Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1870-08-11


law, this case came before H. l., RSAD, ESQ.
for trial last Friday, w. w. LtAsNs being
attorney for Plaintiff and II. p. WEpgR for
Defendant. According to promise we took
notes Of the testimony, and give below the
evidence as nearly as it could be done by
long hand" reporter:
c. Il, EUSsELL SWORN,
Says :-0n coming out from the dining
room TO the Office OF the L. Hotel for the
purpose OF getting nv yaIise to carry 20
my room, | met j. ii WILKINSON with bill
against ne, Failing to make change, |
sent lam out with five dollar bill to yet
changed. While waiting for him to return,
aud writing receipt for him to sign, Mr.
OwEN came into the office Of the hotel, and
Shoolt hands with me across the counter. |
being behind the desk, and after passing
the time ot day IN a friendly manner, hc
came round behind the counter where |
was. We commenced talking then about
Il cengerNtlon We had had the day before
in regard to bet that had formerly been
made. We talked some time. don't re.
member just what was sad. used no
abusive language, hut noticrd that he did.
hn the mcmtimc Mr. Wilkinson returned
! settled ry business with him, walked
round III front of the counter, and took NV
valtse, and a, | was taking il Nv. OWEN
caught Aold Of me bv The coat on zach side
He was inside che counter, | out$ide As
he took holj OF my coat he said with oaths,
"Iold on | have not GOT through with
you vet" | knew it was 10 use to trv to
yet away, and set my valise down until he
should let me 90 ,En>t chen he said "Dldnt
You say y0p woaldut pay nln that ten dot.
lars ? save 30 hlm, "No, never said
any Srch thieg. have always said that if
yoG beat me, ~ a matter of course, | viii
pay il; this is before the thing is decided"
He lirw into rage, and swore thas if
aid'nt take that back he would give me
hell or soHe such words Don't know
Just what words he did use. At the s.pne
time he took me w the co@ on the right
side, and slapped ~e in che face with shs
fat of his hand; and the next move, he
struck at me with his fist, with his right
hand, holding me with his left. He faied
To hit ne, howevery as warded the blow
of with my left band. At that period ,1ouN
B Ban aud J. II W uslNSON caught him,
one holding each hand lN the meantime
he held ne in his grasp, and finding his
bands and arms powerlcSs, he used hia aset
He Dhrew the weight of his body beck on
to the parties who held him, and as he
threw himself back, pulled me toward hie,
which gave hinl a chance to kpct me cW Clts
head. He hit me twice on the forehead
with his tpets, Seeing myself in close
quarters, aliTped OF my coat that he was
holding, aud got out OF there, and went IN.
to the dining room Of the ho5el gmd thence
20 my DOM.
In answer to questions bg LKENs, Nr
RUSSELL said the counter of the hotel is
probably two feet wide. IJc called me a
Id liar; couldn't tell half what he did
say. did not strike at him He had hoid
,of me in such way that he was ohoklue
me- told him to loosen me- He said
with proiane language I'll loosen You ~
The FIRST blow was not serious, which he
atrack with the fiat of his hand
en- crUss-eXamuatiOn by WEBER, Mr.
RUSSELL said had a scy0lycr with me at
tie time, bnt made no effort 10 take it in
nv hand, or use it. Ny revolver is seven
shooting Smitha Weston. always keep it
loaded OWES bud me by the coat and pulled
me over seward HIM ! tried to keep his feet
of with my hands | have carried reyol-
yer ever since came TO this town, TO he
prepared to defend my life in ease of ab-
solutc necessity at any hour. OWES said
something about revolver during the fuss
Don't remember hs words, lie appeared
to have an impression chat was going to
shoot him. He acted as Enough he vas ex-
cited or intoxicated.
In answer to questions Ny LIEEys, Mr.
RusssL said | said nothing about shooting.
Made no threats
JOHN BOHAS SWORN,
SAYS II was in the T. 3 Hotel Tuesday
evening August 2j Am acquainted with
nwpn and Eul4pll Myself I II WitEip.