Telegram-herald., 1889-10-04

whether az not he Was in hls right
Il nd mad knoNn hlm s long tme and
had UGsted han - the extent ct 500
without note or other security never
kheN 0f AIS b03ag IN Any T0Ns. thought
flim - he q steady, reilAnie farmer.
Cross-examined- Saw Sinclair and
slcox that n.ght al Nidolevlle taey
Were afool 10 fhe street, when 0osch
left that nght ai he SAID eas thai he
would set Tie dog on them. did nos
think there Wouid be any troutie nut
stlll Thought they had bosl he ou the
safe SIDE. never advised them Iq sgxS
shot guns On reyoivers with them.
objected 10 by Nr. STUART. sustained
10y the court.
Cross-eNsmined - Did not ex-
pect any serious trouble, thousht
hsearleg not very bright; Thought
Breariey Nas a fighter. Never saw l.m
arrested f0r assault aud battery, dld
not esteem hm dangerous man,
would mol be afraid Ga arrest him.
had always known oosch g. bo a quiet
peaoeahlr citizen.
ko-duccl quest onng was objected
20 by Mr. Fairneld who thought tae
nr0secut-pn could Eog adopt his tactics.
he beng ol the defense. lle thought
the questions leading. Both Nh Falr-
held and Mr. knappen goi into h.t ~
o iangle. " hen Il Was SRA lehtened uat
the witness proceeded IA answer to Mr.
knappen.
Regarded Brearley a. q dangerous
man IN matter IN which he has deter
mined not 10 submit.
CrOsS-examned Knew him 20 he ~
8 quarrelsOme disposition as a nst nghi-
er; never knew OF his shooting any
one OF never heard of his shooting auy
one. knew he carried Il revolver az Ae
bought cartridges Of Ue, a. far as 4
am concerned / was not afraid Of hliu.
e-dlrect-brearley Was not present
st the conversation | had with 6osch.
Hartley J.. Henauek sworn LRDa
ia Mlddleyllie about fourteen years an
lawyer; know 6osch and BrearIy
and Wm. e.. otto; remember hearing
of the shooting OF Daniel Sinclair;
saw GOsch and Brearley the day before
AZ GOschs farm; went there with
otto heard little OF tie converse
ton between Gosch and otto At Mr.
Andersons =. heard Mr.. otto saying 10
GOsch that he had heard that lac, G0sch,
had been accused OF stealing wheat;
Gosch SAID there was nothing 10 i. then
returned 10 GOsch house and pre-
pared the mortgage for NJ. and Mrs.
GOsch 10 sign 10 satisfy Mr. ottos
claim; then heard MT. otto say - Go-cb
that hc, GOsch, could not aff0Id q tax
that way; OOsCh SAID that be had done
nothing and that they mus let iim
alone; heard Gosch say, =" BY j, they
want 10 let me alone. there can't 10
man take me; II fight my own battle
Otto and Gosch went down 10 the field
and Otto urged Gosch not 20 talk that
way: Just before we left Mr.. Gosch SAID
that no man could take him alive; did
not hear all the conversation; Mrs.
GOsch cried and said that sho had been
trying all summer 20 get Emil b turn
Brearley away, az she could see That las
influence was not good; GOsch SAID
nothing.
CrOss-examined-Hav been a lawyer
since 's3; did not 90 down with Otto 10
bulldoze GOsch into giving Otto security
for ms money; did not 50 testify al the
preliminary examination.
Re-dIrect--Have not been trying 70
forget what was said at the house, nor
have / been trying 10 remember.
CrOss-examned--Hav been trying 10
remember II only enough 10 tell Il as 4
was.
Isaac NJ. Starr sworn-Live IN Md
dleville; work on the road selling bug
gies; was IN the employ OF onto until
September 6: know GOsCh and
Brearley; they bought some hardware
of Otto during the summer; they
did not buy ammunition Of otto that !
knew; did not know they had rcv0l-
yer: saw them drive up 10 the store and
call ont Mr.. otto to talk 70 them. Brear-
ley got out of the buggy; ! stood 0n the
sidewalk; heard G0sch say 10 SIR. otto
that II any one went 10 arrest them
they would set the dog on them and
club them; heard Mr. Otto say that
that would be much better than what
they had said before; Brcarley was IN
the store.
At this point one Of the jurors asked
witness if he saw anything OF a gun ia
the back of the buggy. The witness
said that he did not.
Re-direct-Tbcre might have been.
Objected 10 by Mr.. Fairfield. Over
ruled. and Mr.. FAIRFIELD noted an ex-
ception.
Witness-Don't think / would.
Jacob Osmun sworn-Ilve in Nash
vile; am deputy sheriff of Barry
county; saw GOsch beside the
road in Baltimore township on the sun
day following the shooting; Dunham
was with me: tiosch was alone: took
him IN custody and searched him,
found a revolver on hIm and two boxes
of cartridges; the revolver was a rim
fire; took GOsch 10 Hastings and
turned hlm over TO the sheriff of Barry
county.
Cross-e1amined-The revolver was
loaded in every chamber with rim fire,
one of the chambers was loaded with
a central FIRE cartridge.
The witness wes excused from further
attendance and the court adjourned.