The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1886-05-26

said, 90, Jesus r. or something and fell
dead Walton started across the road did
not notice where he went; be started of
in q rapid gait / was slightly acquainted
with Walton and Mealy; they were near
ly the same size; 1 heard there was likely
to be difficulty that night; was not taxi
ing part myself.
Rufus Dodge, sworn-He said he was
the father of the wife of Mealy; think
Walton is the heavier of the two had no
reason of comparing the weight; he was
built about the same as l was built when
L was young. [Osmer replies: "When
YOU was first built."l
Frank Dodge, sworn-The last time I
saw Mealy weighed, he weighed l749 saw
Walton weighed, he weighed l75; think
Waltons weight was four or five pounds
heavier than Moaly's.
FOR THE DEFENSE.
Howard Baker, sworn-Know defend
ant and deceased; knew of the festival !;
saw defendant before he had conversation
with him the proposition was two or 3
davs before l saw defendant; Mealy told
me to come from the mill, that he was go
ing to thrash defendant; went to festival !;
! defendant was there and Mealy came, also
John Dodge came out before Mealy the
Dodge boys were all there; Walton came
| out and talked with me Mealy SAYS II
want to settle with Walton, aud Walton
says have nothing to settle, it must be
settled" Mealy throws off his coat and so
! does John Dodge and they wanted to fight
| Walton, but Walton says he had nothing
| to fight for; Walton went to the skating
| rink; saw defendant and deceased after
| a few days at Amsler's store; heard no
conversation at store; Mealy shortly after
the supper said to Walton; "When are
| YOU going to settle ?" Walton said he had
nothing to settle; Mealy said; "You keep
out of my way or L will cut your heart
| out :" John Dodge talked with me and
| said the first time he caught Walton no
| would have to fight; he sent for him to
come to the festival met Dodge at billiard
room about three or four days after the
festival at o'clock; saw Mealy and
| Dodge; Dodge inquired of me where
| Walton was and when they would settle
this trouble; Mealy said he would lick
defendant if it cost him a summers wages.
Cross-ex.-Tne talk was the talk he had
| said about Mrs. Mealv. it was some SIAN
der against her character, it was a ques-
ton whether it was me or Ed. Walton
and told Walton that Mealy wanted to
see him about it, l think didn't tell him
Mealy was going to whip him. AT the
festival John Dodge came out with Mealy
after me and Walton were already out,
Mealy said then he wanted the matter set
tied up, 1 don't know as Walton tried to
| put the talk all on me, he did some, Mealy
and Dodge had coats of, Mealy said he
could whip the one that said it., and made
some ugly motions. The threats at the
festival were made against the man who
started the talk. l am second cousin to
defendant and about the same relation to
Dodge's folks.
DIR. fowler recalled-It was about FIVE
minutes from the time of the shot until
Walton came in the store; left Walton in
the office; about eight to ten minutes
more saw Walton looked pale and much
excited; saw mark on Walton's bead,
which was swollen, saw Mealy and Wal
ton together; think they both were about
the same size; Mealy had wonderful
muscle; was well built.
Scott Bell, sworn-John Dodge came tc
my mill about Nov. lst, 1885, and told me
to go up and get the boys to come down
to Marienville that night and he said they
were going to lick Walton, and then he
afterwards said at this time, AL. Mealy
was going TO lick Walton at the festival
which was in Nov.
Elmer Graf, sworn-Know John Dodge,
saw him at mill, heard what he said, said
he came up to the mill for the boys to
come down TO the festival, AL. Mealy was
going to lick Ed. Walton. l went to the
festival, saw Mealy and Dodge there, Wal
{ n was there, did not see them do any
thing, was present out doors, Dodge and
Mealy threw their coats and were talking
to Walton and Baker. Could not tel
| whether Walton had coat of or not, Baker
had his back on his shoulders.
| OOl. AnSleT, SWOrn-h9dly ana w aiIOI
, were in my store about weeks before the
shooting, they were both in there quarrel
ling when l came in, they wero talking
fight, Walton was sitting on the counter
. along side of desk, Mealy was standing
in front of desk wanting Walton to go out
and fight, ne wouldn't go, Walton didn'
, do anything, Mealy said he had a notion
TO lick him there, was behind the counte
and shook my head at them, they calleC
, each other liars, couldn't claim to givt
all they said.
Cross-ex.- Walton had knife, it wa
open, he was whiting, good sized pock
ct knife, had it open all the time.
Robert Cressey sworn-I was in Ans
ler's store night before accident, saw Wal
, , ton and Mealy there, heard no words, Wal
ton left store first staid there, after Wal
ton went out Mealy said "if he had hi
leather boots on he would kick the rib
, and CUTS out of Walton" / went to Rey
!, ner's store, Walton was there, l told hin
: what Mealy had said.
= Cross-ex.-JOe Baker heard me tell Wal
!, ton what Mealy had said, it was in the aft
= ernoOn, can't fix the time.
: Joseph Baker sworn-I was in Reyner'
store on afternoon preceding the accident
! saw Cressey there, saw him speak to Wal
ton and heard what he said TO him, hear
7 him tell Walton that Mealy said "if
had his boots on he would kick his ribs in.
: There was much more evidence take
o on both sides, bnt our space will not ad
: NIT the half of it. The foregoing cover
: about all the critical points, however, an
4 what we have omitted is only corrobora
. ton of that given.
+. JUDGE BROWNS CHARGE TO TIL
JURY.
I GENTLEMEN OF THE JURY -
/ need not say that the case we are calle
4 upon to investigate presents very sa
4 features. One young man, in YouthfT
4 manhood, has been deprived of life. An
4 other young man, also young and sta