Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1859-12-29

been much in the habit of wearing. Whcelet's
bsoss were then procured, taken 10 the plainest
tracks the route described, accurately fitted into
them and otherwise compared with them By Mr..
Buckmaster and Others and were found 70 cores
pond with them precisely. large bored rifle gun,
which appeared to have been recently loaded, was
also discovered at Wheeler's boarding house
Wheeler, his brother, Harris and Mrs. Ripple, all
lived in separate apartments of the same house.
Wheeler was then arrested, taken before Justice
of the Peace, examined, committed to Jail, and az
forwards took change of venue as above stated. On
the trial Ripple was stripped to the waist and his
wound examined by DR.. Borton in the presence ofthe
Court and jury. DR.. Borton said the wound (Which
was now entirely welD had the appearance OF a gun
shot wound, but might have been nude by sharp
pointed instrument. He also stated that BAH fired
into the body from the direction Ripple testified 1t
came would have proved fatal had its course not
been changed. THE other Witnesses previously
testified that the ball struck rib which changcdits
direction and prevented it, striking any vital part
of the body.l When Ripple was dressing himsclfhe
Inadvertently displayed "Colt" which seemed
large enough to carry him out of all further danger
The boots, coat and rifle above alluded to, and the
bloody shirt Ripple had on when shot were exhibit
ed to the Court and jury and the ownership OF them
az above stated was proven.
The defence introduced Abram Harris, Wheel
er's halt brother, the latters wife and one other
person. Harris testified that on Tuesday, the day
before the shooting of Ripple, that the prisoner the
prisoners brother and himself, had been hunting and
on their return home passed through Ruple's woods
and near the place where he received his wound that
he and his nephews were daily in the habit ofpassing
over those grounds for the purpose of driving hogs
out of their fields and gathering apples. He also
stated that he supposed he OF the coat on
exhibition and that it was left any and everywhere
on his premises, in the barn. she'd or on the fence,
or other place, where he his nephews, who often
wore it, saw fit 20 leave it. Harris explained di-
agram of his and Ruples farms and vicinity to the
jury I'VE may here observe that none Of the wit
nesses except Ripple were allowed to hear the others
testify The prisoners brother, Mr.. Wheeer's tes
timony was the same as Harris's, except that the
hunting took place on Sunday and that rain had
fallen afterwards. He also testified that during the
forenoon Of the day Ripple was shot the prisoner
plowed the whole OF the potatoe patch and that 1t
was "large half days work." Mrs. Wheeler tes-
tilted that about 9 o'clock on the morning the
shooting occurred, she stood on the porch of her
house and saw Miss 81. John going in the direction
of the place the Iattcrs father was working att that
soon after her the prisoner returned to the house
from his blowing to repair his harness which he
brought with lim-that he was not absent from his
pillow any time during the forenoon half an hour
( This witness was much confused and at one time
contraicted herself and she left the stand tears
trickled down her checks. Another witness was
introduced, who testified that a percussion cap
could remain on the tube Of loaded gun two
weeks without corrodins-
The evidence being closed the case was lengthi-
" argued and submitted to the jury, which. after
considering "the law and the evidence returned
verdict above stated
As the above report was hastily written, several
days after the trial. and wholly from memory, it
may be very far from accurate
Motions for new trial and in arrest of judgment
were made, and ovcrrulcd- Finally an appeal was
prayed on the ground that the Court trying the
cause had not jurisdiction