The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1885-11-19

Town ana says, This thing Is not settled vet /
will settle it another time.
Cross Ex.-oues. Who was present at the time
nc came 70 the house? Ans Nobody but Manu.
myself and little boy. Cues. Who was present on
the 18th OF October? Ans. Nobody but Mr.. Marsh
and myself: happened to run down to see If he
was coming 10 dinner.
John u. STEVENS
called fer defendant: Knew Cyrus L. Bents. lie
was kind Of quarrcls0me man.
Cross. Ex.-.kncw him about u years; lived
about ~ miles from him. was on good terms with
him; had no trouble with him: whet ] mean to
say Is he vas somewhat quarrclsome In regard TO
ieaiing with men. -
called for defendant: Have Known Cyrus i. Ben!s
for the last 10 OF IS years; be was rather quarrel
some man.
reputation as to his being quarrelsome.
A. WILDMAN
called for def: short time prior to this ARRAY
saw the def. in Laidlaw's store. Bents came ~
and the def got up and went ont three or four OF
us were sitting By the stove talking IS 3. came In
Marsh got up and went out. That Is all saw Of
t. whether hs said anything to him or not don't
Cross Ex.--B. did moi try to hinder him going
out did not say q word to him; no one tried 70
prevent n. leaving.
in conversation with the rest aud stopped the con-
vefsation aud left.
called for the state: sh8rt time prior to this NJ
tray / was standing At the meat market and Bents
came mp to me and wanted 10 sell me team nc
had Just taken away from Y. u: was going down
the street on the opposite side. b. says you stop
mere Il miuufe ana will see this man. They met
about the middle OF the street. did not hear any
conversation between them whatever, until the
hst words, y. says y y YOU mark u down. y.
aud said that la told n. 10 mark it down he would
have II out Of him.
call ed for def. Knew Bents fer the last years
sn0IIfd ha a. II LITTLE inclined he 0ONffCk.
~oflc.
Cross Ex.-I never had auarrels with him;
might have had but would not quarrel with him.
am tcs;itying about Mordy quarrels, list shaking.
etc. ldon know of his striking any man.
GHAs. LLOYD
called for dcft Saw Rcnts either the same day OF
the affray or a day or two before lie met me on
the street. and asked me i'll had seen Marsh. told
him hadn't that day, and he said he hadn't
brought home that collar yet. and IL he didn't he
would lick hi out Of him or pound hi out OF
him. one or the other, don't know which.
Cross-Ex.-M. married cousin Of mine.
FRANK sHAfER
call for dcft Testified substantially same IS Lloyd
called for def: Bents was peculiar man. but
never had any trouble TO get along with what lit.
tie business, had with him. could not swear
that ne was quarrclsome ! was ~ IT. CLAN
Is. told OF an nd venture with stage driver going
to Dakota. The driver and he got into quarrel.
Il appears b. was the best physical man and tack
to Cys own story, and in the tight Cy got the man
under the water and supposed he had him drown
ed, according TO his own story, but there was 9
Niger on the stage that took the stage driver ana
rolled him On his knee; got the water out of him
and he came TO. That is all know about u. ]
am inclined to think u. said at that time. that he
supposed he had drowned the son OF BIB, Out
would not swear to that.
Cross e. 1T was the usual country store talk.
presume We were all telling pretty big yarns; !
talk sometimes myself, but was not taking when
a
. leverage. Ques. You were all dealing in NUM-
chauscn kind Of yarns: Ans. General country
store talk.
talk consist of lies?
objected TO- Ruled out0
j.. r. ANDRrs
called for def: Bents told me. abont year ago
now that il Marsh did not settle with him he
would make him trouble. asked him what he
meant. tie said he would thrcsh the wool On q
him. told him that was not the way to arrange
any disturbance OF that kind Of business transac
ton; he had better leave II 10 men. He said nc
wouldn't do 1t, he would have his property or nc
would give him threshins. ! told him ne mign,
| get thresied himself. and what weuld he 90 ~
! that case. lie said he would lick him ii it took
every drop OF blood in his veins.
Defendant rests
| NJ NJ Noon
called for State: lave lived in Cresco about I:
years. Knew Cyrus Eents in his lifetime.
think his reputation as quiet and pcaceable cit
| zen was good.
1
auarrclsome during his Lifetime. Don't know q:
| / ever heard the question raised
Redirect 6x.-I knew him about - OF q years
During all that time never heard his reputation
| as to being Il peaccable and quiet man questioned
dealt with him in the store ever since have
been here.
/ +. I. BARKER
called for state: Knew Bents q or y years. III
character Us 10 being peaccablc and quiet citi
zen, was good
. CrostEx.-I never heard il questioned; nevo
!. heard il talked about as to being peaceable
otherwise during his lifetime. never had an.
d;tiiculty with him: he was no more excitAbl
than the ordinary MAJ.
j. G. CPIoS
. called for state: Knew Bents; lived neiShbor Z
: bout 10 years. always considered him good ~
! dustrio,is boy and never heard anything 10 tn
J contrary, but that he was peaceablc and quiz
! citizen.
\ J. II. BROWN
!. called for state: knew deceased nigh on 70 !
/ years; never knew anything u the contrary 70 n
7 being Il pcaccable and quiet CITIZEN never heard
= brought into question neither one way nor u
: other.
The witnesses. j. Il. CaWard, John Mcliugh an
y +. j. Mcflngh, were called upon the question
!. tile character Of the deceased as to being peac
: able and quiet citizen aud testified substantial
= the same us the foregoing witnesses for the state