Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1869-06-04

ard fell or lis back. MohyaHah ahd D""A
hue were i'm scuffie. Pat Nonyahan told
Humphrey, "Strike this man" Humphrey
ian Stewards them and struck at Donahue
with club Monyahan got hold OF one oil
Donahue's legs and put hun over IN sort oil
ditch came down there then. Humphrey
raised the e4b to strike. / threw myself IN
between Donahue and the club and SAID, 1of
Gods sake leave that man to his children
| that Leigh was dead" Donahue got up anu
| Mnynahan asked me ii L would let mem
have the calves | told him he might have
| them. aud not kill Donahue Donahuewalk-
ed where Leigh was. Moynahan followed
| and came up withsn few steps oil him.
| Donahqe said, Leigh is dead" They start
ed and ran and took the clubs with Them
/ Donahue raised up Deigh and told me TO get
some water. He supported him against MS
| knee as he raised him up. de tried 10 open
! his mouth with his finger and told me 10 PUT
some water in. | did SO. but he did not
/ swallow. He sent for DIR. Ballard by one OF
/ the neighbors. Leigh was senseless aud con-
| tinned so after that all the while he remained
/ at my house TIL he died. on the Doth OF Feb
ruary. Remember the appearance nf the
/ clubs They were abou; as large as SLED
/ stakes. 6Wirness identifies the prIsomers.)
| Cross Er.-Was not in the house when
4 Domahue aud Moynahan first came IN. was
/ at the stable when fist saw them and came
/
/ five minutes before we all came in. While
/ there can't remember what We talked about
i exactly All talk.ng as neighbors. Moy ma
/ han talked some aud Donahue some. Can't
! rem, mber if I, ok parI IN the conversation.
/ | think they siaId in the hoMse about hall an
| hour before Moyuahan called Douahuc out
/ Might have been longer. heard Moyhahah
say when he got up that he wanted 10 traue
/ his Oxen TOR DonahCe's horses. On the sec
ond time Donahuc said some one haiiowed.-
| We got up and opened the door and stepped
out. Moy nahan said he had come after the
calves Douahue told him he cOula not have
tnem unless he showed right TO Them AZ
that time Moynahan said lie would have his
/ life / onahue answered taat ia hard. They
then made toward each other. Moynaha
1 raised the club To strike Donahue, he warded
it off and they clinched. As Leigh stepped
up, Moynahan told Humphrey To ''Strike
that man 1 saw tins blow. Humphrey
had both hands on the club when he struck
the blow. lie raised the club over his right
shoulder Noynahan first spoke. SAID
STRIKE that ma now, the one he was III
sauabble witil--D nIahue Humphrey struck.
lie struck Donahue on the arm. Moynahan
struck Donahue twice think. | told him
To stop Donahue was down. When
Humphrey stopped we went toward Leigh.
Pat then picked up HE club and followed up
to within few steps OF him. Donahue toll
him Leigh was deal Humphrey and Pat
shen started off on run. They went to-
ward Mr. Collins. Mr.. Collins is in sight
of our house right, acrSss a field.
ANNIE poNAHUE SWORN.
Was at home when Pa Moynahan came to
/ our house that day. No ole was with HIM
when he come the first tim& Remember OF
his Icing there again that day Humphrey
was witt him He was outside the house. =
Ia was sitting ut the stove SAID he heard
| some one hal.Oa got up aud went out
next saw Pat and Humphrey MOynahan -
! They said they came after those calves. Ia
| said they couldn't ha, them. Pat said he
would have his life then. Pat then struck at
father with "a club. Pat ana father clInched.
| Humphrey was standing west from them
| AS Pat Leigh went out Pat Moyuahan said,
strike that man there" He ra,Sed To strike
Leigh hen Leigh said, Don't strike me
| boys, / aint gong 10 touch any OF you. =
| Humphrey raised his club to strike hin -
| Leigh turned To come INTO the house, when
Humphrey followed him and struck him -
| When he tn Pat Moynalian said, /" Tn lie IS
one ont o: the way, come and strise this one.
| He went towards father with club and
| struck him. Pat then took father around the
legs and Humphrey around the middle and
| threw him down. Mother ran and threw her,
self on top Of them The told they bad kill
eel one man and 10 leave that man TO his chill
dren. Pet Moynahan asked if they could
have. the calves Mul..eg said. J - hey
iei father up and he went TO where Leigh was
living Humphrey and Pat came up too -
They looked ut him and then run off as fast
as they could.
Cross E1-Q.-Do you remember the day
this took place Ayes. it was cold--snow
on the ground. CIV hch one said they
mad come after the calves A;-Pat O.
On what day of The week was this A--Sun-
da,. Q.-Did you state at River Falls that
PAT Mo, mahan said = strike that MANI" A
| Think did. Q--Where were you when
they first came up A-Was in the house
| went la the window and saw them Q-Did
you stand bl the window all the while p
/ A-No | went out when uncle Tell W no
/ " ent out first your uncle or your mother =
a-They went out together. Q-What did
your mother say when she went out Did
Lot say any thing. R-DiG you go out at the
same lime No, / went out when uncle
/ Leigh fell.
Prosecuiion rests.
a motion was made by the defence for an
acquittal OH account of variance between the
| name in the indictment and that of the de
erased The name in the indictment is SPELL
| ed Leigh. while the witnesses pronounced the
| name of the deceased in two syllables, as if
spelled Lea hey. The court refused to grant
acquittal.
HUMPHREY MoYNAHAN SWORN.
Am one of the defendants in this action
| Heard the evidence oil Donahue, Mrs. Dona-
| hue aud girl. Recollect of going to the house
of Donahue on the Dist of z b last. 1t was
! on Sunday. and l thought | would take a
walk TO Ptte Simmons While on my way
| | met my brother Pat Moynalan. Told him
/ | was going to Pete Simmons. He said he
was gong after some bags. He calculated
/ To clean his wheat the next day Told him
/ my bags were good for nothing. He said he
/ didn't care if he did walk over that way too.
! Ne both started a ong. He said his calves
were back to Donahue's and he weuld go af-
/ Ger them. We went along till we got as far
/ ms Donahue's when Pat asked me il | would
not go in little while He went in and