, 1859-03-11
[lCAG0, FRIDAY MORNING, MARCH H. 1859.
FOE fHk
MUIR DER OF JAMES MAGEE.

40b oAA41.9 4E&EG4 1hA&fki0X.
TRIAL OF BRANCI6 BUBCE
, roR rHk
MUR0ER OF JAMEs MAGEB.
|
At Chicago, August 18th, 1859.
Cook COUNTY couRr OF Coxxox PLzA,, Fsnar
Aaz TEEN, 1889. suDas JoHx H. Wuao1
Presiding.
FOURTH DAT.
The evidence throughout tho forenoon Q
yesterday IVES simply cumulative. and gave dill
ferent se1sions Of essentially tho asme facts I
narrated in the testimony Of tho previous day
The testimony Of Dfa. Fisher and Ishsn, NJ Il
the injuries of the deceased contained nothin,
new or contested by the defence.
The first witness called in tho afternoon NJ,
ons Of the officers in whose custody the prison
er was taken to the lookup His eyideuce il u
tollows:
John Nezson, sz0orn.-Am policeman; VA
present 1t ths affair on State street; gnt there
| bstween seven and eight in the morning; dra
spoke to hr. Robin; did not know ths
Busches; officer Knight accompanied me. and
another do not know; after Lii. Bo2gs came
with some men; they went to work At The slde
had pointed pistol at than out of tho window
Ar. Boggs asked me to arrest him; said
could not do 1t without warrant; came down
town With Mt. BogKa; Capt. Nichola went up
wtta VI: cleres and arrested young Basch I
I In2aE7tpYx taken -ths tsakup; think the
men commenced work again % the building ;
young Busch came back: sst in tho saloon
nexs tbs bar; ho asked NE ii would pay 4
gsms Of euchro; told him no: paid no par
ticular attention after that time. until heard
| fkA rF ~,s- II -. - 4 :
Of him; helped take him down; asked him ii
he knew what hs had done: he said yes, h.
knew the consequences Of shooting man that
ho had done it IN the right; when we got near
the watch house be- asked what charge 10 wers
to prefer againat him; told him Is murders"
he said "don't with murder. but homicide; !"
remember nothing further Of convefsation b.
tween Us; now recoilect that prisonsr said
"tf hid had little mora time should hare
liked some more Of them," OF "two or three
more Of them;" hare forgotten which way hc
stated it; be said What be had done, was dono
in: protesting biz fathers property, and he
| would feel d,shoaored had he mt dana it; on
the HsY to the watch house he said he had to
ecfeT bis courage up beiore be could do tho
| deed.
Cross ezamfa<d.-The witness vas iuteryoRa-
ted IS to tho freshness Of bis recollection Of The
conversations referred to; Francis made no re-
the arm and neck; I had him By tbe other srm
saw tho marks OF Woods fingers on his neck
/ don't Teco1lect if there wos any blood but only
| = rednets; Francis aald al an going with You,
don't hurt me-" / them told Wood 70 take his
hand of his neck; crowd accompanied rs; 10
were the only policemen; the rest renamed II
the building:
Eduard Hart<ry, szcorn-Am q carpenter;
knew James Magse; was At work for Mr. Smith
the day he Was shot; commenced work at the
building on State street about O'Clock, Of a
little later; had been at work at the shop that
morning; Was sent to help take down the side
Of the house ssked Mages what should do;
Joseph Magee told nc to cut the house where it
was marked; l went to work; Francis Busch
told me- shfee times to stop; did not mind
him Nj. Boggs told us to fix a scafold; Ne
Eers doing 30 Jamcs Magee was on The lad
der; wea at Tho foot Of The ladder; Francis
Busch came and told him to stop; be nailed The
top Of The board; was working With my eJea
lowered; heard the pistol Tired and asF it IN
Frarcls Uutch's hand after be discharged it;
Msgee was Oh the fourth round Of the ladder;
was at the loot; the men rushed and caught
Busch; We helped MsRee across the street to
the drug store on the corner Of Van Ruren and
S&a1a Street, where he died; was about &ree
feet from Busch when be fired; - war
driving nail in the side Of the house when
looked at him last.
Cross Examin<d- Francis told Mcgee only once
10 stop; did not hear what be answered; think be
L
le@ed oil tile platform just below The wall; Im4de
llo tepIy hut Kept ut work when Francis told ME
to stop; made n" faces at him, nor motions
Vm. Il. >ficknfy stcorn-Am Magistrate; in
Ausn~t last de'cndaut and his father were brought
bro1. mr.. charged with assault with intent 10 DO
s@sAs'y jury 20 SOME Person unknown; no eri-
DE-: e. was taken; they waived examination anl
=l'e l1il to appear and Answer before higher
t4l1t
lllc prosecution here rested their case. At the
"u'Ft the District Attorney asked what line Of
hefiA-ce tue counsel intended to pursue. Mr..
Hoync stated that they were prepared to show
,llaa the land upuu "t,iet. tl1r bullng stood and
still. stood was the property Of the defendant
Mr. 3c1'roy, for the prosecution, demurred to the
nrccs>i'y Of that evidence as unnecessary. The
Court decided on admitting,
The defence put in evidence deed OF Sam. n.
Grapnis t, John D. Busch, recorded July 10Th,
1851, for south 10 Feet, lot ., block 100, School
section addition to Chicago.
THE DEFENCE.
John Tan Horn ssooTn.-Am surveyor; Was
county surveyor in ls49 on tbs 1lth Of August
1851 surveyed the lot tor Nj. Busch; in Aug
1858 examined tho old survey and iound The
stake planted in 1851; this was August 2olh;
there were different results from different re-.
cords; froua one Of them, disre9ardine Mr.
Bueeh'a deed of 1851, Mr. Bog8s' building
stands 445 1000 Of foot, or over five inches
over Dir. Busch's line this is the mos! unfaror-
dbA for hE. Busca; the next line gives feet
and %, 100 to Lit. Busch. from Mr. Boggs' claim:
the next, survey Of the whole section, from
the Madison street corner, tho intersection of
the south line Of Madison street With west line
Of State street, puts hr. Busch feet aud 22-lo0
on ar. BogRs' building; the fourth survey from
sePp st no :sto e Ss cs9 ssfs:sa s:, e. H
feet and % 100; have on this plat given each
block snd ssreet its place; surveyed for Mr.
Busch IN 1851; did not ruu a line, but took
sight; aurvaJed from corner on Jackson street
giTeu us BY Geo. ". Snow. tThe original plat
made By Geo. v. Snow. and On record, waa put
in &vidence) From this cornsr make he
lowest difference Of fve {5) inches and = frae.
t'ou now occupied BY Ar. Boggs, (The other
surveys were reviewed ~ befofe.)
Cross Examiatd -Bu1Teyed the lot for Mr..
Basch in ls5l Drove stakes tno feet long, Of
black walnut, in the rear Of lot; in front dFove
Iii: Bo9ga ten feet Of block nine {9). and Mr.
Busch ~ feet and 6,l0; tbs original width Of
theso lots recorded Was ~ feet and 45-lo0.
None OF thess surveys correspond with the
north line established in 1851 for Busch'a lot.
Ia masking these later surFeys found the line
established in 1851 found the walnut stake ia
the alley. In 1851 took the blocks 1888 and 1s7.
and giving Busch 10 feet a. his deed called for,
fixed thtsa nails in The sidewalk, establishing
the north line on this hypothesis. Ths south
vail Of Boggs' building is now somewhere about
ak inches soutA Of this line- / suryt1ed in 'bl
blocks. In These later surveys took ether start
ing points; this point in 1851 would give The
satne now. Was County Surveyor in 1851
started in that survsy from south lire of Van
Buren, and north line Of Harrison street. two
blocks, within street laid out took it for
1faDtAd fhtn that $hake I'm h1orkA ~nrn ,or