Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-07-09


Reuben ID. Turner swears that on or a
bout the 18th day of June, 1857, one John
w. Dawson did destroy and pull down a
notice which had been posted up at the
Post Office. public place in said city Ito
wit: the Fort Wayne Jeffersonian, in vio-
lation of the 2Sth section of an ordinance
for the prevention and punishment of GER
tain offences therein named.
r. ID. TURNER.
Sworn to and subscribed
before me this 18th June, 1857.
The ordinance referred to reads thus,
from which every man can see how ill
grounded was the complaint, and how vex-
atious the suit for that which is no ogence.
and which the Mayor decided to he no Of
fence in discharging me from the malicious
and petty but aggravated arrest:
Sec. 90. Every person who shall mali
ciously or mischievously alter, defacc or
pull down. or in any manner disturb any
sign or Notice put up in any public place in
said city by any public officer, or by any
other person, until tie period such sign or
notice was intended to remain shall have
elapsed within the limits of said city shall
be fined in any sum not exceeding $40.
On that complaint | was arrested and
dragged before Mayor Morss. Having
reached the office was detained for long
time before the Prosecuting witness-the
editor of the Jetfcrsonian appcared-when
he did appear hal two witnesses subpenaed
beside himself to prove the charge, another
who not being there ne insisted on having
subpenaed evidently for the purpose of
accommodating costs i'll case | should be
fined. Here iuterposed, and stated to the
Mayor that | desired the question to be dis
posel of without trouble, that there was no
controversy about the fats and would adj
nit that had torn down the Fort H'ayne
Jefersonian in the manner aud at the time
and place charged, but denied that the facts
constituted violation of the ordinance,
and stated that the Jeffersonian was a neus-
paper and not notice in contemplation of
the ordinance, and desired 10 go to trial on
the law only This The editor of the JEFF
fersonian objected to, and would not con-
sent unless would plead guilty as charged
which would have admitted that the JEFF
iersonian was such notice as the ordinance
embraced. withdrew the admission then
and the witness was seut for, brought in,
add all were sworn sops the cditor--the
prosecutor. The facts proved need not be
stated ~ ;a.cy are not essential, but make
for me- On closing the testimony Turner
opened the prosecution in short speech.
and closed il wholly uninterrupted. ] then
commenced to speak. from the opposite
side Of large. wide table standing between
the Mayor aud that editor, and myself. en-.
tircIy within bounds. having proceeded n
bout n minute allntling to the malicious
character Of the prosecution. that editor
raised up and proceeded TO interrupt me.
when Mayor Morss said TO him:
"Set down Mr. Turner. 4 will keep Mr.
Dawson straight" or iii protect you. T"
To this Turner replied:
"lll not set down sir"
then sail
If you doa't will make you set down
or 'sct YOU down." or to that ctlest.
lie, turning TO mo and getting rs near
rs the table would allow. insolcntly said:
'I'm not to be intimilatcl by you Sir"
then walked up anil down the table
awaiting the actisn Of the Mayor; till n
minute had elapsed aud until the Mayor had
again told him TO set down, and finally la
king hold of his dress pulled and comnlaa-
ded him to- set down, being the third time.
Thinking now that he would certainly cease
to interrupt me went backto the centre OF
the table and res umcd my position. oppo-
sifa 10, him, or ,Vt;.i, ti.na Ttrpor hal
ceased to speak but was standing. | then
thinking that could proceed uninterrupt-
cdly, commenced ira louder tone Of voice
that | might drown his voice should he
commence again, and thus conclude my
speech without further interruption. But
| had spoken only few words when he
commenced again, also in a loud tone, evil
IDENTIFY to interrupt; then it was--after hay
ing been imposed on by him at the bullet
in board, dragged into court as criminal,
refused being heard on the law after admit
| ting the facts, now insuItcd while i'll my de-
tense and entitled to the floor and after ev
cry proper remedy had failed to silence him
Il say then it was, that my patience and
forbcarance were exhausted, and indigna-
ton aroused, till in the passion OF outraged
feelings, | seized my walking cane and
struck him one blow across the table with
my right hand, the cane falling on his face
obliquely below and clear of his right
check bone and across the bridge of his
nose, breaking that ard making but slight
and very simple fracture Of the upper jaw
bone on the right check, and so light tho
blow anil so far from the brain as to cause
not the slightest approach to concession
and even if on the skull would not have
been serious. The blow did not fell him
but staggered him. he recovered on chair
and was on his feet instantly and walkef
down stairs. continued to t Tx and at nc
time since has he been unable to do so. III
got into buggy himself and was taker
homo. All stories about the iislocation Of
his jaw, about his failing liiclcss," about
his dangerous condition, ard finally abon
my following up the blow and drawing
knife; arc maliciously fabulous and feyned
and Turner could and should have been a
his occupation days ago. All is prctensc
These are the facts, and all the facts, an'
on these / am willing to be judged, AM
doubt very much il any man who has son
enough to cntitle him to salvation can b
1 found xvhc xro,,l.I do rtl,crxviso than hav,