The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1871-05-09

ley we were DeCWcetl llic crown anu h'eN'
ln's shop; Wilbur was struck and stag
gered back, followed BY Johnston unlil
they went down; Noah Barker followed
kill the s--n of b-h ;were making con-
siderable fuss !; said they would not be ta-
| ken.
Re eramined 6y the State-Little was
the chief officer; said he and Conger
would go down and try to quiet them !;
went down to the crowd without further
orders Barker said kill the s-n ola b--h
after the first fire not certain but he said
it before too. -H
Re eramined BY Defense-Little said
for us to stay there and he and Conger
would 60 down and quiet them Hall, the
Marshal, was left with us; the noise in
creased and we went down to the crowd
DANIEL CoSGER-By the State-Jolin-
ston struck Wilbur after he said he had in
formed ; staggered him back s or 10 feet,
when he hit him again and brought him
upon his knees; Johnston was nearly
over him when Wilbur fired; Johnston
then followed up his licks and got him
down Noah Barker said kill the d-n s-n
of a b-h, when Wilbur fired the second
shot; both were upon him; think twas
the second shot that took effect.
By the Defense-Johnston had stones
in his hands before he struck Wilbur; ;
struck him about the face; think he had
stones in his hands when he struck; think
the first shot did not take effect; was
close when Wilbur fired kept following
up until they got down on the ground
Barker was striking and saying kill him
thought he was striking at Wilbur; first
saw Wilbur across from Grimshaw s cor
ner said he was hunting John Hall next
saw him with Little and Hall, at DORIS
Hotel, going down towards the crowd !;
Wilbur was retreating all the time after he
was struck, Johnston following him up !;
Barker said two or three times, kill him !;
both before and after the second shot was
fred
Re eramined by the State--Little said
he did not come there to drive til EN- away,
but to quiet the noise went about 10 feet
before the first shot was fired, and about
25 or 80 feet from there to where the sec
ond shot was fired; Wilbur backed away
from Johnston; he did not turn to run;
was about 5or 6 feet from Wilbur when
the first shot was fired.
Re-e1amined BY Defense-The ground
was dry; Johnston was close to Wilbur
from the time he first struck him until he
got him down.
THOMAS o. LITTLE-By the Slate
Was present as Deputy Sheriff and Po-
liceman; Hall. Truck aud Wilbur went
with me down to DORIS, where we met
Conger and Read ;all went down to Grim
shaw's corner; went with Conger to the
crowd to have them keep quiet;they wan
ted to know who reported Wilbur said he
had, when Johnston struck him; then
Wilbur fired, the crowd shouted kill him !;
near the mouth of the alley saw them
down-Wilbur on the ground, Johnston
on top of him and Noah Barker over both
of them; thought Barker was cutting
Wilbur's throat; heard the shot, but do
not know who fired the shot; they became
quiet and some one said Johnston was
shot; don't know who shot him. ''t
By the Defense-Was notified by Will
bur and Truck to 60 down to where the
disturbance was; ! asked Wilbur to go
with me when we met Conger and Read,
I again asked Wilbur to 60 with us; the
crowd had all been drinking ;the Barkers
are dangerous men when in liquor; Will
bur answered after the question had been
asked four times. that he had informed !;
Johnston struck as soon as he spoke,
knocked him back and followed him up
and struck him again, when Wilbur fired
the first shot; Johnston followed him,the
Barker's calling out kill the d-n s-n Of
h-h; both down before the second
shot was fired Barker had his left hand
down towards Wilbur; called out that
Barker was trying to kill Wilbur; ground
was dry.
Re examined by the Stdte-After
johnston was shot thought Barker was
trying to cut Wilbur's throat.
Re examined By the Defense-Barker
said kill the d. N s-n of b-h this was
when Johnston had Wilbur on the
ground,
Mrs. JANE WILBUR testified that Will
bur wentto his valise and got his revolver
that night before going out; Mrs. Wilbur
stated that they were cursing and making
a noise for an hour or more before Viii
bur went out; they came to the door and
called to Wilbur to come out and they
would kin him the one calling out said
his name was Noah Barker; they were UP
in the alley when Wilbur went out.
ELIZA j. TOWNSEND By the State
Acquainted with Wilbur; was not pres
ent at the disturbance; Wilbur said
about two weeks before the Fair that if
ever Johnston or Christy or anybody
else came about there or around there
he would kill them said he was mad at
Johnston had been for several years
said he would borrow his brothers revol
yer and would shoot the last man of
them if they did not keep away.
By the Defense-Liye in Virginia
came here yesterday with James Cooper,
Lewis Johnston and my husband; was
before the Mayor and the Grand Jury ;
Wilbur said he would kill Johnston and
Clristy if they came about there; | tes-
tifeG to the same thing before Mayor
Grimshaw that have said here.
Drs WAY and WALTon testified that
the first shot took effect in Johnston's
left leg, merely breaking the skin.
The counsel for the defense here made