Smyrna times., 1858-05-13

= at him. | lived about three miles from whc
t Downham lived. Caesar seemed to be vel
S angry and excited. Downham, when | sa
!, hun afterwards seemed very much frightened
i IL was the night of the first or second day
! Oourt when Caesar came to me-
: Thomas Minner sworn. Had conversa;io
WIN Caesar Lewis; was going to Berrytown
saturday evening before Court, fall of 1852
sald ne had to attend Court, but said h
wouldn't go; "l'll never go; I'll shoot hin
Dead or he me, before I'll go" Next Tuesda
l neard he and Downham had their atfray.
Edward ID. Millham, sworn.-I know Jas
Andrews. | had a conversation with him il
January last. He worked with me as a car
penter in Berrytown. Him and me were going
I home; we got talking about the Downhan
case. asked him if he had heard the talk thai
he was lying in wait for Caesar Lewis. He
asked me " could they iniure me, if had laid
IN wait for Caesar Lewis" | told him I'd
heard OF cases where two parties were charged
wl:b the crime, and one party would turn
States evidence and get clear.
Charles J. Downhais, sworn.-I remember
fathers carriage being shot at night. His hat
was shot. Father appeared to be frightened
about It, After that they put up bed quilts to
the windows; had not been in the habit of fdolnr
that before.
Cross Examined Mother then lived at Mrs.
hemP's; Mary Lizzie kept house for fathcr :
she went away when father went west.
Thomas Cook swOrn.-Saw the carriare of
MT. Downham after 1t was shot; went with
Downham TO get Caesar To come to court TO at
Iehd his trial He wouldn't go. His wife
opened the door and told him to run lie did
start 10 run; we caught hold of him. His wife
run out with a stick Downham took it awav
and run, it was the same night it is SAID that
MI Downham's carriage was shot: his car.
rage was one seated it was shot then. lie
then went towards home by John Scott's house.
Ihere Is a big wild cherry tree near Scott's
mousse. We went to take Caesar to Dover
ABOUT cutting some timber 1t is about three
quarters OF mile from Caesars house to the
" nitehaIl road; one mile from there to Bills:
al ana 'hree-quarters of a mile from thence to
OoWhham's by the carriage road. There is
Foau across the Owls Nest woods Coming out
near BIlls. left Downham at Bills. Shortly
llter he left and before he had time to oet
iohle' heard the report Of a gun in the direc- |
ION ne had gone; DowEham had no gun with
lin.
~, TUESDAY, 10 o'clock, a. M.
me Court resumed the consideration of the
tate VS.. Joseph Downham.
james Andersoa, sworn.-In 1852 lived
lose by Whitehall; was acquainted with
,aesar Lewis. He was at my house; asked
I'm now he came TO shoot Mr. Downhan. ba
ld' That's what the d-d-s-n of b-b
OF Tor meddllng in my business" This wos
ne day after saw Downham's hat and car.
age shot. | moved TO Illinois last fall Cacsa,
ad been to work for me-
Observation-Disclosures lived abort ,,,,, ,
lies from me; kept gun; sa W it whencver
went there; have never seen Joseph Down-
im since lett for Illinois, until came back
're' lew days ago. Never saw Lewis since {
dt AZ morning he came to my house. h
Defence here closed h
olate called IN reply thirteen witnesses. who L
stlhed that they knew Andrews-most ot
vth 81, MS hel@hbors, and that his reputation for o
ling truth was good. II
Esnteep witnesses were then called on the L
II OF the defence. who testified that the char. o
Yer OF Downham was that of a peaceable.
let ci'lzen, and that Anderson and Trbett j
llh '''s Tue !,
Inc testimony here closed on both sides. at W
1iocK' a. NJ. Mr. w. c. Spruance, Dep "
n's9'"ey General, made the opening argu- II
~, = - eSsrs. SALISBURY and Smithers followed to
y " r. I lsher closed. After charge from &C
court, the case was given to the jury at 6 II
'iock' +. M. AT o'clock the Jury returned
I'M M. their room with a verdict of-Not Gniltv CO
The whole of Wednesday was occupied in ia
ing the case of John II. Bewy VS.. james Il W
ick' to recover the value of horse. Thirty. til
witnesses were examined, after which the at
vyers agreed to submit the case without or
'adlng' and the jury returned after few W
nutes absence with verdict of mo cause II
action. T;
N. B. Smithers g. Jos. P. Comegys for plain. tn
!. Geo. L. Fisher and Willard Salisbury for tn
fendant. 20