The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1873-11-04
The Trial Of Richard IenthOrn,
charged with shooting at James
shook with Intent 10 Kill.
TIE VERDICT AND SENTENCE

This case came on to be tried on
Wednesday, the 10Th inst
Counsel for the State "A. j. PEAR
SON, Prosecuting Attorney, assisted by
AMOS & SPRIGGs.
For Defense w. F. HUNTER and W.
E. MALLORY. Esq'rs.
H,.s The JURY.
JOSEPH BAKER, H j. BENDER.
l. Y OKEY, JOHN GILLESPIE
CHAs HILL, r. j. HUBBARD.
M LANG, 49, HENRY MowpER.
T. ID. CRAIG, JOHN RUBY
SETH WARD, JAS. BIGLEY.
The first witness called was JAMES
Shook, Sr., who testified as follows:
Was present on I'd. of September
when shooting was done; as we came
home from Esq Bunflls we came up
from Mr.. Yesger in a piece of woods
first thing we saw was R. Henthorn step
out to The edge of road, went up the
bill, was 40 yards below, boys ahead of
Hendershot and I, when VIC came R.
Henthorn told Hendershot to pass on
or he would shoot him; Henthorn turn
ed around to me and said he wonld
shoot his heart ont, unbuckled belt, drew
revolver, snapped cap, run to get gum.
defendant shot, heard shot, pistol was
pointed at me, revolver appeared to be
wrong, Henthorn turned round barrels
and then the pistol went off, was about
20 steps from him,was going from him !:
he sNore he would shoot my-hea+t- -e..s,
don't know what revolver WAS loaded
with, cracked like it was loaded with
powder. and lead, didn't stop long
enough to see where ball struck: de-
fendant tried to shoot again, followed
US. tu:r --.-
Cross EXAMINED Run about 20
steps to get gun; just as grabbed gun
Henthorn shot, bursted cap before
started, he was holding pistol out, as /
turned round he turned round pistol al
ter caps were snapped, before he fred,
he fred just as l got gun, I was afraid
I wo uld be shot; asked for my gun
my boy had it; he was back from the
road out of our sight: came out and
said he could whip any man that ever
walked that road coming from trial
at that time; 40 yards from him; he
picked up stick; when he said he
would shoot my heart out. 1 waived my
hand and told him to 60 away; he kept
following me up; started to run when
he bursted two caps; when / got my
gun whirled and shot al him; shot at
him to save my life shot at him to hit
swore before the Justice that shot to
kill him; after shot, broke and run
stopped in fence corner; saw the
Henthorns coming with their guns in
their hands; think my gun cracked first
laid my gun on the fence; where stop
ped the road intersected the main road
going to my house; fence was in the
forks Of the road the right hand road
leads to my house and the left hand
road to the Henthorns; they were not
up to the forks Of road when l shot
after shooting run, the last / saw wai
Richard Henthorn, standing sbont where
/ shot from, looking around; didn't
stay to see where they went; when
first shot Eli Henthorn was taking sigh
at me; can't tell how long it was be
tween their shots was very quick work
perhaps a second or two between shots
did not say the Henthorns swore te
d--n lies 6a d
RE-ExAMINED.-Was going home
when met the Henthorn's; Henthorr
was about 80 steps from me when th'
second shooting took place; he was
STOPPING over looking for me; was ,
quarter OF mile from forks Of th,
road when / first saw Richard poinsin!
his gun at me; my gun went off first
Richard shot next at me, then Eli sho
at my boy and cut hole in his Goa
sleeve; stepped the ground two day
after the shooting. Il
BIZ DEFENsE.-At the forks of tn
road would turn to the right and tn
Henthorns to the left .siJ
JAMES SHOOK. Jr.-Was present whe
they came to defendant in the road
father had to 90 some distance for gun
could not say which one Of the defend
ants pointed pistol at him; dsfendan
said he would shoot fathers d.
heart out; were ten Or Is steps fror
defendant when he snapped cap. e.
Henthorn and father shot, as well a
the defendant; cannot tell what count
I live in. f3a .eGa ,ae 80
] Cross ExAMINED-Knew the shoot
ing was on the End day of September
1878; it was the same shooting for whic
took out warrant before Esq. Bunf
for shooting at father. Henthorn wa
moving round in road when we cam
up to him; father got gun from Elam
father went about 10 steps to get gun
this was after defendant had shot; El
Henthorn and father shot about tn
same time; the guns were pointed a
each other; defendant held the revolve
out at us; don't know which be wa
pointing at; there we're five of us in tn
crowd defendant shot first; didn't hi
anybody; Henthorns were about 10
yards behind when we stopped at pat
, leading to our house; shots were fire.
there didn't see who did it; witnes
stepped TO one side, over the bank; ia
ther said he was about give out,
ELAN SHooK-BY STATE-SawsRiehar
Henthorn about 40 yards ahead in tn
road, picking up club; when we cam
up Henthorn told Hendershot to go Of
or he would shoot him; said to fathe
"better not go along there or he woul
shoot his d-d heart OUT" father toll
me to shoot Henthorn; did not do it
father got the gun; defendants sho
went near my foot; saw the mark o.
the ground.
DEFENSE Defendants revolver wen
off just as father got the gun there wa
of us; / was before with HendersEo
when we first saw Richard Henthorn
had two guns along with us; brothe
raised the gun to shoot Dick; this wa
after Dick had snapped the caps; wen
out about three quarters of mile an
stopped; the iHenthorns we're about 15
yards behind when We stopped; fathe
said he was give out, and would sto
there; said he might as we'll die ther
as any where; father and Ben each ha,
gun; they stayed behind and Jim an,
|, went on round the fence; father wen
3 or 4 pannels out the fence that goe
along the road father shot; Ben stoo'
up and shot over the fence father sho