M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-06-27
State W. Geo. NiclxIe- Abolition
VS.. Mems Rights.

vs. Geo. Nickle came OF before Esq.
Kingery. j. N. Spear, Rev Abo.
litionist, was the prosecuting witness;
the facts elicited on the examination
were as follows: Spear swo'e, that on
Monday tho 18th inst, he called on
Mr.. David Bay, who is one of the
trustees, for the nse of the Presby;e.
ran Church in Macarthur to preach in.
at future time Mr.. Bay told him he
could have it, if he did not preach
abolitionism, Spear replied he might
or be might not preach against Sla.
very, when Mr.. Bay, being unwell
went into his house. Mr.. French,
Eaglebery, Lowry and Deft. we're
there at work for Bay in building q
house. Spear commenced talking to
French, as he swore by quoting the
Declaration Of independence. that he
quoted it correctly, that all men were
born Freeand sgualand endowed with
certain ateina6te rights" &C., aud
used other arguments to prove the
of the races, when Def. or.
dered him to leave, as he was an abo.
litionist. Deit. repeatedly told him to
leave, and gave him five minutes to
leave, which he refused 10 do, when
Deft. caught him by the arm and led
him towards the gate, out Of the yard,
when Spear caught hold ofa post they
were passing, and Deft. pulled him
loose, whilst at the post, Bay came
out of the house and told Dett, not to
hurt him, Deft. replied he would not,
but swore he must leave, and Deft.
led Spear on out of the gate, and re.
turned to his work, telling him lie did
not intend to hurt him, but to start
him of. Bay, Lowery, French and
swear that De!t. wac then
at work on tue job, and that he used
no more force than aoas necessary, to
get Spear out Of the yard, and Lowery
heard Deit. say distinctly, tina: he did
not mean to hurt him. AT time
when all are excited, like the present,
it becomes necessary to know what a
mau can do lawfully, to rid himself of
these nuisances in the shape Of Abo.
itionists, who are prowling around
doing all the mischief they can, under
The garb Of the Gospel, for it seems we
are to be cursed with Anti.christs and
lYpocrts in all time.
Now we will just say to our readers
hat the laws Of Ohio lays down the
'ule in such case as follows:
"If a man enter your house, or go on
your farm, you must first request him
o depart, before you can justify lay.
ng hands on him for the purpose of
,emoving him; and if you should i'm
nediately thereafter rush upon him,
'efors giving him time to comply with
'our request, you would be guilty of
% assault and battery; and even if he
efuse to depart, you have no right to
se more force than is necessary to
emove him, and at the same time
'rotect your person from injury. If
he trespasser then use force, you may
oppose force to force; and in such a
ass, if you are assaulted and beaten,
on may justify wounding and dis.
bling Of the trespasser, in self defense,
8 lie above mentioned"
In this case of Assault and Battery,
Isq. Kingery held the Deft. in bail
100 for his appearance to next Term
f Common Pleas. Under the testi.
lony in substance as we give it, and
nder this law. The only question in
ne case was this Deft. clothed with !.
le right to act, when he was not the
wner ot the premises; we say owner.
nip is not necessary-possession is
lfficient, and if men are at work in
lwful calling they are consIructively |,
possession, and no man has q
ght to stand byand annoy, and at
,mpt to ram down their throats, ,abo.
ton, secession or any other doctrine,
tier they areasked to leave. Whenour
,ourts authoratively lay down a diff |;
ent rule wewill bow in submission,
0! before.