The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1865-02-10
From the Homillon &C. W., Evening Times.
County of Wentworth Fall Assizes.
SEVENTH DAY.
MONDAY, Oct. "a.

SEVENTH DAY.
MONDAY. Oct. "a.
TIE QUEEN vs. JAMES M'ELRoY.
But fow Of our readers will require any
thing Introductory from us with reference
to what has aireadv become public 10 re
gard to this case. There wore two distinct
charges against thej prisoner: oue wat
that Of shooting at Mr.. Mowbern with in
teDt to kill tho other was that of bur.
glarious entrance into Mr.. Mewburn's
house. The prisoner was yesterday tried
on tho first of these charges only. Ho was
defended by MIR ID g Miller, Of Wood.
stock. and Messrs g. A SadIcir and +.
Mackelcam OF this city. The prosecution
was conducted by Mr.. Spobn and Mr.
OReiliy. The jury, After u good doa! OF
challenging. and going over tho roll twice
at least, was empanuellcd at about four
o'clock. News TINT the trial was comir Q
on at last bad spread. and, from it's com
mencem ont -~to--its close, the Court. room
was crowded
The case was opened for the prosecntio
by Mr.. Spohn. with q brief narration of
the circumstances of tho attack on Mr..
Mewburn on the night of tho 5.h of April
last. He then called tho principal witness
for the Grown.
Thomas Chiffon Mewburn sworn. (Ex
aBined by Mr.. 0 Reil!y) reside in Ham
milton. on West Main Street. On the
morning Of Tuesday, the 9th of April last.
l was asleep in bed at homo. Had left a
gasiight burning iu tho room. lay On tho
west side OF the room, with my head to the
north. At about from half past three to
four in the morning. Iawoke with some.
thing tickling my lips, and a taste and
smoll as of chloroform. distinctly saw
the figure of man close to the side of til q
bed | Immediately made up eng mind
that he figure before me was that of man
who had entered the house to rob me.
had a revolver loaded. IN case, lying ou a.
chest of drawers. VAS thus prepared for
resistance in case of possible attempt at
burglary, because my bouse bad been
twice entered. l thoaght tho best thing
could do would be to throw the man tff
his guard by pretending to believe it was
my wife that l saw moving about the
room. | jumped out OF bed. and. as did
so. the figure kept rccoding from me My
object was to get at my pistol. and wen,
towards where it was During this time,
the man kept moving rather IF from the
side Of tho bed and round to the foot of it,
l stepped to q bureau on which ny revolV-
er lay. meanwhile keeping nv eye on the
figure; on taking out the revolver cooke
it. sprang to the side Of my bed, and drew
tho trigger. the muzzlo Of my revolver be-
ing about six inches fro<n the porson; /; il
snapped. I then sprang to the gasIight
and turned it W. throwing the light fairly
on bis face. Ha had, at that time. got
within -four feet Of the door he vas look.
ing mo squarely in the face. and no was
about twelve feet from me. He raised his
arm. aimed pistol at me, and fired; he
then moved out, and just az he was going
out he said in a quick. spoken mnnner, Il
did not intend TO hurt you. you God d--n
rascal" All this was up stairs; l then
bolted the cbiIdren's bedroom door. md
took double barrelled g0n, and Cred from
a window into the yard, hoping to awake
Mr.. Wilson, my neighhor. l afterwards
went down stairs, and found that he had
entered by the hall window, for it was still
opes. Iswear distinctly that the prisoner is
the man. 1 never saw him before that oc.
casion that I know Of; tho next time saw
him was at the police station here; l iden-
tilted him at once. Another person had
been arrested prior to this. and was
called to see him; said at once that be was
not the man. On the 9th of April was in
HamiItoa, in Davis g. Cos Banking House
on James street the keys of the safe we're
kept sometimes by Hamilton, sometimes by
Davis. and at other times by myself.
Cross.examined by Mr.. Miller. Iknow
tho time of the attack upon me in this
wsy-I looked at my watch, at twenty min.
utes past four. and counted back that the
affair must have occurred about twenty or
thirty minutes before the time when
looked at my watch. An hour or two af.
terwards / gave McGogsn as correct q
description as possible of the man. be.
lieve told him some time after, that the
person passed by the name of Secesb, and
was one Of a gang of four. McGogan af-
terwards arrested man, not as ausw eriDg
my description, but as one of the gang
described the man as dark, with short black
beard, bright eyes, having on dark rowdy
hat, with sides turned down, dark coat. As
to his moustsche. could not swear posi-.
tisely that it was long or short; positively
even, be bad none at all. but might have
painted bis lip black. My room is about
I6 l8, with q corner taken out of it. The
inmates OF my house, on the occasion, were
myself, my wife aud children, and two serv.
ant girls. / generally examine all the
door fastenings and window .fastenings bo.
foro 90 to bed. Can't swear that did 80
on the night of the 5th of April last. Am
perfectly sure of the date. got my revolv
er out OF case on the top of the chest of
drawers. l intended to kill the man when
] fired Isnapped the pistol twice, bu, it
did not go off.
Mr.. Miller-Se you attempted TO kill a
man who had
Wi,ness-Yes, did-aDd so would YOU,
If yourself and your wife and children we're
in the same danger.
Mr.. Miller-I don't happen to have
either.
Witness resumed-The first persons who
came into my house we're Mr.. William II.
Alills.,d NJ Ss.;<ss 7