Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-12-04
wM DuNHAM, (FoR PLAINTIFF. }

five.
WIN DUNHAM, (FoR PLAISTIFF.)
Hare lived in Rock Elm from four to six
years. Had conversation with defendant
about the shooting of Goodencugh it was
IN this place ] was constable and was tax (.
ing him TO Prescott after the examination
before the justice nothing said by me to in
duce him to make the statements. We stop
ped at the hotel because we could not get a
lean to GO any farther | was the officer in
charge of him. Defendant said that he had
shot Goodenough-ths was all that was said
about the matter.
Cross Erdmincd-This was all he said
those are his exact words we were Interrupt.
ted here by Mr., Mason coming to the door !;
there was no question asked him that caused
him 10 make the statement we had not been
talking about the case he told me that he
had shot GoodenOugh | am positive that
those are the exact words he was interrupted
in the sentence by Mason coming to the door;
4 don't know what the balance of the sentence
would have been.
GEO. W. DIoKESsoN, (FoR STATE
| Heard statement made by defendant in this
/ place at last spring term he was in my GUS
/ toby as an officer: after he had been indicted
| took him to the hotel his bonds had been
/ fixed pretty heavy he was feeling bad-cry-
! ing, and during the time he said, if it had
not been for his wife he would not have done
it. This was all there was Of it.
DIR. ANDERSON, (FoR PLAIyTIFF.)
am acquainted with defendant. Some
1 acquainted with Milo Goodenough first saw
I him two years ago saw him Mt his residence
/ in Rock Elm on the evening of the 10th of
/ May last
/ l found him in dying condition; had been
shot in face and breast, with shot l should
/ think. Mostly on right side of face; some in
! chest Some in corner OF left eve; eye not
destroyed Shot had entered the pupil of
right eye and destroyed the sight. Two shot
went through upper lobe of left lung; one
went through lobe of right lung; one i'm up
/ per portion of windpipe. | put on adhesive
/ plaster and he breathed easier The shot
I passed through both sides of the thorax-
not through the body. Wounds in breast
! were or inches deep. Some wounds were
/ larger than others. Milo G0odenough died
/ | think he bled inwardly, and modification
took place in consequence of the shot that
/ entered his lungs and bronchial tubes, and
/ injured the brain. These were mortal wounds.
/ Did not discover any other cause. Did not
see defendant in the house. 1t was Clark
when he was taken by along the road in GUS
/ tody of the officer Def't can speak English
/ quite intellgbly.
! Cross ranained. Milo Goodenough died
+ in Rock Elm Pierce county. Wis,
JOSEPH CoTRAN.
! Live at Rock Elm, Pierce county, Wiscon-
/ sin have been acquainted with defendant 4
| years next spring was at Green's on SUM-
/ day afternoon did not see defendant there .
was not there when Goodenough died.
Here the prosecution rests the case, and
LANsFORD INGALLS,
was sworn for defense. Witness testified to
the location of defendants premises, and the
surroundings as compared with the diagram,
which he pronounced nearly correct, and con-
cluded as follows:
The door opens in the west end of the house
toward barn as you approach the house
from the creek there is stump near the north
west corner of house path leads between
house and stump | was there on the ninth
Of May last stump is or feet from house
and about 2 feet from door a person could
not get within % feet of door without pass
ing stump; door swings to the south latch
is on north side-opens or swings inside.
Cross Eranained.-Am father-in-law of the
Deft The stump is oak, from Is to 20 in
ches through and about 81 feet high. The
ground is rather open abound the house, has
been Beaver meadow.
PETER INGALLS,.
After reiterating what had been sworn by
Lapsford ingalls, concerning the creek. mea-
dow, stump, &c, Peter ingalls, testified as
follows:
There are four windows in the house-one
in north, one in east. Had guns-2 rifles,
one double barrel and one single barrel shot
gun; were there before and on Tuesday after
Cross Examined Stump from Is to "a in
ches; about 215 feet high-not feet.
GEORGE FERGUSON.
Live about half mile from def't On 9th
of May heard report of gun, aad pr iar to that
heard dog barking for three or four min
utes. The sound was directly sorth of me-
and appeared to be at defts house. Dog
barked pretty sharp, 1t was defts dog
Heard Fox's testimony yesterday. Was there
when he and GoOdenOugh came 10 my house:
it was 10 o'clock !; light was near the clock.
and [ could see it, and it struck 10 when
they came in.
Cross ErGmincd.-It was the defendants
dog | am positive / know the dog and his
bark-medium side. brindle bull dog know
sound of the dogs bark as well as the defen-
dant's voice was up at time the dog barked
two or three minutes before heard gun fire.
L. SMITH, (RE-cALLED For DEFENsE.)
l testified before the Justice that | thought
said. that Goodenough would come back that
| night | do rot recollect that test fled that
Goodenough did not tell def ndant that he
was not coming back that night; / think |
answered all the questions asked ne by the
justice.
WILLIAM MAXWELL, (FoR DEF'T.C
/ was acquainted with deft in MAY last
Question On tr about the 9th of May,
1868, did the def't have considerable amount
of money and other yaluables in his house
Objected TO by State. Sustained by the
court.
MRS. LAURA WALDTOGLE.
Wife Of deft is called as a witness TO prove
what occurred at dcfts h"Use on he night OF
May 9th. 1865 that there were no other per-
sons in the house of deft bat del't. witness
(det'ts wife) and child, and that at about
quarter past ten on that night three men
! were seen approaching said house. instead Of
two men. Objected 10 by State and sustained
FERGUSON, (RE-CALLED)
Goodcnough came into the neghborhood
on the evening Of the It'll, passed my house
and / talked with him. Saw him on the
morning AID evening of 9Th and 9th of May.
lie said he had come over to see about an at
tachment that had hecn put on his oxen. The
attachment was BY Mr.. WaldvogaL
1t was announced that The testimony was
losed or The pant of fhe defense.
J. c. Button. District Attorney, then opened