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nRID^Y, NOV. 15,1872.nsro 3 LTHE CIRCUIT COURT.The Strafe Trial—Fall Report of Testimony—His Conviction and Sentence—Other Causes Disposed of-Adjourned Term.State of Indiana vs. John Strate; assault with intent to murder; mo tion by defendant to quash each count In the indictment; motion overruled; defendant arraigned; plea, not guilty. The following is a list of thejurorsio the case: Henry Biliman, Abraham Brandy berry, Justus Kelly, Jo seph Spuller, R. B. Allison, William Sipes, Adam C. Ford, Mark Asp)’, J.C. Ceefer, Ashley Mann, Frederick Blakey, and Conrad Brake.Tbo State subpoenaed twenty-five witnesses and the defence forty-six. The following is all the testimony of any importance that was elicited upon the trial of the cause.TESTIMONY OF FRED RICHARDS, PROSECUTING WITNESSAm acquainted with John Strait; I was going down to a place where he bad a well, for some water, on the 21st of October, 1871, I saw no per* son, but heard some one halloo -'shoot him/’ and was about three feet from the well, when Strate arose from behind a log and some weeds shot me, just as I was turning around, the ball entering two inches to the left of the umbilical chord and ranged downward and to the right lodging in my hip. I lived the distance across forty acres of land from Strate’s house, I had a boiler with me; defendants house was about forty yards from the well, in plain view. I first saw him jumping up from behind a log when I was twelve feet from the well: the log was about twentv from the well; there was no person /with me at the well. Just as she ™ [Strate’s wife] spoke I turned around and saw him he shot; had a revolver In bk riftftthan This occurred a-j bout opWhalf holr before sundown. kThe lag.Ja? wra -the top’ end the nearest to the well, was about one and one half feet in diameter; was weeds and briars around the log. Most of the weeds were on the side next to me, Strate did not speak, I spoke and said ‘‘John you have shot me,” and he said “G—d—n you I will kill von” and cocked his reVolver again, defendant lived on George Hendrick’s place. We are brothers-in law My brothers wife met me on my way home, I walked about half the way, then crawled about fifty yards thought I was going 16 die.Did not see defendant afterwards, was confined to my bed four weeks; Dr. C. L. Curtis attended me.The last I saw of defendant he ste ped over the log after he shot me, could not say that I saw the revolver at that time. This occurred in Adams county, Indiana. There was just one shot fired; did not see flash but heard the report.CROSS EXAMINATIONI went to the well, passed 30 or 40 yards from the house; was not paying much attention as I was going along. There is two paths, one to the well and one across the road. The well is south, or nearly so from Strate’s house. About 50 yard snorth of the house there i9 a path leading to James Barnetts; also a wagon road, I followed the path when going to the well, part of the way, I left the path where it branches 25 or 30 yards from the house, and was then going east. From the junction of the two paths to the well was about 30 feet, had gone about one half the distance when I saw Strate. When I first saw him the well was east of me, or I think more south than east, I was nearly between the house and well. The log is north east of the well There was another log larger 30 or 40 rods from the well, the top pointing west, cannot tell whether the path from the house crossed the log or not. The log lay north west of the well and right north was toward the house. When Strate arose I was almost 20 feet from the log; I was going south and was 12 or 13 feet from the well. The log was abont 20 feet long, perhaps mors and layinearly east and west. I was further south than the top of the log, was as far south as the but end of the log, and the log lay partly between me and the house; I was partly between the log and the well, Strate was abont 12 feet from but end of the log; there was some weeds but not so awful thick. Strate’s head was toward the top of the tree, I heard some person halloo shoot, but can’t say who; thought it was Strate’s wife. She was out but said or done nothing that I saw. As I was going home, passed near her but did not speak, I saw no person, at the time of the shooting. As Strate arose he shot; he was a-bout 20 feet off. I never said he was 30 yard's off, I measured the distance Inst week and know it was 20 feet. I was south of the log a little when be shot, and he stepped right over the log with his right foot into the briars, I saw him cock the pistol the last time, bnt not the first. From the well the path north of the house is not in view, and could not see any one coming until they passed the house coming south.I am accquainted with Juothan Burkhead. Did you not tell him one or two days after the shooting, nt your house, that Strate drew the pistol on you and you did not believe he would shoot and you advanced upon him ?I did not.Did yon not tell Burkhead 1 or 2 days after the shooting, that Strate drew a revolver and you advanced upon him, and did not think he would shoot ?I did not; I did not talk to him. Did you not tell Martha Johnson that Strate arose up from behind the log you advanced upon him and didnot think be would shoot?•No. Simply told her that a barking dog would not bite.I was going south and turned a-round when he shot me, he being north of me. Don’t tlfink I told f’er. ry Andrews that I made a step just as he shot me. Strate and I had u little difficulty at Perry Andrew’s, when Strate threw a bucket at me. I took him by the throat threw him, I had no particular ill will toward him, I was in town that daj\Did you tell P. P. Andrews that day in town that you was going home and then to Strate’s, and if he had filled up that well he had better have his coffin ready, as you were going to bury him in a watery coffin?Did not tell him in that way, I had no bad feeling toward Strate. I did shove up my sieves, perhaps, when Strate was coming, as I have a fashion of doing. I did not show Perry S. Johnson the place where I was going to whip Strate, when we were on the road viewing some work. I told Joseph Buxton and the Everharts that Strata's pistol snapped and that if he came at me with it I would take it away from him and put it In my pocket. I did not tell Aaron Odle that I would whip Strate tbo first opportunity ; and I did not tell Odle that I had watched the road for Strate to whip him I did not tell Gabriel Strate, that I was going to thrash Strate, even in hi9 own house, the first chance I got. Don’t think I talked with Samuel Burkhead, and did not tell him that I was going home and if Strate had filled up the well that I would make him a watery coffin and bury him in the well. I did not take down may gun and draw ram rod and put it in the gun near Jas. Barnett’s residence, to let them know how big a load was in it. Did not cut any cane in Strate’s patch with a shovel; Starte pid not notify me to stay off bis premises. He ordered me out one day when he had a hoe in his hand.ftc«RE-EXAMINEDThe tree when cut fell with top west a little north-west, The but of the tree was about 25 feet north-west of the well, Strate was on the sido of the log from the well; I had no water on my land. Strate knew I was Supervisor and I went there to warn him to work on the road; he had a hoe which he picked up and said he would knock my G—d d-m brains outif I did not go ont of there. I Mid all right John, I have authority to be bare this time. 1 do not recollect to have made any statement to Sam Bark head on the day of shooting. I did not mention burying that day to any person.TESTIMONY OF P*. C. I* CURTIS.I am a physician; was called to see Richards, Oct. 21, 1872. I examined his wound; found the bell had entered 1^ inches to the left of the umbiliical chord. I did not probe the wound, reaction had set in; thepulse was 90 to 95. The ball did notpenetrate the intestines or important blood vessels; lodged in the muscles of the back. The day after the shooting he had considerable fever, but soon felt better and at the 8th or 9th visit I discharged him. It was a gunshot wound ; was a very small hole with ragged edges; afterward I no-ticed the hole in hi9 pants, at the band, it was very small.Cross-examined : The ball passed obliquely, Richards said ho stood edgewnysf showed the position)when shot. Where the ball lodged was only a supposition with me.JNO. CARPENTERS TESTIMONY-Am acquainted with Strate and Richards. Had a conversation withStrate since the shooting. Ho told me he got the gun from Hendricks and went homo and that he and Hendricks took a spade and filled up the well; that he got the gun to kill two-legged deer.Cross-examined: This conversation took place in town after the shooting. Strate said he took the gun to guard them while filling op the hole. The hole was filled Thursday prior to the shooting.AARON ODLE’S TESTIMONY.Strate did not get his revolver from me. Strate told me it was my re volver he did the shootiug with ; was a five chambered pistol I found therevolver in possession of C. M. France.Cross-examined: Strate in thisconversation told me that Richards came up to him, crowded on him, when he told him to stand back, and if he did not he would shoot hi ml Richards crowded on him when he fired. Richards was about six feet distant when he fired.Rc-direct: The conversation spoken of occurred some two weeks af- ,ter the shooting. 4- 1PERRY C. JOHNSON'S TESTIMONY.Strate told me if it had not been for his wife he would have shot the s. of a b. the second time. Others were present He was joking about it; don’t know how the conversation commenced.FOR THE DEFENCE—TESTIMONY OF ME-8HAC HENDRICKS.Was at Richards’ house Mondayafter the shooting; had a conversation with Richards, who said he was going down to the well for water, and saw Mrs. Strate, but did not see Strate; thought he was not at home. Strate arose out of the weeds and told him not to come any further, but he went ahead, when Strate fired.JONATHAN BURKHEADS’S TESTIMONY.I was at Richards’ house soon after the shooting. Richards told me that he went to the well for water and that Strate drew a revoUer, told him to stand back, and if he thought he would have shot he would have been a fool to rush upon him.Cross-examined by State: I was setting about two feet from Richards; he spoke distinctly so that I could understand him. Think ho said Strate was between the well and house in the cabbage patch; said he did not think Strate would shoot. I thinkRichards knew he had a revolver be-•fore the shooting. He said nothing abont Strate being in the weeds; said he was approaching when John told him to stand back, but that he rushed upon him*AARON ODLE'9 TESTIMONY.I went over with Richards to Johnson’s at the time of the difficulty with Strate. Do not remember what was said. Saw Strate throw something at Richards; they came together, when Richards threw him down and choked him; when they arose I was about 6 feet from them. Richards said he would like to have revenge. Whilo on our way to Johnson’s Richards said lie was going to whip Strate the first opportunity. Richards said Strate had lied on him and he was going to whip him. I told Strata that Richards was going to whip him; think I told him more than once, and before the shooting; I saw Bioharda [Continued on 4th page.] ’
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Decatur Eagle
Decatur, Indiana, US
Fri, Nov 15, 1872
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OH, USA 17 Feb 2019
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