The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1854-04-20

&&A 49, @A0e 80
wiiiiui murder. on the 10th day of February
1858 ~ Clesrcreek township, Fairfield
county, Ohio.
On Saturday the prisoner, who is rather
prepossessiug in appearance, was brought
before Esq McVEioH at the Court House
where n large number Of persons had col
lected 10 witness the examination.
v. E. SHAW ESQ. Prosecuting Attorney,
appeared for the State, and Mess ]. d.
MARTIN, N. ScHLEIcH and C. d. MARTIN
for defendant,
Before proceeding to the examination the
Pros. ATTY. desired the prisoner should be
exhibited before witnesses. He said Coun-
sill had concealed him behind themselves,
and be desired witnesses should rave a fair
chance to identity him, aud f he was not
the man in Gods maue let HIM go acquit.
He said the life Of an individual was at stake,
and II was his desire that the prisoner should
have a fair aud impariisl trial, and trusted
the audience would, by thsir profound ST.
lence, assist in accomplishing this object
Ho requested silence upon the part OF the
audience th't the testimony might be clear
ly aud distinctly understood by The Court.
Ne J, D MARTIN remarked that he
thought prisoner counsel were able to man.
age their side Of the case that they would
seat their client iust where they pleased,
and when the lime came for witnesses TO
speak Of IDENTIFY, he thought tho Court
would see that they hed a fair chance to see
the prisoner; but as to exhibiting him, they
would submit 10 no such unhear Of thing.
Tn, court said thar at the proper time
Witnesses should ave fair opportunity Ia
identity prisoner. Examination Of witness
IS then commenced.
Jacob RIFF Slcorn Said he lived IN
Amanda township. Fairfield county, Ohio
Nae acqIOintsd in the npighborhond o
Scvmore's-wss hunting squirrels in The
woods in the ncighborhood of Seynore's
fouai comfort, blue over ais, a white hat
an umhraela, a book. Found II skull there
-(sknl prJducdd and identiied) skull
~as broken. Book identifed) { md tn,
h.ok in an old pocket. folded up whei
found, found a foot in one Of the boots.-
Same kind Of goods in coat as shown hin
lover nlls i1entiir1) other articles, rem
ntnts Of clothing identified as those witnest
saw IN the woods, with the skull and bone
oi I mon. Discovered these things in May
1853 "hiDk Friday 27th Middle q
- ODDS founa them-in the thickest place il
abe WOODS heap Of brush thcre-was
d-nse dark place, The ground looked as
the ogs had dragged the body over a larg
space.
Ctoss Examined by J D.. MARTfn.-
Found these remains ihree.fourths Of a mil
ffpn the pike. The " 'ods were large, th
remains were mile from .shbropks and
nils from any clearing Said he couldn'
see out oi woods from spot where clothint
wnr found
Dr.. George w. Booster S~,oorn.-(Sku
hsnded 10 witness) Have examined thi
skull. and think the hole il the back par
was made by a ball Is the skull ofa whit
man at least one Of European, race Tn
larger fracture on from, part Of skull nigh
have been made by hogs. Skull has evi
den'ly been broken by violence-think hog
did u The person h da prominent chin
The puncture in the posteriur part VI saul
w,s aithsr male by a bail or some Other
sharp instrument; most likely a bail. Is no
likely tho person could have shot himself II
this manner by design. Saw the bones
q say what dscsased's height may hnv
been, think, however, Is was below the or
binary stature.
Cross Examined. The ball would hav,
escaped through TINT part Of skull now lost
Have no doubt that the ball IL ball it was
entered at the puncture seen in the skull
JHo. Rogers SiODrn .-(The bundles o
clothes waAhere exhibited to witness) Don
know whether / ever saw these clothes be
lore. but saw n person wearing clothes sim
liar to these-can't say where IL was. Whe
| was examined here in Ankrum's case
thought II was last Of February or lst Il
March, ls53-Now think IL was near
month earlier-Think was then mistaken
from the circumstance, of q Scotchman be
ing at my house when the man who wOr
these clothes was there The ScotchmaI
was twice at my house. but which of III
times the murdered mnn was there cant say
From the ScptchmHn ] came To tho conclu
SION the old mnn WAS at my house betwee.
the lst md 5lh Of February lS53-The ol
man came 10 my house in company with n
o~ther-can't say whether any one in th
Conrt room louks like the man with the oil
RentIeWnh Ny opinion is that The pri,oue
GfH1 Bar Tools ne he man, his hard IA
me ~ SIy h. as lie mani oniy give il as m
op'nion (Here Mr., SnHW ordered the prii
onrr. 10 : ,ni mp and exhibit himself TO III
This prisoners counsel snid h
should NOT do. Mr.. Shaw then moved III
Ef''' ~ " w NN'uTFu W hAUllu up. III
aid h. had he right to hove the prisonC
exhiblied brf're witnesses in order to en-
able tho latter 20 identity him: and that h
"n'y d~rsigped d fair, full and impartial In
v atigatinr
Council fordAfpnce snid in reply, that III
state had no right to make persons accuse
mInpisciure testimony against thems elves
That the Constitution protected accuse
parties against any such unWarranted en-
e~roachments upon thelr rights, as this nov
urged 81 the pr secutor. That the %prisone
az me Bar was under the ~ lection of IN
Cuaft, 90 the law, and that his counsf
would soc hat no such outrage ~ this wa
perpetated upon him Tnat h shall nei
thrr rise, speak, show his PAGES, his tee,
or take OF luS clothes Tor the benefit of,h
learned cau sei. fnr the state even if ordeI
ed TODD 80 ~ the Justice, chr, Shaw Ia
irrposing) II he Ia innocent let him yet II
aud show himself TO the witness that he
innocent. Thnt' L., continued defendant
council the priueip e. "If he d
not commit tbs murder let him prove IT,"
Justice McVEfGH here said that he W,
not sa,l.f I'd be had the right To order Il
accused 10 bis feet as demanded by Il
StiieS Atty but that the witness had a
reN''y spoken as TO identity. and.the Pros
cni"r should go on with his testimony.
witness continued. They came 10 II
apt.e honnt snn-dovu to stay all night
sid ~ tbs old ma N was an Trishman..
ftts 'eened to nettit him. He answer
fsrher ta'tiy, that he thought strange peop
could Judge people by their dialect, I