The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1883-05-24

cliff s wheat, and the trial of his-Win-
chelPs-murderers.
The preliminary hearing of Winchell
on the charge of stealing Radcliff S wheat
took place before George M. Adams. then
a Justice of the Peace, and Winchell was
not discharged, but required to enter into
a recogniZance for his appearance at the
next term of the court, which he did
with Martin Smith (hiS son-in-laW) as his
surety.
Mr.. Radcliff was absent at the time the
wheat was stolen; was, / think, neal
Cleveland at water cure establishment
and did not return until some time after
the preliminary hearing. His foreman
Mr.. Absalom f. Nelson, made the affida,
Wit and prosecuted the case. The wheat
stolen by Winchell was new variety
which Mr.. Radcliff had obtained from
abroad, and there was none like it in that
part of the country. Winchell undertook
to prove by his boys that he raised the
wheat, he took to the mill and sold, and
had them bring before the Justice of the
Peace, a sack of the same kind of wheat
as that stolen from Radcliff, which they
swore they brought from home. This
was true, but after WinehelPs arrest, and
before the day of hearing, he sent one OF
his boys to Radcliff's barn and had him
steal and take home, the sack of wheat
which was produced before the Justice OF
the Peace. It was evident to all observ-
ers, that Winchell's sons were testifying
falsely.
Mr. Radcliff died before the next term
of the court. On the day Of his death,
Winchell came into the Office of Hoffman
and yourself, where / was then reading
law. He inquired, first, for Mr.. Hoffman,
and, next, for you, [ informed him that
both Hoffman and yourself were absent
from town. He remarked. Il am sorry
case" | said to him, ''Set down, and |
will talk with you about it." He sat
down and began the conversation, "a
broad grin spreading all over his coun-
tenance0 by saying, 81 hear that man
Radcliff is about to die" | said. "That is
a pity" He answered, "Yes-but if he
dies, that will be an end of my case y
Like odd Necessity" knowing no law,
but desiring to conceal my ignorance, l
threw my feet upon the table, and said,
His death will make no difference; The
State of Ohio is the plaintiff, and the
death of Mr.. Radcliff will not stop the
prosecution" He said, in answer, "In
some criminal cases, it would make no
difference, but in larceny some man has
to swear that he has lost property. If
Radcliff dies, there will be no one to
swear to this. Alb. Nelson cant do it, nor
can any one else" Unwilling TO give it
up, 1 repeated that the prosecution would
not be affected by his death. lie answer
ed, "But 1 know it will, as I had case of
this kind once before. Twas arrested and
put in jail, many years ago, for breaking
into a jewelry store in Cadiz, and stealing
a lot Of watches. l broke jail and stayed
away for several years. In the mean
time the man died, and I went back, and
they could do nothing with me-"
AT this point / laid my book down, con-
Guiding it was no use for me to put the
the little knowledge 1 had obtained from
books, against the practical experience of
this adroit old thief.
He said to me, 81 don't want to go to
the penitentiary again; it is hard place,
and have had enough of it,"
He understood we'll the dividing line
between grand and petit larceny, and un-
derstood equally well what was necessary
to constitute burglary under the Statutes
of Ohio.
He said, eff Radcliff lives, they cannot
convict me of burglary, but will undoubt-
edly convict me of stealing the wheat,
which being of less value that thirty-five
dollars, will be petit larceny, and punish
able only by fine and imprisonment in the
county Jail for short period" He said
that in order to convict him of burglary,
the State would be compelled to prove to
the jury, beyond reasonable doubt, that
he broke and entered the barn, in the
night time. "Now," said he, "some one
e'se may have opened the barn, and [
coming along, may have found it open,
and gone in and taken out the wheat; yet
this would not be burglary" again he
said, 81 may have gone there in the day
time and carried the wheat in the corn
patch, behind the barn, and hauled it
away by night. Neither would this be
burglary"
In this connection, he stated, that he
was once arrested for breaking into a
wheat therefrom; that his lawyers
thought the State was making a pretty
strong case against him, but he proved
that he sacked up the wheat in the day
time, and took it over the bank and COW
cred it up with something, do not now
what, and hauled it away at
night, and that he was acquitted of the
burglary, but found guilty of petit lar
ceny.
He said, "when 1 lived up on the Re
serve, used to employ the best lawyers
in that part of the State, to defend me. /
was frequently charged with crimes, but
generally succeeded in getting off. NV
lawyers charged big fees, but 1 furnished
the witnesses myself. [ had men who
stood fair in the communities where they
lived, ready to go when called upon, and
swear to whatever was necessary, to Sc
cure my acquittal.'
was once arrested for breaking into a
store, in connection with a dwelling
house; that the wife of the man who
owned the store, swore positively that
she recognized him, but that he proved
upon the trial by four persons of reputed
that at the very hour when
the burglary was committed, he was forty
miles away, attending camp-meeting.
During the time I was reading law with
Mr.. Hoffman, he-Hoffman-was acting
us financial agent of the Diamond Fur
mace Co. and bought for said Company. a
large quantity of corn, which was in
cribs, within a few miles of Richmond,
Ross County. During the time that the
corn was in crib, Winchell came into the
office one day, and said, "HOffman [ want
to know if it is burglary to break into a
corn crib in the night, and steal corn ?"
Mr.. Hoffman said, 81 guess not" Win
chell said. 81 don't want any guessing
about it-I want to be sure on this point
| know it wasn't formerly burglary, but
the Legislature is constantly amending
the law, and didn't know whether any
change was made last winter, or not"
Mr.. Hoffman then said to me, "Rill-hOW
is this?" l examined the Statutes
found the last amendment of the burgla-
ry Statute, and informed him that corn
Gibbs were not among the buildings there
in enumerated Winchell then went to
the corn Mr.. Hoffman had
bought, hauling it to Chillicothe by the
wagon load and selling it.
The preliminary hearing of Big Nels.
and Little Nels. Winchell and Joseph
Matthews, on the charge of numbering
old Dan. Winchell, took place before
Squire Mason of Jackson township. Mr.
Levi DUNCAN and myself appeared for the
defendants, and Judge Tripp, then Pros
ecuting Attorney, represented the State.
The trial took place on Saturday, and was
not ended until at. or after, midnight.
The nrnnf before Squire Mason was SO