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

which some dispute arose, bat no angry words /
Witness was most OF the time him ELF tai King
with TerFill recollects hearing Clell ask Lea.
who witness was to which Lem replied he wa
Gen Taylor. When they let the grocery. wiz
ness let first. was followed by Lean and Cdcll
after he had got short distance tIom tie door he
heard words between Oden and Lem, which /,
did moi ung ersaid. except tie y orc 'd.nin from
0dell; witness told Lean TO come on and not talA
with him after vi ness had pass ed short dis
talce round The corner lie heard Lean cry mur-
der; witness went on, got Leans bro,Ler and
went back and found Lead dead Witness did no
1aow Odell at the time; tie grocery from
one and half to two hours. I he night was not
very dark; did not see Odel hive knife at any
ne; did not think Cdell was drunk. saw HIM
drink no,kins Witness was just outside OF the
door when Lem started out; trom Tie tine he
.oid Lean 10 come on was w ) or three nnu IS
be-ore he heard the cry of murder; thought o; no
liliculty andpaid no attention.
Gro sscaniiaeI-Witness THINKS he feels no an
mostly towards prisoner; THINKS if guilty lie
| s4ould be hung. THE witness was asked If he
thought prisoner guilty. He did not like to an
swer the question. but after seme remarks from
Counsel, lie was directed to answer and sad he
| thought he was,l Witness and Lean drank two
glasses of beer during the evening Lem ASKED
Odell il he did not think witness was Gen. Tay-
lor. odeil asked witness some questions about
Mexico did not contradict being Gen Taylor.
but let it pass off as JOKE all the versat Ola
wilhelm the house was IN good nature; tie ord
damn was used just as Odell came out OF the gro
y door; Will not swear that il Odeil u ed
Joseph 1hoDiGs, sworn. avs that on the ni..hI
1 Lean was killed he went into Terrlll gIoce
ibout CLOCK; While N nyersation with Re-
der and Terrlll, Odell came up 10 the bar, hele
| h,plseI, Lean, Render and TerriIl wee stand n,
ana called Tor liquor; Terr.ll Reused HIM, sad lie
/ had got enough; Lean remarked that lie pain ca
that man eyes pretty Tor h.m once Odeli said
| not exac ly, don think you did Lean repl.eh
ne would be damned ii he dldn q witness tlen
went up TO bed Alter ne had got partly und1es.-
a.at to II o win.
dow, heard the cry Of murder, put his pans
and went Down saw Terrin holding Lean al d
me blood running from his thigh; Lem e.<-
pire AT the time Lean said he had panied Odcll
eyes Lean smiled, OdelllooAed angry; saw knc
in Odell hands at the time, didn't notice that D.
dell was intoxicated; kn4e III a brass
Sheath about Lean when taking off his cothes--
he stream OF blood appeared nearly as large a.
his arm. Lean did not speak alter wines cane
| down stairs
Cross-eranined-Not well enough acquainted
with prisoner TO tell whether he was dr, n O.
not; none of them appeared drunk. IhlnAs lc
was cutting tobacco with his klie
IFm a. Thom1s sworn The testimony o
this Witness respecting the transaction was the
same as that OF Dqct. Ross. Witness went 10
| see Odell after he was confined in III. asked h NJ
/ Why he stopped so near town; Cdeil sa d. because
he was satisfied lie could not get three miles Wi L.
out beng cyertaken that people would pass hini
/ thinking he mad gone or; said to CGeil that he
! thought he ought to have been man enough for
| Lem without using knife; Odell replied that
Lean aggravated him very much.
| (Soyeral witnesses were here introduced whose
testimony had little or no bearing uroa tie case
and from the crowded state OF our columns we
are obliged TO omit it.
ephen lean sUlon-cays he was called uron
TO go to the Court House on the morn ne a ter
O ell was confined; his attention was ell cd to
the room where Odell was. before he was put ir o
the cell; he went there and found knife wi
blood on it, which he delivered the Col. N.chcls
and which was the knife then N Court.
Thomas DGrey sNorn--( Is shown the knife IN
Court Jays lie or his clerk sod that. kn e OF
one ike ii TO Odell, not more than two weeks be-
fore Lean killed Witness saw Odell on the
evening of the murder, and thinks he was sorac-
what intoxicated
The testimony on the part of the State being
closed, the defence proceeded. 4
The testimony on the part of the defence reat-
ed only 10 the cred .blity of part of the wines
ses for the prosecution and the probab lily of there
having been a quarrel betw een Lean and Odell in
the street before Lean was killed
HIM. T. Henry was introduced Che being the
person who took down the testimony ie.ole the
examining Justicek) and stated that the testimony
on that examination was taken down with great
care, and read to the witnesses before signing
The testimony OF samuel Terrill, homas Render
and Owen McGaryey, on that occasion miro
duced, and in some particulars was d.fei ent from
that given now.
The testimony being closed. the was ar
gued very ably by the Counsel on bo.h sides, after
which, the Judge gave the Jury their charge. and
they re;red to ma 1e up iEer Nesd.ct.
The next morning the jury beng called cave
the following verdict:
We ahe Jury .ftd he prisoner, Dovid 2. CGeU,
not se Jrof murder, b1t glsl Of n er
/ ne jury were unanimous IN signing petition |
recommending the prisoner to the mercy OF lie
Court.
Judge Jackson, after few very appropriate re- !
MARKS TO the prisoner pronounced the sen.ance