The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-06-26
OHIO AGAINST JESSE ROE.
ACCOMPLISHMENTS
Plea-Fl lial-Charge and
Verdict.

SPRIGGs & briggs, and j. ) FOREMAN, OF
Noble County.
For the Defense-HuNTER & MALLo-
RY, Judge D. D. T. CowEN and Hon. L
DANFoRD, of Belmont County.
THE JURY
The following Jury was obtained after
the usual challenges had been exhausted !:
JOHN F. HOBBS O. F FLINT
j. W. STRIcKLINa. CHRISTIAN FREY.
Fl. ROBINSON. JOHN BELL
WILLIAM RUTTER. JACOB DRUM
P L. NULL. WESLEY BISHOP.
H. r MASON. j X. BUCHANAN.
misunderstanding with intent to
kill.
Plea-Not guilty. IL. j. tgssf
REPORT OF THE .TEsTIMeNY.uoase
VIM. Gregg sworn. zss-sl
Question by Prosecuting Attorney
Pearson-Are you the prosecuting wit.
nessp s.,--z X : +s.ssl: az
Answer-Yes, sir; am. gsR,ss
Q-State to the Court aud jury all that
occurred between you and Mr.. Roe,
where, when, and all the circumstances ?
A.-On the 22d day of November,
1876, in Monroe County, Ohio, close to
Calais, about 2 o'clock In the day, ,as was
passing out of Calais-coming from to-
ward Calais, we met and passed each 9th
er a short distance; I said to him that be
did not look as mad as he did the other
day about his dogs he turned his horse
around and said, What is that you say 2
/ repeated it again, when be both turned
our horses around and rode up together, "a
little distance apart; / told him he had
not used me right at certain times, and he
said that this was the third time OF the
disturbance, and he wanted me to let him
alone Il told him he bad ordered me away
from the place and threatened to fight,
and / said to him, "You deserve good
Sesting for the way you have treated me. "
He was off good distance and talking,
and we both moved up together; his
horse seemed to move up pretty fast, and
came up even like to the necks |. his horse
threw up bis mouth on my horses neck,
and put it off; and he then put his hand
slowly In his pocket and took ouL his re.
volver and shot. / saw when he shot
that his horse jumped little; my horse
stood still; he held his revolver on bis
hip after he shot, this way. illustrating.
Q-What was the position of the re-
volver at the time the shot was ired2
Alt was this way (holding out bis
arm as though to shoot); he took it up
again as though he would shoot the pis.
tol shined very brightly and was rather 9
small one.
Q-You can state what conversation
| if any, occurred between you after the
shot was fired?
Al do not know that anything was
said until we turned to go to town; was
going down, and he was going up to
town I started off and he followed me
sometimes nearly beside of me.
Q-How far did you ride side by side
Al cannot say he was part Of the
time behind and part Of the time beside
of me; we went up into town to the irs'
store, about q hundred yards from the
place where the shooting occurred; the
first man saw was Henry Railing; be-
fore we come to him, Roe said to me, "I
you push me I'll push you" and / SAID
shumph !" said to Railing that Jess Roe
had shot me, and be said 81 didn't some
little time afterward he said it was an sac
cident."
Q.-What was the effect of the shot?
Alt struck me right in the forehead
(showing scar
/ Odd you wear hat at the timer
Ayes, sir; this is the hat, (produces
the hat with bullet hole through the edge
of the rim and one through the band ant
body of the hat) and here is the bulle
| (produces bullet); Mr.. Hannahs got i
out of my hat it was taken outafter go
to town; it was not very long after th,
shoeting-not over ten minutes the con
dition OF the bullet is the same as when
received it. (The bullet was very muci
fattened on one si,le.
Q-When did you first see Mr.. Ro,
that day-what was he doing and how fa
were you away from him
Ale was some distance away-no
very far; I was travelling from town ant
he to town; he was seemingly fixing hi
coat, or something about his pocket whel
1 l first saw him i expect he was hundred
yards away when I first saw him; Ro,
was going toward Calais and l was going
from Calais to my fathers. 20
| Q-Was there any house near the plac,
where this shooting occurred
A-There was house short distanc
j of, on the upper side of the road-on th
left hand side going to Calais.
/ Q-About how long. did you and MI
Roe converse before the shooting afte
you metz ..i7' ataI
A-Not so very long-do not kno,
how long. .,, q, - ~
| Q-Just prior to the shooting. Rha
was being done by either of your
| Awe went up together; bis hors
seemed to 60 pretty quick, and threw hi
head up clear across mines neck I tool
my hand and turned his head off.
Q-How far was the pistol from you
head at the time it was discharged2
| A-Icouldn'ttell; the horses head
were about half lapped-not over si'
feet.
/ Q-Whal was the effect produced b,
| the shot? -...
| (Objected to by defendant's counsel
objection overruled
i Alt weakened me, and caused me Il
be dizzy in the head; 1 could not labo
very hard and had to keep out of the sun
The witness in answer to question
identified the prisoner, Roe, as the ma
who shot him, and his examination il
chief was closed.
! The cross-examination by Judg
Cowen, elected further facts, as follows
Witness and hired hand had been il
Calais on the day of the shooting witt
load of coal had been there about al
hour, and was going out of town OF
the way to his fathers when he me
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