Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-11-12
Trial of James sutherland for the
Murder of %. A. small.
THIRD DAY.
oct22 d4w

Court convened at So o'clock A. NJ, Judge
Finch presiding
Witnesses were introduced to show that Small
Vas reputed to be a dangerous man. a man
Who carried concealed weapons Small hid said
according to Robert Joley) that if ever Suher
land attacked him spoke to him he would
settle him This was not in connection with any
pistol he saw in Small's possession Small chr
a revolver.
Henry T DYE calleG-Small. talking about his
trouble with Sutherland. had said he WIS not
afraid OF him. Heard Sutherland called dirty
dog by Small who shook his fist under Suther
lands nose Sutherland had the reputation of a
peaceable man,
Several other witnesses were called by the de-
Tense aud gave in testimony about as above.
AFTERNOON
II r Fries called Worked in the and G
shop. Smsliis reputation was that OF a quarrel
some man: hao heard ; mall say that he wondered
whether Sutherland would swear 10 another God
damned lie or not This was after the trial of
Small before Gen Wilcox
Joel VI Day called Nothing material eci
ted
Lawrence Smith called. Sutherland's reputs-
ton. as pesceable MN. was good had known
him for yesIs: knew his father. Sutherland visi-
ted witness SINCE SmalI's death.
Mrs Cynthia Minick cilled. Had known
Sutherland for eighteen wears: never heard ANY
thing whstever against his character.
+ 7 Sinker called Had known Sutherland
since December. 81: mis- acquaintances always
held him to be quiei, peaceabe man.
Two or three other witnesses we're called. who
testified To the characters Of Small and Suther
land "a above
The defense here rested
Mr. Patterson being recalled by the prosecu
ton, said that Small was IN the habit OF practic-
ing with IRE arms. never heard any one say that
he Was a dangerous man. Small was a strict
partisan; pretty good on al argument. Small's
reputation was that of quarresome man, but
not dangerous. or malicious; witness had as many
quarels with him as, perhaps, any other nan
Archibald Thompson callsd.-knew Small for
niue years; worked in the shop with him; some
Considered him quauelsome. Others did not
Mr. Peacock ciliej-Small's reputation was
hot thai of dangerous man; never heard OF his
threatening any body; he was very fond Of his gun.
and liked 90 practice with il: he had his quarrels
with the hands in the shop. the same as any other
man; would get angry like any other man, but
that was all.
Mr. W II Steele called.-Had known Small
for Ia years: knew him in Liwrenceburg and
here nc was reportel high tempered
never heard ANYBODY say that he wasa dangerlu-
or revengeful ~.
Other witnesses we're examined whose tssti-
mouy went 10 show Smal's character rs given
hv those who preceded them Small was re
sarded a. a n no WOULD stick % to hi duty
but a, tie same time mild Kind OF man
jerome Small called Am son Of II A
Small, deceased, package handel me- the
morning after Mr Smali's death. bv Mrs. Nor
lere il contained shop KEYS. pocket book. knife
and umbrella Top, all taken from NV fathers
pocket.
Here tbe testimony closed
The argumen; for the prosecution vas com
mencea by Mr. Rowland He read the law fix
ing the crime OF which ;he prisoner charged.
ard then proceeded With an a5le analysis OF the
testimony. all. A. be contended. tending TO TX
the guilt oi the murder OF Small upon Suther-
land small. after Sutherland Produced his
pistol turne! To run, and Sutherland pursued
him and shot him down All witnesses concurred
IN saving that they saw no demonstrations of Vi
oleuce Oh the part Of Small. No matter what
SmaNs preuiudces were-nO matter what hiS
inhrmiues OF temper were-uo matter What aad
passed betsecn the parties OF that occasion
Small attempted 10 offer nu violence TO his sdver
I sary. he conclusion. then, WIS thst Sutherland
wN~ guilty OF pTeneiitatei murder. Nothing pro-
I ceedec from The other party 10 dis
! concert Sutherland he stood there aasteI
ofhimseif except lar as he VAS Ia
I fuenced oy some private grudge be held
against Small. Small was in the act OF 4 chs
| The ball discharged by Sutherland strack him Il
the rear Yet it will be insisted that Small va.
} a turbulent msn and Sutherland man n