Indiana State sentinel., 1849-11-22

I whether eIiTaT
deceased defendant leave the church. Was ia bed in
Rays tavern when the fight took place.
Cross-ezamined-Thinks if IL Phillips in the
church-he sitting in the ID tier Of seats. Young
was farther Don't recollect Of seeing Young going
o5t Heard Phillips say il Young ever drawed a knife
on him, he would Kill him if he could.
The Court adjourned.
| SATURDAY Nov. 10.
J. NJ Sharpe.-Was present the night Of the murder,
after crowd had collected and light brought Commenced
opening the clothes Of deceased. Made a physi-
clan. Opened bis and shirt bO>om-his open
Mr. Rays son holding his head when got there. Saw
no one touch him before myself The wound the
left side. Deceased had uudeTshirt Don't know who
went for physician One came in very short Tine Saw
nothing which occurred previously Was not on the street
till heard in The house that killed Did not
any weapons on deceased.
Cross sEramiaed-BishOps came in TO Garner's where
was. and said man had been killed on the street.
Here follows the testimony of the physicians Doctors
Gall MOtherhead, Ramsey and Hunt which being from
ally show Phillips died of the wound re-
cevsd That possible for deceased have received
the fatal blow in either The positions described by
Ray. in their testimony. DR.. Mofheheads testimony how
embraced rather He testified in reply ques-
tons as 10 the particular position OF the deceased every
position assumed by the Witnesses and h0to the fatal
blow might have been given in either. He also ques
toned and testified that examining his books he found
that he had ved deceased daily for eight days. the
Thursday preceding his death That he had complaint of
the lungs. That when he found the Thursday
preceding his DEATH he convaescent very weak
Sci
O. III p. BY. called AMI sworn. Was acquainted with
deceased aad defendant On about three weeks before
the MURDER was sitting box Mansurs
Defendant also there While there deceased approach
ed and passed Young (def arose. apparently under
had passed, remarked II Phillips eueT jumps on me- pH
cut his blamed met out Knows nothing further or of any
i'll feeling existing between the parties
James r. Kitleman-was acquainted with deceased and
defendant Don't distinctly IecOect Of any threats bot
thinks he heard Young that deceased jumped on
him, he (def would help himself only from hear
say that ieud existed between them
Cross ezamined = Deceased the lsrgest-w weighed
probably l55 100 bs-was stout and muscular Thinks
defendant weighed about 1913 lbs. He lightly made. In
ordinary health, deceased would weigh 80 lbs.
than defendant Never heard deceased make any threats
John w. Kilenaan.-Was acquainted with deceased and
defendant Did know Of any feud between them. Heard
no Threats of one against the other.
Wm. w. Kittlenan-Was acquainted with deceased and
defendant Has heard threats made by defendant against
deceased Heard him that he mould lay his
hand an the Of Phillips but If he Phillips, should
cross him, defi he (deft cOtd ruin him [Phlip) with
knife" This might have been three four weeks preyi
Cross s-e1amned-Hesrd Phillips say that .1 Young hit
him. he ,coufd hit another man." Thinks
week before deceased killed. that he made the expires
sion.
Dfrect.-Never told Young what Phillips had said.
james X KaOwIand-hnew ihe paTiIes. Never head
eiheI threaten the other
Mrs Frances PaipS-The health Of Israel was bad and
he had been confined his for weeks
days Was abe to be out of the house thee days
Had been up the house four FIVE days. Disease
the fever, the doctor said The difference Of his health
was great deal Deceased great deal weaker and
reduced 10 flesh much. Could hardly tell how much he
was reduced in tceighf.
Milton SugrOre-First strike another with
fighting. Head board fall Saw running towards
BrowniDg' Saw him fall He fell about the middle Of the
sueet. Saw man running after him. Witness TUNED
away The following the who fell was witness
described II feet from deceased when FELL The
man fell his hands and knees and TUNED away Saw
only running towards the who fell. Did
the beginning Of the aay Wines the north side
of the street near TslbOus Jewey store. When l
them, looked towards the souIheIIy side Of the street
Looked southwest direction as described by points
named to witness The man chasing then near the
one who fell. When witness went up to where deceased
hadfa there he
first the fight. there but TWO. Witness turned,
and looking back the Till he fell Did
any person him when he st fell The person who
approached The fallen running direct towards Phil
lips. When FIRST the difficulty, approaching
them my way. p fell with has head towards Brownings
tavern dsgOnaly across Knows Bishop Didn't see him
till he crossed the sueet First the start
frm about the lamp post at Dake's towards BrOwnings.
The who followed in the direction Dad
see the who followed 10 know him afterwards
The testimony for the prosecution here closed and The
Court adjourned till Monday morning. 9 o'clock.
MONDAY MoRsINe.
WITNESSES DEFENCE.
John Bsh0pl Called 10 make general slatenent) Saw
ceased IL the 18th OF March last, about nine
O'Clock, P. M. The night was very dark. Witness had
been Mr.. Gamers bottle Of Cronks beer which
his little son had come after for his mo her, When he OBJ
tanned ill., he gave il 10 Lewis bis boy, and followed him out
Lewis put the bottle n his pockets but witness told him
take it out, he might fall and break it, Witness, mar-
shall Of The city, stood the listening
there any noise abroad. Head nohng Just
shortly heard some one remark You ,pili ,rH you 90
Supposed at the moment that il buys playing On
ing his attention in the direction u the sound Of
them step out and gather up board Suppose the boasd
present to be the from its appearance This board
sues fee. inches in length, inches in width,
aud inch thick. II is pine The person who
caught the board returned east towards the Other and
commenced striking, and the other retreated WIFI
jumped between them, aud said hold on" Witness
grabbed Young by the breast and attempted 10 grab de-
ceased Not getting good hold deceased TUNED suddenly
escaped Ia Witness called after on
as he would him any how" Ia following after de-
ceased Young being still in witnesss grasp observed The
knife Witness Immediately seized Young by the aud
took the knife from him On approaching deceased who had
fallen, he decd) said, Bishop, he has killed me-" Witness
Replied My God Phillips tchere did he cut you P The
only and person about deceased after he fell the
second iime Sas Shoemaker Witness called for
docto remarked " who killed him :" Witness
replied No matter, have the man, When witness win
Young approached deceased Young remarked that II had
not killed him. he tcculd hdre killed me" This snswe
brought by queslioE which will suggest itself,
ruled by Court legitimate evidence, inasmuch
any assertion made after the decease could not be adm
sble Some Arguments were made by defendants couuei
but The Court adhered its decision. We have not time to
give this part Of the subject full report The clothing
Of Mr.. Hall then adj ned the Drake house Witness
thinks the spout, f which the board taken,
FIetcher's Halls stores Deceased first
got the board and then commenced striking Thought first
that II boys in play They were the lime 40 iesteast
Of where stood The night daik Here witness
scrited the Of sirikng-b ngng the beard with
bo h hands front Of his face, little side. The
got the board turned steps stopped and
picked the board saw him sioop and take II up, be-
cause the light shone on his back when he did So Tie
had not the toard held his hands and backed II
Young who backed-backed about 80 feet before got be-
tween them When got between them, they near
lamp post The lamp post stood Of post about
| - feet. Garners where first Stood west grabbed
Young the aud endeavoed grab deceased Could
over and e,keS away When he commenced ,unning
hold Had Young fast by the bIeast then Grab
Phillips after bad Young Before Phillips got away.
Young sad, Catch him, Bishop, he Is trying 10 Kill me-"
The expression made before Phillips dropped the board
was struck on the elbow with the board when got be-
tween them endeavorng TO fend of the iicks Young
-