The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-05-09

day afternoon, to hear the trial Of John Bell
and John Smith, for assault with attempt to
kill Fred. Forester, before Judge Simons.
The counsel for defendants were Messrs.
Hollinshcad 4 Brownson. Messrs. Hale &
Heard conducted the prosecution. Thepros-
ecuting witness, Mr.. Forester, was still weak
and faint from the blows he received, and
when he delivered his testimony, he kept his
Lat on to cover the murderous wounds on his
head.
F. Forester caued-jor OBSERVATION-DISCLOSURES
Am acquainted with defdts. On Tuesday
evening between and 10 o'clock a young
man named 10. Wilson ran into my shop,
followed by a crowd of men hallooing and
making noise; ordered the men to leave,
and not make fuss in my house. They
went away then, but in few minutes rushed
in with stones, and slung shots. l was struck
by one of them severely, as 1 supposed, by
slungshot: ran behind the bar; they fol-
lowed me; John Bell and John Smith, and
Patk. Norman were among them; was knock
ed down on the floor, and beaten with stones,
tumblers, &c; my wife ran amongst them
trying to protect me; some of them said,
"kill the woman" 1 broke away from
them and ran out of the back door; they
threw bottles and things at me as ran, fol-
lowed by my wife; Smith hollered out,
"where's the woman-kill the id woman"
We ran into the kitchen; they followed us
through the kitchen, into the back yard,
crying {" kill him, kill him." Norman struck
me on the back of the head with club of
wood; it nearly knocked me down; remem-
bered had my revolver; drew it and fired
twice and hit Norman then they all ran
away. There waerc twelve or fifteen men in
the crowd; never lad any difficulty before
with any of them, except slight quarrel with
Bell; had been friendly with him since
1t was the same crowd which attacked me
that pursued Wilson in. Wilson ran through
the house and escaped.
Cross-eramined:-Bel and Smith were be-
hind the counter; Bell struck me, don't
know what with; it was about or 4 feet
between counter and wall; was on the floor
when Bell struck me; they were between
me and kitchen door Smith struck me with
come iron weapon, believe; saw them all
strike me; was lying on the floor; Bell
struck me on the head also. The room was
full of the other men; Bell and Smith did
not strike me after got out Of the room
did not strike, or attempt to strike, the
first blow myself. Norman struck the first
bio W; tried to strike with my fist in de-
fence tried to get stick, but was knocked
down md beat did not carry the pistol in
my pocket ran behind the bar and got it;
was about dozen feet from the door when
1 fred. Was struck by Norman before l
shot him this is the stick (pointing to one
produced in court, about twenty inches
long. and the thickness of mans arm;) the
rest of the crowd threw bottles Of wine,
sauce, &C., at other persons in the room
J. w. Prince sworn:-Ntade the arrest of
the two prisoners; examined them, and found
on Smith pair of I" iron knuckles, '(showing
them, about two pounds in weight; arrest
ed them yesterday.
DR.. J. H. Steaoart suorn dressed the
wounds on Fosters head there were two
wounds; could not tell what they were pro-
duced with the wound on the back OF the
head fractured the skull; this was the most
severe wound it will not prove fatal; there
were other slight wounds on the body; do
not think it safe for him to be out now.
Walter S. BARLEY ssoorn.-Was present du-
ring most of the riot at Apollo Hall; the
men came in; walked in the back room
in moment Fred came in, pursued by the
prisoners; stones, bottles, weights, &C., were
thrown; was struck by stone; Forster
was knocked down behind the bar; went
into kitchen and got out by the back yard;
when l returned, crowd was gone Fred told
the crowd "to keep outs" then the stones
commenced to fly.
". Il. CrofM s,Oorm.-Was standing on
the corner, when l saw crowd of men pick
up stones and run into Brackets; stood in
front and looked in; the fuss commenced !;
went to the back yard and looked through
the window; Forester came out, with his
wife, who was endeavoring to protect him
some man struck him, when Forester fired
two shots; do not recognize the man who
struck him; saw Smith there; Fcerster's
wife was between him and the crowd.
J. @. 4. Ward sworn-Was in the ice
cream saloon above during the riot; when l
heard the fuss, went down; Forster was
expostulating with them, and desiring the
crowd to leave.
o. s. Lock S,oorn.-Was present in the sa-
loon when the riot commenced Fred tried
to keep the crowd out, and begged them not
to raise fuss they struck him several times
with their fists; don't know whether tEey
had anything in their hands.
Mr.. Hollinshead, counsel for defence, said
that as no testimony had been adduced t.
show that either Bell or Smith struck any
one, or had any murderous intent in making
, the assault, and as the only blow shown tt
be struck was by man, not on trial now
he would move the discharge of defendants
Judge Simons overruled the motion, ant
he counsel for defence proceeded to intro
due their testimony.
TESTIMONY FOR DEFENCE.
E Patr. 'ck Brice, Svorm: Was present at tn
fuss; saw Forester come out from behln
the counter with loaded revolver; ne toll
o Patrick Muir nan to keep back; l told MuI
o nan not to strike him; Bell and Murnan toll
y Forester to be quiet; the crowd rushed o
: and the fighting commenced. Awoman wa
n there, and Bell said, "Don't hurt tn
. | woman y, then q man came from the kitche