Smyrna times., 1857-11-04

!
the left lung was small and discolored; had the
appearance of being compressed, and as if il
had lain in water and blood; upon CUTTING the
stitches with which the wound was dressed air
came out there was about halt pint of blood
10 the, body. 1t is my conviction he died of the
wounds. did not attend him.
John Ralston (n,) sworn. | am no kin TO
Henry Rasten; we were raised together:
was present at the fuss; | don't know what the
tuss began about; we were all up sta RS some
words passed, and Henry told Jim to 90 to hell.
Jim said you won't go down stairs and tell me
so; they went into the yard and fought 0olng
m the house Henry said " | don't value YOU -
JIM SAID " walk ont into the road and | will
give yo" salistactlon;" when yot there they
were hghting; | heard Hen say g NV Lord /!
jim has Killed me !" | help part them; COM
menced something about lamp; | don't know
"h'ch struck mrs; they were down when
went 10 them; they were separated Immediate
ly; | heard no lick struck, and saw none never
heard who struck first.
Cross eTamincd-I was not in the va rd when
1t begun; Henry was on ton in the road: took
hoId OF jim; | don't know which was the hest
man.-not much difference.
William Lewis (n.) sworn. tlcnry was IN
bed; had gone 20 bed heard ,hea, quarrel
10"" ih"F 6Hd b"'0 lighting bn wrra ..,.,..,;
heard ,hem III the rom tncy ,.,rs ,u..:.h Il
apart don't Know when the cuts were .-iYra;
'hey were ho' stout; licn was the hcaviest
Cf0SS-e&0min"d. Hen was On ton; ,!oi,'t
hho" any'hin2 about the lamp; JIu cl4.ruG it
H. would net GIVE 1t to hun; jim wa last com
ing 10 brd asked for lamp; Hen eaJd he should
not haFe ~ they begun 10 quarrel and Hen
told Jim TO 90 TO hell jan sald ..you won't
go down stairs and say so.'
Alexander johnson sworn, On The morning
inter the fight | heard that Henry Ral,lon was
stabbed; on my way home | met jim and stop
PED; asked hIm what k.nd of knIi. ne used;
he SAID 1t was IItIc one | asked h.n,n hat he
dId 1t for, and he SAID Henry would moi let hlm
alone,-tha; nc was IN the habit of i,nposinU
on him; | know the prisoner by sight; | had
formed rather IL favorable opinion of him he
seemed quiet, peaccabe t aHd attentive to bust
ness.
VIM. Sordcn (n.) sworn, The fuss COM
menced about lamp; Jim gave the challenge
ana they went down stars 70 fight; M-. Fisher
TOOK hold OF Henry and took hold Of Jim; Jim
invited Hen IN the road they cung and were
parted; heard Hen say " Pm cut Jim SAID 81
dad not cut hlm;" Mr.. Fisher SAID "ves. YOU
d d cut him." | heard no hicks passed; / was
only about twenty feet of; | heard jim say
" stand back" it was dark did not see which |
run IN tney were not down long | saw no |
marks on Jun where len had struck nIn; Jim
never complained OF Henry striking hun.
CroSS-eramincd- don't know that Jim
owned the lamp; | did not see winch went
down first; they were parted in the yard when |
got down stairs,
John Hays was sworn. but his testimony was |
dIscredlted; therefore, we will not give it,
Or Waltman Jones sworn. know the pri-
s)ner, my father raised hun; he has always
sustained an excellent character; never heard |
any complaint against hm ; very polite. | have
thought that he was threatened with consump.
non; rather delicate. He was always quiet,
oeaceable boy.
Here the State closed, and the witnesses for
he defence were called.l
Levin Johnson (n.) sworn was present
Wien the fuss took place at Mr. Fishers house:
was IN the kitchen; heard them ouarrelng
ina saw them come down stairs; they passed
mo me yard; after they had got out there
Ienry threw brick a Jim it struck the door
WIN great force and came INTO the kltchen,-I
he door was open | went out and tncy had
lung; they were separated they went to the
Dad; heard Jim say "stand back :" Henry l.
track him, run into him an ddowned him; H I
'as the biggest and strongest: the BRICK was =
brown before the fight.
Cross eTGmIHed.-JIm is "a free man; was -
the Kitchen close to the door; | had not gone
Oed did not see them go to bed !; | saw l.
lem come down stairs; Jim was first and Hen T
ehlnd him Hen threw the brick don't know u
neither any one else saw 1t; Il was thrown be. e
re the other boys got down stairs. Il
Richard N. MerrlkCn affirmed have known "
m Jones since lS4S; don't know the words {,
depict that boys character; he used to be :,
my store as much as twenty times day ;
ever saw hun drink drop of liquor in my
&c, or heard him take an oath h. is the best
y ever knew he is quiet, pcaceabe boy
There were several other witnesses en- the D
ri OF the defence, who testified to the re-
lrkabIy good character of this boy but there
rs nothing proved IN regard to the fuss, only /:
nat you see IN the testimony Of Levin John Is
II. lie Is represented TO have been boy who -
IS disposed to suffer imposition rather than
sent anything. And we have no doubt, from &
e character of the witnesses, that he has becn e.,
pattern for his class The counsel on behalf 81
the prisoner endeavorcd to impress the Jury 81
tn the idea that 1t was done in self-defcnce. "a
le case was we'll argued on both sides, and n
whole affair conducted in very credtable Fl
inner. Eli Salisbury, Esq, who was admit Ca
TO the bar only short time ago, made his "a ~
but on this occasion, and delivered his first ! :
sech at the bar of this court In our humble Sn
Igment' he'Srqultted himself in good style. Tc
Ihe Jury returned verdict of manslaugh- M
, the punishment Of which is thus prescribed y. :,
the Act of Assembly: 4 fue not less than Re
W, nor more than $4,000, aud imprisonment Nc
notleSs than one nor more than five years.
..... . .;H .. Ph
= ,,,.. ..: --- w
|- The next great race in England in Ne
Ich the American horses are engaged is the Re-
mbrIdgeshrc Handicap, at the Newmarket ST
ughton meeting, that was to have been run Mt
the 9th of the present month. In this mi
nj Dri NJ III