Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1846-05-16

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! force used to produce such wound there was
the mark of blow on the left side or temple
lof the head, which think was slight; the
lcane, which was lying on the ground. and
which De l., carried, was common walking
cane; fDe L. had no weapon of any kind; there
was no wound caused by bali; when went
lon the ground Brewer and Galloway Were
Istanding together some thirty feet off. and soon
after went off to town; they rendered no assis.
tance 10 taking care OF De Lassaulx.
Mr.. Lagrace, s,oorn--Says, | found this
knife Zone which was presented at the lane
kiln, near where the murder was comm tied;
Mr.. Richie took the gun from the kiln and
went in soon after a..a found the knife in tho
pocket of coat hanging 10 the kiln; don't
know whose coat it was sls4s = focnd the kinss'
in; don't know that ever Brewer wore such d
coat as that one; think that i, was prunella
cloth; did not know Galloway at that time.
Cross Examined know to whom the
kiln belongs only from hear.say; noticed
new fence in front Of the kiln; believe that all
the ground there is reserved.
Joseph Benoist. saoorn-Says, ! ran down
soon after heard the firing of the gun, and
saw Brewer with knife in his hand; asked
| him 81 for Gods sake who did kill De Las
saulx," Brewer answered. +" did !" think the
knife presented is the same one Brewer bad,
don't know positively; the cane De l.. had
was small yellow walking cane. crooked at
the top; De L. always had his cane in his
hand there was no sword or spear in the cane
and no mounting on it.
Mr. Catlia, s,oorn-Says, was one of the
Justices before whom the examination of
| Brewer was had, and tho knife presented here
is the same as at the examination. Brewer
neither admitted or denied the identity of the
knife. a ~
i Cross Eramiaed-Brewer came TO me and
offered to put himself into custody; Brewer
told ne he had killed De Lassaulx.
Washington Coz, sscorn-Says, had cou-
lversed with Brewer some eight or ten days be-
fore the murder; Brewer asked if my brother
was going 10 burn lime; Brewer said he did
mot care for old Conradi and De Lassaulx, If
they came on the ground he would knock then
down; Brewer said he would have the ground
though De L. had bought il.
Cross Ecamined-'rhe kiln was built by
Brewer and some others, and used last year
lby Brewer; Brewer did not occupy the ground
lonly to come in and out, and what was neces.
lsary for the business Of the kiln; there was
about quarter of an acre of the ground.
TESTIMONY FOR THE DEFENCE.
/
at the time De Lassaulx was killed. some
conversation took place between Brewer and
De L. ia regard TO some rails; Brewer came
Ito the kiln and got gun, and shot a, De L..
and soon after struck him with the gun,
think twice; heard a cry from Thomas or
some one who was running up; saw the
knife in Brewers hands, and ran up: was
about tweo,y steps off; ] think that Brewer
and De L. were about six feet apart at the fir
ling of the gun; Brewer held the gun in half
raised position; heard no conversation between
Brewer and De L.; think De l.. followed
Brewer towards the kiln; when Brewer struck
with the gun. De L had his cane in raised
/ position; the day before De j.. said he was
! soiug 10 put up fence aronnd tho lot, with a
door to go in and out; Brewer said he would
cut il down. and De l.. replied if he did be
would shoot him. and then went away; don't
know who bull, the kiln. only from hearsay;
De L. told me had better get a lease from
him Of the ground and he would fence it in I;
De l.. was some twenty or twenty-five feet
from the kiln when he was killed; thinks
Brewer did all at once as soon as possible;
am not much acquainted with Brewer; have
jus, known him when ! see him for year and
a half, perhaps more.
Cross Eramined-f think the knife present.
ed is the one saw 10 the bosom Of Brewer
that day, before the murder; the gun presented
is the one Brewer had; DE T.. told Brewer
the day before that he would shoot him if he
tore down The fence; De l.. told me also that
The ground was his. he claimed the ground as
he had bought il of Ennor; ] came on the
ground with Galloway and had mol been there
before; never saw the gun a, Galloway's /;
do not know where Brewer stayed the nigh,
| hng Il tba 4 A Nj -.
Brewer was there with my brother; saw the
gun; do not know that il was loaded had
not seen Brewer that morning; stayed about
two miles from the kiln; Galoway's house is
about mile and half from the kiln; did
/, not expect that Brewer would kill De L.. tho
J II expected there would be difficulty: do not
know that Brewer went prepared to Kill De Il;
Brewer did not tell me that he had ChapmaD's
pistol; saw him have il the day before don't
know that Brewer had the knife he said he
was going 10 defend himself with the pistol he
! had think Brewer forbid De L. fencing the
! ground; did not claim the ground in De j.. IS
, presence; Brewer showed De J.. how far be
could fence; think there were some five o: six
rods of fence 10 front Of the kiln ihink there
were some stakes there which Brewer put
, there and he told De l.. he might build fence
up TO them.
Mr. Brightuan, ssc0rn-Ssys, helped 70
build the kiIn 10 company with Brewer and
Nickersoo, near about The 2Oih Of jane; got
7 no leave when we irsl went on; did not sup
, pose any one claimed the ground; VIZ. Coma
J di told me afterwards that he or De l.. claimed
THE loi: bad not finished the kiln vhes we were
; told Of De L IS claimi The ground was not en-
7 closed then; have always understood the
3 ground TO be Oh the reserve; don't know OF
: any lease.
; Crpss ErGmiaed-De Lsssa1lx told me he
3 did not wish any building on sbe ground, and
I gave only fhe privilege Of burning lime. say