Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-10-04
THE STATE OF VIRGINIA
against
LEVI HOP XII N s.

Evidence taken before Mr.. Samuel ".
Somerrilze, Justice Of The Peace, IN,
and for the County Of Mason, State OF
Virginia, upon a aoarrant that I.assued
IN fauor of the Commonwealth, Us. Levi
Hopkins.
Thomas sayre being first duly sworn,
deposes and says: 1 suppose | am
about 39 years old, / reside on West
Creek, in Mason Co., Va: as near as |
can state the matter without prejudice,
when the fracas begun at MIR. Baker s
wheat stack had my back toward them:
| did not see the beginning of it; the
first that l saw was Mr.. Baker striking
Mr.. Hopkins with piece of broken
stick; next thing that [ saw was Mr..
Hopkins staggering, Or stumbling, or
something, under the straw carrier; and
as be fell under the straw carrier l
jumped into his arms and tried to get
the hatchet from him; while l was try
ing to get it from him he gave me a
shove from him; the next thing that /
saw after he showed me was Olr. Baker
with steel pitchfork six or seven feet
long handle and all; the next thing |
noticed, MIR. Hopkins was staggering on
past where Mr.. Baker was standing; as
he staggered past, I jumped into his
arms again; after l catched in his arms
to try to get the hatchet from him
again, he apparently drawed the hatchet
to strike me, and told me he would kill
me if I didn't go way; with that express
sion | was horror struck; stood in my
tracks; he then run up to Mr.. Baker
again, and he raised the hatchet to strike
at him; and there was /. man got between
him and Mr.. Baker, and as he raised to
strike at Mr.. Baker, he stopped and got
out of the way. Mr.. Baker made
several passes at him then with the butt
end of the fork; Mr.. Hopkins knocked
the fork away some way or other, and as
he knocked it away, he raised his hand
again and made the blow; he fell dead
instantly to the ground apparently from
that blow:
Question. What was Mr. Hopkins
doing when you saw Mr.. Baker strike
him?
-4ns,cer. I saw him trying to defend
himself the best he could.
Q. What sort Of stick did he strike
him with?
4. 1 don't know exactly; about
eighteen inches long and about an inch
or an inch and quarter thick.
@. Whereabouts did Mr. Baker
stfike Mr.. Hopkins?
i. l saw him striking him with
it, but it appears to me, saw him hit
him about the wrist with it; saw but
two blows, one with the stick and one
with the fork; l did not see the begin
ming of it.
Q. Was it the blow on the wrist that
you saw, that staggered Hopkins under
the straw carrier?
4. No, sir, presume not.
Q. What was it then that staggered
him.
4. I cannot tell; [ did not see what
staggered him; seen him stagger and
come to the ground on one knee, with
his hands holding to the brace of the
straw carrier.
9. What was Baker doing when you
jumped into Hopkins arms?
4. l did not notice him doing any
thing; l was in Mr., Hopkins arms try
ing to get the hatchet from him.
Q. What was Mr. Baker doing with
the pitchfork when you first saw him
with 1t, after Hopkins had showed you
away from him?
A. Well, just noticed him stand
ing with it in his hands.
O. How far was he from Hopkins at
that time?
4. l don't know exactly; as near as
| can tell, about ten feet.
Q. Was he striking at, or attempt
ing to strike at Hopkins with the fork?
Il. l didn't notice whether he was
attempting to strike, or did strikc with
the fork.
O. You have said that as Hopkins
staggered past you, you jumped into his
arms; was it the blow, or blows that he
had received that made him stagger?
A. do not know; [ did not see any
blows.
Q. Did any body have hold of Ba-
ker during the fight?
4. | did not notice any person have
hold of him.
Q. Did you hear Hopkins or Baker
call for assistance during the fight?
4. 1 didn't hear any one, only in
this way: Mr.. Hopkins says-men will
you stand back and see another man
crippled up in this way; that was when
l had hold of him the first time.
@. Did any body interfere then, to
protect him from Baker?
except myself.
Q. Did ycu try to protect him from
Baker?
A. I tried to protect him and to take
the hatchet from Hopkins to keep any
body from being hurt.
q. How many persons were present?
a. Well sir, cant tell you exactly;
only noticed one man near the fracas
besides myself; there was about the
usual aumber Of Lands about the ma
chine.
Q. Did no body interfere besides
yourself to separate or part them?
A. Mr.. Cooper | noticed trying to
help; that is all recollect about it.
Q. While Hopkins was staggering
under the straw carrier, and afterward
did he appear to be acting like man in
his proper senses, or like man partly
out of his head?
a. Apparently be seemed sensible
enough, as far as I know anything
about it.
Q. Do you know whether Hopkins
received blow upon his head-if SO,
describe it and the effect Of it?
A. Well, [ did not.
Q. Would you know the stick, il
you saw it again, that Baker struck
Hopkins with?
q. No. sir. I wouldn't: I Masn't