The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1880-01-22

The case of the People vs. Joshua Grit
fin, for assault with intent to murder,
which was commenced on Tuesday after
noon occupied the court all day yesterday
aud was given to the jury at o'clock in
the evening.
The testimony of McAffee was to the
effect that on Dec. l. he was on bis own
farm which adjourns that of Grifins, near
hedge which divides the property. Wit
ness saw Griffin on his-McAffee' s-side
of the hedge. with brown object' in his
hand, which he thought was stone.
Griffin threw the object .at him hitting
him on the left side of the head. Me-
Affee remembers no more till DIR. Cozad
was sewing up his lip at o'clock that
evening. For two days he was conscious
and unconscious by turns, and was still
suffering from the effects of the blow.
Cross examination elected that there was
bad feeling between the'men who are
both farmers, and there had been fear
on McAffee's part that Griffin would do
him some grievous harm.
DR.. Cozad testified that he attended
McAffee, and described the nature of the
wounds which he said extended from the
tleft temple and cheek to the mouth.
The wound on the temple was dangerous
one. The blows might have been given
with piece of rock or they might possibly
have been given by the fist, but 10 that
case the fist would most likely show marks
of injury.
John Mckinley. farmer and neighbor.
stated that he had examined the ground
where the assault had occurred, and
found track where McAffee had come
| from his house to the place where bis
body 10y in the mud, and were there were
two big spots of blood about eighteen
inches apart. The track went back to the
house. There was also a track coming
shrough the hedge from Grifins to within
six or eight feet of the place where the
print of . body was: 1t then turned
back through the hedge.
George Wakefield, also a farmer and
neighbor, gave evidence to the same effect
as MCKINLEY. and said it was the day after
the assault that they had examined tie
ground. There were DO other tracks at
the place, except those described. This
clos ed the evidence for the prosecution.
The defense put Joshua Griffin on the
stand. who said he and McAffee, met Cd
opposite sides of the fence in which Nc
Affee vas stopping holes, Witness spoke
about the fence till he came to an opeping
where he came through to look after his
hogs McAffee then made mark on the
ground and dared hin to fight, which he
| did and knocked him down with his fist
and struck him several times while down
He then went to look after his hogs and
on returning to the spot FIVE minutes later
found McAffee gone.
| Wm. Mosher, Grifln's brother in law,
stated, he vent with Griffin and examined
the place next day out of curiosity He
advised Grifu to say nothing about the
affair.
VIM. Netter6eld. Capt. VIM. Jones,
Frank Ruse and Mrs Thompson, were
called 10 rebuttal by the prosecution, and
testified that Griffin had told them differ
ent stories 10 the one he told on the stand,
which was in substance admitted by the
defence
10 arguing the case States Attorney
Parmenter opened for the people. He
was followed by Messrs. Kenworthy &
BeardsIey. Rho agreed that the case was
one of common assault in which both men
had been engaged, and which grew out of
bad feeling and trouble existing between
| the parties. Mr., jackson closed for the
people, and held firmly to the charge as
being not common assault, but one of
prem editation, with intent to murder,
which had simply failed by fortuitous cir
cumstances. The court then instructed
the jury who retired.
The jury returned verdict of assault
and battery, this forenoon, after being
locked up all night and until about eleven
O'Clock this morning. Sentence was de-
fired.
The court record is as follows:
IN CHANCERY.
2..-Wm McNutt w. W. Armstrong,
Rock Island National Bank Chas L.
Case es al, Hiram Darling jacob Fry
singer eft al. John Tindall Eliza j. Hav-
ford, ct al, VIM. Henderson c. E.
Saulpaugh ct al, Levi D. Groom Ed
Knell ct al. John 4. Corkerv Carl Zeue
ct al. Elizabeth Hull T. A Babcock
Of al-foreciosura (airbt sapovoto cr;@s \
Report of sale rule nisi, etc., in each.
Catharine Fisher. execution, Henry
A. Fisher, ct al.-petition, Rule nisi etc
The wittick Murder.
This morning the case of the People VS..
Patrick Ganey, Patrick Grogan and James