The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-02-17
The Case Of 0hioy David Carpenter
| Attorneys. Jury, Evidence and
verdic!.

NV OuoO VI OhtV W Dutiu Oai pCutCl
Attorneys. Jury, Evidence and
Verdict.
This case came on for trial on Thurs.
day, the 18th inst on an indictment for
San assault upon JOHN DUvALL with in
tent to murder"
ATTORNEYS
State-A. J. PEARSON, Prosecuting
Attorney, and w. +. HUNTER. Jr.
Defcose-J. o. AMOS N. HoLLIsTER
and C. p. DoRR, Esqrs.
THE JURY.
The following were empaneled and
sworn as jurors:
A. G. BEAZELLE, ISAAC TRUAx,
WILLIAM ENGLISH, JOHN B NoLL.
GEORGE LEMLkY, FRED KoEHLER.
SAMUEL HUNTER, JAMES Z SMITH,
ROBERT JOHNSTON, GEORGE KErTERER,
ANON MOOSE, WEsTLEY BISHOP.
A plea Of ssnot guilty" was entered in
the case. and witnesses for the State were
called.
THE EVIDENCE.
JOHN DUvALL-I am the prosecuting
witness lat the Sixteen school house, 24th
December, at literary society when it was
out started home, had gone twenty yards
Carpenter said hold on, understand you
said you could whip me; said d-n you,
will whip you anyhow; attacked me the
third time, when Knocked him down
he called for mis- coat to get his revolver
then drew his knife and cut, you can see
the marks on my clothing; then hit me
with a revolver; then said he was willing
to make it up; got over the fence when he
followed me and said he would cut my
heart out, fry it in my blood and throw il
in my face; first saw Carpenter in the
school house at night; was struck on the
eye with revolver; heard it snap; when
he lalload to me first he was 6 or steps
behind me; came out at the door and
walked 20 steps; John Eloy, G L Belt,
Theodore Dearth and VIM Morris, Jr.,
were with me. The witness here exhib-
tied two rents in his vest made by the
knife of the prisoner, one cut on the left
lapel and one on the right breast. J.
Those cuts were made December "a
1873, by David Carpenter; saw his knife
blade plainly; pointed blade q inches
long; at second assault | knocked him
down; he struck at me three times lat the
same place he made the first assault
about 4 or s. steps to where saw the
knife; went 25 or 80 yards when he fol
lowed and assaulted me again; stood in
side the fence, he climbed the fence.
Cross ecamined During the fore
noon, December "a, was at home; at Ell
dy's school house in the afternoon; went
home and then to society got in compa
ny With Belt, Eddy, Dearth and Morris
went from the place of meeting them to
the school house had my coat off after
he assaulted me the third time; didn'l
strike at him the first assault; the moon
was shining said ! was little, but gritty
was time to take my coat off had ] rushed
the thing a little supposed he was going
to assault me again; he called for his re-
volver before the third assault; he got i,
because l heard it click couldn't tel
from what saw whether it was a stick
glove or revolver; threw the revolver and
hit me under the left eye; threw it about
8 feet; saw the blaie; was close to him
he struck downward Il had no knife ;com
menced these proceedings about a week
afterward
Rc-ezamined by State-Oae reason
for not commencing suit sooner was to
ascertain who knew anything about the
matter.
G L. BELr-Was at literary society
December "a, 1878 David Carpenter was
there saw him there in the evening about
half an hour after | arrived there; he re
manned there 80 minutes; saw him afte
society was out on way home, when h'
came up behind us and told Duvall he un
derstood he was going to whip him; saw
Carpenter run and strike at Duvall; they
fought some time, when Carpenter calec
for a light to see to get his revolver; Car
penter assaulted Duvall again; Duval
knocked him down, which ended tha
roand saw Carpenter assault him thu
third time; some one threw stone. the
sand few into my eyes told Mr.. f tdy W.
had better 60, as it was getting danger
ous; when we had gone short distanc'
heard Duvall cry ont, "he has got a knife
hold him )" heard Duvall jump the fence
after that and supposed the trouble wa:
over.
Cross eramiaed-Saw, in the first as
sault. DuvAll strike Carpenter twice; il
second fight saw both strike talk of re
volver was after the first fight; saw then
striking in the third 6ght,did not see any
thing in Carpenters hand; was standin!
or 10 feet from him didn't see anybod,
throw ;saw Duvall passing our house tha
evening
Re-enamined Saw Duvall the mex
evening after the fight, bis cheeks wer
swollen, his eyes were bun9ed up some
and he showed me the cuts in his vest
left Immediately after the third fight, Du
vail had his coat on then.
| JOHN EDDY s>evidence was, in sui
stance, the same as that given bv NJ!
BELT.
i J. P. DUvALL-Was at society on De
cember "a, 1878 didn't see Carpenter i
school house, remained in school hous
awhile, went out when fight was report
ed, heard David Carpenter say to job
Duvall that he had talked about all til
Carpenters and that he would shed hi
blood before he got home, heard Carper
| ter call for light, said he would not tig
Duvall without his revolver, saw Carper
ter have knife ip his hand and strike s
Duvall with it. after that they shoe
hands and made it up, Duvail starte
home, Carpenter following him, saw knil
in Carpenters hand, heard him say b
would cut his heart out, fry it in HI
blood, throw it in his face and smash hi
into the grouud, interfered, thea Duva
went to his uucle's and remained ovt
night, heard Carpenter talk about goin
back to hunt a revolver, think the kni
. blade was about inches long, the sam
knife he struck with,
/ Cross examined Was not present
the first fight, Carpenter had knife, tt