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

Will SHrlSty aOOuC q month"; knew his
voice in the crowd; knew Johnston but
never talked with him; saw him with his
team three or four times q week; think 8
persons came on the porch of tile house :;
came there at II O'Clock or after that
time; don't know how long after they
came, until | went for the police y they
asked several times who Informed the
police; Barker and .Christy asked the
question several times; told Christv,
informed then was struck by John
ston; had the revolver in my right pock-
ct; recognized Johnston as the man who
struck me; struck me the second and
third times; Barker then came up;John-
ston held me by the right arm; after he
struck me the 2n1 time and knocked me
down / fired at his feet don't know how
often | was struck before fired the sec
ond shot; Barker struck me just as I
fired the second shot; was about half
down when I fired; the revolver was
loaded with cartridges; did not shoot
at any other time that night.
Re examined 5y the Defense-Did not
think | would get away from that crowd
with my life; was disabled from the in
juries received for about two weeks had
no cartridges for the pistol
Re examined by the State--Was in Jail
from Friday to Monday morning; du-
ring the two weeks was here in town
and at Robert Daily's; went there on
Tuesday evening and back to town on
Thursday; remained here until after
| Court. - EN
Adjourned to o'clock p. m.
At the evening session the defense
called Mr.. john HALL, his testimony
was substantially the same as Mr.. Lit
ties, with the exception, that Wilbur
gave himself up to him, Hall.
H r. MASON was called by the de.
Tense; said he called at the jail when
Wilbur showed him his injuries; his
back, sides and left arm were bruised
and disco]ored did not examine them
Yclosely; cannot say whether they were
made by blows from mans fists; Will
bur did not return to work for me until
after he had been indicted by the Grand
Jury.
By the State-Could person follow
ing Wilbur have inflicted those bruises
from the front?
Objected to. and the Court sustained
the objection.
Mayor GRlMsHAw was called by the
defense, the preliminary examination was
held before me; Eliza j. Sullivan said if
Christy and Johnston came about the
house Wilbur would shoot them, but did
not testify as to Wilbur saying he was
mad at Johnston.
MARTIN BAKER testified to the same.
Mrs. RUTH PIPER was. called by the
prosecution-Live just across the street
from where this affray took place; did
not see the crowd at Givens' house saw
them in the ally between II and 1
o'clock; it is further from Givens' than
from my house; heard no noise at Civ
ems house. ci
Defense-The crowd was on the Chris
tian church steps between IL and 1
o'clock the clock struck one when the
killing took place; don't know when the
clock struck IL; didn't notice; watched
the crowd all the time after they went
into the alley.
At 8 o'clock in the evening, the evi-
dence being all in, Court adjourned to
Saturday morning.
Court opened at 9 o'clock Saturday
morning.
JAS. r. MORRIS, Esq, assistant pros.
ecutor, addressed the jury during two
hours, in forcible s. ch citing various
cases from the books,
JERE. WILLIAMS, Esq, one of the
counsel for the defense, next addressed
the jury.
WIN. F. HUNTER, Jr., Esq, closed for
the defense, making an able plea to the
jury, and citing authorities to sustain
the defense.
j. P SpRIGes, Esq, closed the argu-
ment in mastery effort in which he re-
vived the evidence and cited a number
| of authorities. ssosI egiE sG
The charge of the Court was reduced
to writing and the jury retired to their
room at half-past 2 o'clock.
The jury returned into Court at 10
minutes past 6 o'clock. The Clerk called
the jury and in answer to the inquiry :
"What say you, gentlemen of the jury,
is the prisoner at the bar, GEORGE Will
BUR, guilty as charged, or not guilty ?"
| THOMAS A. WAY, Foreman of the Ju-
ry, replied: "Nor GUILTY" The Court
ordered the prisoner discharged
| ImpOrtanttO Farmers,I Iasla