Daily American telegraph., 1852-01-31

I. -
thing about the liquor until called to mind
James Hughes, recalled by Defence no per-
son drink of the liquor had it when boy was
shot, and then flung the bottle away
BY The Court.--Deceased stepped forward as ne
raised the gun, and prisoner caught It, :,
The case was here terminated for the day ana
the jury being put under bailif, to be quar-
tered at Beers's Hotel, the court adjourned until
| 10 o'clock this morning.
| SECOND DAY-JANUARY 80
| j. W. Atchison, sworn.-Saw the party passing
through my field; heard voice saying Let me
alone p it was apparently the voice of boy;
went towards them; the boy shot had gun
breech upwards as though trying to keep some
body off; Wells was reaching after the gun; he
secured it, struck at the boy, stepped back, and
shot Mundel exclaimed, 'Don't shoot" Another
| boy was striking at Wells at the time. Went up;
| told Wells You scoundrel, see, you have shot a
boy" Wells replied he had shot him, but ''didn't
care d-n if he had" Was told Of it again,
when he (Wells) said he didn't care d-n;
they might shoot him, hang him, or do what they
| d--n please;" he also said he was sorry for it,
and went to the boy who was shot, and asked
him if he could save him, or do anything for him.
Saw Heating there; he was about forty or
| fifty yards from the place where the boy was
shot. Witness was some hundred and seven
| teen or twenty strides distant Distinctly heard
the boy halloo There was boy behind deceased
when he was shot. Wells stepped back after
striking at deceased; he was too close to shoot
him when first striking.
BIZ Detence.-Distinctly saw muzzle of the gun
beyond the boys body when Wells first struck at
him. Wells flung the gun down when he shot,
4 stepped back, and appeared to be in great pas
| sion; he did not attempt to get off. Can't say
which of the boys it was who said, Let me
llone;" deceased at that time had his gun up;
can't say whether he was striking with the gun
| at prisoner After second voice, distinctly heard
aundel cry out to prisoner to let him alone.
/ The throwing at prisoner, the raising the gun,
and the shooting were done almost at same mo-
ment of time. Thinks the stone thrown at Wells
was not with much force; this opinion formed
| from supposing the boy to have slipped in the
mud when throwing; the impression was from
seeing footprints afterwards. Boy Hoeke was
advancing upon Wells when he (Wels) was step
| ping towards Mundel Could not say, positively,
whether he had said, before the coroner, deceased
/ struck at prisoner with the butt Of the gun;
might have said SO. Did not say before coroner
that deceased stepped forward to strike prisoner;
said Mundel made but one attempt to strike.
After prisoner examined the boy, when shot, said
| he was sorry, and asked the boy if he could do
anything for him; he had not examined the body
when he said he didn't care a d--n about hav-
ing shot. Prisoner, in leaving the place where
| the boy was shot, said that he did not know that
Che gun was loaded; that he would sooner have
the shot in himself; and that he was friend Of
the deceased. Believes they had been drinking
smelt liquor.
| BIZ the Prosecution When the prisoner ex-
claimed he didn't care for having shot the boy,
blood was running from the side Of the deceased.
Jacob Harshman, soorn-First saw Mundel-
gun was raised-striking once or twice. Prisoner
| fba hxf ba CTR at
stepped back, and shot at him. Witness was
about hundred and twenty PAGES off. Saw boy
| fall when the gun was fired. Prisoner threw gun
down after shooting. Witness went up; prisoner
said didn't care a d-n; they might hang or shoot
| him. Prisoner walked short distance sat down,
and asked somebody to shoot him; he then went
| to boy, and said, Sam, can save your
BIZ Deteace.-Was near Atchison when it hap
pened. Hughes, Wells, and deceased were the
| only persons present when witness went up to
| them. Mundel was in line nearly between wit
ness and deceased when the gun was fred. The
gun passed the prisoner when struck at. All wit
] ness saw Wells do was catching at the gun didn't
see him jumping forward.
i Robert TAYLOR, sworn.-Heard Wells say he had
| shot him, and would do it again if put before
| him. and wished it was the father, instead of the
son. This was some half hour after the boy was
shot this was in town, at Mr.. Buckley's. Don't
think Mr.. b. was there.
BIZ Defence-I am fifteen years old went to
Buckley's because heard Of Sans being killed.
The dead body was other side Of the bridge
Can't say whether prisoner is the same man or
not who said he had shot him, &c. Could not
recognise prisoner; didn't see prisoners face
when using language stated-he was seated with
hands to his face There was no other person
near to hear the expressions. Kept the words in
mind because l liked the boy; no companion
but knew him we'll Prisoner was sitting under
| Mr.. Buckley's porch when he used these words
By the COurt.-Can't say who the man was
that used this language. Don't know prisoner
| Joseph NundeL stcoTn.-Father Of deceased; son
was fourteen years of age when killed he was
small for his age. Didn't see the party when go
ing off. About four o'clock in the afternoon
i Wells came to barracks; asked to take his gun !;
told him couldn't permit him. | am sergeant
in the barracks.
BIZ Defence Thinks Wells had been drinking
when he came for the gun. He came again, and
asked for gun, the private property of man
named Foy. | refused to let him have it.
! Or. Wilson, sscoyn.-The wound of boy was in
the left lower side Of the neck; collar-bone frac
| tured wound about two or three inches in diam
eter. FIRST saw boy on the ground, soon after
the accident. There were leaden shot in the
wound, with fragments of wadding. Awound Of
the kind necessarily causes death-scarcely leaves
time to make an explanation afterwards.
By Defmce.--Was riding near when the affair
happened; when arrived Wells was sitting
stone; some person pointed him out when Wells
said, Eyes, | shot him; / didn't think the gun
was loaded; | wish somebody would shoot mo-"
Witness suggested removing the body to the bar
racks, when Wells said, Eyes want to go"
and he followed along with the party; he made
no attempt to escape.
James Hughes, recalled By Prosecution-Was at
Buckey's at about an hour and half after dark !;
prisoner was there; didn't see boy Taylor; pris-
oner was sitting outside tho house. nehr the door,