St. Paul daily globe., 1892-06-14
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ON TRIAL FOR LIFE.
John II. Kossbach Before the Jury
for Killing James Gibbons

Tor KILLING James GIDDOnS.
John p. ROSsbach is on trial before
Judge Kerr and jury, upon an indlct-
ment charging murder in the third de-
gree, in that he slew James Gibbons
with az axe on April 81 last. But little
delay was occasioned in selecting
jury. Their names are:
Philip d. Youngman, Charles De Lacy,
Dewitt c. Smith. Watts n. Davis, George w.
Blood, Louis 5. Bigelow. Charles +. Whaley,
Walter k. Beckwith, Ralph (. Cobb; James
q. Alice, Robert Dole stephen j. Clark.
Mary Schierbbelling testified that the
men had Quarreled over a waterspOut
used to turn rain water into a barrel at
the house were both lived. The spout
belonged to Gibbons. He charged Ross
bach with ehopping the spout up. After
Quarreling while Rossbach walked
away. Gibbons followed, when he hit
Gibbons with an AK. The AK is of the
usual size. but has a handle that had
been split, and then sawed of about a
foot from the AK. The edge of the tool
is very dull and badly nicked. 1t was
used for splitting kindling, and Ross
bach was splitting kindling when the
unfortunate event was about TO be per-
petrated.
Officer j. &. Boutrat testified that he
heard 4 woman call to him to arrest
man he saw running along the street on
the night of April 81. He called TO the
man to stop or
He Would Shoot.
He followed the man, who he after
wards found to be RosSbach, in saloon
and arrested him. Rossbach said he
had struck Gibbons with an ak; that
there had been some words between
them before he struck him. The Off
Ger took him to the honse where both
lived. Gibbons was then sitting on a
chair with his head tied up. Gibbons
was asked If that was the man who
struck him, and gave all affirmative
answer. He also aSSented to his being
locked up.
Quite anumber of friends of both men
were in the court room. RCSSbach is a
yOungish man and has none of the APP
pearance that would indicate willful
destroyer of life. He wears an anxious
look, and doubtless is as sorry for the
unfortunate occurrence as any one
could be.
The physician who attended Gibbons
expressed the opinion that death was
caused by the rupture Of blood vessel
of'the brain. This rupture was caused
D1 Luz UfOh VII lllN ohulis NddoCo Wy q
violent vibration of the nerves within.
This theory was advanced in reply to
questions prOpounded by Mr.. Yelling
ton. The county attorney wanted to
know if an artery had not been rup-
tured. This question brought out a
prompt objection from Mr.. Wellington,
who said: "A blood vessel of the brain
has no connection with an artery at
tached to the skull" and that the
county attorney ought to know that
such question was misleading and i'm
proper. The court was amused, and
stated that he had no doubt MIR. Yelling
ton was right in his statement as to the
difference between blood vessel of the
brain and all artery to the skull. al
though the court would not have known
the distinction if he had not been so in.
formed. He conceded that MIR. Well
ington was better yersed in such mat
ters. but he could not see why the ques-
tion should not be answered.
The state will conclude its evidence
in chief this morning.