The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1882-11-30

cut in the side. 1t the property OF Bundy Iron
and Coal Co. This is an incorporated company, and
the question was raised that there fatal vari
ance between the allegation Of ownership in the in
dictment and the evidence. The Court held the OBJ
lection well taken, and directed the jury to return
verdict of not guilty. The Court remarked that the
mistake grew out of another case, where Mr.. Bundy
alleged the ownership of property at Keystone Fur
as his property, and the Grand Jury and Prose-
cutting Attorney supposed that he was the sole owner
of the property.
State of Ohio VS.. Samuel Calhoun. Indictment for
assault with intent to kill
Solomon Shipley was the first witness. Was grad
ing iron at Eliza Furnace. Defendant drunk, and
wanted to get up fuss. told him to go away until
he got sober. He said must not say he WAS drunk.
He pushed me. and 1 picked up small stone. He
then eff and got a revolver and came up within
two three steps and cooked it and pointed it at me-
when Mr.. Altman caught the revolver.
-Stephenson. Calhoun was breaking a pony for
Harvey Wells, and had it hitched to wagon, and
was on the scales. He attempted to start, but the
pony would not start, and several persons in the
crowd laughed. Shipley also laughed, when Calhoun
got the wagon and went at Shipley, pushed his fist
in his face. Shipley picked up two rocks, when he
went and got a revolver, and came within about q
hundred feet of him, when it was taken from him.
John Altman. Saw Calhoun with the revolver. He
inquiring for Shipley, and trying to find him. He
got within eight ten feet of Shipley, when took
the revolver from him. Calhoun was drinking right
smart. Mr.. Roger out of the Office and request
ed get the revolver from him. as he might hurt
some one, hurt himself.
10. Patten. Calhoun had been to town, and was
quite tight cWitness went on to give detailed and
very intelligent narration of the whole transaction,
substantially given by the other witnesses.]
At this point the attorneys for defendant after con-
sultation with their CLIENT proposed to ent plea
guilty of assault and the evidence fell far short
os showing assault with intent to KILL the Prose-
cutting Attorney accepted the plea of assault merely
md The I'm v, and
they returned verdict of guilty of assault, and the
Court fine Of 25 and costs, and ordered the
defendant to stand committed to jail until fine and
costs be paid.
State of Ohio VS.. William Jackson. Indictment for
shooting his wife, Susan Jackson, with intent to KILL
The first witness called was Susan Jackson. am
married woman-my husbands name is William
jackson. We lived at Emma Mine, near Coalton. l
was at my fathers on Saturday, and on Sunday my
husband came over there was going to my fathers
and when on hill, near the woods, my husband and
a man named Tom Wagstaff were with me, and my
husband commenced throwing up to me a man named
Bowen. had not seen Bowen.
Then he commenced fussing, after which my
husband and Wagstaff went to get some whisky. !
waited till they came back, when my husband had 8
revolver, and said he going to shoot Bowen. We
all went along the road for time, when felt some
thing against my breast. had my pipe In my bosom
and asked him what he meant, and he said he would
show me directly. and Immediately shot me in the
left breast. the armpit. went to fathers be-
cause my husband fussing with me, and threaten
ed kill me, If he had to do 1t in my Sleep HI
was drinking that night. The shooting was neal
Coalton at Patterson's Coal Works.
Cross examined. My father lives on Buffalo Skull
some three miles from town, and some three or foul
miles from Coalton. Started with Tom Wagstaff OF
Saturday to go my thers but did not get there
till Sunday morning. VIII (my husband) came there
on Sunday and all staid there until Wednesday
when way to Coalton, the shooting took place
aud ffnnc
the used by Will. bought the revolver from
Ed. Courtney, and afterwards by some means Ton
Wagstaf had 1t, and got 1t from him. l took one
swallow of whisky that night. never drank only
when VIII made me do 1t. We were not all DRUM
that night not drunk. Tom and viii wer'
drinking. do not know whether they were fntoxi-
cated-they were drinking. told the Freemans
that Will claimed all the time that the shooting wa
accidental He claimed all the time that 1t was an &C
cident. He claimed Immediately after the shooting
that 1t was an accident
Re-examined. bought the revolver because VIII
was gone from home much of nights drinking, tha
thought might need 1t. Will knew at the timt
that had got it, Will had q talk with me at the jail
and wanted me to go away, and not testify agains
him. 1t would be hard for him to to the Peniten
tiary and leave the children. Do not know where
Tom Wagstaf now is.
DIR. Wm 8, Williams. Dressed the wound. 1t was
a flesh wound, and did not enter the cavity OF tht
body. 1t in dangerous part Of the body, and Il
proved fatal.
John Neal. On the day heard of the shooting
passing Jackson in Coalton and he called me tc
him. and began talking about his wife, and Wagstaf
and Bowen and said before they should break up his
family he would kill the whole bloody crew of them
His wife had stopped to light her pipe. She came
to where we were, and they went on.
Henry Taylor Am a brother of Mrs. Jackson. The
defendant got the revolver from me that morning
My sister had given It to and said 1t hers he
a Dc a ,nf Gnnr uxvHn
owner, gave 1t to him.
VIM. F. Owens. Saw jackson the night after the
shooting, and asked him why he had shot his wife
and he said he did not know that the revolver was
cooked. asked them If they were not beth drunk
and he said they were not down.
Thomas Douglass. When jackson and his wife
lived at Emma Shaft, they often quarreled. 1t wal
generally about Bowen, Wagstaf, and a man named
Cartwright He told her that If she did not stop
ming around with these he would break her neck
&C.
The State here rested.
The first witness called for the defense Martin
Howe. Mrs. jackson was now recalled and asked Il
she had told Howe, and Richard Bartlett and wife
that she did not think jackson had Intentionally shot
her. She said he claimed that it was an accident
and she did not think he would do 1t purpose and
she so told Howe. This rendered Howe's testimony
unnecessary.
Richard Bartlett. Mrs. Jackson was brought to my
house when she shot, and said she did not think
ner husband nao snot ner on purpose MRS. Darue''
testified to The same fac THIS closed the testlmony
Verdict guilty,
William Vaughn VS.. Horace l.. Chapman. This wa:
an action to quiet title strip OF land on South
street. between the lots owned by the parties was the
matter in dispute.
Court decided the case in favor Of plaintiff.
In the case of Lloyd and others Lloyd and others
reported last week. the Court held that the testimony
of John j. Davisson Leander West and others, as to
what Mrs Trago said about the house and four-acre
lot having been purchased with money belonging to
the minor children not sufficient to show re-
sulting trust in favor of said minors.
Decree in favor of defendants.
State of Ohio vs. Margaret Snider. Indictment for