Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-02


ed, saw the Wagon very few minutes
after The pisl,l was fred, had only stepped
two or thtee steps, ! mirh; have been in a
straight line or might have been considerably
out of a line lctwtcn the place where the
pistol WIS fred and the Wagon as do uoi
know about that.
Cross examination, gave my watch TO Phil
( hpsShort being determined TO have the fuss
settled Il met Rose. might have said
n,eani 10 havea fight. Edward Powers car.
ried my coal and vest, but did not see him
until the fuss was over. Went over the Riv-
or to have a fght or drop the thing.
Eli Baker sworn-Was in Fremont Aug
23d, 1852. First saw prisoner at Lesher's
| Grocery. lie walked up 10 man and said
Il he laid q band on him he would bore hole
through him. told the man TO strike Rose
and Rose asked me if wanted to take it up
| said did rot told him if he had pis.
tcl, to show il. lie said he bad one and |
would soon end it out. lie then left me and
went down street was over the river the
pistol was shol, and was standing on the pike
less than an hour after left Lesher's groce-
ry | saw no pistol at Leshers. Did not see
prisoner when the pistol was discharged. |
had seen him over the river before tho pistol
was Tired, but had said nothing TO him or he
to me; Noah Alspach was standing with me
when the pistol was discharged; saw the
wagon a couple Of minutes after the pistol
was discharged. the Wagon was moving.
first saw the defendant over the river at the
time When he and Alspach had the talk, and
n no l,o fri A l.,
said ii he would lay away his pistols he would
take fight Cannot say what reply the de.
fendant made. was standing within two or
three steps Of Alspach, Prisoner left Alspach
and went over toward the canvass. Did not
see him again before the pistol was fired. 1t
was but few moments from. that time till |
heard the discharge of The pistol. Alspach
then stood in ;he same place that he did
when Rose left him, The pistol was dis
charged within twelve or fifteen feet Of me !;
saw Rose running aftefward toward the ives.
saw the defendants face, il was bloody. AL
spach stood on the pike when Rose shot;
stood in front Of the wagon when the pistol
was discharged. When the alteration took
place between the parties, they stood within
l 2 or ! 5 feet of the Giants tent, in a north
easterly direction; did not see any person
strike prisoner nor any one follow him when
he fired. Saw him and Noah Alspach have
a fight at Closes grocery, after saw him
at Leshers. Did no. hear him make any
threats and heard nothing about pistol nor
saw any, bu! saw Rose strike Alspach They
were taken apart.
Cross-examined Reside in Sandusky Co.
have known Rose for years past particu-
larly, did not step up to him and draw my
fist, nor did say would skin him from head
TO foot, but did say would skin his face if /
could if he drew his pistol at me. Saw Noah
Alspach pick up a stone as he was on the
river, aud he said he was going to fight Rose.
lie threw it down before he saw Rose
thought | heard Rose halloo "help help
but don't know that it was him.
VIM. Tyler sworn-Saw the prisoner on
the morning Of Barnum's Show on the south
west corner from Kesslers, Just before dinner,
saw Alspach there and saw David Rose walk
up 10 him and tell him to take back what be
had said or he would peel his eye or cut a
bead over his eye Did not see him do any
thing farther; Alspach rather said he would
not take it back, or that he did not say any
thing
Cross-examincd Joseph Orr was by at
the time.
VIM. Orr Sworn-Saw Rose on the 23d
Of August, 1852. down Main street first al
most opposite Orchards new brick building
heard Rose say to Alspach as they were quar-
reling, "come on if you want to fight Cd
d-n you, am ready for you;;" Alspach re-
piled that he did not want to fight Rose
said "you said you could whip me. and now
want you 10 do :" Alspach said he had
never said so, Rose said, you did Cd d-n
you, and | can prove it," Alspach asked him
who told him SO, be answered 10. Orr told
me So Alspaeh still denied it, and under,
took to tell him what he did say, and said
that be had said "he was not afraid of any
man, and he was not" Rose made ready to
fight him. and stepped up and rubbed his
list in Ills face. Alspach said he did not want
10 fight. but wanted him to keep his hands of
him, Rose shook his fist under his nose and
said, I'D d-n you, take back what you
have said or will knock you to hell" AL
spach still denied that be had said anything,
and kept his ground This was between 8
and 10. A. NJ, did not see Rose that day
again unlH alleT the man was SnOL
oss-examined-Di not hear Rose say
tina! he would cut bead over his eye.
Asbury Black Sworn-Know the defend
ant, saw him in town the day Barnum's
show was here, at the Knapp building as
we we're going over the river we had con-
versation. and he asked me if l had seen the
fight; | told him had not. he then told me
he had gwen Noah Alspach a id licking,
or he had given some fellow a id lick.
ing do not remember which
When we got on the bridge, he told me like
this. "that II they did not look out, lie would
be id if he would not kill some of :hem
before night" | told him if he was in difficulty
he had heiter 60 home. He replied that he
would not do it. This was between 70 and
clock; | next saw Rose shortly after l eros
sed the river, near the Giants tent, standing
taking with some one whom l do not know
and the crowd around. There was great
number on that side the river at that time,
and great number passing over there. ]
next saw him near the same place, short
time after saw him before. | stepned IN 10