The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1873-11-04

then the gun, they went off almost to-
gether; Dick Henthorn was 19 or 20
steps from us, standing in the middle of
The road Shook was on one side Of the
road, and l was on the other. ] was
not on line between them; could see
Shook and Henthorn without turning
my head; Shook got the gun from
Elan; | told Henthorn not to shoot;
after Richards revolver snapped be
turned to Eli Henthorn and told him to
shoot the d---d g. of BIB,
then Eli raisedjhi gun; had been at a
trial at BunflIs; the Henthorns were
ahead of Shook and waited until they
came mp: Richard had his coat and hat
off; Richard shot first.
Adjourned to l O'Clock p NJ.
BENJAMIN SHooK-ON PAKT OF STATE
Il vas present at shooting .affray in
Jackson township on September I'd,
1878; Richard Henthorn shot at my ia
ther; he snapped revolver twice at
him; | heard Henthorn say that he
would Kill my father, that he would use
an Ak, knife or revolver this was two
weeks before this shooting pap shot at
him, then Eli Henthorn shot at pap the
pistol Was pointed at pap when it snap.
ped; we had guns; pap got the one
he bad from Elan Jim, had my gun.
! RE-ExAMlNED Have seen the revol
yer; it was good big one,
The State here rested ' --
DEFENSE first witness called for
the defense was Eli Henthorn.
Am one, OF the parties; vas present
when the difficulty occurred; Richard
and l came away together; when Hen.
-aersssot and. .Shnoks- came up Richard
told Hendershot to pass on; Shook
called to Elam To hand him the gun and
he world shoot his d-d heart ont
said d--n him I'll pass him on Shook
shot at Richard first; after Shook shot,
Richard Eursted one cap; afte- the
Shocks had gone we went on and bang
went gun; saw old man Shook; both
l saw had guns, Shook and his son
Ben we're the persons; We turned 10 the
left then and went the other way !;
Shook and Richard had not quarreled
Cross EXAMINED We set down to
rest on the hill above Yeagers; Rich
ards revolver was in his belt behind
him !, Shook called for his gun, when
Richard took out his revolver; told
Hendershot to pass on said he would !;
nothing said about shootihgs believe
Richard said something about being a
good man; Shook was 80 or 35 steps
off when he got the gun; Richard fred
the last shot; there was minute be
tween the shots of Shook and Richard
he had his hands on the revolver when
it went off made 9 hole in the ground
near us; raised my gun up when Shook
shot; at the forks of the road saw two
men jump across the road; one bullet
passed near my head: have seen the re-
volver; don't know what it was loaded
with. :, # j. i II 4 (
Re- RE-ExAMINED-Hendershot was there,
Richard, nor myself did not say, shoot
the id s-n of b-h.
ANDREW Cox. Was present at part
o. the trouble; was with the Henthorns
saw the Shocks on the hill above Yea
gers; Richard said to me hold on AID
you'll see some fun directly; Richard
said to Hendershot aud Shook, pass or
and don't say a word to me; Richafc
went behind Shook and told him, to e
on; he bursted a cap on his revolver
was working with his revolver when j
went off; Shook shot first; Richard
snapped then and then Eli shot, a..s..
Cross ExAN1NED.-Saw Richard picl
up stick and kick it away; had hi
coat off; said hold on and see som
fun ;-didn't say he would shoot !; Shool
told him to mind his own business; saw
Richard take out bis revolver and holt
it up; took it down after Shook shot.
/ By THE COURT When Shook shot h
was 81 steps from Henthorn; was sevel
steps from Shook when his revolve
snapped; between and 81 steps whe
the revolver went of
| By CoUNsEL.-Didn't testify befor
ESQ. Buufill that Richard sbo: first
didn't say to William Hathorn that h
shot first; never said anything of th
kind to any one. -
ADAM HENTHoRN-Was present 9
the trouble: had set down to rest whe
the Shocks and Hendershot cam
along; Richard told them to pass along
Shook id him to mind his own by
siness; that he would blow his beal
out; took the gun from Elam and fired
Shook shot first; 80 or 81 steps apart
Shook said d-n you mind your ow
business; his son met him and handle
him the gun; took aim and fired; di
not hear Richard call to Eli to shoot
Richard fred into the ground
Cross EXAMINED Shot his revolve
into the ground; Shocks came along
the boys or Hendershot came alon
first Shook walked part of 35 yards t
get his gum Richard had his revolve
pointed down when Shook went afte
his gun,
j JAMES Shook .Sr., was recalled b
the defe lsc
i Did not tell Mr. G. CorIey that l she
at Henthorn first
Il G. CoNLEY.-Mr. Shook told me tbs
he shot at HenthoIn to kill him.
RICHARD HENTnoRN am the d,
fendant; we met on the Hill told Shoe
to pass on; he said he would pass m
on, and fred his gun; was trying to &C
my revolver out. 'sd aai
Cross ExAAINED.-Told Cox to hol
on TO see fun, always was funny; didn
intend to kill. ANYBODY: didn't want t
associate with Shook because he trie
to impeach me at the Justices; went 2
steps to get his gun; when he shot
was trying to get my revolver ont.
The defense rested.
By THE STATE
| r. BUNFILL.-Am Justice of tn
Peace; remember Andrew Cox's test
mony; he said he came up with Richar
Henthorn; he said that HenthorE she
first.
Cross EXAMINED Am certain ths
Cox said that: don't believe, but kno,
it; said that Richard held his reyolve
up and fred it.
/ VIM. HATHoRN.-Had a convcrsatio
with Mr. Cox on September I'd, abor
this shooting; he said Richard Her
thorn first snapped two caps at Shoe
/ when the revolver went off. Shook the