The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1874-03-19

Nolney H. Benton 4 shot gun was exhibited |
to witness, and he said he had seen Irvine Dun |
gan fire the left hand barrel night before last.
Irvine DUNCAN. Borrowed the shot gun from
Quedo Ruff, fired one barrel seven eight times,
TO see if the length of time could be detected.
Explained as to the point in the orchard where
the boy Hayth located Mrs. Tilton.
Cross examined. Can not tell what Sam.
Hayth said when he was locating Mrs. Tilton's
position in the orchard. 1t might have been
some one else who showed me where the boy
had located the point in the orchard. Fired one
barrel of the shot gun at the Bank and brought
it up while Sheriff Hubbard was testifying
When brought the gun into the Court House
found the barrel warm that had been fired
and L smelt warm smoke in it. lit match
and tried to get warm smoke into the other
barrel, but could not do so. 1 then tried to get
the smoke in at the tube, but it commenced to
bIacken the tube, and dropped it, wanted
to test the skill of the Sheriff with this gun.
Kate Brooks. 1 am acquainted with Emma
Heinke. Saw her at our house the day that
Frank johnson &as buried. am thirteen
years old.
Emma Heinke recalled. Do not think was
| at Mrs. Brooks the day Frank was buried
was at Mrs. Brooks that day. Saw Kate. Did
not tell Kate that did not see any thing, only
what Sammy told me.
| Kate Brooks recalled. Emftia was at our
house. IRsEed her no questions. She just told
me. She said her and Ida Dickson were in the
road by the hawthorn tree, on the road from
| the school house to Miller's, and Sammy ran
down and told them that She had killed the
boy. She did not see ant sctiy at ali, but Sam
my told her.
| Cross examined. was at scho oil. Went home
| across Mrs. Tilton's field, but not towards the
| orchard. Emma sa id she had not seen the boy
| killed, only Sammy had told her. She did not
say she had not seen persons there. 1 asked her
no questions. Cannot remember what was the
i first thing she said. The first thing that she
7 was down at the thorn bush, when she saw
Sammy Hayth running down the hill. and he
told her that Frank John son was killed.
Cornelius Palmsr ed~ Michael kadcliff a
day or two after the boy killed. and un-
derstood to say that he had just got home from
hunting as the school clsjldren got home that
dav.
Cross examined. He might have said that he
had just come from town. Am not positive.
n Mrs. Hayth. Am the ,iicther of Samuel
7 Hayth. Am acquainted with Mrs TiIton. Ate
4 supper at her house the Saturday night before
! the boy was killed. had sent my little daugh-
y r.to tell her that would be there to supper
My brother, William Thompson, was there at
8 supper the same time.
r. Gross examined. My brotheris q, unmarried:
II Ella Tilton was there, ie years of age.
ri Lena Yochern. Am IA first of July. Emma
i Heinke day two after Frank was killed, 1
saw her at our house. She said she did not see
d Mrs. Tilton, but heard the shot and saw the
n smoke. Afterwards she denied it, and said she
= did see her, with a cap on.
Cross examination. She said she did not see
u her shoot. Last Sunday she told me si,e he'd
n not said she did not see her, but that she said
d she had said she did see her, with a cap on.
/ William Aleshire. Saw some boys with guns
out there after the day the shooting had been
done. Did not hear them shoot.
David D. DUNCAN. Was out there Thanks
giving day, and heard shots up in the woods
above the orchard.
I'll Mrs. HissihSer. DO not remember of seeing
a persons out there shooting during the week
II succeeding the killing. Been some hunting
NJ there since.
H VIM. III. Tolley. Boys frequently came and
j borrowed cutting plyeTs at my jewelry store, to
q cut lead into slugs, which they said they want
D ed to use in shooting. 1t was warm weather.
J, AJteTneOn.-William puHadway. Was there
several days during the week after Mrs. TiIton
was arrested. Shot in the orchard several times
Used paper wadding.
II Cross ex xamined at great length, and told all
q about where he had been shooting on the prem.
IS ises.
u Henry Price. Was out there with David
e4 DUNCAN and Jos. Watson. They showed me
II where the boy killed. This was this morn.
ing. Went over to the road and looked to SEE
if we tould discern man in the orchard. We
could discern him when he moved but could
not tell a man from a woman, ON account Of
the brush and limbs on the trees. Mr. Deve1
} and Capt. Davis were there. Irvine DUNCAN
was also there. There were two others that
did not know.
Cross examined. Left Dever at the point se
lected, and after we went to the road he came
tol us. DO not knowswhether the man we saw
was Dever, or whether it was at the point where
we left him. Saw men above there moving
about. There was not so much brush as at the
other point,a could recognize them as men
Could have seen them if they had crossed the
fence at the corner, near where the boy wa.
killed. The fence was'in view to the corner. @,
nearly so.
John HANNA. Went out there this morning
Found Irvine DUNCAN, David DUNCAN, JOSEPH
watson, DIR. Williams, Mr.. Dever, Capt. Davis
and Others there. Witness gave substantially
the same description of the grounds as the 9th
ers.) was placed at point in the orchard
and Dever proposed to take position at a bush
lower down the hill. 1 remained where was
: placed, and saw the men reach the road, Could
; see them going up and down the road. then
left. Dever left his position before the men
reached the roadl frv ne DUNCAN went to De.
vers position and once waved the paper
NJ Lewis Davis. Described the ground at great
slength, but nothing different from the otbe,
:, witnesses0
arx DR.. VIM. E. Williams. Was out there Thanks.
giving and also to-day. If the boy had had his
head straight with his body as he was WALKING
in the path, the ball from the point in the
orchard where Mrs. Tilton was said to have
been, would have struck him behind the ear
10 have been struck in the left temple, his head
must have been turned about one-sixth of the
way around, to the left
Cross examined. 1t was but two or three pan.
els of fence from the place where the ball
struck it, until 1 could see the road from the
school house down,
David Hildenbrand. The witness was one OF
the party who was out at the grounds this
morning, but had nothing new)
Nd Deyer. (Witness was one of the marty
who was out at the grounds this morning, and
his testimony agreed with that of the other
| witneSses,)
David ID. DUNCAN recalled, and testified as to
what he had seen on the ground this morning.
same as the other witnesses
Sarah Miller. Lived mile and a half from
jackson the day the boy was killed. Went to
Mrs. Tilton's orchard about five O'Clock on the
evening the boy was killed. Ella Tilton came
to us. Got near where the boy Law when Ga VI,
Ella. My mother was there Col More asked
the witness whether when Ella came upon the
ground, she made any inquiry as to what was
going on. Objected to, and objection sustained
by the Court Point reserved by the defense
During the time that Ella was on the ground. 7
had n conversation with her. She was not
there more than ten minutes. We left together
L went home, and she went to the house of Mrs
Tilton, where she lived.
Cross examined. Ella came up from the house
soon after my mother and got there Did not
see John Miller's wife there while was there.