The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-04-12

AKIN STUART.-The prisoner got quar-
ter dollar out of Morris hand in the road
at my. house. live E of mile from
where the body was found; went there; on
the road saw horses on the top OF the
hill. Morris was lying in the road, and
near him saw coat, waistcoat and cap;
about half way down saw upper and un-
der shirt lying in the road. From Morris
TO the body OF deceased is 800 yards good.
Did not see anything else found in the
road. The prisoner and McF Farland came
up to the watering through in the road near
my house. was breaking the ice so the
horses could drink. Prisoner said, ''By
Cd. I'll show you how to break ice;"
and then jumped off in the trough and
tramped through it. Morris came up and
did the same thing. Then went to hick.
ory tree and talked Z OF an hour; all off
of their horses. When went to the house.
prisoner followed me. and rode in the gate,
and said he wanted pint Of whisky; and
asked ii he couldn't ride in the house; told
him he'd better not. Gave him lineup
full of whisky; he didn't more than wet
his mouth with it from appearance of
it. then handed it back He then said
"D-n you. where's the water?' Handed
him cup of water, which he dashed on the
ground; then told me to hand him the whis-
ky; said he wanted to tell me something;
told me to hand cup up to his right; did
so, and he dashed cup down without tast-
ing it, and said, "D-n your liquor"
Then struck his horse and went away.
None of the crowd were intoxicated 10 my
knowledge, unless it was Mr.. Morris. Al,
the door the prisoner.told over some black.
guard toast. but can't recollect what it was.
He showed me long kind of dirk knife,
and asked if it was not good one.
by Il Juror.-Am not in the habit Of
having drunk men about me. If man
talks straight and walks straight, he is not
much intoxicated. man is much intox
icated when he can't get on his horse.
Cross.eramined.-Am not now excited
and have not been heretofore. Was when
first heard Of and saw this murder. Sup
pose j, took me 10 minutes to go to the
place; could run it in that time. Had lived
better than year at that place. Am not
in the habit OF keeping liquor. Only had
kept it about weeks before this affair
Had none since; had part Of a barrel
then. The deceased and me were Cousins;
he stopped and asked how the folks were
Had seen Morris before and knew him;
had no business with me. Mcfarland
stopped only a minute, end then left the
company by himself. Garden and Nor
ris came up Immediately after the others.
Thoburn stopped and put his horse in my
stable. was at the trough breaking the
ice with stone. Craig rode up and step
ped offinto the trough and tramped through
it. The trough is perhaps 2 feet through;
don't know il wafer went over his boots;
don't know how much water in the trough:
was full; was barrel in it any how. When
Morris came up he jumped in the trough
and run through it. | thought Morris had
been drinking. Didn't know that Craig
had been drinking. Supposed he and de-
ceased had been drinking dram like any
body else. They had liquor with them
drank with them We drank what was
in their bottle. filled deceased's bottle
and We drank after that. gave prisoner
some in lineup, which he threw away
He had a quarter dollar which he snatch.
ed out of Morris hand. saying, BY Cd
you have lost too much money already.
| got no pay for the liquor got of me
Mcfarland had been gone long enough to
have reached his home-2 miles--before
the others started. Morris and deceased
started first Prisoner helped Morris on
his horse, and staid some 10 minutes ate,
the others started The road runs up hill
r. Et,l. =
cleared field on one side. Morris and
deceased were out of sight before prisoner
left; must have been over the top OF the
hill when prisoner left. When prisoner
wanted 10 ride in the house, was not mad
but told him he'd better not. Ii is hardly
common for sober men to want to ride into
house. Didn't know why he wanted to
ride into the house; supposed he was in
fun. After | gave him the whisky and
water he threw them on the ground. Tin
was full of whisky. He didn't mention
having bottle. thought may be he had
bottle. Didn't care whether he had q
bottle or not, nor what became Of the tin.
cup, nor the liquor, nor whether he paid
for it or not Wasn't afraid of prisoner
nor OF any other man. Now we have
talked enough about the liquor, let's hear
something else. Not word mentioned
as to whose turn to treat. The deceased
treated the 9 Wagner's when they came
along. Don'trecollect of talking frequent
ly about this difficulty to people. Quite
likely have talked about it. Don't mind
Of even telling any man what would tes'
iify. Have not told that prisoner was so.
ber He acted like sober man. Have
seen many man jump in troughs and
break ice. Don't recollect their names.
By the State.-I did notice that Morris
staggered around there.
ALEX. THoBuRN-R Recalled Between
where the body of the deceased was and
Morris clothes were found. Went up to
Morris. and Mcfarland put him on his
horse About rod from Morris found
Craig's coat and cap up on the bank
above the road; rs yards below the 2 shirts
were lying in the center of the road; 25
yards below that 2-bladed, black-handled
knife was found, and a step or 2 further a
quarter dollar was found. Had no con-
versa,ion with Craig about the knife; moi