The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1876-10-19

10.
In order that tile testi nony may be
understood, it is necessary to state that
on the 18th inst, about 2 O'Clock in the
afternoon, G.. z. Sutton, one Of the
Trustees of the NJ. E. Church, with an
attorney, Daniel Rohrer, entered the
Colony Office. in Methodist Block, tl,e,,
in possession of w. II. Humiston,
(Prof. Humiston being absent at st.
Paul., took possession of the Office and
removed Professor Humiston's furni.
ture into the street. An alteration
el'sued. in which blows were struck
and violence in other ways was used.
VIM. H. Humiston, in consequence,
brought in action against &. z. Sutton
for assault and battery. The defend.
ant claimed that Justice Bennett, be-
fore whom the action was brought, was
an important witness in the case, and
the trial was therefore held before JUS
tice n. V. Mcdowell, of Bigelow, to
whom we are indebted for the notes
from which the following abstract of
the testimony is taken:
wM. II. HUAIsToN's TESTIMONY.
W. H: Humiston, principal witness, sworn-
saw defendant about . O'Clock at tile Colony
Qm ms WI aw ~ IN possession of office: Went to
minutes. Was In charge Of Colony ONCE. MIR.
Ogle was In the building Mr.. Cole was in the
S en- putting lock on the Colony office door.
Humiston's furniture out of the office. He as.
sisted In moving the furniture. An alteration,
sfd had aatshet In %y hand Mr. SIT
III we are not right in this, you can take ega
course" had the Ratchet In both hands Be.
is1 3% ut cS%g g the natchet with one hand and
me back from the door. struck him with INV
FIST; We then c!inched caught his beard with
RIGHT hand, still holding Ratchet with left III
sc1t1ied, he biting and striking. / kept pulling
ut bis beard. lie cried for assistance. C. Brown
and F: A. Safer came to his assistance. Caught
ont struck 1T me two or three times. struck
at him and hit him. They forced inc out of tllc
room into the hall; l was put out by Sutton,
Qucstlon-W ere the defendants blows given
with spirit?
Answer with frothing ut the mouth.
Cross examined X. +. Humiston was moi
CUES ;ton-what did you pick the Ratchet W
Answer-To close the catch to the door. Dill
hatchet With Intention 70 use on Sutton. Did
make the remark II Sutton went into the roon
he ;n must go over s my body: ;,.o,,.
did you 20 to get q box to put papersin7
right put II you are bound to throw these pa
so that they viii nt,f be- scattere.i T., 1he fo,'
winds" lid not ask Rohrcr to AXE charge o ~
MS is not rec0iiect IF nnfntin% ost ot,,er Hro =.
ertv as belonsine to othsr na Ties ' Y'ie, p,vI
INV own nrivate nroncrtv Vent ont ~ ,s'n =.
Of the A .v wse two ie
when came back Some things Va ieft w',a,, as
saMlt co'mmcmce.l Cnnnot tei, %to T HmHat u.s.
the stove over Sutton did not strike 1 me: vie
ns. q ha,chet IN Snttnn or oMu ""o Ia sts1 te
Sutton three blows. HE lin, o.; the cve s,rnnt
him with INV fist. Did lot Strike him y iii The
after they rot 1t. / was In possession Of office
cause am employed by Il. r. RSmiston and
, not to Give ' ne Iev to ,%x t1
"rab,ei me Safore I strEct b;" ny o'o' o"''o'
OuestionNDid YOU have to MSa Ratchet tn ,oc,
DOR =" thav cnuIa MT raj ~ v'0 "''ee' W locF
Hnswc eey c oct .,ot scS Ill! n o,,. mot ,o
door.
ups oa1r.s rrar,xoxx
.'' oAH 41o'
inst rs s. III: =; Ogie them the on the 11tl
Hamiston. WAS net In the office at the time
saw them: Plaintiff was absent from the room,
NJ NJ SUTTON came IN anu requested me to vacat,
Dy collar ny window. Eohrer was guarding
me door. fiaintin had h.tchet Sutton WA
enueavOfng 10 Iake h;ltchet from MIN. ltatche
wa: WAS upraisett. some one had hold OF Plaintif
with sutton. Closed tile door OH me SO cOult
out kohrer and CLAYTON Hum:ston were fight
CL a!'if puSnc9 OUT ny f?nrer. Diu not SCI
p; t,,;l post'fu out. tO plaint!H saw theii
KY Gsn III" Sus; 1ut On mat0rS rcnectoA THINK
Rom without consulting his attorney, Sutton
0emanaea possession VI tle room Couldn't 81!
Pan a vas vas T. ~ NE e. r2@ s when went In ID.
TIM, v door: Noticed different lock on than hat
been used. MY. first impression when Sutton
0e'nam'e4 possession was mat y: r. H9inist0'
w nH tne ,, room vacated n9nt rec'ect
any F!p On lie door Wnell sutton ana ltOhre
came can, IN the room Defendant and kohrer said
W. coIilllIilG you 10 le;lvc me room on Dehai
OF tue Cnnf i. KonreT commanded me to icay'
aoo!a 4noer II; r. humisIon: IlaiMtIii threat
eneG 10 KNOCK out defendants brains Will
'"'e"e'' n, .x,o,, x,,,,,s,o,.
sworn-saw2 men have plaintiff and deien,lan
approaching plaintiff with Ratchet raised. Rob
rer was at the door. Told me to stay out Say
force pushed nlaintiff ont. DcfcndSnt Mnshe;
him c,ear ont H"hrer shmt flo d,Ssr t"tamT
ant was in the Office Heard loud talking: Hear,
"ce sftnm RroWn AID " sater S put n "%t
things ont Nothin" Int What was nnt ont aft.
Elark and Sorie and went a. tsioMv nflca Alta,
VIRUS '%'''' ''"'>' "n>' "'A' ~ o''oS ''e ''''ei