The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1882-03-09

Swanson in the back of the head, cut
ting a cash, from which the blood
ran down upon his shirt. He then
struck him two or three times with
his fist. There were two or three
other witnesses who testified substan-
TALLY to the same facts.
The defendant took the witness
stand and testified that he and Swan
son had considerable dispute at the
first settlement. After dinner Swan
son followed at him. and raised an
other dispute, and pushed him twice
off the pavement. and he thought he
was going to kick him. when he
struck him in the back Of the head.
with his fist. Did not hit him with
cinder-had no cinder. Witness was
Marshal Of Wellston. Had mace in
his pocket at the time--could have
used it if he had desired to use a
weapon. Swanson on his cross
examination utterly denied pushing
Campbell, and said he never pushed
any man in anger.
The defense called witness named
John Beard. He had gone out, and
an attachment was issued, and he was
brought in by Sheriff's officer He
testified that he saw Swanson give
Campbell push. or hunch, and Camp
bell fell. He then got up, when
Campbell struck Swanson. On cross
examination he said he was not GER
tain whether he was down on one
knee or both, etc. On the attach
ment. witness was ordered to pay the
costs of the attachment.
The Court, in deciding the case.
said that the evidence was in direct
conflict, and in a matter in which the
variance cannot be reconciled. There
must have been false swearing. There
was no cause for offense where, in
business transaction, parties claimed
that mistake had been made. No
honest man would hesitate for mo-
ment to correct a mistake, even where
parties had made final settlement.
1t would not do to permit parties to
take the law into their own hands.
The assault and battery was unpro-
voked and cowardly. The defendant
was sworn peace officer, and if his
relation of the case be true, Swanson
was guilty of assault and battery, and
it was near the magistrate Office, and
it was the duty of defendant to go
and make complaint and have Swan
SON arrested. Was it reasonable that
Swanson should have provoked a diff
ficulty, by pushing defendant down,
and then permit defendant to strike
him several times, and not fight back ?
1t is entirely contrary to human ma
ture to act in such manner.
Defendant was fined $50 and costs,
and ordered to stand committed to
Jail until fine anc costs be paid. Pow
ell for the State; Moore & Atkinson
for defense.
State of Ohio VS.. Lewis Harrel,
VIM. Harrell and Joseph Crabtree.
Indictment for assault and battery
upon Alexander Crabtree and William
Crabtree. Waiver Of jury, and tried
by he Court
The first witness was Alexander
Crabtree. He testified that several
parties were going from church, and
Lewis Harrell told witness that he
must acknowledge that he had told
id lie, or take whipping Wit
ness said he did not think he had to
do either. Defendant then struck
him, or struck at him.
Alexander Patton testified the same
us to the origin Of the difficulty.
Alexander Crabtree took his coat off
ut the commencement of the fuss, and
before the striking. Saw Lewis Har-
rell have billy-an instrument made
of leather, with lead in both ends.
William Crabtree testified that he was
struck on the arm with a club, caus-
ing the blood to run from the wound.
The other defendants were present,
with coats off, and urging the matter
on.
John Cochran testified that they
were going from church, when the
three defendants, with their coats off,
got in before Alexander Crabtree, and
told him that he must take back that
id lie, or take a whipping. Crab
tree threw off his coat and said they
could have anything they wanted with
him id quick. Lewis Harrel then
shook his sleeve, and he threw some
thing at Crabtree, which did not hit
him.
The State here rested. Lewis Har-
rell, one of the defendants, testified
that when on the way from church
they came to the place where the
roads forked, and the Crabtrees were
about to take the other road, he asked
Alexander Crabtree if he had told
Mr. Cochran that witness had inter-
fered with his wagon. Crabtree said
he did not say it. So re words passed,
when Crabtree struck witness, and
witness tried to strike him with his