Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1869-01-08
THE ARSON CASE.
Third DAY.

the increase, ana too crowo tDe. gamers
around the Justices efacs would lead
the stranger to think il was election day,
and the place the sniy voting precinct. The
testimony Of each witness is freely discuss
cd and commented upon by the crowd
Every one has expressed an opinion. and
all are anxious {, r the decision.
Court opened 1t 9! o'clock.
Robert Lowry, fer the defence, sworn
Testified he presided at political meeting
at the Gsrman Theatre on the evening Of
November u, 1868 m.eting came ts
. close about II or 1925 the meeting
srganizsd about Is minutes OF 9 O'Clock.
Coos examined by prosscusion-Dr.
Clau.sen waa 6rst speaker /; he spoke about
40 minutes.
Henry T. Lund sworn for defcnee-Was
at the theatre on Nov. I'd saw Mr. Nc.
Intosh there.
Cross>examined by Csmpbell-Livsd
here since April have known Mr. McIn
to.h about elk months walked homo With
Mr.. Wheeler l remained until the meet
ing closed did not see Mr.. McIntesh 60
out Of the rsom At any time during the
evening.
DR.. J. ". II. Baker sworn-Am prac-
ticing ply have been practicing 2e
years; have examined Mr.. McIntosh's
limbs made the examination this morn
ing at my cfice found . peculiarly in
them they were not equally developed f;
the right leg less Developed than the left;
the right Is eas inch less than the left four
inches above the knee j,int; IN the fsshy
part Of the thigh the difference 10 two and
half inches. the rightbsing much less than
the left Of course the lsft limb 10 deficient
in muscular power 10 walking hs wsuld
naturally favor the lees developed limb
he wsuld naturally step the hardest On the
left limb.
Cross-sxaninsd BY Campbsll-Ths lame
fost at the tss wsuld make . deeper i'm.
prsssisn than the sound enc. Witness
here explained the philosophy Of walking
10 man lame 10 one limb.
J. Il. Graham swern Known NcIntesh
Ter 10 years vas 81 the German Theatre
on the 81 Of Nov; saw Mr.. McIntssh there
about . o'clock staid there until the close
Of the meeting couldn't tell exactly at
~ hncv Ah>
James Buck walter, swsrn; Live part 81
Of time about four miles from city. part Of
the time in tswn. Did not pas along Lo-
Gust ct. 2nd, night Of November. my
brother David, did.
County map wss brought in and sxhibi.
ted. II WAS considered evidence - regards
the distance between this city and Moses
farm. Some time intervensd between the
calling Of the Witnesses at this juneturs Of
the proceeding. Subposnas and eonstablss
we're charging wildly around in the streets
in search Of persons whom they esuid not
end. The crowd was - great ~ any Of
The previous days. The rssm was cram
med full all day long. The faces Of some
Of the audisnce, were studies for painter
Perhaps it was one Of the phases Of human
Life, but i:s certainly . queer one, this
meybid curiosity Of the multitude, 10 hear
what's going On in . court room. They
bad patience though. ard stoed through
the long hours ike martyrs.
Over an hour was spent in vairly waiting
for witnesses. They could net be found
and the trial could not 60 on without them,
80 Justice, Lawyers and spectators amused
themselves as bss. they might in the court
room.
David Buskwa.tsr, sworn Live ~ miles
frem town on Locust at. road. Know Mr..
Mosss, live in sight Of his place. Was
on the Lseust 81. read on the night Of end
Of November, passed Msses place .; half
pas, IL O'Clock there were no stacks on
Gre then; got homs and went to bed about
o'ccck saw stacks about o'clock !;
csuldn' say how long they had been burn
ing.
Crsss.examinsd BY Brswn-It Was .
bright moonlight night; the stack nearest
the road was all standing whom | saw it; |
live little this side Of Mr.. Msses met .
horse and buggy about . mile and quarter
this side Of Moses, ceming into town it
was dark horse, low seated buggy; have
seen Mr. Mclntosh's buggy; looked some
like his; two psrssns we're in the buggy :;
did not look up when l passed them. Ths
defence rested here.
Mrs. Dunn sworn for prosecution.
asked Mr.. Mcintosh whether he was ct
torohlisht procession he answered "Ne =
this wss the third morning after the torch
light procession be sad be had businsss
elsewhere III asked Mrs. Mcintosh 70 g
with u to the procession she said. NE
Mr.. Mclntssh did no. get homo until after
II o'clock that he had been to NathaR
Nswby's On business.
Cross. examined BY Hubbsll-I rsesllsst
distinct J what Nr. Mcintosh said Mr..
Dunn said to ne wsuld 60 ever 70 Nc
Intesh's and ask whether hs was - The
torch procession; l asked him il hs wss
there, and hs said No." Mrs. Melntssh
said hs did net get hsue until after 12
am positive about it Mrs. Mclatssh said
it was an unusual thing for her husband 70
be oat 20 late; live opposite am on COED
terms with the family.
This ended the examination Of witnesses
both for the prosecution and defense, and
here both sides rested their cause. Az
was elmest II, the Court adjourned until !
e'clssk. st which time the evidence would
b summed up.
Mr.. Brown, for the prosecution, opened
the argument. He said this trial has excl
ted great deal Of interest. involving. 81
il does. the gssd name and character ei
one Of our old citizsns. think the prsse.
eutisn can Justly claim that the trial has
bsss conducted in NO ether spirit than Il
arrive ct the truth Of the matter. The drsl
position is, crime has been committed,
>~I NhaAa -A~A>~ a~A snaI:o:nua AaA