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THE DECATUR EAGLE.OFFICIAL PAPKE OF THE COUNTY.DECATUR. INDIANA.Friday,jFortmber 15, 18TO.Circuit Co art Proceedings.(Concluded from 1st page.) push up his sleeves. I told Strate not to go down there, if he did there would be trouble. Strate went around him by a road that leads around the place where Richards was. Richards was 20 steps from the house when he shoved up his sleeves; Strate was in the yard in plain view. 1 was behind him when he shoved up his sleeves, and was about 20 steps from Strate. Richards went on while Iwent up to Strate, and told him not to go down there, for he would get into a fu.S9. Strate sent word to Richards by me that he wanted him to keep oft' of his place; I told Richards, who said he was going through that night. Richards said if he passed Strate again and he looked at him again as he had and did not speak he would knock him down. I told this to Strate before the shooting.Cross-examined: Richards saidhe went through the field and met John and he looked like a bull and did not speak, and the next time he did it he would knock him down. Iheard the shot fired. I first saw Richards a little past the house going towards home. The cabbage patch was on the east side of the path and north of the log. I think the log lay east and west. There were weeds on the south side of the log and east of path; don't know how high they are; not thick at all around the well. I believe I heard Mr. Phillip Bollinger say he would not believe Richards on oath, but am not certain, and will not name any person that I heard say his character for truth was bad, because I could not speak positively.Re direct: I mean when I say that Richards has many enemies that there are many who will not associate with him.JOSHUA BURKHEADAm accquainted with Richards character in the neighborhood for tiuth and veracity. It is bad.Cross ex : So far as truth is concerned do not know. Did not understand the question with reference totruth.Rc examined by defence : His generul reputation as to moral character is bad.Re-examined by state; To be amoral man he should not drink whisky, lie, cheat, steal, etc. Haveheard Samuel Merry man, P. C. Bol-linsror, Pcrrv P. Andrews, James Barnett. Pory I* Johnson, and Joseph Johnson sav he was a bad man. ICross-examined: Live 4 miles from Richards. Have talked much with Richards neighbors about his character ; perhaps a dozen or two. Burk-head, Bollinger and the Merrymans who lived close to him speak hard of him ; talked with the Johnsons abouthim. Have also talked with the nei^h-0bors about Strate’s cliarccter for peace, etc. If the neighbors tell the truth Richards is destitute of the anything like a moral character, and I know two or three of his neighbors who are now carrying revolvers to defend the mselves against bis attacks, I heard one of his neighbors say he would 6teal; industrious but they eay will not pay his debts. I have not interested myself on either side of the case. Did not know what I was subpoenaed ; Studal a'cer spoke to me about it since I came come into the room. Do not know the woman’s name, but saw her at the jailor'shouse. She said if that shot hadkilled Richards there would not be so ranch meat stolen in the country'. Hername is Belldon’t know herghen j name. She lives about 2i miles from Richards.person 6aid so; never saw anything ffrng myself.«HIius Marchion testified Richards general moral character was good; that he will not quarred with his neighbors.John Carpenter testified Richards general moral character was good.Nathan Young testified that he proposed to Strate to settle with Richards; but he refused. Witiness urged Richards was a stouter man than the defendant and he could not fight him ; Strate said he would not settle the difficulty or take back anything he had 6aid and that he was prepared to fight. Richards reputation for truth and veracity is good ; also his general moral character, if I understand the term.Cross examined when I speak of bis general moral character in his dealings with his neighbors ; further I know nothing Re-direct: He is hon est, does not pry much into his neighbors business.Nelsc and cShiGilbementSh:MauljudgiShClvmvs. dJodennvs. ddostSt:man to qu over ant; plea ed tlt; jour:MandcomWm. Merry man testified Richards ; lendgeneral moral character was good.Cross-examined: I consider liirnhad my washing part of the time at Richards’ and part of the time at! ],ave heard him spoken of more sinceStrate's. I know I did not tell Strate this after the shooting. I told Richards that Strate said he had a venereal disease. Richards said it was a lie and that he would whip him for it.MRS. i.i pi a barxett's testimony. ;Our house and Strate’s were so close together that I could distinctly ,hear what was said from one to the !►other. The well is southeast from j the house. I used water from the same well. I heard the shot fired. I was at the well a few moments before the shooting. Strate came to the house to borrow a shovel. When I got part way to the well I saw Rich ards a short distance from the house and Strate was at the house sitting on a log. I went to the house for my children. There was no weed9 north of the house. East of the well there was some weeds. There is but one log north of the well. 1 think the body of tbe log lay east and west across the path. Don’t think there was any weeds right at the log; some 3 or 5 feet off there were weeds on the 9outh and east sides of the log. There was a path leading from the bouse to the road but none branching off to the well. The well hadbeen dug but a few days before thethe shooting than beforeSAMUEL MERRY MAN S TESTIMONYAm accquainted with Richards general moral character. It is bad. Don’t know his character for truth.Cross-examined : Ilis moral character is bad. I have heard his neighbors speak of his morals. Have lived within a mile or two of him 2 or 3 years ago. I have known him to quar rel and run against persons on thehighway and jostle them from the road and other bad tricks.JOHN BURKHEAD’s TESTIMONYAm accquainted with Richards general moral character. It is ' not good.Cross-examined:, Have know Richards 4 or 5 years. When he is on good terms with his neighbors be is very good and bad to those he is out with.Re-direct: I have heard of him having'many fights and quarrels, and if he meets a man not able to combat him is abusive. Have heard that hefrequently gets intoxicated.berry p. Johnson’s testimonyStrate had my horse. When he brought it home he said lie would turn it into the field. Richards, whoPERRY P. ANDREWS TESTIFIESAm accquainted with Richards gen eral moral character; could not sav It is good. I had a conversation with him since the shooting. Strate’s character for peace and quietness as a general thing is good,Richards told me if Strate had filled up that hole or well he had better bespeaking for his coffin, for he would burry him, said he was going over to Strates.Cross- examined : Sam Burkhcad was present. I was standing before Crabbs store when lie came to me; I recollect it because when I heard of the shooting it all returned to my mind ; am taking no particular interest in tbe case; am one of Strates bail; could not be mistaken about the watery coffin. I think I understandwhat a mans general moral character means. It is the talk all through the neighborhood before and since the shooting; heard John Carpenter, John Richards, George Richards, Philip Bollinger, and James Barnett speaking of it. I have a good feeling toward Richards, so far as I know; we meet and talk.Redirect: He has had syvifusses with his neighbors , it is rcjj'fv-ted that he is a little to good with some women.was present then propscd to put his ■hooting; tbe well had went dry and horse out , tok, Stratc j k, .they dug it deeper and got water tcnd to the ll0rse_ Rjchards said ho Kicharda got no water from the well ' wou!d huut u-a CQWi Strate then star. unless it was done when none of us j M homc Hichard# foUowina and saw them. There was not enough I water for both families to use, and after the shooting but one family usedout of it. I heard Strate order Rich ards out and tell him to stay away from there ; heard him order him out. gaining on Strate. who turned around : and said to Richards, stand back or ; I will shoot you. I knew he had no I revolver. Strate then threw a brick-Ibat which went whizzing past me. Richards grabbed Strate by thetwice, and when Richards had tho ! thr0at and threw bim clown. Leyi and gun I was at home and heard them j j took bim oflf with eomc difficllity. plain. We were eating our supper and could see them until Fred cameMESHACU IIENDRICK S TESTIMONYI assisted Strate in filling up two down into the hollow. \\ hen I fust; holes on Strate’s place, Thursday be-saw them Fred was north of Strate s j fore t|ie shooting. One of Strate* s house at the fence. Strate came out j }i0g9 ha(j drowned in one of them, and ordered Richards to stay out of i Am accquainted with the generalSAM BURKHEAD S TESTIMONYThis witiness testified to the same facts in regards to Richards conversation at Decatur that P. P. Andrews did, and also testified his person mor al character was bad ; his general reputation for honesty is bad ; he is industrious and pays his debts. He has been rough an boisterous and this I think is why his reputation is morally had. I mean he is honest in his deal-as moral as people in general not belonging to church ; some bad qualities; swears, have heard of bis‘drinking, others say he will steal; never heard any person say his character was bad. Perry S., 1*. P., and Jos.Johnson sav ho is a man of truth;» rcould not suv 1 ever heard any person say lie hud a good character for truth; think I have; not positive; don't know* that I ever heard he would steal. I have stated from my own personal knowledge.Pcrrv I*. Johnson testified Rich-ards character for truth was good, and his moral character about as good as others.We have not the space to give an outline of the argument of the counsel in the case, or the charge of the7 oCourt. The jury retired and after abrief absence returned into ccurt with a verdict of guilty, and fixed the punishment at two years in the penitentiary. Pros. Att’v Daily, Heller France, and Newton Burwell for the State, and Messrs. Studabaker Quinn and Bobo Peterson for defence.State vs. James Yandemark; indictment; fornication; arraignment waived ; plea, not guilty; submitted to Caurt: motion to enter nolle pros-iquc 1A’ Prosecuting Attorney, and defendantant discharged acquit.Frcd\W. Bly et al vs. Samuel S. Iieppert; partiion; report of Commissioner confirmed.RyauceM. Buffenberger vs. Andrew J. Butfcnberger et al; partition ; report of Commissioners confirmed. State ex rel Stephen B. H. ShanksPlt;deniconsGleiJlt;andcomfendSILawmenKnerancidealantsansC Smi andi:Mciplai antrgcrfeii'Jforbee187acc7madue82:coimavs.SOIdel(vs. Samuel F. Iliatt et al; complaint Kamgs.there, when Richards said if you , m0ral character of Richards. It is,raise a rock or a pole you are a dead man. He set the gun down in thebad. His character for truth is not good,road and pulled the rammer and put j Cross-examined : Old Perry Anil in the gun and said something but j drews, Jas. Barnett and BollingciI did not understand him. I am acquainted with his character in the neighborhood for truth and it is not very good.•Cross-examined: In spring orsummer bcfoie tin* shooting had a little trouble with Richards. Don’tsaid it was not good; they think lie would not tell the truth and some would not belive him on his oath. I have no sympathy with either Richards or Strate and have taken no sides in their troubles. Don’t think I ever said I was afraid the shot would notlike him. My sympathies are with | kill Kicliards. I have had no trouble Strate. 1 hallooed alter Richards and ; with him: my boys have: he is intold him it was good for him ; that if - dustrious pays his debts so far as I he had .^taiil away lie would not have ; know; cannot say he is honest. Mr.got shot. 1 might have said it was a pity Strate did not kill him : if I did I meant it. I was scared when I heard the shot, because I heard that Mrs. Richards was over to Strates in the morning and raised a row and that she told Strate that when Richards came home from town she wouldsend him over, and when I heard the report of the pistol I was scared because I thought of the threat ot Mrs. Richards and of my children and it frightened me. I was rolling out some dough to make pic crust, whenStrate came to the house to borrowa shovel. I told him where to get it and before I got the crust done IWalton was one I heard sav be was nothoresl; heard P. P Andrews and Bollinger say his chrracler for truth w is not good before the shooting.Henry Hendricks testified Richards general moral character was bad.James Barnett testified to about the same facts and circumstances as his wite. with the exception that there was no testimony in regard to anypersons dificuity between him and Richards.T. w. ANDREW’S TESTIMONYAm accquainted with Richardsgenera! moral character; it is bad.Strate has al ways been a peaccble fellow.Gabriel Strate sworn-Two weeks before the shooting meet Richards; he said that he meet John and that he did not speak to him, and the next time he did so he would whip him it it was in his own yard.Cross examined I to d John this♦the same day.Wm Walten testified that Richardsgeneral moral character in some respects was good and in some bad.Perry P. Andrews testified that the general moral character ofRich’dsjwas bad ; that his character for truth was bad; heard Wra Barnett and Hendricks say so; heard of his fighting his neighborsJothan Crist testified his general moral character was bad and on cross-examination said that he had heard Henry Iteber Jno. Barnett— Andrews and Jos. Parrish say his character was bad. Edward LeBrun said lie would lie. Heard 5 of C other men say his character was bad;heard Philip Bo linger and Perry Andrews say the same: also the Harrow's.Richards recalled I said if Strate came at me with a pistol I would take it away’ from him and slap his jaws.Josheph Buxton recalled—Richards showed me a pistol; said he did not carry it to shoot Strate, but hisbitch ; said Strate had a pistol, but he was not afraid of it for it. would snap.REBUTTING TESTIMONY FOR STATELivi Johnson testified Richards general moral character and for truth and veracity was as good as the common run of men ; on cross examination said Perry P. Johnson said his moral character was good; no otheron official bond; change of venue from Jay county; by agree nent of parties ordered certified back to Jay county, upon payment of costs of change.Almira Hooper vs. Paul G. Hooper ct al; partition ; service and default of Jacob Hooper; answer of general denial by guardian ad litum; answer of general denial by Ames and Bot-lenberg; submitted to Court; finding and judgment of partition ; finding of indivisibility of property and ordered sold at private sale with notice; Bo. bo appointed Commissioner to make sale.Samuel Iledington vs. Sarah Hed-ington et al; partition ; answer of guardian ad litum filed; dismissed as to Robert and Keziah Malonee; sub-mitted to Court; finding and interlocutory judgment of partition ; Josiah Crawford, Geoige Frank, and John Young appointed Commissioners.Shacklcy Wheel Co. vs. James W. Hinebergcr et al; complaint on note; judgement 857 27.B. B. Cummings vs. Warren W. S. Butterfield; complaint to offset judgment: finding and judgment of offset to the amount of 884 10.George Schock vs. David II. and Mary C. Schock; foreclosure; ap-perrance of Studabaker Quiun for Mat v C. and a rule to answer as to her and default of David C.State of Indiana vs. Wfc. H. H. Briggs; araon ; indictment ignored by the grand jury’.Charle* Kelly vs. Thos. J. Kelly:complaint; continued.Michael Smith vs. Farmers and Mechanics Manufacturing Co., complaint on note; judgment for plaintiff for 8^53 30.Joseph Crabbs vs. Nathan Nird linger; complaint on note.; judgement for plaintiff for 881 43.Matthias Colchcu ct al vs. Isaac S.vs.iMeam1al;20picWfStiupBai sio to tOJ a ca ItoiofofW«bei the (2( pl a1ThInUtJai1theHanoi1II.forCoiOilthetheda]ancplamil1herherI
Newspaper Details
Decatur Eagle
Decatur, Indiana, US
Fri, Nov 15, 1872
Page 4
Full Page
Clipped by
Anonymous
OH, USA 17 Feb 2019
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