Litchfield enquirer., 1862-11-20

CToSS- -EcuHtIhe0 Oy ScyWONT.-JacobS SWOre very bad. think he damned Gogswelf twenty times.
 MRS. JAMES D. BARTON (re-called). ).-Cogswell struck down upon Jacobs with the crowbar.
 JAMES D. BARTON (re-called) ).-Cogswell struck down upon Jacobs with the crowbar. had conversation with Dr. Edward Lyman, on Saturday after he came from doing up the wounds. I told him the first blow staggered him. and on the second blow he fell like beef creature. The first blow was a lighter one than the second.
 MARIA McCANN.-Cogswell struck, in giving the blows down onto Jacobs head.
 Prosecution here rests in chief
 EVIDENCE FOR THE DEFENCE.
 HENRY NoRToN.-I am County Surveyor. I made map the 2eth day of October last. Deas. Patterson and Whittesey were the Chairnen, under oath. Map exhibited.
 AUGUSTA BIssELL.-I was at the Robert Cogswell house. l heard loud talk, and went out and saw Cogswell and Jacobs both hold of a crowbar. Cogswell said this makes twice you have come at me with crowbar. Cogswell got 1t away from him and set it down by the chimney, and then took up the smaller crowbsr and went to work, and Jacobs stood over him swearing Cogswell said Jacobs, I don't want to fight with yon." Jacobs then told Cogswell he would run him through with crowbar, and smash his brains out with stone. Cogswell replied 'y6u have acknowledged you ran p'tehf"rk through one man and had to leave the State; if you had been my hired man you would have quit long ago." Jacobs then stepped out and struck at Sherman with his fists, and then Sherman struck Jacobs with a crowbar, and he fell He then said II don t know but have killed him, and am sorry" Ilnn Ina nd -;,>lo shake his fists in Cogswells face several times. but did not see him strike at him but once.
 Cross Examined 6y CAiheaden-I went over to the building after Jacobs had vomited first
 DAVID C. WHlTTLEsEY.-Am acquainted with defendant; live within about three miles of him !; bis general reputation is that of mild, peacea ble, quiet man.
 JOSEPH E. HATcH-The character of prisoner Tor being apeaceable, quiet man has always been good, very good.
 GOULD c. WHIrTLEsEy.-- His character as peaceable man is very good.
 The testimony of Rev. J. H. Strong, L. P. Chamberlain, Dr. K, w. Hatch and Dr. Hawley were to tho same point.
 DR. JOSIAH G. BEcKwTH.-I heard the testi- mony of Dr. Lyman given yesterday /; from his testimony should judge the blows to have been given from downward and upward bow-more upward than downward. The effect of blow IS not always in proportion to the blow there was undoubtedly rupture of blood-vesse that produced extravasaton of blood on the brain, and such cases uniformly produce death
 DR. A. l.. LEwIs-I heard the testimony of Dr.. Lyman from his description of the wounds they must have been made by lateral upward blow.
 MRS. ROBERT CoGswELL.-I am sister law of prisoner. 1 heard the noise and stood at the window awhile, and then I went out to the board fence, and there they were struggling owe, tho crowbar. After while, Cogswcll got il away from Jacobs, and said, "This makes twice have got the crowbar away from you You have made your brags that you had run pitch fork through man. but you cannot run crow bar through me-" Cogswell requested Jacobs to go about his work, as he did not want to fight with him. He then requested him to take his pack and go, and if he had been his hired man he would have gone before. He called Cogswel damned thief, liar, and paddy-stepped up to Cogswell, and swung his fists and threatened him. Cogswel tried to go to work with his crowbar, but Jacobs would not let him. Jacobs said he would smash his brains out with stone, and would run a csowbar through him if he could get hold of it. Cogswell says, "John, you are more angry than you was while ago. = spoke to Cogswell, and told him to come away but he said he must not leave the ground Jacobs came very near hitting C. once, and l thought, did hit him. l saw Cogswell strike Jacobs with the crowbar did not see but one blow; saw Jacobs fall. He lay few minutes and then got up and vomited twice. He stood on his feet. 1 heard Cogswel tell him he had better sit down. Jacobs was in a rage and very violent. They were very near together when the blow was struck with the crowbar I saw Cogswell ward off the blows from Jacobs There were stones and bricks lying about where they were.
 Cross Examined by CAiHcnden-I was a good deal excited at the time, and did not go to them. l heard Mrs. Barton tell her husband to go over there. She was standing in her door at the time. When started to go to the fence they had hold of each other. Jacobs had moth ing in his hands after he let go of the crowbar and when Cogswell struck him. The blow wa | an upward one, and not dowuwards D. c. WHITTLEsEY.-Barton testified before the magistrates that Jacobs did not go north a: he came out of the corner from behind the chim ney.
 JASPER P. BREwsTEE.-I knew Jacobs some. thing over year ago in Cornwall. Defence offered to show that Jacobs was violent man &c. Prosecution objected, and the Court ruled the evidence to be inadmisssble. MRS. CHAs. CoGswELL.-I am the mother of prisoner. Jacobs lived at our house about two months and Sherman lived at home during the time. Jacobs appeared to owe Sherman spite One evening while pairing apples he used i'm proper language to him and shook his fists at him said God d- you. This was before Sber- man said anything. Johns language was too indecent to speak. He looked angry. Mir. Cogswell my husband had to speak to John twice before he would stop Johns conduct was such as to make him afraid ny g band spoke twice to him. Sherman told me several times that he was dangerous man, and requested my husband to turn him off, Johns eyes looked wild and frightfu that evening It was week before Jacobs died. Don't know whether Jacobs had any Iquor.
 Cross Eransined, d,-Jacobs went to bed after the performance. Sherman said that night he would turn hun oh--if he had hired him. Sher. man and he had worked together having.
 They worked together some of the time but not all the time. John was not there all the time.
 JASPER P. BREwsrER.---Jacobs was about 6 feet high, boney, muscular man, stout.
 ISAAC c. CRoFUT.--Jacobs was stout mus cular man, worked for me sume, used to run al. ways when he started for dinner. CHIrTENDEN AsIDE-He might have had to run so as to get his share.
 JEROME BlssELL.-Jacobs from appearance was strong man.
 OSCAR BEEMAN.-Jacobs was a strong man to all appearances, about 6 feet high. l think g stronger man than the prisoner.
 Defsndant rests.
 SIERRA WELLs.-On Saturday after the news of Jacobs getting hurt. Dr. Edward Lyman