The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1881-06-23
Court of Common Pleas.

cutting James w. DoWler with mtent |
to kill, one with cutting with intent
to wound, one with stabbing with in
tent to kill, and one with stabbing
with intent to wound. Plea not
guilty. Jury trial. Powell, Atkin-
son and r. H. Jones for the State;
John L. Jones and Irvine DUNCAN for
defense.
The first witness was James w.
Dowler. Name James Wilson Dow
ler. Reside at Oak Hill. Was there
June 7th. There was show there.
Know the defendants. See them now
in Court. | am Marshal of the vii
lage of Oak Hill. l had arrested one
Charles Howard, when Wendell came
up and interfered. | struck him with
my cane. He then commenced cut
ting me, and cut me in the side. Wen
dell, Kelly, and others, were trying to
get Howard away from me. Wen
dell was trying to cut me, and Kelly
cried out, ''cut him, Cd D-n him..
(Witness here showed the cuts IN his
coat and vest.) Kelly told him to cut
me two or three times, once just be-
fore he cut me, and then just about
the time of the cutting. Saw the
knife-it was perhaps three or four
inches in length.
Cross examined. Did not see Wen
dell before / arrested Howard. He
said Howard should not be arrested
told Howard not be be arrested. He
took hold Of my cane. He struck me,
and I was blinded for a short time.
Got VIM. Evans to take charge of
Howard. Several parties interfered.
Wendell's mother was trying to quiet
him, and then | first saw the knife.
His mother was trying to get 1t away
from him. Kelly had clod in each
hand-was crowding up, and followed
to Wendell to cut me. 1t was about
two o'clock. | only drank two glasses
of beer that day-was not intoxicated
or excited at the time
w. W. Evans. | was deputy Mar
shall at the show. The row had COM
menced when 1 got there. | took
charge of Howard, and Wendell had a
knife, and told me to let Howard go,
or he would cut me wide open. Did
not see him cut Dowler Saw George
Kelly there. He was swearing around
there. He had something in his
hands. Cannot tell just what he said.
Cross examined. | was there be-
cause I had been sworn in as Deputy
Marshal. It was a black-handled
pocket knife that Wendell had in his
hand. I had hold of Howard at the
time. Others beside Kelly were
swearing around there, some half a
dozen, perhaps.
DIR. Kitchen. Saw Dowler at Oak
Hill on the 7th June. He had a cut
on the left side, over the lung, an
inch or so long, and into the rib. Did
not take stitch, but put plasters on
it.
DIR. Hughes. Cut about the sixth
rib. I am not sure-it might have
been the fourth rib. 1t was an excit.
ing time. It extended partly across
the rib. It had been made by SHARP
instrument. I put my finger into the
cut, and felt the rib.
Quin Cecil. Dowler was arresting
a man named Howard, when Wendell
ran up and interfered, and told How
ard not to be arrested-that he woulc
die right there before Howard shoule
be arrested. Dowler told him as otter
as three times, to stand back, that h'
was not interfering with him. Saw
Wendell strike Dowler with knife
Struck him under the arm. Dowle,
turned just as he struck him. wa
right by him. / helped Wendell
mother to take the knife from him.
r. w. Jones testified as to the cut
ting, substantially the same as th'
other witnesses. Kelly was very moi
sy, but witness could not tell any par
ticular thing he said.
Daniel Faulkner saw the strok
made with the knife, but did not se
whether the knife hit Dowler or not
Heard Kelly tell Wendell to cut Dow
ler, id him; do not let any Of US b
; taken. Saw Kelly have something il
, his hands, and saw Charles Howar
have knuckles.
Morgan Evans testified that he say
,, Wendell have knife, and his mothe
was trying to get it from him. Hear
r Wendell talking, but there was S
much noise that witness could not tel
y what he was saying.
i James Rule. Saw Wendell wit
e his knife out, trying to cut Dowlel
$ He had his knife in his hand, wa
striking at Dowler with the knife
e and Dowler was warding the blow
# off with his cane. Wendell finall
: struck Dowler with the knife. Kell
e was telling Wendell to cut Dowle1
d Cd d-n him. [ was right by tn
e side of Dowler. Wendell had hi
$ knife up at the time Kelly told him
: cut Dowler.
Thomas Davis. Did not see Wen
e dell cut Dowler. Wendell was foul
e L. Liza o,nd Koll.r ca;d Lsa.,