Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-10-24

tpE 1tc@tlSSE rA4 pdaNm u o11A@t "ot~NN =
go. from Bord & Rightly. He plead
guilty, but declared that be had not
stolen the boots The Judge sentenced
him to De cen6ned at hard labor for
three years 10 tks Stats prison, to Pay
zoe of 8 70 the State of Indiana, and
be disfranchised for Eve ysars
Thos- L. Howard was srraigned for
stealing an overcost and so 10 green
backs from the Washington Hcuse--ths
property OF police officer. he plead
mot guilty DENLY appears for the de-
Tense.
John Il. Stockton was arraigned for
stealing vsliss from J. Il. Warmth
Plead not guilty, aud having no eoun-
sol, or money TO employ sny, AFRO Dyer,
ESQ wAa appointed 70 defend him
The ease Of the State 90 relation Of
Taylor Higgsnbolham % Zach. Ayds-
Iotts for assault and battery with intent
TO kill, vas taken up, and after some
time occupied ia selecting jury, was
proceeded vita.
The evidence Of the prosecution shows
that on the 18th OF April laa, Sunday
evening, TayIor Higgsnbosham with three
negroes was going up ths bayoa above
the city in skiG, and met Henry Clay
and Dan. Lacy, atsp-sona Of lack Ar
delotie, coming down in boat Hen
ry Clay Lacy called to Higgsnbotham
and asked him II be did not want some
board fence. Higgen66shsn replied b.
asking the Lacys II they did not have
some chickens over there. II. c. Lacy
replied, III Higgenbotham would 20 ashore
be would give him chicken. Higgsaboth-
am proceeded to shore, and the Lacys
rounded 70 and landed alec. n Clay
Lacy drew q revolver, when Aydeloite
spproact ed, and after using opprObrious
language 10 Higgenbolham, struck him
with the spear OF swcrd-cane 10 the
back. aud then turning to henry Clay
Lacy, seized his revolver exclaiming
give II 10 ne, III shoot the did con
osa-b--h IL you won't,' and Cred, the
ball taking effect in tbs right breas, Of
HiggenbothAm, aud passing through his
lung, lodged under his shoulder blade.
Higgenbotham then ran around The gar
den Of Aydelotte, aud was pursued and
again shot At by AydsIolte, and the lat.
ters dogs were set on Higgenbolham
ssizing and tearing bis clothing The
dogs were driven Of BY Dan. Lacy. The
principal part Of this testimony was cor
roborAted BY other Witnesses.
Higgenbolham was seriously wounded
and was conveyed home ia state Of
syncope, having lost much blood, but
having good constitution aud excellent
medical attandaBce, ~ DR.. Bray DR.
Jones and himself testified, he recovered
and appeared ia court as the proseeu.
ting witness The principal witnesses
for the defense we're the two Lacys.
Henry Clay Lacy awore that when
meeting Higgenboihsm Ia the skiff, be
did not see II. until ailsr he had called
10 lobe, 8 negro, asking him II be did
not want TO take skia ride. lobe re-
plying that he did, bat would have to 20
home ffsi, was told BY Henry Clay Lacy
that il would be too late Then he says
H. called to him aud asked where be
was going lie replied, to look for bis
rails. II. asked him bow be knew ihsy
we're his rails He replied that be reck-
oned he knew bis own property. He
said, Yes, aud | guess you do, 8 id
sight more, and then said if I'd come
ashore, he would thrash hell out Of me.
The Lacys then turned ard landed Just
above where HiggenbOtham had landed.
Higgenbothsm approached, and Lacy
drew a revolver and told him to stand
back three times. Dan. told Il. to 60
away. ii. told Dan. to shut his mouth
or be would knock his teeth down bis
throat, and called him D did chicken
thief
Aydelolts arrived on the ground and
asked Higgenbotham what allthis meant
BE replied, You d---d ihieving son
oil b--h, I'll Attead to you another
time" and struck at Aydsletts Don't
know whether he struck ct his head or
his body. Aydsiotte then struck H.
Didn't SEQ anything IN Aydelolts's hand.
Aydelosss then turned round and seized
CIsy's revolver aud cred. Didn't set
dogs on Lacy when be ran. Dan. drove
the dogs of. Have never talked With
Aydeiotte as 90 what wcuid swear here.
Have talked with Dan. about what l
would swear. Dan. told precisely the
same story sc Henry Clay, with the sd-
diticn OF considerable more profanity,
but swors be aud henry Clay Lacy had
never talked about what they we're TO
swear on the trial A number OF citi-
zsns testified TO the peaceahie character
of Ayd<sotte The case win he argued
this morning. Ssinsou and Maj. A. L.
Robinson appear for the prosecution, aud
Judge Iglshart, DeEby, and Maj. John
son for the defense, aud soma fne fOren-
aic eloquence aud great display Of le-
gal lore may be expected.
HASDsoNE Pucs. learn that Mr..
John ShankIin was offered, the other day,