Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-11-10
Trial of James sutherland for the
Murder of N. A. small.
FIRST DAY.

In the Marion Circuit Court. Judge Finch pre-
siding this case was called Yesterday The fore
noon was spent in empaneing Jury For the
State. Hon Joseph r Mcdonald and W w
Leathers For the defense. Sims A. Colley and
VIM p Fishback
In the afternoon the first witness called was
Matthias Shelters. He said, | came up here on
the 81 of August last | was at the corner OF
Washington aud Benton streets on the fh. |
two men together. One was tumbling in his
pocket for something. The other was about four
feet behind. The man who took something from
his pocket tired upon the one behind | though
II he WIS in earnest he had shot too low The
man behind turned and ran toward the bank Ii
was about half way betw cen shutdown and dark
the FIRST fire from a pistol, Judge from
the fash; when the second fire was delivered the
man running some fifteen steps ia advance.
when he Tell. The man who fired the second
time Strengthened his arm out and fret steadily
| did not know either of the men | saw the
man who was shot after he fell: he died right
there. suppose within fifteen minutes: he Was
bloody from his left hip down Some ueghborS
had brought a bed quilt. and be died on that
saw nothing in the hands Of the man who was
shot; if he had arms | did not them. In the
hands Of the man who did the shooting | saw a
pistol: that nun walked of with II in his hand:
arms taken from the deceased man. The
last saw of the man who did the shooting, he
was walking away.
The cross-exa ulination of the witness corroso-
rated his testimony IN chief lie could not tell
whether the pistol was drawn frum the mans
coat breeches pocket. At the first fire the
parties were not more than four fee. apart. AT
ter that the man shot ran STOPPING. AMI pur
! sued by another shot. Witness WAS certain he
saw the tire from the muzzle of the pistol a, both
shots Only two shots fired Ii there I'D
been more he would most certainly have heard
them Had heard the man who hid done the
shooting ask two men ii they did not see that
man crowding him. II was dark when they
! took Small's body away lie died in fifteen
minutes after the first shot, aud removed in
tive minutes thereafter
Christopher Hickman called-Saw two men
on the 4th OF August last, near the corner of
Benton and Washington streets One of them
was running had heard some shooting previ
OuSy The parties were not quite "A square off
Was standing Ia the door OF the Bates City Mills,
ON the north side OF Washington street The
man Who did the shooting remarked to persons
as they passed, that they need not trouble them
selves about him. as he intended 20 deliver him
self up. When | saw Small he dead. lying
in the street The mAn who shot him is The
prisoner. He did not get out OF my sight until
be arrested / saw the pistol taken away
from him. IL looked like revolver
The cross examna ion of witness elicited no
thing new The witness had said that ii biz ia
ther WAS killed in that way. he would call the
man out OF the house. who did il. aud shoot him
Charles Fisher called -On the evening of An
gust 4. 1868. about o'clock. sitting in his door
witness saw Mr.. Small running. on Benton street.
heard the report OF pistol, and saw Small clap
his hand upon his left side. and heard him halloo
a. loud "a ne could. Smtii ran 40 tut fifteen OF
twenty steps further nj d fell, and afterwards
picked up dead. did not see the who did
the shooting: saw no arms about Small; WAS
with him when he died: said that Suth
erland lad shot him: followed Sutherland, and
saw the butt end OF hs pistol in his right breeches
pocket; Sutherland told him tina, he need not
follow him, as he intended to give himself up;
heard but one report OF a pistol. DID not see
Sutherland before the firing
Nelson BuckisR called-l was somewhat ac-
ouain,ed with Small snd Sutherland. Was
socatsd with tissm ia the & machine shop
One afternoon Sutherland said that Small was 4
man who would tell lie maiciously 10 iujnre
another: lhat he bad 80 Injured him. ana he would
not leave town until he had satisfaction. This
was about toree days before the killing OF
Small.
: Elizabeth Groves called Heard the report of
a pistol; SAYS Mr. Small fall; went up TO him; saw
Mr. Sutherland pat a pistol in his pocket: saw no
arms on Mr.. Small, heard but one report OF a
pistol heard nothing else but the groans of Mr..
Small: saw Mr. Small when dead
Albert Frauer caleb Arrested Sutherland
after be had killed Small took bis revolver from
him; gave IL to sheriff Robinson within ten min-
utes after he took IL from Sutherland: be gave il
I M in the samc condition be took il. When be
arrested Sutherland the latteg remarked thai vii
usss was putting himselfto unnecessary trouble.
that he was on his Wv 10 the Sheriff 20 surrender
himself his attention was attracted by mel
calling stop that man. he has killed another. >
Sheriff Robinson csiied-He corrpborated the
testimony of previous witnesses. Produced the
pistol which had been kept locked in his safe
since Frauer delivered il % him On one tube
the cap Was Off The next barrel Was empty
The other four barrels were loaded-three we're
capped
Benjamin Groves cslled-The testimony Of hi:
ras in substance the same that detailed by
other eye witnesses. Witness thought he heard
two n ports The second report YES the loudest
Saw no arms sbon, Small. Know nothing OF
the origin OF the difficulty. Did not know either
Of the men before
} The Court adjourned at 41s o'clock until A
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