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

-'-s--S- -a--
him; nothing more passed between us; h,
appeared angry.
Mary Newcomer Sworn--Know Dayit
Rose, came into town with him on the day o
Barnum's show, made threats coming int
town. He said there was n lot of Dutch whC
were going to whip the whole Black Swamp
and they had better not, for he could whiI
half dozen himself He said il they were
not very careful he would kill two or three o.
! them by Cd ha would. | was riding in
the same wagon Rose was in, and there wa:
also John Newcomer and some one whom
they called Lewis. 1t took place somewhere
between town and Sweets house.
Cross-exanined-- came from home il
the wagon, Rose got in at Sweets tavern.
! James Francisco sworn-Was in town the
day Barnum's show; saw Rose and Alspacl
both in town. AT the end of the bridge AL
spach and Ryan were met by Rose, who
said shave you got your crowd with you %
Alspach replied that he had got all the crowd
with him he wanted, Rose said he was going
to whip Alspach, who said that he did moi
want anything to do with him; Rose followed
him up as he turned 10 the west. There was
some persons standing near grocery close by
and they said "don't let them fight" Ryan
said to Alspach, "don't Eight with" or some
thing TO that import; Rose then asked Ryan
if he wanted to take itup, Ryan said he did
not want to have any thing to do with him
as they parted, Rose said to Alspach to bring
on his crowd and he would put button hole
through them as he had the material to do it
vii \, &c c,H1 -, I
alone at the time; | think Rose had a melon
in bis hand at the time.
Oliver Francisco Sworn-Was in FIRE.
mont on the day Barnum's show was here,
am not acquainted with Rose, saw him
this side of the bridge; Saw Noah Alspach
and Rose come together once that day neal
where the Giants show was and to the east
a rod or more; Alspach said to Rose that
he should drop all difficulties or fight it out,
don't remember what Rose said to that,
then left; Iheard the discharge ofa pistol
behind me, was standing near the Giants
tent or 10 feet; did not see Alspach or
Rose there or Seaman; don't know there was
any one there whom knew; | saw the man
that was killed some five minutes after the
discharge of the pistol, he was little to the
north west of the giants tent; his horse was
standing still; the man was sitting pretty
straight and man was holding him; don't
know who it was. The man was yet alive
when saw him; had seen the defendant
and Mr.. Alspach together on this side the
bridge that day on the corner; don't know
which spoke first, but Rose said he would
whip him, and Alspach said he did not want
to quarrel with him; Rose next said lie would
whip him, Alspach made the same reply MS
before, Rose then snubbed bis (A's) nose
Alspach still said he did not want to quarrel
with him and Rose still continued to rub his
nose.
Daniel Seaman Sworn-Was in Fremont
on the day Barnum's show was in town, know
the defendant Noah Alspach and VIM. Ryan
Saw prisoner that day, saw him this side OF
the river first in the street; twas on the other
side of the river heard the discharge of the
pistol, l was inside of the canvass at the time,
within half minute from that time the
news was communicated through the assembly
inside Of the canvass by the cry that man
was shot, learned this fact before | left the
canvass also that Rose had fred the pistol
| crept out from under the canvass and let it
fall after me, as let the canvass fall Rose
ran by me and into the door of the tent OH
the east side, saw bis face, it was bloody, |
followed and took hold of him, several others
followed also but did not see Aspach or
Ryan among them, don't know that saw
either of them on that side of the river that
day; saw the wagon in which the man was
shot; passed it as was coming across the
bridge with Rose, it was standing on the
south side of the pike west of the canvass.
Benjamin Brock Sworn--Was in Fremont
about O'Clock on the morning Of the day ol
Barnum's show, saw Rose come in on the
pike on the other side of the bridge, he ap-
peared to be going between run and a
walk and was very much agtated; grea;
number Of people were following after him
At the time heard the report Of the pistol
was going up to the wagon in witch the
man was shot as he was owing me, and | was
close to him; the man had seen me but his
horse was still in motion and was little ives,
of the giants tent. At the discharge of the
pistol, Mr.. Ellwanger recled over to the left
side; the pistol was fired from the south side
of the pike and little south west from the
wagon; think there was man got into the
wagon anu WAS sldnClng up noluinS tne lines
next got in aud stood behind the man and
raised him forward and found the hole where
the ball had entered; l heard 70 other dis
charge of firearms; when the man died he
was standing in front of DR.. Beaugrands Office
Don't know what his name was.
J. g. Wales Sworn-Became acquainted
with the prisoner since the 23d of August
1852, because so from the circumstance which
happened that day; (witness here explained
by plot the place where be first saw him
his testimony was of corroboratiye charac-
ter) The testimony for the Stale here
closed.
Testimony for the Defendant.
James Dougherty Sworn-I was in town
on 23d of August last--was IN my grocery
behind the counter when / heard distur.
bance-ran to the door and saw Rose and
Alspach fighting near Closes grocery, Mr.
Zegler interfered and parted them; Rose
then went down the street. Soon after my
attention was called By very considerable
noise 7 want IN The door and found AlsnacL