The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-02-17

three inches long, saw no fighting. The
cross examination developed nothing
new in the case.
PETER ARNoLD-This witness was at.
the school house. saw Carpenter go for
his revolver, saw Duvall pull of his coat.
said he might as well die there as any
place else, didn't see any fighting.
The cross-examination was about the
same as that of former witnesses.
WILLIAM NORRIS, JR-The testimony
of this witness was about the same as
that of Mr. Belt.
The State rested.
THE DEFENSE.
The first witness called for the defense
was
DAVID CARPENTER, the defendant-My-
self, brother, Mr.: Winland and Mr.. South
went to :he society, went down on the
play ground, heard that Duvall said hein,
tended to whip me, said that he did or
didn't, stepped back when Duvall struck
me twice, was not in fighting condition
and proposed to make it up, we shook
hands, asked for my cap, when Duvall
struck me again knocking me down, we
scu filed around awhile and finally quit,
had an old revolver that ! had traded for
with Theo Williams, in the fight it fell
out Of my pocket, called for light to find
it, did not use knife in the fight, had no
knifein my hand; (the knife was here ex-
hibited with the blade broken about the
middle, and FIVE barrcled Aliens revol-
ver.)
Cfos: errmined Said he did or didn't
intend to whip me, don't know which he
said, got my coat half of when he struck
me, about two steps from him when he
came to me and struck me twice, 1tried
to fight then and defend myself,didn't get
down, proposed to make it up, he swore
he was little and didn't care for man or
beast, said l thought he proposed to make
it up when he struck me between the eyes
and knocked me down and kicked me in
The ribs, told Mr.. Winland to get light
and hunt my revolver, that it had dropped
out of my pocket, the third affray my
brother aud Duvall were quarreling,
took my brother away, didn't hang my
coat on the fence at the first fight, Belt
and Eddy were with Duvall when 1 asked
him about whipping me, can't tell how
long after Iasked him about the whip.
ping until he struck me.
SQUIRE CARPENTER-Stated that he
was present when the difficulty took
place. David Carpenter asked John Du
vail if he said he intendel to whip him,
whkn he commenced to take his coat off
Duvall struck him twice, they fought
awhile when they quit, did not see either
a revolver or knife, was close to them
all the time, was not present when they
qnarreled later in the euening.
Cross-e10miaed-Am brother Of the
prisoner, fifty yards from the school
house, was behind Dnval when Carpen-
ter asked il he said he could whip him,
David Carpenter commenced to take off
his coat when Duvall struck him twice.
said supposed he struck at his face,
didn't say before the Justice that John
Duvsll had knife, said before the Justice
that could not see whether David Car
penter had a knife or not, heard David
tell Mr. Winland to hunt his revolver
that he had lost it, heard John Duvall say
that David struck him with steel knuck-
les, David had his coat off, took it off iu
the first fight, David was taking his coat
off when Duvall struck him, didn't knock
him down, struck at him twice, saw that
much, couldn't say that he hit him, but
there were marks on David face to show
that be had been struck, both eyes were
black and had scratch On his face, saw
the marks ON his face when we got to
Jesse Carpenters, didn't hear any quar-.
reling after the two fights, they made i,
up then, thought that ended the matter
David and l left there and went to Jesse
Carpenters; didn't GO back to the schoo
house that night, didn't see any stones
thrown.
ISAAC WINLAED, JR David said, Johr
you talked about me without occasion
Duvan said it was lie and hit Carpenter
twice, didn't see any arms, could have
laid my hand on either of them, found
Carpenters revolver between two rails in
the fence after he had left, heard nothing
said about the revolver.
Cross examined Thirty yards from
school house where the difficulty tool
place, Carpenter was s steps behind Da
vail, Duvall hit Carpenter twice-oncei il
each eye, saw the fist lick in the eye
don't know which eye, saw the other licl
and supposed it was in his eye, never talk
ed with Carpenter on the subject, hav
been with him number of times einot
the difficulty, first noticed that his eye
were black when we arrived at Jesse Car
penter's, remained there but a few mo
, ments, Carpenter had no knife in his hand
was right by him all the time, was vii
ness before Justice Griffith, did not stat
there that it was so dark that | could nc
: have seen knife had there been one i
: his hand, didn't hear David say anyth:p
about his revolver until the fight wa
over when he asked me to hunt it, Eddy
Dearth and Belt were with Dlvall, Dr
f Duvall was there,am well acquainted wit
him, have known him for several year:
David and took Squire Carpenter ava
' from jain Duvall, they were quarrelins
we went home from there by Mr.. briggs
BENJAMIN BRooKs--Saw the latter pal
i. of the difficulty, didn't see Carpenter us
+ any weapons, didn't see any fightin
Y done, didn't strike while was there.
The defense rested
t The State called L. j. GRIFFITH, Est