The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1876-06-01

but the end struck me on the knee. He
then picked up club and struck me,
swearing he would kill me- | threw up
my right arm, and the blow fell upon
my arm. The skin was broken in one
place and my arm was bruised black and .
blue. 1t was disabled for several days. /
THE club was in court, and is as thick /
as a mans arm, about three feet long, |
and is round oak, with several nails in
it, as if it had been used as a post
Cross examined Wells was about re-
moving a shop from lot owned by my
father. told him not to remove it. He
had a scantling and was trying to pry up
the building. He told me to 60 away.
He left the scantling and went around
the building / then took the scantling
with which he had been prying, and
threw it down. Then it was that he
came at me with a piece OF scantling.
l went up to the building to protect the
property. 1 did not go there to drive
him off | went there to notify him that
he could not take the building with my
consent.
Re-examined. The house was on my
fathers lot Wells had sold the lot to
my father, and as an inducement, told
him that there was a bull ding on it, and
that rents were very high, and would
soon produce enough to pay for the prop
erty.
John S. Jones. Saw part of the diff
Guilty. Was twenty-five to thirty yards
off Saw Wells punching at Masters
with piece of scantling. 1t was some
ten or twelve feet long Masters was do
ing nothing at the time but standing
there. Wells told him to go away, or he
would mash his brains out. Wells drop
ped the scantling and went to work
about the building. Masters appeared
to keep after Wells Wells then got a
club, and swore he would knock his
brains out if he did not leave. Wells
was angry. Could not hear what Mas
tiers said Wells had a chunk to use
with pry, and when he went to get a
piece of scantling to use as a pFy, Mas
ters threw the chunk away Wells
struck Masters with a club, and told him
to 90 away, or he would bust his brains
Output the club against Masters two or
three times and showed him back, and
told him to 60 away, or he would knock
his brains out.
Cross examined. / was l25 or l30
yards distant. Went nearer Could see
from where l was. First thing l saw
Masters do was to take the pry from the
building and throw it one side Seemed
as if Wells was only trying to push him
away with the scantling. Masters con
tinued to follow Wells around, and pre-
vent him from removing the building.
Wells did not strike Masters.
Re-examined l went up to the build.
ing. Wells asked me to help tear the
building down. Told me to stay on one
side OF it, as it was partly on his lot, and
partly on Masters lot Told me to stay
on his lot.
Jesse Collins. Saw part of the diff
Guilty. Saw Wells strike Masters on the
arm, or shoulder. with a club. Masters
was staggered by the blow. Saw Wells
throw a rock, or brickbat or something.
at Masters.
On cross examination witness said that
Wells told Masters that he would give
him three minutes to get away, or he
would kill him.
James Palmer. Heard the first part
of the quarrel, then went into the house,
and did not see the fight, or striking.
Dennis Swanson and w. w. Girton
were examined, hut they did not know
much about the trouble.
John Brooks Saw Wells have a scan
Ting. | was some distance off Could
not tell what was going on.
f. f. Swanson. Aided in the att mpt
to remove the house. Did not see the
striking.
G.. A. Brookins. Saw Wells with a
.joist in his hands, and Masters with a
club. They then went around th , house
Afterwards / saw Wells strike Masters
with club.
E. A. Aleshire. Was some distance
off. Saw Wells prodding at Masters with
the scantling. Saw him strike Masters
with a club.
The-principal testimony for the de-
fense was Wells, the defendant His tes-
timony was substantially the same as the
other witnesses. The trouble all grew
out of claims of the parties to the owner
ship of the house.
The jury remained out all night, but
could not agree, and on Tuesday morn
ing were discharged.