Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1857-08-04

/ up, both OF whom he nov recognized in
the witnesses who had testified to seeing
hlfn there. He owned that he was startl-
ed, TOR the thought of his position flashed
upon him with all its bearing circum-
stances. He remembered his known hatr-
ed to the deceased, his many seeming
threats, and the remarks he had made
not an hour before = He called on God
to witness that he would have withheld
the assassin s hand had he been IN season.
Tor he could not see even an enemy suffer
unJustly.
After this, much testimony was intro
duced to prove the prisoners previous
good character. But all the Jury knew
that = for they all knew him, and knew
how upright, steady and industrious he
was at ali times.
The prosecution introduced one more
witness as a sort of rebut This was
Richard Payne, the nephew of Owen.
and now supposed TO be his heir He was
a dark-featured man of about thirty, tall
and stout IN frame, with black, crisp, cur
ly hair and black eyes, and wearing
look of deep dissipation 1t required but
single look TO prove that his mother had
been either mulatto or quadroon.
Richard Payne swore that his uncle
had several times told him that he was
afraid of Thomas or Tom Roby. The
witness, upon asking him, why, had been
told that the young fellow had not only
threatened to kill him (Owen,) but had
actually waylaid him in that very wood,
and that 10 aSsassinate him; but the feet
ness of his horse had saved him. This
witness gave his testimony very emphati-
cally, aud with a spice Of vengeance in
1t. He stood erect. carrying his hands,
which were both gloved, behind him.
MIR. Witness" said the prisoners
counsel, 'you are the heir to your uncle
Owens estate e
Eyes. sir"
He has made a will to that effec, 2"
EYes, sir
rather erratic IN this respect! / mean,
YOU knew that he had made several wills
before this one -
Yes, SIR
''And didn't you ever fear that he
might make another g.
''No-sir." Rather confusedly)
''Suppose | were to tell you that he
HAD made another viii ?" (AbruptIy.)
'I-I-know he didnt!' the witness
stammered, turning pale as death, but
recovering quickly.
''Do you know, sir. that ON the law
yer whom he came to see on the day of
his murder?'
Il knew he came TO sec one, sir.
Voc CT and I a,n tho ona Cur
ious that l should be his attorney and ad-
minstrator, and also counsel for the man
accused of his murder, isn't it 2"
''I-I-don't know, sir"
Tell me: Didn't You ct very drunk
on the evening before your uncle came to
this village!''
Me, sir? No, sir!'
"Ah-beware. | have the proof You
won't make anything by lying. Now
weren't you drunk 2"
"No-not drunk, sir. ] had drunk
some, | will admit"
"Aye-and you had quarrel with
your uncle!"
No, sir-no, a quarrel. He blamed
me some for what did"
'And you struck himl"
"Struck him -
"Ayc-you stI Ick him
"No-nct regular blow. We had
little trush.'
''fcs-I understand. You struck him :;
and, under that provocatlon, your uncle
came here and had me make new Will.
1t was made, signed, sealed, Witnessed,
and duly registered before he left for
home. What do you think of that?''
The witness grasped the little round
rail in front of him for support, and his
face turned 10 a dark ashen hue. He
trembled at every Joint, and it was some
moments ere he could speak. At length
he managed to gasp:
'lt's false He did not make new
WILL"
"WeIl-never mind now whether he
did or not. | know, however, that you
feared he would make new one"
''Ah-no falsehood | know of what
| speak
After this the counsel, whose name
was Parkhill, and who was accounted sec
ond only to Prenlios on murder trials,
turned TO the COURT
MAY u pltdot NoiI IipIOl, anu you,
gentlemen of the jury, | have urged the
keeping of the body of the deceased here
because there was something upon it
which wish examined in open court and
before the jury. | have two eminent sur
geons here, and with your leave we Will
proceed with the examination"
"Will you keep the witness on the
stand 2"
Yes. sir. may wish to question him" !"
By this time every eye was turned up
on Richard Payne, and could easily per-
ceive that the opinions ofpeope were ra-
pidy changing. Before all had looked
upon the prisoner with ;hat mysterious
kind of sorrow which is partly made up
of wonder and condemnation, but now
their suspicious were turned upon the
dark nephew, and when they regarded
/ Tom Roby 1t was with pure sympathy.
The body of the murdered man had
been covered with black pail, and when