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

, spacb. They got him down on the soull
side Of the ditch; about this time heard
Z man was killed; some one cried out kill hin
cd d-n him, kill him"
: John Hunt Sworn-I was in town the da,
of Barnum's show last year Saw Mr.. Rose
before Lesher's grocery, himself and some
other person was talking together when
came up; this was outside the grocery The
; first beard was a man dared Rose 10 pull
out his pistol, to which Rose replied, to strike
him il he dared or had mind TO- The same
man drew his fist, Rose went away first and
just after the talk ended.
Cross xamined--Several men urged this
man to strike Rose and TO follow him up and
knock him down; Did not hear Rose say any
thing about his pistol
Charles Drumheller Sworn-Was in town
23d day of August last; saw David Rose in
the door OF Leshers grocery. He said to me
"Charley IT is your treat to the cigars" re-
piled that would, and went in together with
Rose and called for them. We each took a
cigar and as we were lighting them, some
Irish came in and asked Rose is he was the
man who had the fuss with lot of Irish
Rose said cd d-n you don't come in here
and accuse me of having fuss with Irish"
Rose shook his fist at the Irish and said, il
they wanted any thing of him they should
Jump on. BY this time Lesher ordered them
all out of doors, and We all went out. Eli
Baker stood on the steps and said as we went
out, "he never killed nobody" l think Rose
then told him to mind his own business; |
think that Baker then stepped down and told
Rose TO hand out his pistols Baker then
stepped up within step or two, and drew
his fist, and again said d-n you, hand cat
your pistols Rose stepped back and told
Baker to keep his hands off; then walked
away and came over on this side of the street.
VIM. Ryan was there, and | think had club.
Heard nothing about making button holes.-
Last saw him at the hardware store.
John Drumheller Sworn-Saw Rose and
Aspach on the day of Barnum's show, on the
other side Of the river. A. told him if he
laid aside his pistols and dirk they would
lfghtit out r. told him that he had whipped
him once and that was enough, that he should
go away and let him alone. VIM. Kuntz
then stepped up to A. and Rose went toward
the bridge. went up to him; we had been
standing there but a few moments when Jno.
McGraw and several others came up; Nc
Graw demanded his pistols and SAID, "give
them up, d-n you, give them up" After
repeating the demand he struck him on the
side of his head with his fist and knocked bis
hat off Don't know how many men were
with McGraw, think there was or S; David
stepped back; McGraw had a stick in his
hand feet long; Rose whired and grabbed
at his hat and ran about feet before heard
the report Of the pistol. When he ran Nc
Graw and others followed | heard no cap
snapped before he ran; saw no pistol and
heard no threats before he ran and was stan
ding within 2 feet of him; saw Rose all the
time, saw blood on his face Immediately after
he fired and heard him cry out "for Gods
sake help, don't let them kill me-" He ran
into the tent and was caught by Seaman.
Levi Fought Sworn-Saw Rose Just before
shooting and as Alspaoh came up to him and
said that if he would lay aside his pistol and
dirk, they would fight it out, Rose said that
he had whipped him once and that was c.
nough. Rose then went out of the ring; |
went close to him as he was talking with a
mother man. and or 8 men, (Irish thought)
came up to him and told him to give up his
pistols and he refused, one of the number
then said "G--d d-n you. give up your pis-
tols'
Rose STEPPED back and this man STEPPED
closer and made the demand third time in
nearly the same language, and Rose said "gc
to HE'LL" or some thing like that and turned
his head, and one of the men struck lin or
the side of his head with his fist and his
hat fell off, and he ran about rod or two and
fired. One Of the men had club in his hand
| vk Il I.
help--Seaman was moi there.
Dr. Wilson sworn.-Saw Rose shortly after
the occurrence in prison. The wound was on
the upper and fore part of the head, and was
a cash through the scalp an inch and hal
/, long. 1t might have disabled him; it was the
edge Of something that made it. 1t might
have stunned him, and could not have beer
given with the fist 1t might have been done
by stone or brick bat.
Hiram Harmon Sworn.-The testimony
of this witness corrobborated that of Lev
Fought and we therefore omit it..
!, Wm Kuntz sworn.-Saw Rose on this side
of the River, and went over with hm-met
Black, but did not see Rose talk to him. (Thi:
witness corroborated John Drumheller, Foght
and Harmon in the material facts concerning
WV ihS dSihdnu VI
&C.
Isaac Hite called for the defence.-ThC
pistol which got was not loaded. 1t had oil
its tube bursted cap.
John Sewalt sworn'-Saw Rose and Bake
quareing before Leshers. Heard Rose say
that "Baker was one of the crowd and be didn'
care d--n for him." Baker told Rose
that if he drew his pistols to him "he would
skin him quicker than hell could singe feath
er." Baker did not offer to strike, and Rose
told him to keep his hands off Rose left frs
and went down street and the crowd follweC
after.
David Sioux testified TO the hearing of tn,
report and seeing Rose run out of the crowd
} with his face bloody DC.
Henry Mater sworn.-Saw a man come
out of the crowd with stone in each hand
: | thought one was an Irishman; saw no stones
flying
!, Lewis Ward sworn.-Came into town il
John Newcomers wagon, and in company