Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1848-11-10

menced in Mineral Point, before his honor Judge
NJ. NJ JACKSON VIM. r. Smith, Prosecuting
Attorney, and NJ. NJ Cothren, Esq. on the part of
5 the People and NJ. NJ. Strong and S. Crawford
Esqs. for the Defendant s
After three days spent, the following Jury was
empanelled
! Elida Pierpont, VIM B. Kelly,
/ VIM Bartholomew, Alonzo Stephens,
/ Levi Bates, Patrick ODwid,
John B Powell Hamilton Stanley,
Robert Dyer, Abner Cline,
Eleazer Smith, Ephraim Hough.
The cause was opened on Saturday morning last
| by WA. r. SMITH, Esq. Prosecuting Attorney, Oh
the part of the People in few lucid remarks TO
the Jury explanatory of the nature of the charge
against the prisoner, as well of the testimony
| about 10 be introduced.
On the part of the defence, MosH. NJ SrRoSs,
Esq, addressed the Jury in clear and forcibls
manner, in which he pointed out very plainly the
importance of the decision they would be called
upon to make and their duty in administering
Justice not only to the people, but also to the ac
cused.
The Court then adjourned until O'Clock, P NJ
| Court was again called at the appointed hour,
and after the calling of the Jury proceeded TO Shs
examinatiod of Witnesses the part OF the pros
ecuton.
.7basr Nichols: sworn--Said he was acquainted
with the prisoner at the bar; that on the 18th oil
July, ls47, prisoner took supper at witness
house. After supper witness lay down on settee,
| and went to sleeD. In the course of the evening
he awoke, got up and went OUT saw some ems
across the street at the door OF VIM. TerTlls gro
Gerry Odell (being the person he saw came
across the street to him, called on witness TO go
with him to Terrills; said there was an lmposte1
there: did not go returned into the house. Short
" after which witness heard knocking at the
door and Odell calling upon him; opened the
door: Odell said he had cut man and feared he
had killed him, and called Tor pistol; witness
told hun he had none prisoner then asked tor a
horse; witness did not let him have one; but told
prisoner to go to bed, and lighted him part way,
Witness then went TO bed thinking the disturbances
proceeded from some boys; was soon called up;
went over to Terrills, and found Lean dead; then
looked for prisoner; found he had not gone to bed;
did not find him; found prisoners hat next morn
ing near witness stable, where he (prlsoner) hac
Jumped down the bank. Prisoner did not tell him
who the imposter was at any time. Prisoner
wished for pistols to defend himself. Lean was
wounded in his side and thigh. Thinks when he
left prisoner to go to bed, prisoner went out the
back door of the house. From the time Odell
said he had cut man, TO the time witness went
to Terrilis was but few minutes. On the night
of the 5th, Capt. Whitmore came to witness, told
him Odell was at the court house and wanted wit
ness to lock him up for fear of mob, which no
did in the jail Witness was then acting as Jailof
of Iowa county found prisoner, when he went 10
lock him up, in a lower room in the court house;
asked him where he had BEEN was answered
"above the lirne-kiln (about onefourth of a Hlls
from town) in the hazle bushes" Thinks prisoner
asked the feelings of the people; he wanted to be
locked up before any knew il for fear Of beng
killed.
Crosseromined. When Odell called witness sec
ond time he told witness fellow had struck him
over at Terrills that he had cut him and feared
he had killed him. Does not recollect that prlso-
ner said there was man there who called himself
Gen Taylor; witness thought prisoner might
have come across man who had represented Inn
self as Spanish General Prisoner was drunk OF
high at the time, and appeared, when ne came the
second time somewhat excited; cannot tell vine
ther with fear or anger; manifested a disposition
to get away; wanted a horse. Witness was e1-
amined before a magistrate on the 18th; thinks
his recollection of the circumstances better then
than now; thinks prisoner did not appear mad
great deal of excitement at the time. Did not
see the wounds on the night OF the 18th; heard
no difficulty saw no one but prisoner on first go-
ing out does not recollect that prisoner com.
planned of being hurt at any time; thinks he did
not manifest hard feelings towards Lean.
In answer to questions from NJ. M. Cothren.
Esq.-Witness said prisoner was not SO drunk an
not to know what he was about; did not see him
stagger; thinks prisoner might have said some
thing about the irnposter being man who said
] he had been in Mexico.
| Samuel TerriH sworn-Said he knew the priso-
ner. Between 10 and IL o'clock on the night of
the 18th of July, 1S47, Thomas Render, Joseph
Lean and the prisoner left the grocery at the same
| time heard fuss, went to the door, saw scuf-
fe. heard Lean cry murder, prisoner went towards
j Col. Nichols and Lean towards the grocery; wit
ness took hold of Lean to help him into the house;
Lean said "he has killed me-" after which ne ian-
ted and said no more. Lean and Render had Deen
in the grocery one and half or two hours heard
talk about Lake Superior, Lean had recently re-
turned from there Lean and Render did most Of
the talking. has known prisoner some IL months
but not intimately acquainted with him. prisoner
took one drink prisoner sat down near Lean at
/ one time; no one in the grocery when they LETT.
Render and Lean drank just before they left pris-
oner did not, had drank before. Render left first,
!. Odel last the door of the grocery was open
when witness heard the noise IN the streets; they
/ were three or four yards from the door the night