Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1884-11-27

On last Saturday Judge James ID. Fox ar
rived in town for the purpose of presiding in
the trial of Edward Thomas, indicted for
murder in the frs: degree. The case was
brought here on change of venue from Iron
county where it has been pending since 1879.
The history and facts of the case are about
as follows: On Sunday, June 18th, 1879, the
defendant in company with VIM. Warren
and Oliver Mayberry visited NIiddlebrook
where they spent the day drinking beer and
having good time. About shutdown they
started home and passing the saloon of
Michael Seitz they We're invited to get off
their horses and have some beer, an invita-
ton they accepted. After leaving the saloon
they went on the porch of the store. adinin-
ing the saloon, and were engaged in friendly,
social conversation, when the deceased,
Nicholas joss, came up smoking a cigar
Thomas in joke attempted to knock the
ashes from the cigar and in DONG so acct
dentally Knocked it from Joss mouth. There
upon trouble arose. The states witnesses
swore that when Joss demonstrated, Thomas
Immediately pulled off his coat and invited
joss to fight. That he struck joss with his
fist, and drawing dirk knife plunged it into
his left side and severed both auricles of the
heart, causing almost instant death. That
Joss Immediately grasped defendant and
both fell rolling down a small slant about
twenty feet. That joss was on top on each
ing the bottom but died soon after. The
theory of the defence was that joss becoming
enraged at the action Of Thomas refused to
accept an apology and fresh cigar but i'm
mediately assaulted defendant. That he
grasped him by the shoulders, threw him to
the ground and both clinched and rolled
down the slant where Joss came on top and
was choking and beating defendant when the
latter to protect his life drew his knife and
plunged ii into deceased's breast. A panel
of forty men was easily secured on Saturday
forenoon when court adjourned until Nom
day morning in order TO give defendants
counsel time to make challenges. On Mon
day at one O'Clock the following jury was
sworn to try the case: William b. Hill, Will
liam Torrance, John Rubey, John d. Lynch.
Elias Farrow, John Evans, James Evans.
George Evans, Williams BAYS, Daniel Rut-
ledge, John Crutcher, and Narcis>e Portable,
and the examination Of witnesses COM
menced. As the case had been tried before
resulting in the conviction of defendant and
his sentence to penitentiary for ten years,
from which an appeal to Supreme Court was
taken and a new trial granted, very little
time was lost in the Introduction of te>ti-
mony and the case was ready for argument
at the night session on Tuesday evening.
After argument of counsel which consumed
nearly six hours the jury retired and after
an absence of about twenty minutes return
ed a verdict Of not guilty. The state was
ably represented by Hon. W. r. Edgar, of
Ironton, and Prosecuting Attorney Evans,
Judge Carter, Judge Dining, Senator
Byrnes. and Frank Harris conducted the d. /.
fence. The verdict was received with demon
strations of applause which were promptly
checked by his Honor. Judge Fox, who pre-
sided in his usual able and dignified manner.
-Potosi Independent.