Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1883-07-05
they were going away; but / couldn't


smoke from the gum
| A.-s'No; did not
BY juror Oswald. How close wa
the negro to your
| Against my shoulder, RICH
close to me. Even after | took the a,
away from Pat, he grabbed it, and
had to break his hold"
i BY juror Benedict-"Did he sleep il
Pats house?n
/ A mo, little ways offpa
| Here some discussion ensued as tc
distance, but it was finally fixed at about
twenty-eight yards.
| By Juror Barnett-s'Did you hear
anything said by those parties that were
therep''
| A.-.'No did not speak to either one
of them as | had spoken to both on the
road. The negro spoke to both, but
neither answered. He said how do you
do Mr.. Battle, but Battle never answer
ed. and then he said, how do you do Mr..
Judge, but he did not make any reply"
BY the same Juror-"Pat couldn't
shoot?"
A.-sNo, he had nothing In an
swer to question from Juror Benedict.
''These men were on the east side of the
| house."
Q.-"What were these parties doing
when you passed them on the road.''
A.-"They were not doing anything.
am not certain whether they had any
ak with them or not
Q.-"Were they on the fence or by
the fence?''
/ 3D. &lo faaao f
Q.-"How far had Pat Judge passed
| them?"
A.--"About twenty-five or thirty
rods"
By Juror Benedict-"Did these boys
make any threats before the arrest, at
ALP"
A.-"No.n
By Juror Barnett-'.Did Pat Judge
say anything what Ire intended to doP''
Al met Judge on the steps of
Baldwin's store, but he did not make
any threats. He spoke of the disgrace
but that was ALL"
Q.--"Did you see the parties leaving
the house,"
Ayes, going up hill"
Q.-'.And you saw a gun?'
Al thought so, but / couldn't see
distinctly, but didn't see gun around
the premises at all when | went past
these men. Probably they had a gun
going up the hill, but l couldn't swear
positively
Q.--s.How many were there?'
Al think five, but / didn't see
but two men when ] was taking the
negro to the house When they were
going up through the brush / thought
there was five, but am not certain.
BY Juror Wright--"Did the boys go
after you after you made the arrest?n
A.-"No."
Couldn't any one shoot from the
house?n
Ayes, but there was only Pat
Judge, his wife and daughter, and John
Judges daughter in the house,
BY Juror Wright-.'How far off was
the sound?n
Al don't know; pretty close
| BY Juror Benedict-"Wa the brush
close bypn
A.-"Thcre was no low brush close
by.n
Q.-''Any trees in the yard that you
know ofP'
A.-'sThree or FOUR
Q. sNot enough to hide the yiew?n
| A.-''No". In answer to question
by juror. 1.-THE only place where
any one could be concealed was the
Kitchen
Q.-'.And you could have seen when
you passed by, if any one was in there?'
Ayes"
By Juror Benedict-''C the me-
gro have been shot from that building?'
A.-Yes, they could have slipped out,
but couldn't have shot from the inside.
| (explains the situation).
By the court-s'If they stood in the
door, they would have been more apt to
hit you than the negro, wouldn't they?''
Al should have thought So"
BY juror Barnett-''There was not
anything said by any of these parties,
that you heard, at alp
A.-''Not a word" In answer tc
another question. They did not
come to Pats assistance, that | saw
Q.-''In regard to the guns. Did you
take any guns from any Of these parties
afterwardspn
Al did that evening""
Q.-State what condition they were
in"
A.-"One was recently fired, and
had been reloaded
Q.-"Who did you take that CUR
from?."
A.-"Pat. Battle In answer to 8
question from the jury, could tell il
had been fired by the moist, burnt pow
der in the barrel
Q.-What was the condition of the
cap?"
Alt had just been put on.
Q.-''Did you test it to see if it wa.
loaded?"
Al did. / drew the charge
and took out eleven buck-shot.o
Q.-''At John Judges, what did yot
do therep''
Al got gun, but it had no load
II had been recently shot, but had no
been reloaded In answer to ques
ton, Il should judge Battles boy wa
about eighteen"
The next witness was DIR. A. III. Bar
Der, one of the attending physicians
whose testimony was as follows:
DIR. Barber, sworn and examined.
i Q.-"You were called to see Samue
Gadlin.n
Ayes, sir.n
| Q.--.'When?''
A.--''On the afternoon of Tuesday
June Goth, between five and six 0 clock
| was sitting on the postoffice steps, witt
T. A. Burr, when | saw Richards com
into the iail-yard, with double team
and stop He motioned to me, and
went over, and found them assisting
negro into the jail. They took him u
to the women's department, and lai'
him down, and / asked him if he wa
shot, he said yes. | had him lie o.
his face, and i pulled up his shirt on tn
back, and found number of wounds
which looked to have been made b
buck-shot. | had no instruments wit
me, and had to come down to the ofiic
for them, and said | would step over an
get DIR. Kinney. The DIR. went over wit
me, and we examined the mans back
and found ten holes in his back. tie
wounds. They were all in a Place, in
/, parallelogram, from one and one-hal
inches wide to three inches long. Tw
of them were on the left side of the mid
die line of the spine, axis of the spine
, and eight wounds were on the right side
How many shot, we couldn't determine
; the lowest wound was on level with loves
rib. The man was in great misery. Hi
pulse was weak, and he complained {
great pain just to the right of the pit {
the stomach in front. There was som
-. Il Il ~