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

~ Ns'atf vi gu WIN w w fA~AP
your brother get the calves Z No. went in
10 have a chat--euppose brother was goiHg in
alter his calves.
Re- Direct.-Never saw Leigh before that !
know of.
PATRICK MoYSAHAS SWORN.
wenl to Pat Donahue's house on 2lst of
February. Went APP 10 the stable and Pat,
was there taking care of the horses. Then
we went into the house and | staid there
about an hour, Cannot remember much of
the conversation. Told him l had bought
the calves lille he was gone, of William
Sanderson. He wanted 10 know how ] could
buy them of Sanderson told him his vile
had sold them to Ssnderson. and / had
bought them of him.. He called Pat. Leigh
ont. He told me that if drove the calves
away he would sue me. and told Laugh 10
witness it, He swore that any one who had
anything 10 do with his property when he was
gore. he would make them pay for 1T IT there
was any law in the state. told him L did
not care nything about The calves. but want
ed the money il | did not have the calves
| then went home and fed the cattle. and
then went to Barney s-nexi neighbor. i
went ont and went dawn the road and met
Humphrey. Asked him where he was going.
Sail he was going to Simmons. Told him
| was going alter some bags. l turned back
and told him 1 guessed l would walk over
that way too. We went as far as the bars 1T
Douahue's house, and l asked Humphrey if
he would turn in Said he did not care if
he did We walked right along IN. with me
ahead. | went down toward the straw pile.
When went to tine corner OF the honse 4
saw Leigh in front of the corner of the house
Donahue stood about two rods i'm front OF til e
door. 7 was passing him to go TO the straw
pile I told him had come after the caves.
He said should not have them. He told
Leigh to pick mp club and go at Humph-
rev. He got another and came at me. i
turned round when Leigh was drawing a
club at Humphrey. He struck at him once
and was coming at him with the second blow
when Pat came at me with the clnb. He
struck at me and warded off the blow. /
had a small stick and struc; at him. | took
hold of INN around the waist. His woman
came down and took hold of my hand and
loosened my hold and they both threw me
down. Humphrey came down anil took h old
of Pat aud got him off me. ] got mp ami
We both ran. We went over to Dan Collins
During the tussle did not say anything to
HUM hrey. After came up 10 the house |
did not say anything to Humphrey Moyna-
I han.
AT this point. six witnesses were pro-
duced by the defense, who swore in impeach-
ment of Mr. AMI Mrs. Donahue. The form
ua of questioning was this: Are yon ac-
quainted withthe general reputation of Mr..
and Mrs. Donahue for truth and veracity. in
the community where they reside Is such
reputation good or bid From such repu-
tation. would Won believe th,m under oath I?
To the first OF these questions they answered
Yes, To the secoHd. Bad. To the last. o
On ross, EXAMINATION, it was discovered that
the persons from whom the impeaehing Wit
nesses gaherctitheir knowledge of the gem
eral repui alton" were nearly identical in all
cases. and were limited To from four to six.
Among them were Thomas FINN. Simeon
Farnsworth, Hosea Bales and John l.. Dale.
The impeachlng witnesses were Hollis s.
Proctor David Proctor Daniel Collins, Thos.
Carr. Shepard and Shubel Davis.
DIR. Wilcox, of River Falls. was next sworn
He testified among other things that at the
examination Of the prisoners before him n
justice of the peace at Rive, Falls. Pat Dom
ahue swore that during the melee. Humphrey
Moynahan struck him twice. dc.
t'.V Wis was then called TO the stand
and testified that certain man from Maiden
Rock, supposed to be the deceased, at trial
i'm Justice court in Prescott last winter. wrote
his name ON piece OF paper. "a Patrick
Leahey." Mr. Wise said be could not say
that said Patrick was identical with Patrick
the deceased
p. ID. Pierce was next sworn, and stated
that at the time to which Mr.. Wise referred
Il MN whom he supposed TO be the deceased,
gave h,m his name and pronounced it in two
/, syll ibles. DC. Six men were then sworn. Who
testified that the reputation of the prisoners
prior to the homicide as good and orderly
citizens, was good. They were d. Proctor,
IL. s. Proctor, Daniel Collins. Mr. Fitzsim-
mons, G. NJ Lowell, and Mr. Hawley.
Mrs. leigh, the widow of the deceased
was then called to the stand. She testified
that her husband could neither read nor write.
Mr.. Button then spoke to the jury in be-
hall of the state tor an hOui and forty min
utes. lis argument was excellent. The
court then a journed till e o'clock Satur-
day morning.
Saturday morning Mr. Wilson addressed
the jury IN behalf of the prisoners. His cf
fort WAS reported TO be in accordance with
his high reputation as a criminal lawyer. aud
had the Try then retired. verdict of acquit-
tai would probably have been found. Mr.
White followed for the prosecution The
verdict of the jury is the only compliment
he needs At eleven o'clock the jury retired
aud rema ned until 6 o'clock p. m, when
they returned rendering he Following verdict:
= Guilty Of KanStdughter an tho First De-
gree "
Tn addition. the jury recommended the
prisoners to the mercy OF the court.
Patrick and Humphrey Moynahan were
then sentenced to three years imprisonment.
the first day OF which to be in solitary con-
finement