The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1870-07-16
CROSS KxAMrsArIoN CONDUCTED By JUDGE

tHe uHncc NJ puilpsi nNcu NJ DohSo'"
four or five years. disagreement arose
between defendant and deceased about a
dance deceased went out to get some
beer; the Germans had danced, the
Americans were forming cotilion heard
defendant tell deceased to sit down;
heard defendant say id s--n--b-h /
will give him HI yet : deceased had got
about 30 yards when defendant started
! started two or thee yards behind defend
ant l wanted to see what was going to be
be done; though. they would fight de-
ceased was the Oldest and largest man
defendant walked fast until he got to the
fence deceased was going at n slow gait;
when defendant got over the fence and
picked up n stick was nj the fence; the
stick was about two and one-half inches in
diameter and about three feet in length
deceased was about 20 feet from the fence
when struck Clemens was between me
and defendant when deceased was struck
could see what defendant did; Clemens
was to the right; defendant struck with
both hands; deceased was struck on the
head; deceased had not stopped when struck;
it was u moonlight-night; he struck but
once; am sure of this Clemens and
myself did not pick him up; Hoffman
came there soon; first thing he did was to
help deceased up; saw Hoffman kick
time he kicked him on the hip; was close
to deceased when kicked by Hoffman; all
the kicks were about the hip; ] do not
think he had on boots, but cannot tell
Hoffman is Of good size, will weigh 100
or 100 pounds; after they picked up de-
ceased he walked; did not see him back
at the saloon again that night; l saw Hoff-
man back at saloon; we could see the sal
oon from where wo were dancing; l saw
Hoffman back at the saloon after the fight;
! did not see Clemens, Benton or deceased
back after the difficulty did see Benton
or Clemens again that night did not see
DIR. Williams or Hammers ut the place of
difficulty. Clemens and myself jumped
over the fence together. Clemens was a.
head. | saw Gully walk up before the
before the blow was struck. He was close
to Defendant little to his right. did
not pay much attention rs TO how Glenn
ems, Benton, Gully and defendant were
standing. The stick did not break when
defendant struck deceased. Gully took the
stick from defendant, and Clemens got II
from Gully. did not examine II careful.
~. Clemens took ii and struck il against
the ground and broke it, DO not know
what kind of timber IL was. There was u
good deal of drinking at tho saloon. / saw
Hoffman and Benton on Sunday. Did not
see Benton tho day of funeral, and do not
remember seeing him week, after.
John Clemens testified: know defend
an, and knew deceased; remember the
difficulty In which deceased was injured !;
it was ith of April, 1869; was working
for defendants father at the time; I was ut
Gumps went there with defendant; n
platform was built to dance on; the bar
was between platform and house; did
not dance; there were two kind Of Dances
Germans and Americans took turns; de-
ceased was on tho floor waltzing; defend
ant wanted deceased to leave the floor; de-
PENDANT took his ladytQtes seat and asked
# deceased was g q kRn the thing (;
| this to dpleQdan staid around
awhile AND I'd him that he
| defendant not 10 cot up fuss; deceased
started home; when 20 yards from house
defendant started after him; he went In
hurry; II fence surrounded the house about
10 or 80 yards distant; deceased had got
outside of fence when defendant caught
HIM defendant pulled of his Goa,
| and put il on the fence,
and jumped over it picked up q club. II
was red-oak about MS large as my wrist,
| three feet in length II was round and bark
| on IL ] saw defendant pick up the club !;
| was or steps from him when he struck
| Cully was with me; deceased was not
| quite in the road; deceased said nothing to
| defendant, nor defendant TO deceased
| (witncss here showed how defendant struck
| doccased); lie only struck him once;
saw no blood prevented him from strik-
| ing him second time l broke the club
| over tree; soon US deceased fell Hoffman
and myself picked him up Hoffman
| kicked him Ia make him get up; he did
not kick him with much force; we left him
with Hoffman and big crowd deceased
| said nothing he was not making q noise /;
| said 10 defendant, you have done the
work fer Joe; no replied IL don't care II
| did, will so for some more of the d--n
Dutch;' and Benton went
| home; n great many came
up TO where the thing happened; next
saw deceased on next Monday; he looked
rs If dying; did not examine his wound;
did not see him after this; | did no, see
defendant that evening after the difficulty;
! saw defendant on Sunday; had no con-
vcrsaton with him then about the diff.
| 'HAA.i y Nhlhth WIN MN Oh MONDAY, he
then said that deceased would die and that
no would be obliged 10 support his family;
talked with him on Tuesday; We worked
| on the farm he said he thought he had
| killed him and would have 10 leave the
country he said that he would skill more
Of tho d-n Dutch if they fooled with him.
CROSS EXAMINED.
had been to work for prisoners father
got 10 party after dark difficulty hap.
pened about II o'clock lheard defendant
gay that he would whip deceased |
as soon rs deceased fell went 10 |
him. nothing passed between deceased |
and myself after he fell when Hoffman
came was raising him up; told Hotf-
man not TO kick him that he was badly |
hurt; Hoffman and deceased did not con- |
verse in German; deceased was drinking
but did not appear TO be drunk; | did not
stay out with the boy l had gone ten or
fifteen feet when | was relieved by Glenn.
ems ! went back 10 the place of difficulty |
and found defendant and Benton the stick |
l.