The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-01-30
wooDsFEID MONROE COUNTY OHIO TUESDAY, JANUARY 80 1888

nemhering that John 2 mixer had used
, poker on him once, ne jumped and got
poker and run out aud threw il down +;
came hack to door where Smith was
standing in door; he received a blow
there and couldn't stand any more, aud
then went back and picked up poker
when he saw that be was stabbed the
next dsv be ssid he was dying and wan
ted to fig up his business.
By Defense 4 heard him say he was
going to die. Mrs BJltz, his wife and
others were there
By State -C,me.in the room; heard
him say he was glad he could die and
that Samuel could live. Mrs. Boltz ask
ed him if he could forgive z mixer; said,
he could. =
M1oHAEL BoGGHNERs%-lsesiie n'laf
Cameron, in Salem township; acquaint-
ed with both men; saw Zessiger on April
26ih, at Mr.. Rays ia Cameron. He
told me to get paper, pen and Ink, that
he was going 10 die; told me to write
down just what he would say about the
transaction, if ] thought that was nee
essarv. or he wouii tell it over to me.
By Defense -On Monday when | was
there he made similar statement and
said they were trying to make him be-
lieve he was going to live, but he knew
better; have no knowledge that any one
had suggested the necessity to him of
making statement: at the last meeting
between US on the 26th OF April, he did
not refer to our first meeting; said he
wanted to tell me exactly how the trou-
BILE happened.
By Court Said he was going to die
and didn't know what his fu'ure would
he
Ry State On the 26th of April he
talked about being baptized and asked
me if | thought that would he right;
concluded he would not do that: I pray
ed for him. Here witness gave the de-
ceased's dying statement of the trouble
at Stukey's with Zonker, which did not
differ materially from the evidence Civ
en- by witnesses IN the case, except that
deceased said that Q mixer did it without
cause unless be did it because be. rs
siger, had not lived up to contract
about a horse.
By Defense Jacob asked me what
they would do with Samuel; told him
that was IN the hands Of the Law: he
said he did not want them to hang Il M
ker, but he thought he should he punish
ed, as he had injured hin without
cause.
DR.. " G. WEBB R ,side at Came.
ron The evidence Of this witness was
as to the nature of z ,ssiger's wound,
the tx,ct location Of it. the examination
and the operation performed by himself
and Dr. Walton. The wound was 24
inches in length when the intestlnes
we're put back and was in the transverse
colen; the condition of deceased i'm
proved after intestines weresr sreturned.--
Ee died from fl snatory action of the
DR.. WILLIAM WALTON An phvs'-
clan Reside at Claringtor. Saw Z.s-
siger at Cameron on April 22i was call
ed TO consult with DIR. W. G. Wehb =
Witness described the wound and the
treatment.
All ,urned.
TUESDAY MoRNING.-Court convened
at O'clock and the first witness called
was
DAVID HAYNES Reside near C,ne-
ron; acquainted with both men; saw
them on April 22i; met John aud Sam
uel z )uker on that day on their way
home; Samuel said Jacob struck at him
with poker and he threw up his arm,
knocked the blow off and struck him in
gbe belly W tn his knife; pulled out his
knife AMI showed it to me; John said
he had sore eye. when Samuel said it
would be we'll before Jacob Zessiger's
belly would.
DefenSe-The old man had q bruize
on his face.
JAMES A. &E:LoTT R side near Cam
eron; was in town on April 22i; knew
both men,. This witness narrated the
difficulty at StukeY's about as the other
witnesses did
JOIN W. Z2ssIGER Live in Salem
deceased was nv Uacle;
heard of the trouble on April 22d. On
Sunday. after the affray, net Samuel
and John z mixer: Samuel asked me
how Jacob was snd said he wished Jq-
cob would get well: John said yes. i
would send Samuel to the Penileuiiary
if Jacob died.
Defease No qne'tions.
CLARK SMITH-Re-csiled nv Safe
Vas examined yesterday When rs
sieer went out Of the house with the
poker what was said Jacob said d-n
you come out and Samuel said d-n You
come in
DR. W. ~. WEDB R acaled bY State
Wound about the middle Of the col
en-; his physical condition otherwise vas
good saw him at o'clock on the 26
and at that time lie was in a diving con.
dtion; voulited blood Tuesday night
ard Wednesday morning. The imme-
la,e cause of death was infsmatory ac-
tion AMI hemorhage, caused hv the
wound Inflicted Have practiced %
years.
The State offered in evidence the wit
ness record to show tha: Christian Hart
line had beea suhpoenaed.
The State Rested.
EvIDENCE F1R Defense.
The witnesses for Defense were called
and Samuel z ,nker, the accused, was the
first placed on the stand.
SAMUEL ZoNKER, the accused; was at
Cameron on April 22d at Stukey's: John
B uehner and Jacob z ssiger came 10
and said Samuel you ought to have ia
ken Charley, and mentioned the bpsi.
ness his horse was doing; my father
came out Of back room aud Jacob
caught at his pants; and pap c. ught at
his pants; he knocked pap down: l told
him he ought not to treat an old man
that way; Jacob said he would mash
my nose all over nv face; pulled bis
coat off, grabbed poker and went ouI
and said yon Id dutch son of h--h
come out; Mrs. Stukey told me to go
out that she didn't want anv fuss in
there; Jacob came to the door and