Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1864-12-07

mot distinguish enc man from another of the
same sizo /; could distinguish f9.mE EoI
faces -
yohH Mzs!endS-Livec lwo wears il
Niles ; when Ward was killed ! lived In u
house opposite drs. S~tephenson's house !
that night I was up stairs at the window /;
heard y woman on the track, heard Il wo-
man say .yuu put me out of my house. you
God damned son-Of-a-bitch :" saw Frank
and Mrs Stephenson and another who /
found out il was Jas. Ward Jr. l heard
James Ward say Il nave neither gun or
revolver, shat if you 20 into that house
tonight, YOU are a dead man z" l saw
Franks coat come by the corner Of Mrs.
Joyce's house; heard the revolver soon Rf-
ter he then went up To the house and said
"the next God damned man that comes in
this house tonight will be q dead man." the
men followed Frank down Frank said
"he has been in my road the !sst 70 years
and ! have Just popped him down " the
people Of Niles didn't like my testimony
before the Justice I did not state this on
the trial before the Justice ! hsve been
arrested fo- perjury on the trial before the
Magistrate in this cause, and an ncv under
arrest.
Ccsss-Ezamtnsd Jy Nj. Forr.s;.
Saw 10 affidavit; no warrant TIE eB-
&c: told ne if / would not come ne would
compel me 20 coI3e. HAD gone up stairs to
go TO Red could not see the shooting BE-
cause there was g tree u tae way saw
Robbins white Goat pass tne corner Of
Joyce house and Immediately after heard
tina shot Ar. Taylor stopped nc OF !
would have ;oLd that before the Justice /
:cld James Ward u. that Dir. TGyicr step
ped ard prevented ne from telling he
whole story In reply &C the Court
Frank ssid - was here before TIE Wards
cane and will BE here whea trey are gone"
r. Il. Saida.a-Wss c. the scene OF he
horaccide the next morning after it occur
Ward fell I ssE ciadeTs, plenty Of them,
o. the ground Gn Constable and deputy
Sheriff.
Cross-E=aminsd BY Frrsst
Had L subpoena for him when I went for
hin TO Cincinnati. A paper is shown &c
witness which he had il his pocket when he
I vent for Lul.ender to Cincinnati. (Mr.
Taylor reads warrant issued for perjury
against defendant by Justice Carter.)
Emery Edlrdrds-Live in Miles was
there the night of the killing of Ward.
| Wards son told him as he was going to-
| NhEQs hODOlUs LuEl IAOOOlus u6Q y EeNOlNGI
and not to go. Ward told Frank that If he
went into that house he would be q dead
man before morning was about % feet
from him ut the time ; did not see Frank ct
that time and did not hear any reply from
him. Went to Andover on my own sug-
gestion.
j. @. Wilsoa-Live in WeathersAeld
Ward was E pretty high tempered man
had that name al least when be became
excited he would try to defend himself. !
had some difficulty with Mr.. Ward about
some oats Ward got msd and said be did
not pay money for oats wanted TO pay
half in money and hElfi in goods told him
/ would not take goods. Rice Efts wards
paid me the money.
Cross Examined by Mr. Hutohins
Ward was e good citizen ; IdOn't think
he was 4 querrelsome man when be was
aroused he would probably use violence to
defend himself. BE had the general char
acter of being a hasty man / mean hasty
in his talk.
Wvs. c. MaxH-Livei n Westhersaeld
was with Mr.. Mason when we went to OBJ
serve the light Of the furnace ny position
was at Mr.. Georges house there was q
shadow between me and the Office. There
we're men in the shadow Of the office, where
It was pointed out that Ward was killed ;
I could not distinguish counteDsnces :
would not think that I could tell where 6
man was hit. or whether with both hands or
one. The light is brighterin acloudy night
and the shadows darker than in g clear
night. Part of the stock house also casts 8
shadow in the shadow of the office.
CrossEaam ined by Mr.. Hutchins.
l think the caves of the hosting house
are higher than the top of the stack ; l
think, at different times the furnace would
give different lights. The blast must have
been on when 1 was there, because the blaze
was above the top Of the stack. When
there Is no blast on there is no blaze above
the top of the stack. If 1 had known that
Ward had gone there I think 1 would have
known him.
A. NJ Ro5Gins-Am half brother of
defendant; wentdowH there -on-last Tues
day evening took my father, Ar. Mason
and Mr.. Mann with me. He explains on
the map the shadows cast by the light of the
furnace. Went to the corner Of Joyoe's
house and took a view of the persons in the
shadow. but could not distinguish them /;
the shadow of the hosting house comes to
the house where Mullender said he lived;
I did not discern that any shadow was cast
on the Office by the hosting house if !
knew who vent there I could distinguish
them ; If the clouds are low and black you
can see fer q great distance around the
shadows cast By close objects are darker II q
light.right then in e dark night At Nj.
Joyce's stoop the light is thrown right
in the face ! could see better into .he shgd-
ov of the o6ee from any other point Frank
was IL the army and e non-counissioned
A. ,ao--a-I. -, . = .o-F,ra-E ., @Lo
2G.h : wore belt and pistols ; they were
Colts NAVY Revolvers describes the
cartridge and manner o losding cartridge
called Waterproof. Parto of the summer be
was employed in the enrolling department CT
the Provost Hsrshal's office, He was 10 the
service Of the Government at the time such
persons generally carried pistols
Cr0s,-EIEuinsd by Mr.. Hutehins-
BE vas not engaged in notifying drafted
men at the time he was discharged from
the service after this occurrence a Navy
revolver could rot Re carried in my inside
coat pocket. Can't tell which townships he
notified drafted men IN, in the month Of
July think be notified Hubbard and per-
haps other towns. Standing at the corner
of Mr. Joyce's house ] could see the motion
.ofone striking with az are, but could not
say whether It hit.
JOSIAH Ro56ns-Am father of defendant.
After his etu from the service, he was
in the habit of carrying a navy revolver
when he went out into the country. Was
on the platform when ay son got off the
cars, took him by the hand aud led him
to the back part OF the platform; I found
he was unsteady ! did not see Mrs. Ste
venson; if she had been. on the platform
I think I would have seen her. He
went to the house, ate his supper, read
the dispatches, and went out; he was as
much intoxicated as ! had seen him
No difficulty in seeing that he was intox-
ieated. he vent out at the back door
! have seen his revolver in the buttry;
his room was up stairs; ! think be did
not go up stairs before he went out Co
ing home ! took him by the arm. Wit
ness gives q description of the lights of
the furnace. shadows cast, &C., and sub
k--.:l al a. =