Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1869-06-04
TRIAL OF LEIGH'S MURDERERS.
They are Convicted and Sentenced to
Three Years Imprisonment.
FrEE EEPoRT OF TEE TRLsL.

on Thursday morning, the 9th of May.
From the beginning it was evident that the
case would be conducted with great spirit
and ability. 1t was whispered that the de-
tense would be desperate aud probably sue
cessfII Messrs White d Button, of this city
appeared for The prosecution. and Messrs
Wilson d Baker, Of Hudson. and j. l.. Dale
for the defense The impaneling OF the jury
consumed much time. Im cases of this char
acier the defense is permitted 10 make 81
peremptory challenges and the prosecution.
6. When the defense had made 81 challenges
the prosecution suggested that the privilege
was exhausted Mr.. Baker replied that they
would be entitled TO As as there were two
prisoners. The court said that in cases of
Joint indictment like tins. the authorities had
decided that the privilege extended no fur-
ther than in cases Of single indictment. Mr..
Wilson very frankly reioried that the author
tiles had decided right the other way
After referring 10 the books the court reversed
ils ruling and the work of challenging went
on. This gave the defense their choice out oi
nearly all about the premises. The counsel
on the Fart If the defense made the most
of this. At last twelve men of unerring
Judgment. unimpeachahle integrity and un-
doubted pieiy. wcre-se!ected and duly sworn.
Here the court inquired of counsel whether
the rule requiring the jury TO be kept together
under charge of the sheriff during the trial,
shoal1 be enforced. The counsel for the de-
tense very generously replied that they should
not insist upon it. The counsel for the pros
ecution, however, thought the jurors should
b. " kept unspOtIed from the world" And
so Was i.
The examination then commenced and was
as fellows
FATGICK DoNAHUE SWORN.
Reside in Maiden Rock. Pierce Co. Went
there sonctsne last March | think. Lived
prinr T.. that in town OF River Fails. Wis
Am acGuau led with tie defendants saw
them ON the 2Is, day of Feb. We're not
together.s saw Patrick Moyuallan He
came To nv house. Gale! m. out doors and
said he hal coIne after my calves. / ASKED
Him what he had to do with my calves. He
said he hal bought them while L was gone
down 10 Maiden Rock. | asked him who
he bought mv calves of. Said he bought
them at SaudeIsOn. | asked bin how Billy
Sanderson come Ia s,ll nv calves. lie said
he did not know, hut supposed bought
III, m of ray wife He asked me if he could
h. We the calves. | told him he couldn't un-
less H.. mad lawful authority for taking them
or nav me for them He made nn reply
asked him If he had any lawful authority for
taEIn. them He said that he had rot, Onl '
that he had bought them. I told him that /
did not want To let the calves go in that way
without was paid for them. He said that
Billy Sanderson told him that If there was
any trouble about the calves he wOuli pay
him hack hi> money. bslirve | told him
then that If Hiily said 50. ! thought h. wnCld
do it. ] don't recullect that lac sand aryihug.
but went off goUd-naiurcd. We went to-
wards home / was not at home all that day.
Was at Maiden Rock the early part of the
dav. and got home = p. m, as near as / can
gel at it, Patrick Leigh was with me-he
had come TO help me move. Saw Pat. MOy-
nahan little while after ! got home. Dur
inr Tie. CONVEX atIcn with Pat. MOvnahan
Pas Leigh was im my house. At the time of
the conversation called him to come as n
witness dc. (Hcrr Witn'ss Identifies Pat
Movuahan) After | called him. some few
words were said. aud Moynahan started Tor
home rs surpassed. Ii WAS the way he al
WAYS went home from ny house. | saw him
again that dav was sitting i'm the house
talking with nav family Heard sumo one
halIua. Got up aud vert TO the door. 1t
was about an hour after Pat. Moynalan left
He was Standing there with a club in his
hand. He said he Lad come aaeT Inc calves
Saw. al>o. Humphrey Moynahan He. is here
(isIentifying hIm.) Pat stated he had come
after the calves. and to kill inc tno. | said
that was pretty hard Then Pat. Moynaham
Ill.
a cIimch. He hiG rae on the f,rcarm with the
club tried to ward off tia, club we ciinch
rd /: cant tell who took huld first. After we
cinched. this Pat Leigh came out from the
house At the time TAT. struck me- uumph-
rev Msyuahan was standing near. hen
Leigh came ont, Pat Moynalan said, "a trike
that man" Humphrey MoynalIan came to-
wards Pat Leigh. and raised his club. Pat.
Leigh said. /" Bows dot't strike me I amt
going to do anything tn either of yon" Then
Pat. Leigh turned round toward the house
anU Humphrey MoyuahaI. followed him aud
struck nm with club. He Tell sideways
and come uIon his hack. Pat MoynaLan
then said. There Is ono OF them out OF the
way Nov come and strike this man. -
Humphrey came towards with has club
aud struck me on the arm. Then all three of
us got in a clinch Pat. MOynahan and | were
clinched during all before this. Then Pat
tbsIk hold Of me bY one leg anu humphrey
Innk hold of me around the middle. hey
Lifted me off NV feet and got me down into a
kind uf ditch. During this time Pat. Leigh
was living nn the ground. Then my wife
came in amongst 5 and tall them not To kill
me 10 leave me 10 my family ; that they
hal killed the othsr m IN. Pat asked if they
eOulI have the calves. | made no answer
then got up and told them that it struck me
they had killed Leigh. / came up towards
Leigh and they followed. ! told them they
ha,I killed him AMI lhey turned aud ran to-
warsI one of the neighbOFs. Leigh was lying
Om his hack on The ground. bleeding from
he head. i thought he was dead got hold
of him and lifted hIn up. | aud nv wife took
him into the house. he did not revive up. L
sent for Doctor Ballard. He came. looked
To see-where Leigh was cut He was cut on
the len side of the head | don't know as
could tell Just how the wound looked. for the
blond Ii MAS on the left side of the head.
could hardly tell how wide il was He
was bleeding fiom the head when l first
wen tO him. II was the sam place now
speak of from which he was bleeding. i
carried him in he did moi seem 10 help him
self nor move Did not appear sensible.
v a. there when he died. lie was struck ON
tie Dist Of Feb. last aud died On the 26ih--
The second time / sa@ Pat MOy naIlan Hum
phrey was with him when | stepped ont of
the door They hal clubs ia their hands
Should Judge the one Pat had was between
three and four feet loHg aud an inch and
half thick. Humphreys was longer Hum
phTey knocked down Leigh with the club /