The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1882-06-15

Ter that he would let him have charge of Slage he
would vouch for him. Dower told him to go, and
pushed him towards witness, and Slagle and witness
started away. When some three four steps away,
some from behind struck sagle in the back of the
head, knocking him down. Looked around, and saw
Dowler running back.
Daniel Faulkner and Lee Lowry testified to the
same state facts substantially except that they
saw Dowler strike Slage the back of the head with
his cane.
Sagle testified to the same, except that he did not
see who it was who struck him. He said he had been
drinking some, and Dowler had been drinking more.
He Dowler had said in the forenoon, that he intend
ed that day to arrest twelve persons, he could get
fees to get whisky with Witness admitted that
he had used vulgar and obscene language.
All the witnesses testified that 1t was pay day for
the railroad company, and that there were perhaps
seventy-fve present, and there considerable
drinking and confusion.
The State here rested.
For the defense, R. W. Jones and Zip" Conner tes-
titled as to the vulgar language used by Slagle.
Sard Cole said he heard Sage having loud talk, and
making threats Saw slagle drop rock out of his
hand, and thinks Lowry had rock, (both these par
ties had testified positively that they had rocks in
their hands)
j. Edward Jones testified that he was Mayor of Oak
HILL and Dowler, the Marshal, had represented to
him that there many in the village and that
there good deal of drinking, and he needed ex
ira police force and extra policemen appointed.
A boy called as a Witness but he knew nothing
about it.
The argued by E. G. Powell, Prosecuting
Attorney, for the State, and by John NJ Downey and
J. L. Jones for defense.
The Court, in the charge, laid down the general
principles of the law to assault and battery and
explained that 1t is the duty of officer to make an
arrest where he knows of violation of any criminal
law of the State where information upon which he
can rely, has been brought to him. that crime has
been comitted The State does not seriously dispute
the legality of the arrest but claims that the defend
ant had turned The custody of Slagle to ARM
strong and whether he did for the purpose of hav
ing Armstrong act guard, to take Slage away,
If he not attempting to escape, if there
attempt to rescue him, the defendant had no more
right to strike him than had any other person, who
was not an officer.
Verdict guilty.
The Court, in passing sentence, said that the evil
dence showed that defendant surrounded by
bowling mob of drunken men, and had been knocked
down while in the discharge of his official duty.
backguard had defed the law and its officers, and had
brought the trouble upon himself, and far as he
(Slagle) was concerned the defendant ought not to be
fined more than one cent. Had defendant done the
striking when he first made the arrest he ought to
have been acquitted. He.evidenty turned Slage
to Armstrong because he was afraid of the bowling
mob and glad to get rid of him but after he had
done so, he went too far, when he struck him. and
fine of IS and costs would be assessed defendant
ordered to stand committed until fine and costs be
paid.
bell Indictment for burglary. Defendants not hav-
ing any means, j. L. Jones and Moore Atkinson
were appointed by the Court to defend.
The first witness called was Mrs. Rufus Peters. Am
the wife of Rufus Peters, and reside Pearl street.
in Jackson. Residence has three outside doors.
Think the door on Pearl street was closed on the
night in question Heard footsteps-heard door open
some one came in-heard the footsteps-heard per-
son go out, and the door shut Supposed it was Mr..
Maxwell, who boarded with u.s. Next morning be-
the mantel and about three O'Clock day hat be-
longing to Miss Myers, missed. 1t had been
the organ.
On cross examination witness said she heard the
door open and shut the person came in and also
he went out Person only remained in the house for
short time. Never thought of its being any other
person than Mr. Maxwell, the boarder. Was between
nine and ten O'Clock at night when door opened
and person came in.
Mrs. Peters described the house and rooms at
length.
Rufus Peters. Recognized the box as his property.
The night of May 25th came home between nine and
ten o'clock-came in the back way. Doors generally
closed that time of night.
Rufus Peters jr. This is a very small boy but quite
intelligent. Next day after the property was taken
was fishing in the creek in Mr.. Bunn's pasture, and
defendants were there fishing. Mrs. Campbell had on
katies hat. 1 knew the hat. Katie is the girl who
lives with us. Mrs. Campbell came up to the Depot,
and from there went to McGuire's and both defend
ants went up Castors, and went his grocery,
and did not see them leave there.
Kate Myers. Live at Rufus Peters. On the night
of May 25 1882 the hall door closed but lock-
ed. Between nine and ten O'Clock heard footsteps
the oil cloth in the hail. Next day about three O'Clock
missed my hat. 1t was wide brimmed, black leg
horn hat lined with satin, and worth six dollars.
Word came to me next evening from Mrs. Davis,
which caused me to go to the creek, where saw
woman with my hat on-I am sure 1t was my hat. Did
not know the woman-could not recognize her now.
can recognize the gentleman who was with her-it
is the gentleman now here-the prisoner. They came
up to the depot, and followed them and watched
them until they went in either to McGufres lot or
Castor's, and did not them leave there, and
have never seen my hat since.
The cross examination was very thorough but
nothing new was developed.
Mrs. John Davis. Know Kate Myers hat. 1t was
said to have been stolen Thursday night, and
Friday afternoon at the creek, and the hat
that lady (pointing to Mrs. Campbell the defendant)
Rev. Mr.. Maxwell. Board at Mr.. Peters. Was
there on the Thursday night in question: and in
with pitcher of water about dark, and closed the
hall door when came in.
Albert Castor. About sundown the Goth of last
month a lady passed through my saloon. 1 think it
was large woman than Mrs. Campbell. Mr.. Camp
bell came In just before the woman came in.
Miss Carras. Reside at Catholic Parsonage near
Columbia street. Saw a woman go to a neighbor's
door, Mr.. Roseleib across the street. and rap. No
to the door, when she pushed the door open
and went in, and in less than minute out with
a sun bonnet on, and hat. "a bonnet was
shown to witness, and she said it looked like the
| the woman had.
Miss Roseleib. Went to California Pike county,
and came home on Saturday, May 9th. Heard of the
theft and then found that my sisters bonnet was
missing. (Sun bonnet shown to Witness and she
| ognized it as her sisters bonnet.)
VIM. F. Owens. Was called to the Valley House
officially, had heard that there stolen goods
there. Found the box and bonnet in their rooms
| at the Valley House. Mrs. Campbell denied taking
the hat, and said she had come back with bon
net and pointed out the bonnet in Court the
she had worn. She admitted that she had worn hat
when she went out and pointed out the hat she had
worn. told her satisfied she had the hat, and
she had better give the girl her hat that would
be the end Of They both denied any knowledge OF
the hat, but Mr.. Campbell said that than have
trouble he would for the hat and he did pay
it. Saw Mrs. Campbell in the hall, going rapidly into
her room, and turning If she had come hurriedly
out of room 16 or H. Found ashes the crate next
day, where some fine straw article had been burned.
| (Had ashes in Court)
| The cross examination was very lengthy, and we
have not room to give it in full as the evidence
| chief was not materially changed.
Lou Taylor. Saw the box in room Is at the Valley
House. Mr.. Cook occupied the ROOM 1t was on Fri
day night. Do not know where Mr.. Cook was on that
evening Recognized the sun bonnet in Court as one
found in room II, which room occupied by Mr..
| and Mrs. Campbell. Recognized the ashes. When
first the ashes what appeared to be the ashes
of a satin ribbon.
Rufus Hunsnger. Saw woman in the lot on the
Goth, passed my house, and went through potato
patch, towards Roseleibs. She had on black hat,
with broad brim.
| Joseph Andres. About seven O'Clock on the even-
ing of the Goth of ay defendants pass the store
of Brookins, Hunsinger Co. They were going down
Main Street. Mrs. Campbell had on broad brimmed
black hat.
| Mrs. Benjamin Trago. First saw the box in room
15 Was in the room the evening before and did not
see the box. Mr.. and Mrs. Campbell occupied room II.
| Benjamin Trago. Loaned Mrs. Campbell money to
pay the young lady for the hat.
| John Hubert. Saw the box in reom IL. 1t was
day two before Owens was there. Mrs. Campbell