Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-12-04
M u r DER /!
Trial Of August Waldv0gae NJ
Ellsworth, for the Murder
OF Milo GOOdenOush.
Jury Render a Verdict Guilty T.

The following is substantially the testi-
mony of the several witnesses. The State
first called
LATHRoP SMITH.
/ reside ia the town of Rock Elm, Pierce
county, Wisconsin. Defendant lived in the
| same Town year ago. He lived there last
| Nav and had family. / was at his house
I on The 9th of last May and had a conversa-
ton with him. While l was there Mr. Milo
| Goodenough come. There was no one with
4 him. never saw him again until after he
was dead / heard Goodenocgh tell VALID.
! vosle that he understood he had calf be-
! longing 10 him. Waldvogle said he had not.
! Goodenough said he had Waldvogle said
! he had a calf there which he had bought of
! Mr. Ferguson. Goodenougn said the calf
! belonged to him aud he would have it
Waldyogle told him if he would pet Fergu
/ son and settle with him he could have the
! calf. Waldyoge rcpeated this three times,
and 1t w"s the last thing he said to HIM when
: he went away. GoOdcnough said he would
/ get out the papers and get the cali that night;
I said he was in hurry aad must go TO Mime
4 sofa or Monday Goodenongh then went
I away. / think Waldvogle said he had paid
I for the calf in oats.
/ Cross Examined.-It was about five min
I utes from he time Goodenough came. till he
/ went away. Waldvogle told GoodenOugh two
/ or three times TO have Ferguson come down
: and settle and he could have the calf. Wsld-
! yorle called out 10 him after he had got two
\ or three rods away. Goodenough did not
I appear excited he did not claim the calf by
/ any particular right | was near them and
/ heard all the conversation.
/ DANIEL Foxs TESTIMONY.
! reside in Rock Elm, Pierce county, Wis.
/ Have lived there about years. | know the
\ defendant (points him out to the jury; have
I been acquainted with him about years. He
= lives i'm Rock Elm. / was very little acquain
/ ted with Milo Goodnough. L saw him on
! the 9th or last May. near the defendant s
/ house / Was Il constable of the town of Rock
! Elm. / saw Goodnough first near my BROTH
er's house did not have much conversation
with him al that time. | saw Goodnough
again about shutdown of that day. He had
a process, and wanted me to go with him.
went to Waldvogle with him. When we
were about to the door, the door was opened,
shot was fired, and Mr.. Goodnough fell. /
made no remarks before the shot was fired
When the door was opened the dog rushed
ont and made a great noise. If any one spoke
| did not hear him. | called out TO the per-
son who fired, August, don't shoot me-" /
/ went toward the door, and hearing Good
nough speak my name, / went back, found
! him hurt. and helped him away towards
/ home. He seemed TO be nearly dead, and
4 could hardly breathe. He was flouncing
/ around on the ground about a minute or two
/ after the gun was fired. / told him to keep
! qui and | wonld get him away. got him
! across the creek-about 80 rods from the
1 Louise. After had used all my strength and
was unable to get him any further. l left him
! living at the creek and went to Mr.. Weldon s
/ after help. never saw Goodnsngh again. /
/ did not know where he was shot heard a
gurgling i'm his throat and saw blood in his
I face | told the man who shot not TO shoot
again. No light in tn house at the time and
saw none afterwards. This was in the even
ing.
The witness then testified as to the loca-
ton, surroundings. &c, after which he pro-
ceeded as follows:
When Goodnough and went up we were
talking had some talk all the way. After
the firing the door was closed no one came
out The night l went to take defendant
asked him if he meant to shoot me- He
asked me how thought he knew who it was.
He said nothing about shooting CoOdnOugh.
| went down TO arrest him on Sunday even
| ing There were four or five persons along
Messrs. Churchill Cook and Sanders. |
heard defendant tell those present that he
thought the persons who came there the even
ing the shot was fired were Rurderers aud
robbers. | told him lie lied about it. De-
funGant said nothing TO this.
Cross ETdmined Goodenough first
on Friday He did not say anything about
a calf he said nothing about calf on Sat-
ur,Iay at IC o'clock a. Nj. Saw him for two
or three hours, He had yoke of oxen at
my brothers. Saw him again that evening
a'out shutdown. He then said he wanted
me 10 serve papers for the calf showed me no
papers at the time don't think he had any.
Said he wanted NE to 90 with him to the
Justice Of the peace to get out the papers and
serve them He said he wanted to get the
calf Went to the Justice of the peaee's and
then to Waldvogles. Goodenough said he got
papers for repleyin. 1t was not after 9 o'clock
p. IN.
Witness then testified 10 the distances from
the Justices TO the defendants and also to
where the witness lived, and the direction,
&C., after which he proceeded as follows:
We went on foot was about an hour going
FROM irstice's To aldvogle's was quite dark
in The woods was talking i'm an ordinary
/ tone when going from the road to the house.
Talked along because we had nothing TO fear;
/ | think could have been heard 20 rods dis
tinctly / was little ahead, going up the
ascent fro3l the little creek TO the house; was
a little ahead when the shot was fired. Path
was not wide enough between the house and
lex foriwo to walk abreast. Goodenough
came up nearly abreast between the little
creek and h0rsc. Heard dog bark Just before
he ~, was fred think the dog came out
Of the house when the door was opened
think that when the QU.. came Out said : get
out" After Tie door opened, SAIL - How
are you August % The shot was pot fired
right after the door was opened. If | said
differently, made mistake. When at my
brother Matthias | had conversation about
tho matter. Don't recol ect telling them that
the dog was barking. so loud and making
such noise that the devil couldn't hear
Don't know anything about what | dd say
over there-was considerably frightened.
! When the shot was fired saw him tall for
ward It was near the foot of the little hui
he seemed to get under the hill to protect
himself from another shot /; after The shot. !
advant ed toward the house and called oat
Z" August, don shoot me T. / do not know
who shot Go0denough helped him along
10 the large creek he assisted most of the
/ way.
Redirect: Question. Standing in front
of GOodenenough could his shirt he seen =
! Ans Yes, 1T was exposed during the day
] had the writ, summons, or whatever it was.
Went with writ, and if we could not settle
( with him Ia take fhe calf.
Cross Examined Saw the shirt Just before
the shot. Hat writ or summons TO get the
calf il we could not s,ttle with him, Saw
A 4. . 4. 10