Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1885-03-19


b2rkeeper waited on them; | then steI
ped back to the window and counted on
, the moaey to Day for his cattle, 500;
handed it to him and told him to take
and count it; he did so, and said 1t wa
all right; there was never any furthe
question about that money. Then l bs
lieve l asked him to throw dice; he sal
he would throw if l would let Monaha
count; told him ali right, and we threy
two games. 1 lost, and we took anothe
drink; Archer didn't drink that time
Then we got to playing enchre; Dz,
and l played three games, and l bea
him; then. We drank again; don't know
whether Archer drank or not. Day an.
| then talked something about. hOrs
race. Afterward we got to playing 4
handed euchre with Scott Littleton a
my partner and Archer as his; plsyeC
two or three games, and there was on,
drink brought in during that time; afte
the game ended we all took one or tw,
more drinks; l always took small drink!
of gin. just before l left 1 says tt
Archer. Lets you and l shake hand:
and make this thing up, and bury the
ihatchet. and take drink over it."
took hold of his hand, and he jerkeC
away and said, Il don't want you to tall
to me, and don't want to talk to you,
ald stepped back and said. 81 would
have sent you and Charley Bradford tC
the penitentiory if it hadn't been fol-
McCaffrey getting horse and posting
Bradford" L says, You wouldn't;
never done anything to be sent for
Then we went out and went down tG
slaughter house yard for Day to get his
horse for him to go home; had no con
versatiOh with them going down; they
kept to themselves, talking together
couldn't understand what they were
talking about, as they were talking in a
low tone. On road over we met my
brother, and Archer struck him with
Days whip in play. We went to yard,
and Archer and Day went up to fence,
and we're standing there talking; they
were not untying the horse, and were
talking low, and it. seemed very conf
dentially. | waited. and he didn't unite
his horse, and then l went to look for
my coat, and it wasn't there; went to
slaughter house. and asked my brother
for it, and he said didn't know where it
was. stepped back on steps, and then
Scott came out in yard; went again on
hunt Of my coat, and when [ walked out
into yard again. and the horse was stand
ing with head toward Belmont street,
and Scott was at head of horse. l help
ed Day on his horse; held stirrup until
he got on; Archer was on other side OF
horse.
Adjourned until l .. ID.
AFTERNOON SESSION.
Court convened promptly at o'clock,
and the examination of the defendant,
Oliver BOrham, was continued:
Pockst-knife handed witness, who said
he had examined it during the recess,
aud said it was his knife, and was the
one with which the cutting was done.
| wanted Day to put his horse in the
stable and stay all night, but he wanted
to go to st. Clairsville the next day to
pay some taxes, and Archer said be did
not want to stay all night, and Day said
he had some papers at home he wanted
to get. Day proposed that we take anr
other drink, and we decided to go over
to Campbell's to get it; when we left the
yard, Archer was on the right side. and
1 was little ahead; kept the sidewalk
until we got to the upper end of the
market house, when l went out on the
dirt road; 1 was about 25 feet ahead,
and Archer was leaning against the
hors.., and they were talking together;
did not see them again till we went on
the bridge; l was ahead when we went
on the bridge, and was on left hand side
of bridge on wagon road; first L knew,
Day caught hold Of my left shoulder from
behind me, and jerked hard enough to
turn me around; he said, Hold Oh here" "
l said, "HallO, what's the matter?" he
said, "Y YOu're fighter, amt yOu?" and
said, mo, amt he said, you're a
d-n coward" l backed away from him
and he SAID, Come on if you're ready"
Archer hsllooed, "Hit him with stone,
Sam, he's got knife" l said, Don't
hit me, have no knife" Archer was
back 10 feet on the bridge, holding the
horse; while we were backing. he came
on up with the horse; up to that time
there had been no trouble between Day
and l; l never knew Day before 1 o'clock
on that day; never was any troubls be-
tween US; kept on backing away, and
he kept on striking me with his left
hand; l was trying to catch his hand
with my left hand, and was hallOOing
"Murderl help! policeF as fast as L
could; was not IN condition to fight
any one: they surely knew it from what
had said; Archer ran in on me from
behind, and put his arms around me, and
threw ME down; as soon as got on the
ground, put my hand in my pocket and
took out my knife; Day WAS on me, and
and l held the knife above my head and
opened knife, and struck him on the arm;
then turned knife in my hand, and held
it above his back, and when he conn.,
menced choking me, stuck it into him;
showed Day back with my feet. and be
got up and walked toward the bridge;
saw no more of him till saw him lying
in the road; Archer was on top of me,
and trying to take the knife from me; |
was yelling for Scott, and Archer said,
stop that hallooiDg, or I'll shut your
wind off" and he got me by the throat;
| hit Archer with the knife twice, with
motion of wrist, on back of the head; l
remember no more till Scott had hold of
me; he told me to go home. but was
afraid to go that way. as had seen Day
start that way; this knife have carried
for years; could use my arm from ell
bow; muscles in the top of the arm hurt
worst.
@. What notice of any kind whatever
did you have of this assault till Day
caught hold of you? A. None at all, we
were going to get drink together.
@. At the time you took this knife out
of your, ,pncket, did Won believe you were
in great bodily hdrn? A. l did.
ho 10 mi fa
did you believe iG necessary to do so. to
guard against death or great bodily harm :?
Objected to.
@. What was your opinion or belief
at that time? A. thought Archer was
going to kill me. and had got Day to help
him. | Thought of Archer right away.
believed that when 1 used the knife.
Cross examination-(Wi Witness shown
knife,) believe that is the knife used
that night, and il is the only one | had
; mil NJ 81