The daily press. (Cincinnati [Ohio) 1859-1859, 1859-04-18

bad told him that Fish had nothing to do with the
more than pin scratch and was done accidentally
0Ge !9nes s stated thSt he hSd visited Pet this
1ocsnt Of the shooting; that sarver committed tho
The Prosecuting Attorney entered nolle, and
Fish was tboreupOn honorably discharged, and the
examination Of Sarer commenced.
TESTIMONY FOR PROSECUTION
oficer Jones testhcd--About o'clock last Tuesday
evening" was standing in front Of National Theatef;
Petit at the Narrow Guage saloon, few doors be-
started with him TO the station house; on the way
asked fim what he had doue he replied The Petit
- - TO strike me when am SICK Locked him MP
-, Or. Tate testlhed-Was called to see Theodore
ettit at his residence in Newport, KY, between eight
found him lying on a bed in Considerable pain; his
clothes had been previously taken Of. Upon exam
between the right nipple and the breast bone; probed
ne wound but was unable to discover the location Of
the tie ball. saw him this morning, and consider his
Capt Hawley stated--Am an officer in the y. s.
Army; was at Pettts Saloon on the afternoon of the
drinking etc,i stayed but minute or two, then went
%ard heard consdora6o noise going a on Sdc s ss
yer was standing on the pavement In front Of Pettits
Come out on your own pavement and III shoot YOU
oLng Of the disturbances in tie house V'''' NO"
barny Mulligan-Had some words with Sarver;
made up; sSryer told me he had lust had difficulty
with Tie Petit; said ''If Petit had come out of his
showing him a pistol. '''I "''''
James ,fiiii Hill testaed-Tuesday afternoon sarvcr,
Fish and Fennel came into my house. No. III Front
just had fuss with The. fettit said Petit threw
some one handed him pistol Afterwards; he then
won't out Of the house.
r. r. II Singleton says-Was passing the Marrow
Guage Saloon, on Sycamore street, near Third Tues
day evening between seven and eight o'clock heard
the YndGW glass 'front.' and SAY th
ybo0 .I,i ad m Iid ot oarer yan ooG ss soo o
words; a difficulty commenced, and i stepped inside
saw Saryer with a pistol in his hand saw him shoe
Petit.
fore he shot him.
John Kelly says-I am painter by trade; live9 fey
past six o'clock, Tuesday evening last, on the pave
mept in front Of Pottit's saloon; he had pistol il
III fix you on
Joseph McMannus testihcd-Was at Pcttits in tn
there during the difficulty; met Saryer afterward; Ia
remarked to mc-"Thcre should have been hght to
have been, suppose S''' was between the ' two priz
fighters. ,,....,o-, n,
Robert Jones testihed-A Am barlieeper for Mr.. Pet
tit he keeps saloon the corner of Front and Con
g@rGss @ streets; Tuesday afternoon a party OF abou
rounds, went into the back r9Sm they had not bee
Anderson had difficulty; ,SsrreE interfered whe
MI. Petit caught hold OF him; tiSh then went o!
do with the party sarver made another attempt
n get into the crowd when Petit run him up in
ner, and told him to keepstil that he would have
= difficulty in the house; Sarver then ran out ON Il
pavement, and, holding pistol in his hand, said
Petit, Come out on your own pavement, you -
-, and ii blow your brains out"
Cross-eXamined-S Petit throw mineral wat
bottle at sarver when he wasout on the pavement,
last saw ssfver and Several others at the bar som
thing was said about difficulty between Sarver al
Pettit at this moment Petit stepped in; DR.. Brow
had the two to shake hands and make up; Petit sa
= to Snryer, You called me A. of ia, you mu
NJ take 1t back" did not hear the repy heard report
pistol Petit and Saryer were clinched at the time
- po, ruv npvvxsr
Thomas Fennel testihed-Was with the party
D. drank several times at the bar, then went into
"a back room; were drinking wine and singing; And
" son put his foot on the table, when Fish said
would have to DO fined the drinks; Anderson got mi
yer interfcrcd caught hold of Fish, and said tn,
he should be no difficulty in the crowd Petit I'll
t caught hold of Sarver, ran him up in a corner a
al put his hand over his MOUTH he repeated this seve
y, words then passed and Petit called for p,sfo
was laid on the counter aud he took il M roinc(
toward Sarver, who then ran ont Of the huuse:
stopped on the pavement and said 10 Pettit, ''Co
NJ, out and I'll 6ght you:' Sarver then went AWAY: \
'N at the Narrow Guage shortly nftcrwHrG; Sarvcr
e Petit mot there; had some words; Petit struck
yer; turned my back and heard report Of pistol;
e. not know at the time that Saryor mad pistol abb
him; don't know who shot
The testimony of Milton Armstrong corrob0ra
the above, as to the difficulty in the House of Pet
Armstrong was in the back room when Soryer was
lis the pavement did not hear the Conversation botw
=, Sarver and Petit; went up town with Petit shor
ill after the dcuty Petit said Saryer had called
.ej a of -, and that if he did not take il back
10 would whip him before morning; know moth