Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1875-01-14

see him through, This was about one
hour and a half before the shooting
occurred in the house; thought the
prisoners character as q peaceablc
man in the neighborhood was gener-
generally good; that lie was not con-
sidered quarrelsome.
The next witness examined was
JAMES WEST,
who testified that lie was acquainted
with both the prisoner and deceased
with Lowe, all his lite: with Resncr
three years. Saw them at the dance |:
appeared to be friendly heard no OK.
preston of i'll will between them |:
went out of the house after tho acci-
dent; no one went with me. saw
Lowe in the house just before Rcsner
died. went back into The house, and
Lowe followed me. Emery made the
search; did not see Lowe put away
any pistol when we were out.
CROSS EXAaIINED.
am a cousin to the prisoner; saw
them together. had been on. twice
before the shooting occurred; when
went back, Lowe went with me:
told him we would be searched, and
told him to come on with ME. 1t was
near one-haif or three quarters Of an
hour after the shooting; was in the
south room when the shooting took
place went into the north room and
then went out doors. Did not SEQ Lu we
unit il he and | went out together.
Samuel Mick was at CARTS dance.
Saw Lowe before the dance. saw
him Sunday evening before. Passed
him on the road and told him there
would be a dance at Curtis Monday
night. Twas at the dance. Knew
Resner saw Resner and Lowe togeth-
er, talking friendly. Saw them out
doors talking friendly. Resner was
mostly with Tnrpin and Lowe that
night and was friendly. Saw the Cur
It's and Resner difficulty. Lowe took
Resners side Of the affair.
INSTRUMENTATION. y
amounted to nothing different from
the direct.
DR.. Scarf. was then called and by con-
sent, testified as to the extent md char
acter of the wound so far as his exam-
ination extended, and gave a medical
opinion as to how death might occur
from such a wound, but would not say
that the wound was sufficient to cause
death from the examination he made.
The doctor said that if he should find
a person wounded as Resner was, who
had been previously in good health,
FREQ from all organic diseases of what
ever nature, he should be forced to
conclude that the wound produced
death, but his examination OF this case
was not sufficient to give professional
opinion.
VIM. Evans, N. d. Earl, VIM. Dorr,
Samuel Dorr, Sanford Kirkpatrick
and others testified to the prisoners
general character as peaceable man,
and also to the fact that the deceased
and prisoner were considered person
al friends.
George Lowe, brother to the pris-
oner, testified to conversation be-
tween himself and young Mick in
which the latter said he saw flash
between the boys but did not see Budd
have pistol. He also testified 10 the
prisoners character the same as the
others.
AlCAI NACASikOs tuC IusI WtHcsS luz
the defense, was at the dance. Pris-
oner was there, heard the shooting
outside the house. Was in the north
room when the deceased was shot,
saw Winner and Resncr have pistols.
Winner had pistol early in the even.
ing, saw the defendant, Resner, and
Winner together about minute be-
fore Resner was shot. Reaners' back
was towards the east, defendant was
at his side, and Winner was between
them. l saw Resner working with q
pistol. Defendants hands were down,
l walked to the inside door aud heard
q shot and heard Resner say that he
was shot, he started towards me and
then fell. They seemed to be friendly.
The case has been prosecuted by
Hon II. B. Henlershott and w. w.
Cory, and VIM. McNett has managed
the defense. The argument on the
part of the prosecution was commenced
by Mr.. Hendershott, and it is not like
" . decision will DO reached before
tomorrow.