Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-10-04
NUMBER 40

he was very sick, and he wanted water; 1
called out to some of the men to fetch
some water; there was no one answered
at that time; | then seen Mr.. Brinker
and asked him if he wouldn't fetch
some water; Brinkef, er somebody else.
brought a tin cup Of water and said they
had to go to the spring for it; I gave
Hopkins part of it and set the balance
down beside him, and fixed the sacks
under his head, and went to. see about
moving Baker to the house; the men
had taken him to the house. I then
went back to where Hopkins was and
raised him up again, and he appeared
to be out of his right mind, and talked
about things falling on him, the timbers
not being fastened right above him.
and he was afraid they would fall on
little Tommy; said I would let the boy
fall in the cistern; he asked where Hat
tie was; he sprung clear out of my arms
where was holding him, as though he
was going to catch somebody; said he,
that little boy will fall in the eistern; i
pulled him down again. and he said,
Cooper, am so sick; Cooper, told
them men before that fell, that timber
was not right, and that it was not fast
ened, if they would have just fxed II
right, there would have none of this
happened him; and there 1 remained a
considerable time together; he asked ne
several times to take him home. and
said he wanted to go home; told him
to be still, and Mr.. Lang would be back
with his wagon, in few minutes, and
we would take him home in Mr..
Lang's wagon; Mr.. Lang didn't
come; he asked me if I couldn't get his
oxen and wagon and bring him home;
l told him thought I could; I then
spoke to Mr.. Blankinship and told him
to hitch the oxen to the wagon; he
done SO; we then put Hopkins in the
wagon, started home with him; I held
him in my arms all the way to his house;
We took him from the wagon and put
him in the house and fixed him as com.
Portable as possible, on a lounge; staid
with him short time afterwards; he
said he felt very much bruised on his
arms, and his head hurt him very much:
L then left him in care of his brother
Alfred.
@. At the time Hopkins first struck
Baker, was Baker in striking or fight
ing position, and had he any weapon in
his hands?
A. He was, and had three -pronged
pitchfork in his hands. At the time
that Hopkins struck the Grst blow, 7
seen Hopkins strike the first blow; I
seen Hopkins make the lick, but didn't
see the hatchet strike Baker. Baker
had the fork in his hand, and in Q
striking position with it; I don't know
but what the first blow struck by Hon.
kins prevented Baker from striking
Hopkins with the pitchfork.
@. Is that the stick with which
Baker struck Hopkins the first blowsf
A. believe this to be the same
stick; am very sure that it is the same
stick. The above Statement is as near
correct as [ can remember, to the best
of my knowledge. And further the de-
ponent saith not.
G. w. CoopRR.
John Mcdaniel being first duly sworn;
deposes and says: I know about the
hatchet that Mr.. Hopkins got from me
on last Saturday morning; he come down
to his new house, where was at work
and asked me if l knew anything of his
hammer; told him I did not, but sup.
posed that we had laid floor over it,
between it and the ceiling; then get
upon the work bench and looked some
for it but could not find it; I had ham.
mer belonging to some person on the
bench, and he asked me for it; told
him l could not spare it, for l wanted
it to draw some nails out of The old
work that l was tearing down; he then
asked me if [ could not spare him q
hatchet to unhead and head up his bar
rels. I told him | supposed I could.
He took the hatchet and started away:
that was the last seen of him until .he
affair was over. Itwas my own hatchet;
it was sharp when Hopkins got it from
me. And further this deponent saitk
not JOHN MCDANIEL.
Joseph Ashley recalled.
Mr. Hopkins told me that he had un.
ueTStOOu tnaL MT. BAKER had said that
he would give him mauling If he
came there that morning; I told hin
that if he didn't watch Baker he would
hit him with that club. He said then,
that be wasn't going to have any fuss
with him, if he could help 1t, but if he
struck him he would cripple or kill him;
| couldn't say which one of the words
he used; [ saw Baker strike Hopkins; I
don't believe he struck with the iaten.
tion of killing, but he struck a pretty
hard blow. And further this deponens
saith not. JOSEPH AsHLeY.
lAr. Lsri Nopkins'-Aftsr carefully
examining the evidence, and the law,
for and against you, l think thsre is
not sufficient cause for charging you
with the offense alleged against you in
the warrant; [ think it case of self de-.
tense, and not liable for further prossou-
tion, therefore, you are discharged a
Il C1py Test. ies.
SAMUEL w. soMERy1LLE, J. P. e.. s,J
Sound Doctrine.
co1 resDondent yrrifine FROM Waak+