The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1870-05-03

been bitten, also one of her arms; could
see the teeth marks on her nose; two
wounds on her right arm, one bitten
through the skin and the other puffed
up and was blue and appeared to be bit
ten.
w. H. NORMAN am acquainted
with the prisoner and Isabella Hyssom
was present at the trial before Esq. Nor.
man; the wound on her nose appeared as
though it had been bitten.
DAVID HrssoM-Am son of the
prisoner; was up stairs in bed Sunday
night the 18th inst, my sister came up
and awokc nc, did not get up; heard q
noise down stairs, she was crying, he
was whipping her; father called me, wen,
down; he slapped her; 1 went and sad
died the horses; she said she was willing
to go to Esq. Wagner's and swear that
against Linn Smith; l went with them
Henry came down stairs when father
called him.
Cross ecdmiRed-Heard her tell him
not to whip her any more; she was coax
ing him to quit; he was talking when l
awoke; was whipping her with clap
board; was there the next day father
was away at George Shocks; she said
nothing to me about it.
Re eaamined bg Stakeholder took
her to Esq. Wagner's on Monday
brother James came home on the same
day.
Re eramiaed by defense-Father and
James never could agree; quarreled con
siderable; James threatened to pound
his head
The State rested.
The counsel for the defense stated that
owing to the absence of important wit
nesses, they were wholly unprepared to
60 on with the case.
Court took recess to 6 o'clock in the
evening.
EVENING.
DAVID HYssoM, recalled by State-The
mark ON Isabcla's face was not there on
Sunday.
Cross -eran,iaed-Did not notice her
face at Esq. Wagner's; she had her
clothes on when l came down stairs !;
father said he was whipping her because
she did not come over where he was at
work and tell him about the affair with
Smith. Objected TO; objection over
ruled.
The defense offered in evidence an affi
davit made by Isabella Hyssom, before
Esq. WAGNER, on April Is, charging
L1NzAY SMITH with having had improper
intimacy with her. -
Also, an affidavit of JAMES r NOR.
RIs that he was unprepared to try the
case, and one. from the prisoner that an
important witness was sick and could
not attend at this term of Court.
The next witness was the prisoner,
ELSON HYSSOM.-Never did CON-
nit an assault on my daughter on the
night of April II, or at any other time /;
came home and called for my hoy; my
girl let me in and commenced getting
supper, told her l had my supper; said
she was sick and would tell me il l
would not whip her; she said when you
and David were in the field working
Linn Smith came here and threw me
down; this is the third time he has
abused me; picked up a piece of clap
board, struck her two or three times and
told her she was easy forced called Da-
vid and she told him; slapped her and
said she had done wrong; she told me
the same thing about Tuell's boy; asked
me to GO to the Justices with her; said
she was willing to swear to the facts !;
affidavit was read to her at Esq. Wag-
ner's; James has threatened to kill ne
and has done everything that was mean
and ornary; coming from Wagner's the
horse ran against fence stake and
knocked her ell, hurting her very badly ;
never recollect of biting my daughter.
Cross eramiaed-After dark when /
got home; perhaps an hour after dark !;
children we're in bed except Isabella ;she
to tell me if l would not whip
her; sat down and said she was sick; did
not say whether I would whip her don't
k'..ow whether she cried before ! called
David; slapped her in the face don't
know whether I hit her on the arms
struck two or three timesTwith the board,
don't know which proposed first to go
to Wayuers, think she proposed first,
wanted to swear against Smith, II was
one or two weeks before that we were
working in the field didn't know whether
she was with child or not, live about two
miles from Wagncrs, about IL o'clock
at night when VIC startedto go there,put
her shoes on before starting, pulled them
off to GO. to bed, James came home
Monday night, VIC went to Wagner's
again Monday morning, got home be
tween l a;ii 2 clock in the afternoon,
staid at home from then to night, Isa-
bella was at Esq. Norman's Tuesday
morning, left my house Monday even
ing, James asked where she was, inquir
cd if twas true about Linn Smith, she
said it was, said her uncle Thomas met
her coming from Wagner's and wanted
her to go to Esq. Norman's and swear to
a lie, James told her to come and go to
Norman's and have it fixe6 up, swore he
would have revenge, was afraid of him,
told him to wait till morning and then
go, she went away as believe to send
me to the Penitentiary, told me about
Smith on Sunday evening, Ruth Murphy
died before Isabella told me about this,
since last fall she would mind James be-
fore she would me, had not been in bed
before going to Wagner's, tried 10 whip
her into doing right since then.
Re-eramiaed-Was raining on Mon
day evening when James and Isabella
went away.
Adjourned to Wednesday morning at
s o'clock.