Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1875-09-03
M QUAD AS A WITNESS

other day just as Mr.. Kennedy
struck MIR. Thomas left handler on
the nose. saw the blow struck; l
saw MIR. Thomas fall; saw blood; 1
even halted and explained to Mr..
Kennerdy how a man could get
along in this world without either
fighting or running.
Is Mr.! Kennerdy was arrested. 1t
was right enough to arrest him. If
a man argues with another man,
knocks him down to enforce his par
ticular views, AM dosen't exhibit
meek and lowly spirit after his fit of
anger has passed away, it is but
right that he should be arrested.
His Honor the Judge made me
take a solemn oath to tell the truth.
He might have judged from my
looks that / wouldn't tell deliber-
ate lie about a one horse knock
down, or perhaps he hoped l would
perjure myself, and give him a
chance to send me to States prison
for five or ten years.
The counsel for the prosecution
then wanted to know what my name
was. Ihad lived next door to him
for eleven years, but he suddenly
suspected that l might be John
Smith or William Patterson. After
I lad satisfied him that my name
was my name, he wanted to know if
/ lived in Detroit. He could have
walked from the courthouse to my
house blind-folded, but he persisted
in his question. Then he wanted to
know if / lived in Detroit, County
of Wayne, State of Michigan He
seemed to suspect that the name of
the county had been changed, and
that / didn't know whether l lived
in Michigan or Ohio, but l satisfied
him.
llthis didn't use up but half
an hours time, and then he wanted
to know if l saw the difficulty be-
tween Kennedy and Thomas.
was quite certain I saw it; if there
was more than one blow; if there
were three blows; if there was any
kicking; and after another half
hour he seemed to believe that 1 had
seen some part of the difficulty if not
all of it.
The counsel for the defense had
been .impatiently waiting, and as
soon as l was turned over to him he
began:
Yes, sir.
I W ant the jury to remember that!
And you say you live in DetroitP
Yes, sir.
LetIthe jury remember that this
witness says he lives in Detroit? ex-
claimed the attorney as he gave me
a fierce look. He made a note of
the fact himself, and then contin-
ued
Now sir, do you own the house
you live in?
Yes sir.
You hear that, gentlemen! he
said turning to the jury. Now, sir,
is there a mortgage on that house?
IoBjcct said the counsel for the
prosecution, suddenly springing up.
Yop do, eh? ~
Yes l do. / can't see what bear
ing this question has on the case.
We'll your Honor, replied the 9TH
er lawyer, facing the desk, the
question is a vital one-Sa hinge
question. We expect that the an
swer will decide the innocence ofmy
client.
His Honor leaned back as if the
fate Of kingdoms depended on his
decision, and the lawyer read from
the Twelfth Michigan Report, the
Seventeenth Massachusetts, the
Ninth New York, the Eleventh Yer
mont, and two or three others, and
for an hour and half the case was
put aside. They finally got through
and the court decided that l need
not answer the question. 1t was
then noon, and the court adjourned
until two o'clock.
When the court opened in the af-
ternoon the lawyer resumed the cross
examination by asking:
How old are your
Thirty-two.
Thirty-two! Didn't you tell me
this morning that you were fifty
FIVE?
No, sir.
You didn't eh?
No, SIP,
Remember sir, you are on your
oath! Be careful, sir! Now, answer
me, aren't you forty years OldH
No sir.
He noted the answer down, and
then asked:
Haven't you been arrested for
man slaughter?
Never.
What? Remember, sir, you arc on
oath!
never was.
Were you ever engaged in riOtH
Yes sir.
All? YOU were, ehl Let the jury
| make note of that! This case is
becoming interesting, and before
we get through With It we'll make