Bridgeton pioneer., 1889-01-10

the house; Joseph said he had a gun
which would shoot further than Sey-
mour's revolver, and he went upstairs
and got it, Thos. Berry knocked the
cap off the gun and Spencer went up
stairs and got another cap witness be-
came frightened and ran out of the
house;Spencer came out with the gun
and told her to stop or he would shoot
her; she stopped and said mo you
won't" and just then he shot, the shot
hitting her in the leg below the knee,
in consequence of this her leg had to
be amputated. Spencer and Seymour
were drunk at the time, and Spencer
had razor. Lawyer Cook being un-
able to be present, Walter H. Bacon,
Esq, conducted the defence.
Thos. Berry called; testified to the
same that Mary had testified to. John
Dean didn't know anything about the
shooting and Clara Price was called.
but she didn't know anything either
and the State rested.
The Jury came in in the case of
Joseph Barber rendering a verdict of
guilty.
The defence was denial of any in
tent to do injury. but that the shoot
ing was accidental. Joseph Spencer
sworn, said that when he came down
with the gun Thos Berry took the cap
Off the gun; he did not get another
cap, there was no other cap about the
house; he went out of doors with the
gun; the hammer of the gun was raised
and he attempted to lower the hammer
when the gun went off just as Mary
Williams crossed before it. He did not
use the words Stop, orI'll shoot YOU
The gun was an army musket. He de-
clared that he had no razor-never had
a razor since about 10 years ago. Was
not drunk, but had been drinking.
Had no thought of shooting the girl;
paid all the girls doctor bills up to the
time of his arrest. The gun went off
accidentally as he was letting the
hammer down. Had been convicted
and sent to State Prison from this
Court for shooting Bob Gould.
Lauaa Spencer, his sister was called.
but her testimony didn't help his case
bit.
John Dean was recalled and swore
that the gun was his, and that there
were no caps about the house except
ing the one which was on the gun.
The gnn would go off without a cap if
there was enough "brimstonen on the
tube.
DR.. Thomas Stathem sworn, said
that he had attended the girl and de-
tailed the circumstances of the ampu-
tation and also Mary's statements ex-
onerating Spencer from any intention
al shooting. This statement she reit-
Grated when she had every reason to
believe that death might result from
the operation
Mrs. Mary Mccullough testified to
the same facts.
With this the defence rested, after
the summing up Court adjourned.
TUESDAY AFTERNOON,
Judge Reed charged the jury briefly
He stated that If the defendant
pointed the gun at the girl without
any intention OF shooting, with the
words Stop, or I'll shoot you" and
the gun went off, as it did, then he
was guilty or an assault an battery"
L the jury did not believe that there
was any intent for the gun to be fired,
and if it was the result of an accident
entirely, then there might be no GRIM
inality in the act. The jury retired
soon after two o'clock.
The trial of Walter P. Hay, for
breaking and entering, and stealing,
from the residence of Harris Ogden, in
Fairfield township, was immediately
commenced. A jury was impaneled
with some difficulty, there being a
number of challenges on both sides. J.
L. VanSyckel conducted the defense.
The indictment included George H.
Brady, who had pleaded guilty, but
Hay entered plea of not guilty.
Harris Ogden first took the stand,
said he lived in Fairfield township,
Walter P. Hayes and George H. Brady
had been in his employ. He discharged
Brady and paid him off November 22d,
last. On the morning of Nov. gath, he
discovered that his house had been en-
tered and robbed of fine brown over
coat, 5 dress coats, fine boots, fur cap,
hat, 5 dress shirts, a pearl-handled
knife and other articles. On that
morning he arose early-in fact, he
got up at eleven o'clock to call Walter
Hay TO milk the cows, he went back
to bed and got up again at 13O o'clock
to see to cooling off the milk-he hav-
ing dairy farm; he got up again
early in the morning, and his wife,
who had pOtn nm in aIvanaa L;,x,