Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-02
COURT OF COMMON PLEAS OF
sANDUsKY COUNTY, OHIO.
JUDGE OTIs, Presiding.
State of Ohio Indictment for Murder.
as. Plea-Not Gully.
DAVID &. ROSE. !

DAVID c. ROSE.
Tuesday June 2lst
The time was occupied during the day il
empanneling aJury. This was rendered &c
dious in consequence Of the almost universal
expression of opinion as to the guilt or limo
cence of the prisoner
Wednesday 22nd.
The counsel for the State, announced tht
sickness of one Of the Jury, in consequence o
which, the proceedings in the case were post
poned until the afternoon.
Afternoon.
Witnesses for the State called and sworn
John B. Waggoner caled-Was in town at the
time of the show, which was some time in
August, was across the river when the affray
took place, saw the smoke rise, and saw Rose
with his hand elevated and blood running
down over his face the other hand was hang
ing by his side. Seaman and another man
then caught hold of him; Seaman then said
to Rose, you have got some pistols and
dirks and want you TO give them up TO me, y
Rose replied, 81 will :" there was crowd
around him Rose took out a pistol and
stopped down and cooked it and snapped it
and threw it to the left; he got clear from
Seaman and ran under the canvass and
through the Show, and then Seaman again
caught him. The canvass of which witness
spoke, was the one under which the Show
was Did not notice from which direction
Seaman came; this occurred about o'clock
and on the other side of the river, in San
dusky Township, Saudusky County. 1t was
but short time after heard the pistol dis.
charged, before Seaman caught him saw
him going backwards after he discharged the
pistol, and before Seaman caught him /; he
had moved about two rods during that time ;
had not seen prisoner before that day A; have
about 20 or 80 feet from prisoner when he
fired in an easterly direction. lie (Rose) was
north east of the Giants tent my back was
toward Rose when he fired saw a pistol in
his hand, (the one which he snapped) but
not the one which he discharged there was
cap on the pistol which he snapped, and it
exploded, at least thought it did, this oc-
Cured about 20 rods east OF the bridge and
short distance northeast of the Giants
tent, Rose threw the pistol and some one
picked it up and started toward the man who
was shot, and some one said @Rose had shot
man." saw Rose about half minute after
| heard the discharge Of the pistol, his face
was turned to the northwest when first
saw the deceased he was on one horse
wagon which stood on tine pike and in
north-easterly direction from the place where
first saw Rose and rod or more from the
place where he was when he fired the wag-
on was standing still when saw it. Elwang-
er was in the wagon laying back and some
one behind him was holding him; the blood
was running out of the right side of his neck; !;
low down. The wound was small and ap-
peared to have been recently made; he ap-
peared 10 be dying. had not been to Ell
wauger's wagon before Seaman took Rose !;
saw the deceased afterward at the hardware
store on this side of the river Some one
got some water for him, but he was to far
gone to drink; l saw him expire.
Cross Examined by the counsel for the
prisoner-Was some twenty or thirty feet
from the pistol when it was discharged was
standing talking with another man on the
street; there was neither wagons or horses
between me and the place where the pistol
was discharged-i turned around as soon as
the pistol was fred and saw nothing of Rose,
but saw smoke rise and started immediately
for the place where the pistol was discharged !;
the crowd all rushed for the same place.
was within about 6 feet of Rose when first
saw him, he being west Of me and about 20
rods from the place where the pistol was dis
charged; blood was running down the left
side of his face from wound on his head
know nothing Of the manner in which the
wound was given. 1t appeared to me that
every body was trying to take hold Of him,
and should think some one was trying TO
strike him; Seaman was the first man whom
saw take hold of him, Rose took the pistol
out of his right pantaloon pocket with his
right hand, Rose turned round and Seaman
let 60 of him; Seaman was on his right hand
trying to keep the crowd back; the pistol was
pointed to the west when he snapped it, and
foot from the ground pointed in horizon
tai direction. After he snapped the pistol
he threw it about five feet off to the left and
at the feet of the crowd The pistol was old
and small one-iron or steel black colored-
alter he was taken the second time he presen-
ted no weapons; did not see him attempt to
strike any one during the struggle; think
the horse was standing with his head to the
east, and cannot be mistaken 4; remember
distinctly that the hoIse was turned round
to come over into town.
]. Dougherty-Saw the body of the de-
ceased short time after he was shot, in the
Hall OF the Court House-his name is Eman-
uel Elwanger be resides in Port Clnton-the
wound was small and in the neck low down,
and near the middle.
DR.. Beaugrand Sworn-Saw the body of
Elwanger in front of office-was dead
made post mortem examination with Dr.
Rawson; found wound just above the union
OF the breast and collar bone, upward and a
little to the right; the ball was found to have
pierced through the large artery at the bifur-
cation of the right common carotid and right
suoc!avian. After removing the breast bone,
took out the lungs and searched the cavity of
the chest for the ball, while Dr. r. was wash
ing the lungs-I introduced my hand into
the cavity Of the chest, for the purpose of as
certaning if the ball was there, but did not
lind it; | then cut through IN the direction of
the wound, following ALONG the SHINE of the