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.
Hollinshead & Brownson. Messrs. Hale 4
Heard conducted the prosecution. The pros
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. FoerSter caVed-tm proSecutioa-s'corn /:
Am acquainted with defdts. On Tuesday
evening between 9 and 10 o'clock young
man named 10. Wilson ran into my shop,
followed by crowd Of men hallooing and
| making a 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 Twas struck
by one of them severely, as l supposed, by
| a 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,
tumbers, &c; my wife ran amongst them
irving to protect me some of them said,
skill the woman" l broke away from
them and ran out of the back door; they
threw bottles and things at me as l 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 a 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-eramiaed:-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
blow; tried to strike with my fist in de-
fence tried to get stick, but was knocked
down nd beat; did not carry the pistol in
my pocket ran behind the bar and got it;
was about dozen feet from the door when
| fired. Was struck by Norman before
shot him this is the stick +; (pointng 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 othcr persons in the room
J. ". Prince s,oru:-Ntade the arrest of
the two prisoners; examined them, and found
ON Smith a pair of "iron knuckles, "(showing
them, about two pounds in weight; arrest
ed them yesterday.
DR.. j. II. .Sewan sworn 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 wonnd; 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 s'oorn.-Was present du-
ring most of the riot at Apollo Hall; the
men came in l 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 returned, crowd was gone Fred told
the crowd "to keep OUT then the stones
commenced to fly.
". Il. CrofW sworn.-Was standing on
the corner, when saw a 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. Q. 4. Ward srora.-Was in the ice
cream saloon above during the riot; when l
heard the fuss, went down; Forester was
expostulating with them, and desiring the
crowd to leave.
o. S. Lock Sworn.-Was present in the sa-
loon when the riot commenced Fred tried
to keep the crowd out, and begged them not
to raise a fuss they struck him several times
with their fists; don't know whether tEey
had anything in their hands.
Mr.. Holnshead counsel for defence, said
that as no testimony had been adduced to
show that either Bell or Smith struck any
one, or had any murderous intent in making
the assault, and as the only blow shown to
be struck was by a man, not on trial now,
he would move the discharge of defendants.
Judge Simons overruled the motion, and
I he counsel for defence proceeded to intro
due their testimony.
TESTIMONY FOR DEFENCE.
Patr. ick Brice, Sooorn: Was present at the
fuss saw Forester come out from behind
the counter with loaded revolver; he told
Patrick Muir nan to keep back; told Muir
nan not to stri ke him; Bell and Murnan told
Forester to be quiet; the crowd rushed on
and the fighting commenced Awoman was
there, and Bell said, "Don't hurt the
woman!" then man came from the kitchen