much off any man. Allen Curtis then
took Townsend by the hand or arm, and went
away with him. Next morning witness asked
Curtis what he had been doing on the pre-
vious evening. The old man (Curtis) said he
was not there after dark; the boys had told him
the old man was hurt; and he had come down to
see him. Townsend said he was cold, and ho had
put quilt over him, and believed him to have
been intoxicated.
| Cross-eranlined.--rhe conversation with Pris-
/ oner was about breakfast time He Looked rs
though he had been drinking through the night,
but was not drunk. Curtis was in tho habit OF
going TO Townsend's TO make shoes, and they
were often together in the way Of nsigbsOrly
| intercourse.
.NIary Iownsend.-Old Mr.. Curtis came TO our
house in the evening. Father fetched him (,he
tPrsoner) into the house and laid him on the bed.
l had not been asleep. could not sleep There
was candle burnng in the house; it was in the
fore part of the night. When Father fetched
Curtis in, and laid him on the bod, Curtis could
not walk alone, but had to be led. Went partly
to sleep, but could not sleep soundy-some
time in the night heard Curtis at the bureau, pull
ling at the drawer, asked him if he wanted to
go out; he said he could go out himself. He did
not GO ont then, or while lay awake. went to
sleep, and did not wake up till morning. My
brother woke me he said somebody was gfonn'
ing i'll the shop. l went to the window oil the
shop, and saw my father lying there and Mr..
Curtis standing beside him; did not go into the
shop but my brother went in az the window
Old Mr. Curtis said he heard he was sick and had
come down to see him. This was about day
break. There was blanket over father. do
moi know when it was taken; it was OIL the bed
Ill inc HOusC w uOt huOW WIN toOh IL. ! Ho
{ house and shop are separate buildings nearly
close together. The door of the shop faces the
side Of the house. Nelson and Major brought
! some liquor in the evening-dd not see old Mr..
Curtis go into the shop in the msrning.
Cross-eranlined.-I 40 not know what time it
5 was when saw Mr.. Curtis in the shop. 1t was
about day break. 1t was light enough to see
things clearly Iweut right over and called Mr.
r Wumsley. My brother is about years old, and
am f3 going on IA years old Ny brother Will
liam walked me up. | heard the groanng in the
house--could not tell father was hurt, TIL Will
, liam went in and put his hand on him and felt
his head. Father lay across the door. When
Curtis came out told him father was sick and
that he should stay as codld not do any thing.
He said he would go away and tell his folks
When saw Curtis first he was sitting over father,
he was not very high then. There was bottle
of liquor there. | do not know whether Curtis
: slept in the house all night did not tell Mr..
, Mcbride that Curtis was innocent as he had baen
, in the house all Fight. Did not tell Cutharine
Curtis So Have not SPOKEN 10 Horace Curtis's
! wife about it, though have heard that she said
| told several stories abou. it, My brother did
not lft any thing in the shop, and did not 60 in
ill went to Wamsey's.
Hiram Day.-Was at Pendleton on the Goth of
, August in the morning. Eli Townsend was in
, sensible, but alive. He lived or days after.
wards. Assisted in examining hishead. Thinks
his death was produced by the blow on the head.
Allen Curtis said he did not know any thing nbou,
it. Curtis said thu: he had been at Townsend's
in bed, and got up towards morning to 60 away
/, that he heard Townsend groaning like drum
ken man, and went to see HIM. Townsend was
cold, and he went and got quilt and covered
Him up. He did not know Townsend was hurt
till the boys told him in the morning. The
wound on the lateral part of the 2arietal bone
! on the right side. Here witness produced the
top of the skull exhibiting the fracture.
Gross eranlined.--Curtis and Townsend were
quite friendly--they were both Shoemakers and
Ifrpnuentv work pd to1nt,er-On fha Dravions