Minnesota weekly times., 1857-05-09
EXAMINATION OF THE RIOTERS.

EXAMINATION OF THE RsoTERs.sas
John Bell and John Smith, two Of the Irish
men arrested for assault and battery with intent
to kill Fred. Forester, were examined for the of
fence yesterday afternoon before Justice Simonds.
At 2 o'clock the Court Room was crowded with
eager listeners and shortly after, the two prison.
ers appeared in their seats. Bell looked fearless
and unconcerned, while Smith seemed part Of
the time, to exhibit little oontrition.
The counsel for the prosecution were, the pros
ecuting Attorney, 1. v. D. Heard and Henry Hale,
ESQ.,; VIM. H. Hollinshead, ESQ.,, and w. j.
Brownson, Esq, appearing for the defence. We
give below the most important testimony.
United States W. Jshn Bell and John Smith.
F. FoERsrER, Sworh keeps Apollo Hall, in
this city; says that between and 10 O'Clock on
Thursday evening, JOS. Wilson came running in
there, badly frightened, hallowing Forester,
Foerster!" A lot Of Irishmen came running in
after him. Wilson escaped out the back door.
Witness detained the crowd and they finally went
out, but rushed in again in about ten minutes,
the formost saying, " where's Wilson now? we
have got as many slung shot as you have" Wit
ness walked towards them and requested them to
leave the house as he did not wish to have
fuss. Some one then struck him with slung
shot cutting q cash in his head. He returned the
blow with his fist, and then ran behind the coun-
ter to save himself. Was followed and knocked
down by Smith, Bell and Murnan, who beat him
severely with glasses, bottles, stones, &c., beside
pounding him with some heavy iron on the head.
His wife then came to his rescue, and attempted
to push them away. Somebody cried skill the
woman" and large tobacco knife was thrown
at her. Then got his pistol and escaped out the
back door with his wife, and was follow
ed out by assailants; John Smith cried "where's
that woman? Kill her, kill her !" After retreat
ing a few steps amid stones, bottles and other
missiles, witness was struck by Murnan with a
heavy stick Of wood on the head, knocking him
nearly down. After recovering partly from the
effect of the blow, raised revolver and fred twice.
Had trouble with Bell two years ago, but they had
since been apparently friends. ' "
% Cross Examined. Witness saw Bell behind the
counter, and saw him strike him repeatedly. The
space behind the bar is about three feet; Smith
struck him with some iron weapon; was lying on
the floor; was also struck by Bell on the head;
except when behind the counter. A stick of
oak wood, about u foot and half long and five
inches square was here produced and identified
by Forester as the one with which Murnan struck
him the last time.
J.W. Prince, Deputy Sheriff, sworn arrested
the prisoners now before the court; found SUM-
dry articles on their person, among other things,
apair of iron knuckles which were produced and
exhibited to the court. THESE are murderous
looking weapon, weighing some two or three lbs.
and with holes in them to slip upon the hand
DR.. J. H. Stewart, sworn; dressed the wounds
of Forester the one on his back-head the most
severe; might have been produced by any blunt
instrument the knuckles before the court would
do it. Neither of the wounds would prove fatal,
but witness thought it imprudent for Forester to
be cut to-day. 7st1e sfnt at-~e "A
VIM. Aug. Croffut, sworn was standing on
the corner of Third and Wabashaw SIS. and saw
twelve or fifteen men pick up stones and come
down Wabashaw street they rushed into Foer-
ster's; witness went to the front of the house
andlooked in when the fray commenced; went
round to the back yard and met Forester coming
out the back door, and his wife standing between
him and the crowd, endeavoring to protect him
saw stones, bottles and other missiles flying around
the room, some of them going through the win
dow over his head. Forester retreated ten
or twelve steps, with his wife trying to pro-
tect him; one of the assailants struck Forester
with some heavy weapon, when the latter fred
two shots at him; witness was standing within
fifteen or twenty feet; recognized Smith as one
Of the crowd. @
= Walter s. Bartlett, sworn was in Foerster's
at the time of the second assault the Irish crowd
came in and commenced to throw stones, bottles
glasses. &c.; one of the stones struck him saw
them throw tobacco knife at Mrs. F., which
crme very near striking her /; went out the back
room :, when he returned the crowd had disrers-
ed. H'@'Af
TESTIMONY FOR DEFENCE. ,.
Patrick Brice, sworn was at Foerster's on
the evening of the afray saw Forester come out
from behind the counter with a revolver. Bell
was standing near Mrs. Forester, when some of
the crowd shouted sssave the woman!" man
then came in at the back-door and struck Bell
over the bead with an iron poker several times;
there was no fracas behind the counter if there
had been he would have known it saw no stones
or missiles flying around and none thrown there
were only three or four men in the room.
! L. p. Cotter, sworn; was at Forsters on Tues
day evening saw a crowd come in; heard
Smith say ssdon't hurt Fred 5" saw no stones,
brickbats, bottles or anything else thrown was
in the bar, in the back room !; saw nobody
struck .eiitE .huei
/ Michael Blatten, sworn ; was at the front door
when the crowd entered heard them say they
came in to have drink Forester told them they
must not come in; they advanced, when Foer-
ster rushed up and struck enc of the party; they
then followed him into the back room where he
saw Forester and his wife, and Bell and Smith
behind the counter; Smith said 'sdon't hurt the
woman" saw neither of the defendants strike
Forester; saw no stones, briokbats, bottles or
anything else thrown or moving about; should
have seen them If they bad been thrown the