The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-11

revolver; did not see any Tevolvers used,
but knew that one had been fred. Of
this | am sure for heard the report and saw
Vests face bleeding. got out of the
room after that; this is all know about it.
Cross examination do not know who
the other person was on the table with
Morton and West; never saw any of the
parties before the night of the shooting; |
did not see Morton shoot; saw no revolv-
ers used. The remainder of the cross
examination did not change the testimony
of this witness.
Mrs. Jacob Weaver at the dance;
did not see the shooting; [ was in the
kitchen when Morton and West were talk
ing: heard West say.he.would kill Morton;
was so frightened when the fight COM
menced that got out as quick as could;
an not much acquainted with Morton knew
West only casually; paid no attention to
them until the fight commenced Morton
did not saw aDythingto West, that | heard;
saw no one shoot; did not stay after West
struck Morton
The cross examination elected nothing
new.
Mrs. Newcomb was the next witness,
but her testimony was unimportant.-Did
not see the shooting; noticed that West
was drunk; was IN the kitchen on Sunday
morning but not at the time of the shoot
ing.
During the cross examination of this
witness a lively tilt occurred between
opposing counsel. 1t was short, sharp,
and spicy, and proved that Attorney At
wood was closely watching the case Mag
istrate Swander interviewed and straight
ened matters and the examination contin-
ued,
J. Evans testified to being at the dance;
he did not see the shooting; knew nothing
only from heresay. No cross examination
I. +. Cramers testimony was unimpor-
tant. Saw West knock down Eastman
and Evans; but did not see the shooting
No cross examination.
VIM. Mccartney testified to having seen
West just before the dance He had
lstopped there on his way and told witness
that he was going to have a muss; advised
him not to go as it would only end in a
row. West was pretty full
This witness was at times humorous and
his original description of events caused
considerable merriment
Josiah Gamble, better known as Bar
ney," was the next witness, and his testi-
mouy was Of very important nature. BE
testified as foilows:-l have known West
and Morton for number of years; kneW
West personally; he was not ugly except
when he was in liquor. [ was at the dance
at Weavers on Saturday night before
Christmas; Morton aud West were there
During the evening " est, Morton and my
self went outside and West said to Morton
"Nill you go back on me t0-night?' Nor
IA, j n .9---
IF you 60 back on me tonight | will cui
ton said, u guess you won't d.
, that, will you. Free. Yves
then said, Yes, will, and it you sa!
much more | will do it now" We thcI
, went into the house That /, all I kaoy
of the affair; did not see the shooting.
+ Gross s-examination--The conversation
, was outside of the house; did not see th
shooting; was not in the kitchen at th,
time of the fuss; Morton was good humor
5 ed; West was pretty full | have know
2 West number OF years; he was all righ
| when sober.
At the conclusion of Candles testimo
5 ny Joe. Smith was examined as t. III
q remarks Of West after the occurrence
g lie had heard West say that Morton Wa
[ not to blame; that he (Westl was til
= cause of it, aud that if he got we'll b
I would not prosecute him.
h Objection was raised by counsel iC
: prosecution but was not sustained.
g One or two other witnesses were exam
s ined, after which, W. Fl. Atwood, ESQ
e for the people, informed the court that i
was willing to submit the case; that I'll
n evidence was all about the same, and tn;
n he was satisfied t. rest the case as il stoo,
e Attorney Jackson, for defense, ohiectc
IS 70 closing the case at this iuncture. as
e desired to examine two more witness,
5 whose testimony would throw light on II
], affair, and he desired to have all the ev
?. dence brought out; there were soue Pc
e soma! motives in connection with the pri
d oner s case which this testimony would G
Ic PLAN, and, besides. he would, with permi
o sion of the court, examine the prisoner.
: The court decided to receive the ads
l. tional evidence and accordingly Jol
, Weaver, and his brother, Jake Weave
u were examined and testified to The affa
ID as it occurred. The testimony Of the
'e was the fullest and most complete give
9, and explained a good many points Il
le touched by the others
,! Henry Morton was examined and test
90 fed that he had no certain recollection
u the shooting; that he was so stunned
G the blows from West that the affa
e seemed like dream to him until after t
n shooting was over. His coat was show
y 1t was burnt out in the back. He al
al stated that the back OF his head was bad
~ burned when West threw him across t
Dg stove. He had no quarrel with West
the night Of the affair nor previous to TIL
IT, as he was on good terms with him
e also testified that until West struck b
@h he did not know what his intentions we
49, The reason he did bot return the blow "
er because be was afraid of West: did /
'el know he was dead until his father wrt
e him. Gave himself up voluntarily; h
lie no desire to avoid arrest but was afraid
" come home for fear West, if he VIC
ot alive, would kill him.
at the conclusion of Morton's testimo
,id the case was closed and by mutual const
de submitted without argument.
10 Magistrate Swander, after a brief
;ai view of the testimony, ordered the q
ne charge Of the prisoner, there being
:ie grounds, he said, to Justify his being he
rs The case was clearly one Of self,defen
* and from the evidence addGced he CO,
10 not do otherwise than discharge the p1
'ds Oner
ug The trial was watched with keen inter
ne by all who were present, and at its cl
* Morton, who bad sat through the CT
without moving his eyes from the with
7A ses, SO to speak, was heartily cOngratua
at by his mining friends and others I
sht result was not una1ticipated, and gi
OF general satisfaction,