The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1876-03-23


The cross examination did not change
the foregoing statement
J. W. johnson. Gave substantially
the same testimony as Aleshire. as to
Stephensons condition after tho fight.
Withess thought he was not able TO
stand.
J. w. Laird Am Mayor OF Jackson.
Callaghan was brought before me, and
plead guilty to the charge Of assault and
battery. lie appeared to think it was
the easiest way to get out Of il.
William DuHadway was called TO
prove that CAllaghan escaped up the
alley. Mr.. Trip objected, on the ground
that in a civil suit, an admission by acts.
cannot be offered in evidence Obiec-
tion overruled. Witness said John
Blaekhart was a special policeman that
day, and he and ] pursued Csllaghan
down towards Tropic Furnace, when Cal
laghan picked up some rocks. and Black.
hart put his hand on his sh1u'l.r and
told him he was under arrest g. iaghan
commenced TO fight when Blackhart
drew his mace and struck him on the
nose. lie continued to fight. and Black.
hart told me to bit him. and picked up
a rock to throw at him, aud he then said
he would surrender
There were several other witnesses.
but their testimony was not important.
The plaintiff here closed his case.
The first witness called was Robert
Richardson jr lie was a boy. some thir.
teen years Of age Saw the difficulty
They were talking about threshing Cal.
laghan said he did not care about steal.
ing little, but when il becamea regular
thing he did not like H. Stephenson
said by Cd don't say that again" and
he had his ist shut
Cross examined. When Stephenson
said that, Callaghan said il again. and
Immediately Callaghan struck him.
Defendant sworn. commenced talk.
ing to Stephenson about the threshing.
and ! told him ! thought that the straw
was enough. for threshing the ten bush.
els OF wheat. and unless he paid me for
the straw. ! would not pay him the sew
enty-fve cents told him 1t looked
like stealing from me. lie closed hi.
| fist and said, "d-n you, don't say that
again. when I struck him, and followed
up the blows. Some time before that We
had difficulty, and he wanted to fight
me at my own house but on account OF
my wife. ] refused TO fight him. After.
wards he wanted tc fight me. but ! told
him ] was too young man for him. lie
said he did not know about that; that
was untried. We got our old business
matters settled, and told him l wa,
glad we had got il settled without fight
We left our differences TO Lev. Callaghan
and Abe Nunnally. and when they had
decided it, Stephenson and ! shook
hands, and agreed to be friends, but wC
did not visit, or neighbor with each 9th
er after that. took my wheat there
after that, to have il threshed. He
Richardson and l. worked together al
the threshing. l think ! struck him
five or six times. was too close to him
to knock him down. ] threw him
When the fight was over, knew the off
GERS would soon be after me, and I at
tempted to slip down to the mill and
get my team and go home. ! did not
know that Blackhart was an officer, when
he attempted to arrest me- have paid
the seventy-fve cents to the threshcrs
They took it. have not'shuffied my
property. have conveyed my land Ia
my wife.
An objection had been made to the
question about defendant putting his
property out Of his hands, and at this
point the Court decided the matter. hold
ing that the question was proper, and
the witness was examined as to this mat
/ ter, and said that when his house was
/ burnt, his deed was burnt, and IL had
not been transferred. The land had
been decided to me by Ripley johnson.
My wife owned one-half interest in the
/ land, and her folks were complaining
about it. johnson and thought that
as he had made me one deed, he could
not make me another. but he could deed
it to her, and she could deed half Of il TO
trustee, and the trustee could deed il
TO me.
Sarah Richardson called Was at Cal.
laghan's house when he and Stephenson
/ quarreled. Callaghans wife asked him
| if he knew what he was about Gala.
CHAN then said he did not want any
more fuss. Stephenson asked him TO
come out to the road, and he could whip
him on less ground than he could stand
on.
Defense here rested, and Abram Nun
nally was called by plaintiff Witness
said that the parties agreed to be friend.
at the former settlement Callaghan
said he was glad that il was settled. We
decided that Callaghan was correct in
what he had been claiming, and that fifty
cents was all that was between the par.
/ ties.
Plaintiff recalled We settled our old
| difficulties in town, and Callaghan asked
me to 20 into Wards and be treated. !
first refused, but / did 90 in and drink.
Jury brought in a verdict in favor OF
plaintiff for S3S.
Motion for n new trial.
Stephen y. and Thomas II. Vaughn.
ex Of Thomas Vaughn. W. Solo non and
James Isaminger. Judgment revived
for S2.I2l l3.
Hurley A Co. vs.. Malinda Scott. Judg.
ment on warrant Of attorney for $500 s..
Garretson, Blackmore a Co. vs. Malin-
da Scott Judgment on warrant OF at
torney for $i42 20