Bridgeton pioneer., 1902-10-30

Albert A. Cole testified that he saw
the mare on the morning after the
day On which she was abused and that
ne saw whip marks upon her.
Linford Brain said that he was
employed by Willis and Eastlack, the
llverymen, in May last, when the
horse is alleged to have been abused.
he saw about twenty five whip marks
upon the horse.
The State rested it's case and Law
yer Donnelly outlined the defence.
He said that Mr.. Tuthill did hire the
horse2on May 31st last. The horse
showed signs of being tired shortly
after leaving Bridgeton. The horse
finally stopped and the parties in the
wagon were compelled to get out of
the wagon and walk. That it was
three O'Clock in the afternoon before
the party reached it's destination. In
coming back in the evening the horse
stopped with the party directly upon
the railroad track at Haleyville. A
train was due and the horse would
not move. Defendant finally had to
unhitch the horse from the wagon
and back it off the track. 1t was
then that Mr.. Tuthill was compelled
to use the whip to save the horse from
getting run over by the train.
Mr.. Donnelly then proceeded to
prove his outlined defence by calling
witnesses
From Daily Pioneer, Friday, Oct. 24.l
Thursday Afternoon.
Mr.. Thomas Tuthill was sworn in
his own defense yesterday, in the case
OF the State against him for abusing
livery rig. He told of hiring team
from Mr.. George Willis on May 31st
last to take party to pick strawberries.
Witness told of the horse appearing
tired and that it stopped several times
and refused to go. At such times the
men folks would get out to walk.
The roads between Bridgeton and
Cedarville were good, below Cedar
vile the roads were sandy and here
the men folks also walked. Mr..
Tuthill said that it was quarter of
two O'Clock in the afternoon when he
got his party to Haleyville.
He then cared for the horse, fed the
animal and blanketed her About
four O'Clock, witness said he started
for home, having left the party at
Haleyvil1e. When be was crossing the
railroad tracks at Haleyville station,
the horse stopped directly on the
tracks. A man came up to him and
told him that q train was due and
that he had better get the horse off
the tracks. The horse was unhitched
from the wagon and the man assisted
him in getting the horse to move.
Witness said that it was then he ap-
piled the whip to the horse while the
man twisted the horse's tail. The
horse was barely gotten off the tracks
when the train came by. He after
wards got as far as Cedarville where
he took the horse to the livery stable
of John Duffield, and asked him to
look at the horse and see what was
the matter with it. Mr.. Duffield told
him that the horse was all right ex-
cept that it was tired Here the horse
was given some hay and water.
Mr.. Duffield was called and corrobo-
rated this part of Mr. Tuthill's testi-
mony. On cross examination witness
said there were no marks on the horse
indicating that it had been whipped,
when at his stable.
The jury retired at 10. 30 and the
Court proceeded to draw jury for
the trial of the case of State against
Moses, Wilbert and Albert Facemire,
charged with chicken stealing. Law
yer J. Ogden Burt acted as counsel
for the defendants.
Francis johnson, O. farmer in Deer
field township is the prosecuting wit
ness in the case and he was called to
the stand by the State. He told
where his farm was located and said
that on August 0th last he had "a
number of chickens stolen, about fifty
in number The chickens were traced
to the place of defendants, about
thirty of the fowls were recovered.
William Morrison, prisoner in the
county Jail was brought in to testify
on behalf of the State. Witness is
under arrest implicated with the
chicken thieving of the Facemires.
He testified that Moses. Wilbert and
William Facemire had gone out on the
evening of August 8th and came home
early next morning with large num-
ber of chickens.
Constable Lore testified to arresting
the three defendants and the finding
of thirty or more chickens in pen
on the place. The pen was hidden