Indiana American, Volume 10, Number 19, Brookville, Franklin County, 12 May 1871 — Page 2

prim American C: H. BINGHAM, Editor.

- BKOOKVILLE- ; Friday -HoTPirg, Hay 12, 1871. Tlio Cheek-Harrison Murder Trial. The trial of McDonald Cheek for tbe nurder of his father-in law, Thomss Harrison,, on the 5th of last S eptember, is id progress U the Fra tklin Circuit Court Judge Ilanna presiding. The evidence i for the State occupied from Friday mornlog till Monday morning, and for the defense from Monday morning till Tuesday afternoon. On Wednesday morning Judge Ilolman commenced the argument for the prosecution and, will be followed by Thomas 15. Adams Etq. for the defense, Hon. Martin M Ray for the prosecution, and then Capt. John Schwar'z wiil cloee for the defense. The case will not probably j&to ihejary until Thursday. Bailey's trial comes next. As we do not wish to prejudge the caee, r try to raise a prrjudico against the prisoner, we will eimply lay before our readers the following brief synopsis of the testimony, pro and eun: Stephen Truelock testified to a conversation with Cheek in his barn about a Bcrape with a neighbor named Clark, in which be (Cheek) said, 'There is no use in Tom Harrison tryiug to get me out of that scrape; I'll pot live with my wife any longer than to get her money, and if be (Harrison) interferes 1 will kill him.' George M. Cheek, a relative of the defendant, testified to a conversation with Cheek two years ago last February, in which he said he wanted three or four hundred dollars out of Harrison that was coming to his wife; that there was a wocan in Wilmington, Delaware, who just euited him; that he would tend hu wile to lier father, and if he fooled with bini he would kill him. He also heard him say in Aurora, a short time before bis death, By (3 d, I'll tlow a bole through Tom Harrison that a dog can jump through.' Andrew J. Cheek, another relative, testifies that defendant told him in '07 or 68 that he was going to leave his wife; that Harrison was elected to take oare ot her, and if he fooled with him ho would kill kirn. George W. Roberta ewora that about ten days or two weeks aftor the marriage of defendant he boasted to him that he had got Jane at last, that bis programme was to seduce her sister Alice and her sister Elizabeth, take them back to old Tom Harrison and tell him they were iu a bad fix, and it would not be well for him to fool with him when he did take them back. Several others testified to defendant making similar threats. We will pass them to the next most iuiportaut witness. George Mentell testified to threats of violence. On the day of the homicide, on his way to Aurora, he met Mrs. McDonald Cheek on her way from Mrs. Thompson's to her fuher's. When b arrived in Aurora, after crossing the railroad track be met Mae Cheek. He (Mentcl!) re inonstrated with him on the course he was pursuing; told him that he had his wile in a bad 'tlx, that he had cut up her clothes, spent her money and turned her out into the world n&ktd, and he ought to be ashamed of himself. Defeudaut replied that she should not have left Thompson V; that she was going to ruu off with Clem, and he was going out there to attend to them or it. lie (Meulell) replied that he believed it to be a lie. Chek Said he had it iu black and white, producing two letters, witness, reaching, at-ked to 6ce them, but be snatched them back and rode off. The Ustimory of the next five win-ss-es connects the movemeuts of Check from Aurora to the lane whore the death of Mr. Harrison occurred. Mrs. .acd Miss Harrison's testialony merely describes tho pirting with the husband and father ou that fatal morning, and Cheek hallooing as he weut pas', 'Harrison's gone up. Doctor Kyle is the most important witness for the State. He describes very minutely the liUing. have not space for his evidence in full. He says ha met Mr. Harrison in his laue holti'iug his horse, he tied his horse to a stump oo the side of the road. Thay proceeded , back toward Harrison's house. They wentonty a very short distance when they saw Cheek and Bailey approaching and a buggy stand log across the road a little further beyond. "When they came up ha (Kyle) reached out hia hand and said, Mac, what n the natter?' Mao extended his left baud, keeping his right han d in his pocket, and said, I Lave come to kill that d d man, pointing to llarrucn. Harrison said, 'No, Me, you will not do that; what have I

done that you should kill me? Get in j rer!ieJ. 'Come up here. I still sat in the your buggy and go away.' At fhis time j u.?y heard very angry words passing they were so close that Man pushed him j between themj beard Harrison make ua of vrltU his left forearm? pulled oat his pistoM lhe wor(? & coward 'd d s n of with his right and firad. After a Blight h h. I looked back and down the road pacso he fired two more shots ia quick aai 8w another man standing there holdauccession, then stepped aside a few feet, '"g hia horse Mr. Harrison below him Crouched, and running toward deceased, j aFieee auJ Mac further on. I then walkfired the fourth tho which, from the j ei tsards them. Harrison appeared to position of the mutdored tain, ssrjst have i e p'r''ting at Cheek, and Cheek backing

been tho one that entered back cf the

right ear, and struck the t ku!t, glancing j cur hatiJ- think Harrison had a knife toward the temple, and breaking tho ball j 'u hand. I heard three shot9 fired, in three pe-esi Two of tn rV.ts wprej0 Kyle said to ma, 'Why don't you go f'fMfSirilj fatal tod probilly the third. dwn there?' Ma was trying to get away.

Dr. Henry W. Johnsonwaa called in on tbe day of the homicide about 2 o'clock. Mr. Harmon was then dead. An examination of the body was made. He discovered four gun or pistol shot wounds the firet between seventh and and eighth ribs on the left side tho second in the right breast between second and third ribs, the third though the shoulder, and the fourth through the upper portion of the right ear passing upward and forward and lodging in the temple, the ball

breaking into three teoes. Two of these wounds were fatal namely, the one first and second, and the fourth might have produced M death. We select the following testimony of two witnesses for the State as being important: John stitt cross-examined. Qucbtion by CapL Schwartz A short time after the shooting of Harrison do you remember meeting Strawder Cheek in Aurora, ana he asking you, 'did you ever hear Mac make threats about 6hootiog Harrison?" and yod answering, 'no' by G dl I never did. Answer no. JAMES GORDON. Question by Schwartz Do you remember meeting Strawder Cheek on Second street in tbe city of Aurora within a few days or a short time af:er the continuance of this case at the last term of the Brookville Circuit Court, and telling him that Mac said to you, If Thomas Harrison docs not quit interfering between me and my wife 1 will make him chaw lead?' Answer No, sir. This is all the spaca we have for the ev idence for the prosecution. We present the following for the defense: strawder cueek, (half brother to defendant ) Qicstlon by Sou wart Mr. Cheek, atata whether or not Johu Stilt, ia a conversation had with you in the city of Aurora, a few days or shortly after the shooting of Thomas Harrison, when you asked him whether he had heard M'Docald Cheek make any threats to kill Thomas Harrison at any time or anywhere, he answered, 'no by G d, 1 never did.' Answer Yes. Question State whether or not James Gordon said to you, on Second street in the city of Aurora, within a few days or a short time after the continuance of this case at the last term of this Court, that Mac said to bim, 'If Tom Harrison does not quit interfertog between me and my wife, I'll make him chaw lead,' Answer Yes, he did. The witness Stitt testified in the direct examination that he heard Cheek threaten Harrison's life. The defense introduced several witnesses, to each of whom they propounded a question, of which the following is a fair gainple, except as to time each one came nearer to the date of the homicide. Question State whether or not on Saturday, 3d of Sept., 1870, you had any conversation with Dillard Clem in reference to your getting Hradiey's horse and spring wagon and going with it to Wilmington to get Jane Cheek, wifj of Mac Cheek, and her-trunk, and taking them to Elizabethtown, iu Ohio, and puling them aboard the ear.-; and if so, state all Dillard Clem said to you concerning the matter on that occasion . The other questions differed from this only eo far us Mr. Harrison was represented asencouraging the eiopetueut of Cheek's wife with Clem, and offijr to furnish money for that purpose. Counsel for the State ohj ected on the grounds that it was irrelevant, immaterial aud iucoiupotent, and bsoiuie a conversation between the murdered inia and another would not bo proper evideace. The defense propjses to prove a conspiracy ou the pirt of deceased and Clem to abJ'jet his wife not to mitigate the homicide, but to show that defendant went towirds Harrisoa's homa a he believed to prjssnt tlu elopunit of his wife with Cleai, and with hostile in cut agtinst CI .-m, not Harrison. That lii3 mcet-ing with iliirisoa ws azcileral, an I thtt llrtion"s death wa the result of an aU tercation which ensued. The Court sintainal tha objjetiont offered by the Stat.?. Oiiser T. Bailey was next introduced. This witness, presence caused quite a flutter. He testified substantially as follows: I don't know Mr. Harrison. When we were going up the road where we met the man who was killed, both parties halted when about ten paces from each other. Cheek left the bupjfy and approached Harrison, holding a piper in his hand. They talked some time. I heard Mo say 'I can show more than that meaning the pper or letter. Harrison sail 'wlut if you can? Harrison drove down towards where 1 was Cbeek iu the rear of hia buggy. I pulled ne side to let him pass. A little while afier he passed 1 heard him hallow, Lome down here; than agaia, 'Come down here, and I will aeUie with you.' Cheel llwn lt hill and trying to get ground to j

Mr. Harrison made a lunge at him just af

ter he fired the fourth shot. On cross examination witness said that he did not go to Harrison's assistance be cause he didn't think he was hurt much; that he (Harrison) had his friend with him, and he did not think it was any of his business. Furthermore, that he went with Cheek at his invitation; did not know where he was going, and did not consider that he (Bailey) fled. He denied passing Harrison's house and Cheek hallooing Harrison's gone up.' Ip short, bis testimony was a direct contraaiction of Dr. Kyle's evidence as to the altercation in the lane and the conversation between the parties. The defense offered such testimony as would leave the impression on the minds of the jurorB and bystanders that deceased had conspired with Clem to give him mm"! assistance to clone with the wife V" J of the defendant. Most of this testimony was ruled out. The State, on the other hand, produced a witness, (Mrs. Thompson,) by whom they proposed to prove that defendant did, on the 31 of Ssptembsr, 1871, force his wife (with a pistol presented to her head,) to write a letter to her father which would serve his purpose to make it appear that such canspiracy existed, when in fact it did not. They further offered to produce the letter written by deceased on the evening preceding the murder, in answer to the one which his daughter wrote un der compulsion, which would entirely clear him from the imputation of con spirms witn tjiem ana ner to assist, mem . . ... (1 . . . i in eloping. All of which was ruled out by the Court as being inadmisaable. The following is a copy of the letter Sept. 4th, 1871. Mrs. Jennie Cheek, Respected Daughter: I received a letter from you this morning. I was very much surprised to think that you would write such a letter to ms since our talk yesterday. I cannot consent to take vou home, and I want - r you to stay where you are uatil some oth er arrangement is made, and to quit talk ing about Mac, or live with him, one of the two. I hope you will be more careru in the future. Harrison. As it regards the Clem3. my advice is to ... - - , let them alone. Silas Kellv testified. Oa the night of 5th of Sept. I met Bailey on his way from Aurora to Lawrenceburgh in charge of the deputy marshal. He said to me, 'M'Don aid Cheek has got me in a d d bad scrape,' I asked him why he went, and he replied, lac asked me to go to the coun try to Eee some gay and festive girls. sat on tbe bank and saw him shoot Harri eon four times, but took no part in it.' Omar Bailey was recalled and testified that no such conversation took place. He also testified that he did not see David Thompson (a lad 11 years of age,) in his mother's yard on the morning of the horn ocide. when the following conversation took place between him (Bailey) an Cheek: Bailey said, producing a pistol 'This is a sure shot' Mao replied. 'This is as sure,' producing another pistol. David Thompson was recalled, and idea tified Bailey as. being the man. Mrs. Thompson was recalled, and testi fied to seeDg Cheek and Bailey etandin with her son David (the last witness) in her front yard on tint morning, Several witnesses ware called to impeach the evidence of Joseph Mondary. They all testified about as follows: Trior to 1SG6 the general character of JotepJ Mondary was bid. Ha was put in the penitentiary for the grand larceny of two cows. Since he came out, have known nothing bad of him; do not consider his character goodHrri?on Small testified: I have known Mr. lisitey ever sine; he was a small boy. Prior to the s'lootiug f Mr. Harrison his character was bad, and his character is bad now. By Schwartz Was hj inc'iaed to riot, drink, knock men d own, &c; nothitg Answer There was more eiid aboat hitu than tht. He was was in Ltwreocebjrirli iail for knocking down a man with braa knucki. lie was what I would call !a roujzh. Several witnasses were examined on this point, who teitifijl ia substancs as the last witness. Here the evidence closed. The Indiana editors hold their State Convention at Indianapolis on the ISth inst. A petition in bankruptcy was filed last week in the United States Court at Indianapolis, against the Indianapolis, Cincinnati & Lafayette lliiiroid Company by creditors representing a large portion of he fl eating debt. School Examiner. Teachers and other friaa is of education will b?ar in mind that a re-appointtnan t of Examiners ia to be made at the Jane session of tb8 Commissioners Court. It is ritght to eay these should be good men, the very best available in the respective couaties. All know this who. know anvlhmi of the Examiner a duties, and of his potential influence on the eohoola of his county. We have some most excellent Examin ers in the State, but we have some of another class. Let the friends of edacacation loot vigilantly and earnestly after the matter. As a rule, practical teachers snouid be examiners. This cannot in all cases be effected; but when possible, let it be done; and. when net, then secure 6ome ! man who has a heart in the work, not a man wna takes the omse merely as a means of extending his acquaintance throughout the county, thus subordinating the work to his own professional or rerjsonal iu teres t Connersville Examiner.

, For the American. Mr. Editor, Sir: We would like to inform tbe Blooming Grove correspondent of his extraordinary ability to compose,

that he may not grow discouraged, and cease to bless us with bis interesting accounts of his birth place Bloomiog Grove and, to him, the Garden of Eden. He is certainly a very prolix writer, for be informs us of a great many minor facts that other writers, less minute, would fail to do; and 1 am sure that ere long his fame as a composer will not find its bounds within the United States, much less Bloomiog Grove. He makes known to us the fact of the existence of a String Band; he tells us that John Miller's horse is lame in his left ear; He relates tbe very interesting circumstance of T. I. Powers having increased the feed of his fast going horse, from ten to twelve ears-of corn. Now this is strange! Suffice to say, though. all his writings are facts stranger than fic tion. Long live J. C. W. to bless the whole world with the elegant productions of his pen. , Tlie I., C. & Ij. K. It. Speoial Dispatch to the Cincinnati Gazette. Indianapolis, May 5. This afternoon Joel R. Uiehardson, Eri Richardson and Zt'phauia Huestis, by their attorneys, Henry Crawford and Divid T. Wright, filed a patition in the Clerk's office of she United Spates Court praying ttrat the lndianaoolis, Cincinnati & Lafayette Railroad may. be adjudged bankrupt. In support ot the petition which is very lengthy, the petitioning ored itor filed affidavits showing that a uote given by the company in favor of J, F Richard son for the sum of &i,0bl 8. duo in sixty days, dated September 6, 1S70, remains unpaid: that notes and accounts of fjn Aichardson, to the amount of S3,516 27, are not aae ana unp-itd; tn;it a note in favor of II. C. Lord and indorsed to Zph Huestis, payable to the company, is still unpaid, and that the note was protested for nonpayment on the 19ihoflast December The deposition of W. W.Smith, of Riverside, Ohio, accompanies the petition, in which be says he is now and for the past four years has been a Director of the Indianapolis, Cincinnati & Lafayette Railroad Company, and is fiiniliar with the business and affairs of said corporation. He recites the consolidation of the Indiatiapoiis & Cincinnati Railroad and the Lifayette & Indianapolis Railroad; the lease of the Cincinnati & Indiana Railroad; the fact that tha company has been engaged in the manufacture of cars and other arti cles of use on railroads; the appointment of T. A. Morris and W. T. Boiz as receive! s of the company; that on the 17th day of November, 1870, and for twenty days previous, the company was insolvent, and unable to pay its debts in the due course of business, and the fact that a considerable amount of its commercial paper was under protest was notorious in Indiana and Ohio. He further states that from March, 1871, the officers of the road have not enjoyed the receipts cf the earnings or any of its revenue, amounting to more than ?250 000, but they have been seized by T. A. Morris and M. K. Ingalls, as receivers. Further, on the 25th of April, 1871, the Whitewater Valley Ruiiroad Company was a creditor to the said Indianapolis, Cincinnati & Lafayette Railroad Company to the amount of six thousand dollars, as claimed by the said firt-t named corporation, and on said April 25, 1871, an agreement was made iu writiog between said companies that certain wood materials and supples, worth about S2J,000, claim against Greenwood & Saiuh, held by the said India uapolis, Ciucinrmti & Lafayette Railroad Company, to the amount of about 20,000, and 510,000 in cash, and the u-e of divers locomotive and ears free of charge for three months should be given, paid, transferred and set over to said White Water Valley Riilro id Company in full satisfaction of its eiauus aforesaid aginst said Indianapolis, Cincinnati & Ijifiyette Riilroad Company; and on May 2, 1371 the said wood supplies, engines, Jko , were turned over and Jeliverei to the sail W. V. V. 11 R Company, and the said la-t named corporation is now engiged in consuming for its o.n use the said wood and supplies, and ha9 the exclusive poss-tauon aud use of said rolling stock, aud ttthe date ol siid agreement and transfer the taid corporation was insolvent and unable to pay its debts in the t'uj course of business. About the 14th orFbbnavy 1S71. thes. il corporation was indeb"-; to the executors of Longvvorth, deceased, in 'he fU'n ot $20,013 -11, and said sum ffas fully paid to said executor in cash out ot the proper ty and assets of said 1., C." & L K. R Co., and the said claim discharged and . S-itu, fied, the siid corporation being insolvent and unable to pay its debts in the due course ot business. The case was set for hearing on the 12th cf May. Judge Tarkiogton, at Indianapolis, last week, reudered a decision in the Circuit Court deciding the law'authoriziog a distribution of the school fund pro rata to the couaties unconstitutional. An appeal was taken to the Supreme Court. ThE GREAT CAUSE ...... HUMAN at Published, in a J sis MISERY. Jost Published, in a Sealed Envelope. Prica si 2 cents. LECTtTRK ON THE KATDE2, TREATilment and RadieU Cure of Seminal Weaknes i of Spermatorrhoea, induced by Self-Abasa, Invol untsry Emission", Impoteaej, Nervous Debility, nd Impediments to Marriage generally. Consumption, Epilepsy, and Fits; Mental and Physical Incapacity Ac. By Rob. J. Culverwell, M."D., Author of the "Green Book," Ac. The world renowned author, in this admirable Lecture, clearly proves from his own experience that the awful consequences of S-elf-A'juee may ba effectually removed without medicine, and without dangerous surgical operations, bouguies instruments, rings, or cordials, pointing out mods of cure it ones eertain and effectual , by which every sufferer, no matter what his co tion may be, may cure himself cheaply, privat and radically. This lecture will prove a boo thousands and thousands. Sent under teal, in a plain envelope, to any ad dress, on receipt of six cents, or two postage stamps, by addressing the publishers. Also, Dr. Culverwell's "Marriage Guide," price a cents. Address tba f ublisners, CHAS. J. C. KLINE & CO, 127 Bowery, New Tork, PottOffica Box 4.5S6 areh 10. VALLEY HOUSE, Brookville, Indiana. PETER SCITAAP, PB0PBIET0K

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JOUNQ.KEL Logg, PUtt St., New York, Sale Agent for the United States. Prica One Dollar par bottle. Send for Circular, m 12 4w SWEET POTATO SPR0CTS. W. R. Laroe is row ready to enpply hi cos toinerg wi'h Sweet Potato pprout of the best rariety. They ean bo obtained at the beds on the Fairfield Pike, one mil north of Brookville, or at Z. T. Hutchinson's Grocery Store in Broofeville. May 5 3w K0TICE. ALL dealers in Baker's Bone Liniment will hereafter be supplied by thirls & Gates, Druggists, Brookville, Ind., at wholesale and retail, at aor rernlaprioes for Franklin Co., Ind. BRYANT A CO Proprietors Baker's Baa Liriment. May .

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BEHOLD THE ADVENT

CTTTrTvrx-fvrgi

GRAND CONSOLIDATED Will positively exhibit at Brookville on IVednesday, May lth. Dcors Open at 1 and 7 O'clock P. M.

A STMCTL! MOllAt EXHIBITION.. 11 Menagerie and Circus in two separate tents for OIE ADMISSION! The grrcat uncqualed and undivided WIlI' jSHEB JF' of (lie present day. 20 SUPERB DEXS AND CAGES OF LIVING Wild Animals and Beautiful Birds. The great War Elephant Saladin, and a herd of ' (stmia mm mmmmim Accompanying the Mammoth Caravan. The Menagerie Department is under the supervision of the great Pells McDonald, The Dauntless King of Lion Conquerors.

Which is given in a separate Tent without Extra Charge, is the largest, most ex pensively equipped, and thoroughly organized Troupe in the World, comprising. FIFTY-SIX MALE AND FEMALE PERFORMEftS. Mile ZULBLIA, The beautiful, graceful and daring FEMALE GYMNAST, HASH HAMO'S TROUPE OF Oil SONS OF THE DESERT.

SPECIAL NOTICE Ts called to the manner in which these Exhibitions are given: so entirely separate from each other that persons desiring to see the Menagerie only, con t-pend the day in uninterrupted meditation among the representatives of the animal kingdom; and with equal satisfaction can those who wish to enjoy the spirts of the arena be free from the roaring of lion3 and the chattering of noisy birds and monkeys.

SEE THE GRAND PROCESSION. It will enter town about 10 oViock on the morning of Exhibition, making a fieo pageant one mile in logth, led by the Containing Prof. WALKER'S GOLDEN CORNET BVND which will render a choice selection of musical gems, interspersed wiih the most popular airs of the day.' Next will follow the ' "

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Ti

MagniGcent mass of Golden Splendor. Lien loose in the Streets. Free

watchiUi eye ot nis keeper, following these will be VANS, DENS AND CAGES! Each ornamented and decorated in perfect keeping with"the foregoing. In the rear yon find Elephants, Camels, Dromedaries, Trick Horses, Dimunitive Ponies and Comic Mules, Forming by no means tbe leas important feature of the

BEAE IjST MIjSTDOne Ticket fir 50 cis. Admits to both Shore. Children under 10 years, to both Shoict, 25 cents.

These Shows will also exhibit at Connersville on Tuesday, 5Jay 16th nd at Laurel on Thursday, JJay 18th.-

OF THE UNPRECEDENTED.

ess -OOn the Summit will be An African from any restraint whatever, except the

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