The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1879-01-30
Court of Common Pleas.

II " ROUrke, wife OF William " RourKe
- Witness testified that she resides il
= Wellston. On the night of Nov. q
Q 1878, between two apd three o'clock,
: awoke, and noticed that the door be
; tween the middle room and the kitchel
was slightly opened Got up and thel
4 saw the defendant in the middle room
+ Called my husband, and the man ran t.
e the window and got out, The sash wa
raised, and held up by knife stuck
under it. Found Strange hat in the
e ORourke discovered that his hat wa;
: missing The window sash was down
: when we went to bed, about nine o'clock
+, that night
4 William ORourke My wife got up
, between two and three o'clock to put
} some coal upon the fire, and called me,
: and said there was man in the house.
She told me q second time, when | got
| up. but the man had escaped. I got a
} neighbor to stay with my wife and chill
dren and / went over to Wellston Fur
mace, some $50 to 200 yards distant, and
inquired if any tramps had been there.
The men said darkey was there, and l
found him lying between the hot blasts.
asked him where his hat was, and he
said the boys had stolen it. His boots
were under his head, as pillow, and
when he raised up saw my hat under
him. took my hat, and caught him by
the shoulder, and told him wanted him.
He stuck revolver in my face, and swore
he would kill me. let him go, and he
ran. Next morning we saw him run
through field, and 1 and several others
pursued him, shot at him Several times,
made him throw down the revolver, and
then we arrested him.
Thomas Doughty. Saw the defendant
at Wellston Furnace that night. Testi-
mony same as thatsof Mr.. O'Rourke.
John Cunningham Was at Wellston
Furnace, and evidence the same as that
of O'Rourke
Joseph McManaway. Saw defendant
| the evening before the burglary. He
He came to Wellston Furnace, and in
quired if there was any place there where
he could stay over night. I told him
there was a place where travellers could
stay, between the hot blasts. He went
there, and saw him there when I went
on turn, at II O'clock, and I saw him
there about o'clock.
Albert Brooks Saw defendant about
9 o'clock next morning. I am Marshal
of WelIston. Made the arrest and took
him before the Mayor.
Ezekiel T. Jones. I am Sheriff of
Jackson county. Defendant broke jail,
and was afterwards captured and brought
back by the Marshal of Wellston.
The State here rested, and the defense
offered no testimony. The case was
briefly argued by Powell and Atkinson
for the State, and Laird and J. NJ. Trip |
for defense.
The jury was only out few minutes,
and returned verdict of guilty.
State of Ohio vs. David Edgar. Indict
ment for biting off the ear of Joseph Lin |
mott, at Wellston, on the 29th of August, |
1878. The evidence showed that Edgar |
was at that time Marshal of the Village |
of W Wellston. He went to the whisky |
shop of Dominick Boyle, to see about the
removal Of dead dog which lay in front
of the place. While there, Edgar en-
gagged in playing cards. He then left,
and in about an hour learned that there
was fuss at Boyle's, and he went there
and heard loud talk in the house, and
the door was shut. Edgar went in, and
Linnott was swearing, and Edgar told
him if he did not.stop swearing he would
arrest him. Linnett swore again, when
Edgar attempted to make the arrest, and
Linnott resisted. and he and Boyle got
Edgar in a corner of the room, and were
pressing him over the counter, and Boyle
had weight in his hand. At that time
Edgar bit off about an inch of Linnott's
right ear.
The case was ably argued by Atkinson
and J. L. Jones for the State, and Judge
Tripp and Hon. W. Reed Golden for de-
fense. The Court charged that if the
defendant was honestly in the discharge
of his official duty, and attempting to
make an arrest, and was resisted, he had
a right to oppose force to force, sufficient
to overcome the resistance, even if that
extended to tho taking of life; but he
had no right to use more force than was
necessary to overcome the resistance.
If the defendant went there under color
Of office, with intentEto get up a fight, he
was not justified in what he did. If he
was acting in good faith as an officer, and
bit off the ear, but not for the purpose of
disfguring Linnott, but in self defense,
then he was not guilty. If he did not
bite the ear off in self defense, and did
not do it with intent to disGgure, he
would still be. guilty of assault and bat
terry.
The jury were out about "a hours, and
brought in a verdict of assault and bat
terry Defendant was fined $25, and sent
to jail for 80 days. Also ordered to give
bond and security in the sum of $500 for
his good behavior for two years, and to
stand committed to Jail until fine and
costs be paid.
State of Ohio VS.. James Henry Bur-
glary and larceny.
The first witness called was Mrs. Roy.
Reside about six miles from Jackson. |,
When we came to this county we went
into an old house, and afterwards built
new house, about as far from the old
house as the j all is from the Court House.
Part of our goods were in the new house,
and part in the old We were living in |
the nnru hnnan ON the 2Qth Of Nov last |