Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-12-01
9edfora gaqnirer.
THE GROUSE HOMICIDE CASE.
IcoNTINVEp. I

couple of others l did not know. Grouse
came along and called Mengel Reed john
ny Reb; by that John P, Reed came along;
but Mengel had said before you've been
insulting me- and John p came along and
asked what was the matter, Mengel said
he been insulting me again, calling me
johnny Reb;" J. p Reed said that IF
there 5 any fighting to be done I'm here"
and stepped in between them; by that Mr.
Grouse made at John p. and attempted to
strike him, but Mr.. Reed knocked of his
stroke and struck him and knocked him
back, Reed then turned around and handed
some young man his hat; Grouse struck at
him AID came at him again when they clinch-
ed; Reed throwed him against the post.
Then Mr.. Jacob Reed and McCau5lin part
ed them; [ was fifteen feet from the parties
when the fight began; Reed went to Men
GEL S bar room; Grouse remained fifteen or
twenty minutes at the post, and he said to
some one ''by God it's not all over yet,
he said he wasn't satisfied with that; Reed
went to lis father house; Grouse followed
him to the house; [ heard nothing said by
him; /, have known Grouse many years;
Grouse talked in an i'll manner to Mengel
and within about step of him; / didn' t
see MeDgel Reed try to strike him.
Cross, rdmtned-Mr Grouse had passed
Reeds's house before he met Mengel; he
was going South; Mengel was not on the
pavement: didn' 4 see John p until he came
to Grouse and Mengel Reed; didn't hear
Mengel say IN cane you. | was sitting
right before the entry door.
Jacob Reed, slcorp-I did not see the first
of the fight, | saw there was fight but did
not know who it was, | soon found it
was my nephew and Grouse, [ took hold of
John P. to separate them, John p. had a
decided advantage of Grouse; Grouse S head
was under John p S left arm; John ?. was
striking Grouse left handed licks; when |
took hold of John p. no one had hold OF
Grouse After they were parted Grouse
was talking; | commenced with him why he
could not let those boys alone; | asked him
why he insulted them every time he met
them; he said his mouth was his own and
he insult them whenever and wherever he
pleased; said his mouth was dirty black
guard mouth, that if he got it hurt he
| should blame no one but himself When
put my hands on John p he had his coat
on; my impression is Grouse had no coat on;
| Grouse followed 10 feet in rear of John P;
when John p. went to his house he stop
ped at the door.
At this point the Defendant S attorneys sub
mitted the following propositions to the Court,
4 which was objected to by the Commonwealth;
s'The counsel for the defendant propose to
prove by this witness, and others to be called,
/ that as far back as August, 1864, Jacob Grouse,
/ the deceased, offered the grossest insults to
MengeI Reed, the brother of the prisoner:
that these insults were continued from the
time mentioned, until the Monday before the
/ killing, on various occasions, and in the pres
ence of the mother of the defendent, and of {
number of other persons; that the deceased
threatened the life of the defendant in Oeto.
Der. 1864; that he threatened if ever j. p
Reed came back to Bedford, and he Grouse
got his eyes on him he would kill, would
shoot him: that he was an officer and had s
a right to shoot him. This was made IN Feb
ruarv. 1865 That on Monday night before
the killing Grouse said John P. Reed shal
either kill me, or l will kill him; that these
threats, menaces and insults were communi
Gated to the defendant before the killing"
"The Commonwealth objects to any evi
dence of insults to Mengel Reed as no justi
fcation for the act of defendant in shooting
deceased.
That threats not made by deceased at ant
about the affray on Saturday, or in the inter
mediate time, between that and the shooting
are not evidence, as not being part of y
gesta.
Upon this proposition the Court delivered
the following opinion:
..Mr. Jacob Reed was produced as a wit
ness on behalf of the defendant, and amongs
other things testified ''that he (the witness
expostulated with him (Crouse) and aske,
why he could not leave those boys alone, an,
why he insulted them every time he me
them. He (Crouse) said his mouth was hi
own ond he would insult them whenever an
wherever he pleased And the counse
/ then proposed to follow this with evidence 9
t threats Of Grouse to kill John p. and Mengc
Reed, if ever they would return to Bedford
and also of threats made to kill them afte
their return-that ihese threats were mad
during the twelve months proceeding and u
to the killing, and that they were commun
Gated to the defendants family prior to tn
killing
The counsel for the Commonwealth inter
: pose no objection to the evidence as far as
: has already been given in, but object to tn
additional evidence offered.
In this case the killing of Grouse by the do
L fendant is not denied, but it is alleged th'
he killed him in defence Of his own life, or
i protect his person from great bodily harm
' aud it is now proposed to offer proof ofthrea
! as far back as twelve months ago, as evidence
{. outside Of the facts and circumstances attenC
: ing the fatal rencontre. tending to show thi
the accused had reasonable grounds of apprt
hension that his life was in imminent DANCE
or that he was likely to suffer great bodil
: harm from his assailant In support of tn
sffer the coansel rely on some authorize
: quoted by Mr.. Wharton in his Criminal Law