The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-06-17

in bed until the fight commenced. Was
awake all the time The parties were
both on their feet sometimes. Prisoner
was in s'corner pretty much all the time.
Nearest deceased went to him was when
he said he had no knife, but d----n N him,
he would shoot him. Deceased was call
ed pretty good (strong) man, (witness
showed how the chair was held. catching
it by the top and drawing it over his Shout
der,) Deceased knocked prisoner against
the cupboard. The house is two cabins
with an entry. When prisoner went out on
the porch he said he would go and stay
with his wife, When witness told him not
to go till somebody come he sat down
near the house, went above the house
couple of rods and laid down till people
came. Prisoner went to sleep. Didn't
hear him talk.
Re -Eramined The first person who
came was Mr.. Smith, which was between
half an hour and an hour after -affray.
Think Catharine Knight was next; then
James and Washington Myers, They
came just after sun ur. There were 40
or SO there during the morning. Prisoner
looks like the stoutest of the two. -i
In answer toquestions by the Attorney
for the prisoner witness said,' II asked them
why they come to my house at that time
of night. Prisoner answered that he was
afraid of fdeceased-afraid he would way
lay him." Said after the fight that he
would not leave. Witness WAS afraid af-
ter the Myers's came that, they w ould kill
prisoner. Prisoner said hesdid not deny
what he had done, and would not go away.
Prisoner offered his hand to deceased be-
fore the fight which deceasedrefused. ESQ
Court adjourned till tomorrow morn
ing. hlasa5 : 81 . ts4. CO..
WEDNESDAY, June 10, 8 o'clock A. NJ.
JAMES SHooK-Re.c called by State. =
Question by prosecution: Didn't you, be-
fore the coroner, testify that the deceased
warned the prisoner not to pass around him?
The question was objected to by prison
er's counsel. In explanation counsel for
prosecution stated that they proposed to
impeach Shook. The question was ar
gued at some length by counsel. & The
court ruled that the State could not: i'm
peach witness called by itself and cited
azs Leeha5o Z, Z 8 F. 6A5 te sus.sssp stein
the ruling. Observation-Disclosures
ZILpHA Shook. = (Wife of james
Shook) was present at the Array. linden
tilted the prisoner. Parties came at about
two o'clock. Deceased did not come in
till after the clock struck two. Prisoner
asked if he might come in, and Shook told
him he might Shook told prisoner to
make light. In his attempt he put the
fire out. A little boy brought fire from
the other room and made some light.
While they were kindling the fire deceased
swore and told prisoner to come out
Prisoner said he was not comipg-he was
too cute-he was going no further. Shook
asked prisoner where they were going, and
prisoner said to Catharine Knights. De-
ceased then came in. Prisoner said il
deceased jumped on him he would kill him.
Deceased went to the bed where Shook
was; witness didn't hear what he said. -
THer testimony was for the most part pre-.
cisely the same with her husband IS; it is
therefore unnecessary to report more oft
After giving her version of the affray ot
her testimony, we will only note such as
may be different or new. Prisoner sale
he wanted a drink and went to get it,
Deceased said "Don't go around az
Prisoner said 'Iwon't touch you withou
you jump on me, and if you do I'll GU
your jugular vein." Deceased got up ant
moved his chair as if going to set down
Prisoner looked around and just as h
looked back deceased struck him with hi
chair Attempted to strike again, ant
the chair flew out of his hands in the strug
gle. Witness was getting out of bee
and didn't see what followed When sh,
looked again her husband was showing
prisoner away. Prisoner seemed to hav'
one hand at deceased's head and the 9th
er was about his throat. Deceased ,fel
back, said he was dead man, gave lon:
! groan and died. -gs5sngp s5f 6as
There was quart of whisky in tn
; cupboard, and a barrel with whisky in be
hind the door. Prisoner said he, wanted
to kill or intended to kill deceased, ant
} would be perfectly satisfied if, Lish Bar
ker was by his side. When; witness frs
saw prisoner he was whetting his knife O
board-he afterwards. whetted it on hi
: boot. There was blood on the floor, cup
r board, chairs, and on Q box. wa
+ sprinkled about "sright smart, ra;assg:
Cross Eramination.--{ Con the cross
: examination the witness, forthe most par
repeated what had already been sworn t
either by herself or her husband. Som
few additional facts, however. were brongt
). out.) Heard prisoner say deceased wan
> ed to whip him Said he was not afrai
. of his manhood, but the d--d scoundr
J. would waylay him. Don't think prisont
if saw first blow from deceased. The cha
Il was rather light, and was broken some
S the affray. When Shook asked prisont
e why he returned to his house, prison,
i Il L..