Litchfield enquirer., 1862-11-20
Superior Court, Nov Term. 1869. ,JuDsE WALDo PREsJDJNc.

and cent costs.
 MONDAY AFTERNOON Nov. 17rH.
 iState rs. She,man CogsaceN- for manslaugLt .r, in killing John Jacobs, at Wash ington, on the 4th day of October 1862. Coun- sel for prosecution Chittenden and States Attor- ney, for the defense Hubbard and Seymour.
 The following jurors were impanneled in the case
 Ezra Ferris. Foreman New Milford.
 Randolph Hill,
 Wm. $. Hurd,
 John w. Addis,
 Isaac Morse, Ltchfsld
 David c. Bulkley,
 Jacob Morse, Jr., "
 James B. Peck,
 Geo. B. Hall, Kent.
 Richard Tibbals, Norfolk.
 C. NJ. Ryan.
 Wm. B. Ames, Morris
 WITNESSES FOR PROSECUTION.
 JAMES D. BARroN-On the 4th day of Octo- Der. 1862, heard noise and loud talking. and in some 10 minutes the first thing 1 saw was Cogswell thrusting crowbar at Jacobs endways. Jacobs was not in my sight then, l saw his fists moving towards Cogswsll, and thought he hit hin and then grabbed him on the shoulder, this , after this saw Cogswell strike Jacobs on the head with the bar and then he struck him the second time and he fell and went over to them and found Jacobs sitting partly up, resting on ore hand, and was vomiting said to Cogswell, this was pretty savage or harsh treatment, and asked him why he did not take his fists and knock him over. or grapple in with him and down him, and he replied that Jacobs was a stouter man than he was. l then said I world not work with him, or something like that. Cogswell said he had told his father he ought to get rid of him as he was dangerous man to work with. stayed there but few minutes. was in tie house writing when first heard the noise some 20 or 25 rods distant frosl where the uFruy occurred. heard the report of the last blow, standing in the back door of my house. The reason could not see Jacobs was because he was behind chimney; when I got there Cogswell was standing with the crowbar in hls hand Jacobs was four or five feet from the north end of the building, where I found him lying On the platform, had no hat on at the time Nothing was done for Jacobs while remained there. l then went to the Post Of ice, stopped in front of my house, told my fatker and uncle about it, then met Isaac Brown of what had happened. did not see Jacobs till the next day (Sunday) after bis death it was between 9 aud 10 o'clock. 1 did not ex- anime his head when saw him on the ground The first blow staggered Jacobs.
 Cross E.rani4eti by Hubbm d-I was in about six feet from Jacobs when talked to Cogswell. l had seen Jacobs several times, but was not personally acquainted with him; he and Cogs. wei! were at work at an old hearth stone. Ja- cobs, by his looks, was strong, athletic man. 1 noticed that Cogswell's shirt was torn. Jacobs groaned once or twice, but did not speak word while l was there. Cogswell looked white and pale when got there. l saw blood on Jacobs face. After the thrusting of the bar saw no more of Jacobs fists.
 MRs JAS. D. BARToS.-I saw prisoner knock Jacobs down with the crowbar before this I heard loud talking. was standing in the back door of our house. first saw Cogswell punch at Jacobs with bar and then it brought out Jacobs where I could see him, north of the chimney, and then he struck him twice with the bur- and then Jacobs fell. 1 hear the last blow distinctly the first blow sent Jacobs reeling, and he was in this position when the second blow was given. 1 heard what I supposed to be Csgswell say, you old devil you, you are now up in tine corner, and all you can do is to curse lie and swear did not see Jacobs use his fists at all.
 
 and myself were standing in the door together. thought Iknew Cogswell's voice.
 MARIA McCASH-I heard noise between two per ons, I went to the bedroom window and innk ad out and saw Sherman Cogswcll and Ja cobs have hold of each others shoulders, and in few minutes they let go. Jacobs said he would run crowbar through him. and picked up one and Cogswel seized hold of it and they remained in this position some minutes when Coeswel got it away from him and flung it down on to the floor this was the largest crow. bar Jacobs said hs could break his damned head open for him. Cogswel said, do it if you are mind 10. acobs said he could do it and with stone too Cogswel picked up the smal lest crowbar and .went to prying up hearth stone picked up the largest crowbar and stood it by the east side 0 the chimney; they were jaw ing all the time. Cogswell told him he looked like paddy, acted like paddy, and everybody took him for one when going through the streets Jacobs said he was not paddy, he was damn. ed liar. Cogswell told him to take his pack and clear out, Eff you had been my hired man you would have left before this time." Cogs we'll said he was a thief, liar and rascal. Ja- cobs said h5 was not thief, but Cogswell was Jacobs then began to shake his fists in Cogs wells face. Just then Cogswell then went after small stone to Put under his crowbar, and then sad to Jacobs, take pitchfork and run through me, they say you did to one man. Said "pick up another crowbar and will take it away from you. l took one away from you and turned toward my house and said "did nl l." then said to Jacobs "n now you are cornered all you can do is to curse, swear and lie." Cogs we'll went back to work and Jacobs shook his fists in his face. Cogswell told him to clear out and then he shook both ists Cogswell told him to keep back At this time l went out into the kitchen then returned to the window and Cogswell had the crowbar raised and struck him on the head, aad Jacobs salliel back on to a frame where there had beel door, and as he rallied to get up Cogswel struck him aga and he fell. Cogswell stood and lookel at him d minute and said Il guess 1 have killed him. In few minutes more Jacobs rolled over, and CogswelI said 'rell, John, have not kill ed you , and am glad of that" In a few minutes more Jacobs got up and walked little ways. Cogs we'll said sit down or you will fall off Cogs- well then helped him to sit down ard tried to and put it on his head. Jacobs lay down and CogswelI went back and went to work at the hearth stone. It was about twenty feet from my house to where these men were at work. Jacobs fell with his face towards the north when Cogswell struck hun the first time he stood the right side of his face towards Cogs- we'll Jacobs was fighting up when Cogswell struck the second blow. When Cogswell struck the first blow, Jacobs was not offering to strike Coyswell with anything.
 Cross Ecan,iued by Ssynom.-The teams were on the road side Jacobs drove one team and Cogswell another. Saw Jacobs offer sev- eral times to pick up stone, but he did not pick up any, though no one hindered him. IVh,n I,o ,,,,nr his Ecfa in, Rs.oo bo