Indiana State Sentinel, Volume 5, Number 8, Indianapolis, Marion County, 14 August 1845 — Page 2
3nMcum State Sentinel.
WEEKLY CDITIO.V.
ETRRMAL VISILASCC If THE PaiCC T ttTT. IXII.4r41'OLlS, ALGl'St' 14, IS 15.
JMA11IO-V ClIttXIT COUKT. Criminal Oisrr. Reported for the St of Sent im A. The Stale ffInJiarii ts. Edcard Daiis. Indictment fr murder in the second dejrce wp m the person of John Tucker, a negro, at Indianapolis, on the
4th day of July last. WiPNwmr Moaning, 9 o'clock. Court met pursuant o adjournment. John Rider. States, tliat on the fourth or July last. Dear the ralmer Houe, mw the Negro, Tucker, on tle pavement hear Meikel'a grocery, on Washington street Saw Wood strike tlie ncpro, Tutkcr, on the nose, and pass into a grocery. The blood streamed from the hose of Tucker. Tucker Mid " iT you want to have blood, we will have blood for blood." Tucker was advised to go and prosecute Wood for striking hm. Tucker started toward the Magistrate's office; Wood crossed the street, and afterward- followed Tucker, with a piece of board or plank in his hand, in the direction of the Justice's office. Wood overtook him near- the middle of Illinois strejt. Tucker turned to defend himself : a scuffle ensued. Saw Wood strike Tucker with a club, near the alley, on the east side of Illinois street. Witness saw Davis hit Tucker with a large brick-bat, after Wood and Tucker were parted. Tucker was not looking at Davis when Davis Lit him on the Lead. The lick could have been heard fifty yards. Witness, and others, advised Tucker to leave, as such licks would
kill Lira; and Tucker retreated up Illinois street, and
was followed by the crowd. Wood went to Gaston's carriage shop, and procured a shaved stick similar to a iwingte-tree, and pursued Tucker. , Wood was stopped by persons in the crowd, arid informed of the consequences if he struck ard killed Tucker. Heard
several persons in the crowd ssy, Kill the negro,
Saw some person, supposed it was Bailinger, strike
the negro with a tlUl), and the negro fell; then supposes (as he could not see fairly for the crowd) Wood struck Tucker three or four blows with his shaved swingle-tree or neck-yoke. Did not see Wood give the blows. Cross-examine d. States that he was within 8 or io feet of Ihe negro, on Washington street, when nero was first struck bv Wod. Negro was going in an eastern direction. Wood met the negro and cursed him, then struck him. Did not hear negro speak before he was struck. After Wood struck, negro naked "what does this mean !" said, after Wood went into the grocery, "if you want to shed blood, rome out here." Wood came out. Negro struck at Wood and misled him ; Wood then ran across the street towards Harlin's grocery. Saw the scuMe near the
pump near wet side Illinois street. Saw the blood on I Wood's head after the scuffle. Saw Davis strike Tuck
er with the brick bat. Saw Davis after he had been struck. Did not see Davis knocked down. Saw the
"kill name
After Wood had been taken away, the negro again retreated, and the crowd followed him and continued to throw at him when he again turned round. Cross-examined. The negro faced Wood, and then stooped to pick up things to throw and continued to throw until Ballinger came up and struck him. Horatio B. McDowell. States, first saw Wood crossing Washington street. He went into Harlan's grocery hunting an axe helve, swearing that he wanted something to kill the damned negro. Then saw the negro pass down the street towards the Justice's office. Wood then followed in the course towards
the negro, and ha'd in his hand a 6lab or piece of board. Afterward saw the negro and Wood near
the pump engaged in a scufile. David Buckhart told
the lieflro to go away or he would be Riiicu. Miortiy
afterwards Davis hauled away and struck the negro
with a brick. This was shortly after the scuffle. Witness was close to Davis. The negro appeared to be harmless at the time he was hit by Davis. The brick thrown by Davis drew blood from the head of the negro, and was thrown with considerable force: The negro retreated north, and his back was towards Davis and could not possibly have seen Davis. The crowd followed the hegro northward. Voices cried
the damned negro." Knew. the negro; his was John Tucker. Davis and James Rhodes
had a difficulty. Witness did not press into the crowd.
Saw the negro lying dead on the side walk but a few minutes after the adYay with Davis. Saw Wood with a club in his hand. Did nut hear Davis any arivlhirig. Cross-examined. Thought Wood was angry did not hear him say that he would take a salt barrel to kill the negro. Davis did not hurt Mr. Rhodes. Direct Examination resumed. The, place where Wood was when he had hold of the salt barrel was at James Kirlin's grocery. John Cohen. States, saw Wood as he stepped into the grocery. Saw the blood running from Negro's nose. Saw Wood as he came out of the grocery.
Saw negro strike at Wood -and Wood cither broke off
the blow or jumped out of the way of the blow. Wood then went to Harlin's grocery. Negro thin started to Magistrate's oilice, as tho negro said. Wood followed after tlie negro, picked up a piece of a board
and struck the negro over the head, near the pump at the corner of Washington and Illinois street. Witness then went to the place of the scuffle. The negro's face was bleeding. Saw Davis throw a brick and strike negro near or upon the head; saw the brick fall to the ground ; was about 10 feet from Davis ; did not hear Davis speak. Negro walked up north toward Armstrong's tavern, and the mob followed. Witness then got out bf the crowd. Saw some unknown person throw a brick-bat at the negro. Davis was in front of the mob about a rod, so was some other man and Watson. Negro then turned and threw a brick at Davis and knocked Davis down. Wood came with a shaved stick in his hand, and cried
i out where is the negro. I his was a minute or so be
fore Davis was knocked down. The negro then walked ever towards the cast side of Illinois street, neat
the mouth of the alley, where he was afterwards kill
cd. Ihe mob continued to rusa on towards the ne
gro, and brick-bats were thrown by the mob. Saw
Ballinger come across from Armstrong's, and took
hold of the negro with the left hand, and hit the ne
pro with a lanre club several blows, which felled the
Thursday Morxing, 9 o'clock. Court met pursuant to adjournment." Mr. Bird -Cross-Examined. Saw Wood first at Meikeil's grjeery. His manner was sportive, laughing. Witness was across the street at an upper win
dow. Could not hear what Wood said. Saw his
round the crowd and went to the negro; Davis came round to the left of Wood and threw and struck the
uero on 'iea( .r "je c W1"' a EUc' Witness came directly to tlie spot where thev negro was killed.
Heard mucn noise oi iu uro wu aaju i mm ne
was much agitated, was öouth or Where the negro
motious saw bitn apparently makin? fun of the ne- lav Davis was nortt thereof.
gro about the bleeding of his ncse. Wood went across James Rhodes. Says, he was near Ramsey 'is shop the street to Kirlin's grocery. Saw Wood run down on Washington street, South side, on the 4th July, the street. The negro had gone down the street be- Saw the negro coming up the street and Wood comfore Wood. Witness came down stairs in from three ing down tlie street. Saw Wood strike the negro on to five minutes. Saw them in contact before he came the nose snd knock his hat off, and jump into Mei-
down. Saw negro throw at Wood as Wood approach-1 keil's srrocery. The blood run from tlie negro s nose.
cd him, and hit him upon tlie back of the head
Wood was not near enough to strike the negro when the negro threw the brick. Witness was at his store. Saw Davis throw at the ne?ro; Saw Davis rPh Into
Wood rame out and took hold of the negro's head.
The neTO attempted to strike Wood, and Wod jumped out of tho way, and went across to Harlan's gronf i i .1. ....... . i
eery. caV w oou corne uown uie oircci, wun a piece
blood gushing; out of his head ; he was standing on
his feet. Did riot see the negro strike Davis. Saw Degro to thc ground, with his face in the gutter and Wood rush up after Bailinger had struck the negro ; ni9 feet on tlie pavement. Wood then came up and believes that Wood struck him about the head and m the negro several heavy blows with his stick, as shoulders; could not see distinctly. Thinks Wood ! many as three or four blows. Watson was in front was intoxicated. Does not remember whether Wood '. cf tlie nK)H and cried kill the damned negro." The
was laughing at the time he first struck the negro. nPr0. when advised to go away, said that he had dis
Wood laughed when he left the negro, as he crossed ' turbed nobody, and had done nothing to make him go the street. :, 'away. The stick which Baliinger had was as thick Direct Examination Resumed. At the time Wood 1 a9 t,e arm 0f the witness, and three feet or more in struck the negro first, he (Wood) cursed him and length. Eallinger was a strong man. He struck the called him a nigger. I nPfTro twice with the club in one hand, and once or
Jon FiTUMSAT.States, on 4th July afternoon, twice with both hands. Nicholas Wood is generally
saw negro on-tne souui sioe oi vrasnmgion street, i considered a stout man.
the crowd. Fersons were between witness and the I of plank or board, where he run towards tlie negro,
negro. Not more than 15 or 20 present at that moment, and the negro picked up a halt a brick and threw and Davis threw in a very short time after Wood and the hit Wood on tlie back part of the head. Snortly afnegro were separated. Witness then went to west side tcrwards saw Davis throw a brick and strike the of Illinois street Remained there until the r,egro was negro on the back part of the head. Davis took hold killed. TaVt of time stood oh ground, part on hand-rail of witness. Witness tried to prevail on the neat Armstrong's. Saw Bollinger near sign post heard gro to leave, and the negro did retreat up the street him hallo at crowd. Left that place before Davis was towards Armstrong's tavern. Afterwards saw Wood knocked down a short time before. Ballinger went with a new swinglc-tree in his hand, and heard him north across the street. The negro had gone north, say that he wbiild kill tlie negro. Wood then came up with a stick. Negro had a brick Cross-Examined. Witness was ten or 15 yards in his hand. Negro told Wood to stop. Wood stop- from tlie negro when Wood met him first on the ped. Davis threw end hit tlie negro before the nerro pavement near Ramsey's shop. Did not see where
hit him. , The negro threw at the crowd, but not un- Wood came from. W'ood came swaggering along til he had been thrown at from the crowd. The negro and hallooing; thinks Wood was intoxicated; did not was dodging part of tl'ie time,' and part of the time hear tho negro speak to Wood. Wood went across hunting something to throw. There was no crowd the street, had his hand upon a salt barrel. Wood between the witness and negro When the throwing was about li! feet from the negro when he first threw was done. About the time that the negro struck a the brick at Wood; the blow knocked Wood's hat off, white man who had thrown at the negro, Davis threw and staggered him. Wood dropped his club. The negro at the npgro. Saw a person, whose name he has for- advanced towards Wood, and Wood advanced until gotten, throw at the negro and hit him and run. The they met, and tlie scufile commenced. The crowd negro turned and hit the white man as lie run, in the rushed bp, say from twenty to fifty persons. Davis Side. Witness was somewhat excited. Iti a very was about eight feet from witness, and walked up to
short time after the negro had knocked Davis down, within froth four to six feet of the negro before he
Bailinger came forward north and somewhat behind I threw. The negro fell to his hands, and raised pretthe negro. Just about the time, or a little before I ty quick. Davis took hold of witness. Woods came
Davis was knocked down, Ballinger procured the from the West with his stick. Don't know where he
stick and started. round the crowd towards tlie negro. I got the stick. w
Ballmger approached the crowd, when he first came, I Examination resumed. Negro had nothing in his
from a direction towards the State House. Saw Bal- hand when Davis threw the first brick. The negro
linger catch the negro by the collar, and strike him seemed to be watching some one and was excited, twice with the 6tick while he held it in one hand ; Dr. Neglet. States, ( Saw Wood come out of the saw him fell the negro; Saw Wood strike tho flcgro crowd with his head bleeding, with a stick in hia
as soon as he fell. There was no difficulty in seeing I hand. Saw Wood's brother take hold of Nick Wood,
as the main crowd had not then come up. Saw him and stop him from following the öegrö. Wood pstrike the negro once, heard the other blows. Is ac- proached the negro, and the negro turned each time uainted with Wood. Did not think Wood showed for battle. The boys cried out, "there is the negro." much sign of intoxication. Heard persons cry "kill The crowd and the negro then both threw brick-bats, the negro." There was more noise about the time Ballinger then advanced towards the negro, throwing that Bailinger knocked the negro down, than at any at him, and when he came to him, took him by the time before. At the tiine Davis was knocked down, collar and struck several blows, two or three with a Wood was between the crowd and the negro. stick with one hand, and then with both hands, and Direct Examination resumed. The person who knocked tlie negro down. Heard the blows, but could threw at the negrd and run was hit by the negro in not see well for the crowd. Saw Mr. Stretcher beside the side. Does not think that the person's hat fell the hegro working with him. The negro seemed off. dead except pulsation. The negro retreated at all Cross-Examined. Thinks Ballinger was some- times when the crowd did not press upon him, then where in the crowd two or three rods from Davis, he would turn and throw at the crowd, and they throw when Davis was knocked down. at him. A. A. Loudon. States, first saw the negro and Cross-Examined. The negro was knocked down Wn in tho hnlWtr nr initio hp t!w. mimn about eight or ten feet from the alley. Witness was
Wood was on ton the negro was about to iret on top 20 or 3D feet from tlie negro. Saw no oth
fight when Wood came up t him. One ef the brick bats which the negro there cams near hitting witness. It was thrown with much force. .The club wa a good lout cudgel probably 4 or 5 feet long. Saw B. snatch it from the negro. Too crowd waa east of where witness tood. Cress-Examined. Waa at the .State House hen he tint heard of the fune, or when the row commenced, distant probably 250 yard, a full uare, the width of a atreet sd half the widllt of the State House square. Went to the scene of the row. First saw the negro bleeding. I3alhngr was standing near the corner of the fence when wiineks first came to him, they both came
frliin the State House near the aame time. Saw Wood . . '.I 1 1 'II !L. f
running bdoui anu saying ne wouiu kiii wie nrgro. caw Wood's brother Uke hold of him. Saw brick bats flying. Saw Davis full. Did not see any brick bats, clubs or other things thrown by any persons towards the negro. Saw tbe nrgro throw three bricks. Davis was near ten feet from the negro when the negro knocked him down. The negro was bearing across the street towards the north
going backwards. When Wood approached the negro the negro told him to stand back or he would kill him.
Did not keep bia eye on Uallingerail the time. Relieves that Bailinger waa near witness from the corner until B. run and caught the negro. The negro was close enough to Davis when Bailinger caught him, to have struck him, Davis, with the club. Davis was 8 or 10 feet from the
gaiter. The negro might have thrown the club and hit Davis. Did not see Levy or Day take bold of Wood. The crowd came up, witness gave back and only saw Bailinger atrike one blow. Did not hear any thina; said about Davis hurt until after the negro was knocked down
by Bailinger. If Balhinger had a club when ha ran across
the street, witness did not see it.
A A. Locnos, re-examined. States, saw Davis knocked down ; passed by him after he was hit, and went up to the negro, and remained by him until he was removed into the yard. Thinks it was impossible for Davis to have struck the negro after he was knocked down by Bailinger. Davis seemed badly hurt, Lnd persons seemed to be supnortihg him, or conversing with iiim. Cross-Examined. Was among the first who approached the negro alter he fell. Davis was west of the negro when he fell in the gutter near where he, Davis was knocked down. Witness is certain that the nesro had
near Michael's orErinis's grocery, Walking up street; Wood met him on the pavement. Wood struck him on the nose, and went into the grocery. Negro said if joti want blood come out here. Wood came out, Negro struck at him. Wood then crossed the street to Harlin's. Wood shortly afterwards came out, and followed the negro down the street. Negro had started towards magistrate's office in a north west directionr in pursuance of advice given by witness. Saw the scutllö Ceti the pump. Heard cries of "kill the negro.- Saw brick bats thrown. Could not tell who threw them. Did not see Davis and the negro in the fight. Saw Wood go to Gaston's shopand come out
with a club. "Did not see 6tick in Wood's hand at the pump. The seen ! of the first attack was cast of and near the Palmer House in Indianapolis. Cross-examined. Was eight or ten steps from the negro, about the distance from where he stood to book case in Court House when Wood struck him. Docs not think the negro spoke before Wood struck. It might be possible" that he spoke but not likely. Nick Wood came dcton the street from the east meeting the negro. . W ood wore a kind of smile when he struck the negro, and: jumped into the grocery. Heard the negro- say that if Wood wanted blood, to come out and he would have blood for blood. Considered Wood partially intoxicated. He did not stagger. Sup woses Wood had drank liquor.
Jacb VANTnsGRiFT.--Slate8, was sitting at Wiley's
aSctWTi roonf.- baw negro cross the street. After
wards' saw Wood and negro fighting at corner of
Illinois and Washington streets, near northwest cor
ner. Saw Davis throw a brick and strike Tucker on
the head. . Tucker's back was tow ards Davis. Davis threw with force, severely, near a whole brick. Saw
Wood afterwards come into the crowd with a club in his hand; had a large shaved club; said he would
kill the damned negro. Witness held Wood. Wood
tried to hit witness on the head ; did not hit witness. Wood then started in a direction from the negro. Sev
eral Toices exclaimed "kill the negro." Did not see
Bailinger." Davis was three or four paces from the negro when Davis threw the brick. Saw Wood come from Gaston's shop with a club. Saw Wood's brother
and Joseph Levy take hold of Nicholas Wood. Cross-examined. Wood stayed three or four min utes at Gaston's shop. The negro still remained un
til Wood returned. Ihe negro was backing out
from the crowd. Wood was somewhat intoxicated
When witness amved at the pump, where the fight wa going on between Wood and the negro, the ne
gro wis abbot getting clear from Wood. Wood's
head and face were bloody ; did not see the wound on Wood's head. Negro was backing" out. Wood was bare headed. Did not see negro strike Wood. Wood
said he would kill tlie negro ; assigned no reason for
ttjitt sb Wood was excited. The fight was four of five feet frortf he pump-.- The brick was a hard burnt afch bf fckv The negro was standing with his
side partly towards witness Saw the brick in Davis's hand. Knows the brick by a melted luma orf the
brick. The brick was afterwards produced in court and identified. WiIlam Marqcis. States, came up near the commcncenteTrt of the last affray. Saw Wood tome up with a sick. Negro had a stone or brick in each hand. Davrs threw a brTek or stone at negro and hit him on the bead, back part. Negro then thfew a stone or brick ba't at Davis and knocked him down. The affray was wÄhh iJO or 30 feet of the pump. When Davis threw at the negro it was near the same place. Davis was in advance of the crowd. Came out of the crowd and was hi front of it. Davis threw twice before the negro threw and hit Davis. Davis bit the negro in the sid j with a briet or stone. Did
not hear Davis speak. Witness saw negro after
he was dead. Negro In id upon the side walk and' in the lot two or three hours. The negro crossed from
Cross-Examined.- Witness arrived at the scene of
the fight about the time the ecu (He was ended at the pump. Saw Wood come out of Harlin's, and saw him pick up tlie bard in the street. Docs not know whether .Wood, stopped at Kirlin's grocery. Saw negro stoop down when Wood was about a rod from him. After thf scuffle, saw the blood running from the head of Wood ; saw the scratch or blood upon Wood's face. An hundred men collected in from
two to five minutes. Davis threw the brick in a short time after the scufile with Wood and the negro near
the pump; it mght have been 1, 2 or more minutes
I
ier persons
throw except Bailinger, as Baliinger advanced towards the negro. Bailinger advanced rapidly, and witness did not know whether Baliinger had the club cr not in his hand. Knows that Bailinger did throw more than once. Did not see the stick until Bailinger struck with it. Jeremiah Dav. States, saw a crowd near Meikei!
Jeremiah tT0CtT7t on 4,M Ju,y- Saw Wood cross over to Kirlin's
Day told the negro to leave that crowd or they would ,n?J,r; up j nn ?arrw Tk . kill him. Witness advised pegro to leave. Negro UA hn "w VVood "rt l0,". thJ ''Ti-I fm"1
w j iuuk U s vi A-' 1 1 1 1 at anu n v via aw iiuiivriB street, where ha overtook John Tucker, and as Wood advanced Tucker stooped down and picked up two bricks
when they were parted. Davis then came up and said to the negro, " damn you, I want you to leave here." Some person threw something and hit the negro. Davis then threw a brick and hit the negro on the back part of the head. The negro stood with his
back towards Davis and could not see him when he
threw. Did not stand more than from 4 to 8 feet
from David when he threw at the negro,
or stones, and threw one of mem ana nit wood on the head. They then clinched and Wood fell on top of the negro. The crowd cried, " Give it to him Nick. ' The negro then got nearly on top of Wood, and the crowd parted them. Nick Iclt his head and found the blood
fr.. - v, r runninr, and said ne wouia noi iaue tnai irom a negro, The negro was m the act of 8nd heswoold ki lh, damned negro. About this timej
negro on the
near Armstrong s tavern or Dr. Hunt's office to the
east side of the street. When witness first saw Da
Vis throw it was near trie miuaie oi me street. Davis hit the negro once or twice before the negro threw
and knocked him down
Cross-elcdminrd. Saw the last attark when the negro was opposite Dr. Hunt's vhop. Witness weiit on to the west side of Illinois street The . negro was then, but a few steps' from witness. Witness tood near the aouth corner of Hunt's shop. Divers per
son were engaged in throwing. Davis came out in
luckhart ad; ised the negro to go away. The crowd
followed the negro north. Witness was on the west
sidewalk near Gaston's shop. Awagn.and team
was in the month of Illinois street, and a crowd
were around it, near thc cast side of the street. Wit ncss crossed the street towards the wagon. Tho ne
gro had crossed over towards thc cast side of the
street. Several brickbats came from the mob. Saw
thc negro throw one brickbat before he knocked Davis down. W atson was near the middle of the street.
After Davis was knocked down, Watson came out in
front of thc mob and cried out kill the damned negro.' Wood came with his 6tick before Davis was"
r.öckcd doWn. liailinger came just after Davis was
knocked down. Some thought that Davis Was killed.
Davis attempted to rise and fell, and he was helped up. The negro fell by' the blows of Bailinger, his face in the gutter ; he fell as dead. Wood immedi
ately came through the crowd and struck the negro
when he was lying in that position. When Wood
came to the negro liiere was but few persons between
the witners and the negro, and witness saw Wood hit the negro either on the head, back of the neck or
shoulders. He did hit the negro and not tlie ground.
V. C. Hanna. States, first saw negro nearly op
posite Armstrong s tavern. Saw Wood advancing
upon me negro ana aavisca ntm to ocsist. wooa
swore he would kill the damned negro. Others also
advised Wood not to strike him. Witness" advised
Wood to wait irntii Some other day, but could not in
fluence Wrood to be peaceable. Äs Wood advanced upon the negro, the negro turned round and told Wood not to strike. Wood 6tood off. At this time Baliin
ger threw a brick at the riero,' and the negro retreat
ed towards the northeast.. Bamöger followed up the negro. Witness heard the blows but coold not see for tbe
crowd. Heard Watson say "kill the damned negro.'
W as acquainted the negro ; his name was John Tuck
er. Saw him on the sidewalk after he was killed
i ne buck carried oy wood appeared to be ac new
swingle-tree.
Cross-Examined. The crowd was not very dene.
Ihe last witness saw or the negro was near the gut
ter on the east side of Illinois street. Bailinger had
thrown a brickbat and followed to where the negro
Was.
Abraitam Bird. States, the first witness saw was
Wood coming out of a errocery on the south side of
Washington street. , .Wood made fun of the negro's nose because it was bleeding. The negro struck at
Wood. Wood crossed over to a grocery and enquired
for an axe handle, saying that he wanted to kill the damried negro. Wood picked up a bonrd, and pursu
ed tlie negro down the street. When he came near the negro, the negro picked up a brick and hit Wood on tlie head. A scufile ensued. After which scuffle
witness saw Davis strike the negro on tlie bock of the head with a brfck cr stone which Davis threw at him.
It struck the negro and the blow bent the nejrro for
ward. The back of the negro's' head was towards Davis. The negro threw and retreated towards tlie north up Illinois street. Saw the negro throw brickbats towards the crowd, but not until bricks had been a I a. .! fPl .. a -mi vS
mrown ai uio nerjro. a lie crowd still lullowed up the street. Davw threw a brickbat and hit the negro in the side. ' The negro then threw at Davis", hit him
on the head and knocked him dowr. Several persons
then threw at the negro, and scverai cried "kill him
Wood appeared with a stick following towards the negro. The negro told Wood not to strike, and Wood
did not then strike. Davii was in advance of the
retreated tow ards the north. Negro lived on Henderson's farm, in a north direction. Nicholas Wood then reappeared with a new shaved stick, and came towards the negro as if he intended to strike him. The negro told Wood to stand off. Wood's brother and some others took hold of Wood. The negro con
tinued to retreat. Voices cried kill the negro. Da
vis said kill the pegro,
It aai.t . i f
mrowing at some person wno naa tnrown at mm irom severiI ,tolie, wera lhrown ar.d struck the
Uic west wnen ne nearo jjavis s remark, and then head. AUo a block of wood hit him on the head
turned and threw at Davis and knocked him down. Buckhart told him to leave. Davis ordered him to leave, Davis had bit the negro e. second time .before the ne- and threw a brick which hit the negro on the head. The pro threw at him. When Davis fell, tlie crowd cried npiö felt to his hands and raised with a brick in his hand.
kill the negro. Heard Davis say "kill him" only Th" nero w" th'Mte-"" to throw at a young man, but
once. Saw Bailinger go up to a countryman and say b-n jhal.lh,i T? T V .T thfW lh n " i - n;,.miu..;.t. Ml i,;Tt u n- him, he did not attempt to strike the young man. Davis to him, "give me the stick, 1 11 fix him." Bailinger inmVtdlteIy ,hrew; .fc lie negro .aid he had not insulted
iook tnestiCK; u was an iron wooa suck, ö leet a any raan that he was a civil man, and why should he
mines vii - ictk juiijj. ui"n'(,-i wiv.li ion uuu vuujjui i leave, ai flir. uavis naa oraerea mm. aick wooa then
the negro by the collar and pressed him back against appeared with a stick and witness took hold of Wood,
the fence, and Struck him twice with the club holdin? and told him not to strike the negro, asking him if he
it in one hand. Wood then struck at tlie negro, over wished to be hung or to be sent to the penitentiary for
lallinger, and hit the fence. Bailinger shoved Wood k'"'ng the negro, Wood iwunnf that he would kill the
back, and took his own stick in both hands and knock- " IT "I "i" " "
A, j , t j tÄ " . I. J " 3 a il III! HC nuuiu uciiaw t v u viuoa iv if wu. oiiu
eu wie nejjru uuwu. uuuu uicu luaiit-u hi auu bituck .1 k;. k.-U .... jä 1
. . . s I ill Ui uujcj neu a 1 e vacn, Aavia was uuwu. UIJU IU"J
Uie negro on me snouiuers, ana sirucK ai mm once or ctJ WM lnat d, was killed. Bailinger shortly aftertwice more, but did not hit him, but hit the ground 7 wards had hold of the negro, arid waa striking him with eft 8 inches frorri his head. Thinks Wood was intox- a club, and took both hands to the club and felled the
icated. Did not see Wood stagger at the time he was nerro. Witness saw the skin open when (he blow was
in the crowd. The witness was aertuainted with th eiven, and the n'egio pitched forward. Nick was called
negro. His name was John Tucker. He was killed b,7 ,ome Per,sonJ " came UP. ,,n. mmnd beating j. a ; . 1. the nesro s head. Davis waa bleeding and said he waa
UIOUi win IU nu "I Uli 1U1I1UM.. I L II I . f..i 1 'J Jl" .1 I
r. ' I c. .u 3. 1 rrii D1QIT nun. i in enmu hiu icuhicuit - mil III llfrru.
yrvss-iuinuicu. caw meui m uie alien. lue.. ..k. ihmur ih. n..f nA th. ,k
. . , I tw' m tv tu 1 1 ... .mw . ... . u w mvi w 1111 vn a.ma ... & 4 V. bam , tin v n mm . n . . . -. l I . "
lu-jru was mi uuv.cu 111 vj suitwe a young mail W1UI a I B( tf,e crowd.
DiOCK 01 wooa, wiui wnicn ne, uie negro, naa oeen Cross-Examined. Had aeen Davis an hour or two
struck. The young man told the negro that he did before and supposed that Davis waa intoxicated, his
ndt strike him. Däfis then thfew the brick: The breath smelling of liquor. Wood when at Kirlin's
negro was about to throw at some other person when Davis threw the second brick which hit tlie negro. It was after Davis had been knocked down that Bailinger took the stick and went to the negro. The block
rumoed astride a salt barrel, and swore he would kill the
1 ... . .- . . j
necro with the salt Darrel. When I ucker threatened to
atrike the young man, the young man raised his hands
and when 1 ucker was informed that he waa mistaken
I that the young man had not thrown at him, he, Tucker
of wood which was in tlie hand of the negro, was a dropped his band and did not attempt to strike the young
j w. 1, ....-"..-1.. w u,v mau H suui- I man. wnen wooa louna uis neaa uieeaing ne went in
cieni iorce was appueu. 1 searcu or a suck, ana came wun one
SAMCtL Hetselgeser. States, saw the crtfwd at Dii. Joh.i L. Mothxrihead. States, on the mornin the pump. Afterwards saw Wood with a club come f h 5th Ju,J 1 POBl mortem examination of th tin toward the nei-ro. Somn iWnn tr-.tr hnM ..f body of John Tucker before a coroner's jury. Found
WnrJ Stnnr, verP thrnvvn fc tt. future on th anterior portion of the skull bone, externa
s certain that the negro
no club in his hand when Baliinger took hold of him, but saw Bailinger take the stick from the hands 0. another person on his way across the street. Tho negro did not make any attempt to strike Davis alter he fell. . Witness does not think that the negro did strike Bailinger as he took the stick from the man, remarked, 11 give me the stick damn him I'll fix him." Did not see Bailinger throw at the negro. Jo aw Shock. States, saw negro coming down Wash
ington street then saw Wood fall on him, and pick up a
piece of board; aaw tbe negro stoop and pick up a brick
and throw it and strike Wood on the bead and atrike off
his bat, which ataggered Wood. Then saw them clinch.
and walked up atreet saw nothing more of the fight.
Thinks Wood was drunk. Tbe negro was near ten feet
from Wood when he ran and clinched him.
Crost-Examintd. Witntss was on the aouth side of
Washington atreet opposite Gaston's shop in company
with two females, going to hear an oration by Wm. Wallace. Saw Wood pick up the board and follow the negro. The
netrro was ten or fifteen steps west of the corner of
Gaston's fence on the aide walk, when Wood approached
im. Wood was on the plank which crosses the gutter.
when he struck, or near them. Has frequently visited
Wood in iail say four or five times. When witness
rnved at the church where tbe oraUon waa delivered the
peaker had commenced. Uid not stale to any person
that he was at the church when the fight waa going on,
or when the negro waa killed.
James Wilson. States, saw Wood first at Eonis
grocery. Wood went out and slapped tne negro on the
houlder and said, " old fellow I did not mean to hurt you
was just in fun. Afterward beard .VVood say to th
negro, with a board or stick in his hand, 11 you do not
behave I will slap you. Then the negro threw at Wood and hit him on tbe bead, and knocked off bis bat, Wood called for bi hat and said he could not stand iL Then aaw the brick bats flying every way. Saw Bailinger catch
and strike the negro and knock him down. Saw Wood
atrike ehe negro on the shoulders after Bailinger bad knocked hiru. down. " Previously saw a brick strike the
negro on the bead ; could not tell who threw it. Suppose
it would weigh about 4 pounds. Saw Wood cross the
street after the first attack, in an angular direction, towards
the negro. The negro advanced towards Wood, as W ood
came near him with the board, near the pump. Did not
aee Baliinger at all until he had the negro by the collar, Thinka Wood waa intoxicated.
CrtsS'Examined. First saw the negro before Ennis'
grocery, wood came into me grocery crossed me street
to Harlin's grocery. Saw the negro start down street, and
saw Wood also start in a brisk gait alter the negro. The
negro was west of the pump when he picked up the rock
Wood approached as if be intended to strike the negro, or
to slsn his noiteriora he said be would slap him. Saw
rocks flying both wsys, but could not say which side began
Did not see Davis. 1 he negro heard W ood halloo, and turned round as he was approaching him. Other persons
were aa near to Wood as witness was.
Examination resumed. W as about 20 or 30 yards
from Wood in tbe street, when Wood was talking of hit
ting the uegro. Did not aas Davis at the time Wood was
knocked down.
William Hikislky. States, saw negro strike Wood
with a brick near the pump ; aaw them clinch; the negro
seemed to advance after the brick was thrown, saw Wood
afterwards approach the negro with a alick, and the negro
to!d him to atand off. I he negro said be was not going to be run ofL Did not see any thing in the hands of the
neero. until bs saw him knock Davis down with a brick
Crott-examihed. witness did not see Woed until bs
came oat of the grosery, when the negro struck twice at
Wood. Wood came into the grocery, and tbe negro atood
before tbe grocery door, and said there was a man who had
drawn blood from him, and if he would come out he would draw blood from him. Witness saw the negro and
Wood so down the street, saw Wood pick up the board
and follow the negro. Did not hear Wood say any thing
aa he approached the negro; was within ten feet of him thinka he should have heard him if he bad spoken lou
enough for the nogro to have heard him. Can't aay which clinched first. Saw the negro's ncse bleeding when he waa before the grocery. Saw tbe brick strike the negro
on the back part of the head. After the negro had start
ed and cone part way across the Street the crowd follow
ed
front of the crtd. TI.e negro was facing the
haf ar rock
fetreated. Storfcs still continued. Saw Davis knock
ed down. Saw Davis thrpw once at the negro. The negro was retreating when Davis" threw. Saw the negro throw and hit a person who was running north. This was after Davis had thrown. There was an open space between the negro and the crowd. Davis was in this open space in front of the crowd. ...Cross-examined. Saw the person hit who run. The first stone that witness saw came from the direction of the negro. Saw the negro throw two stones. One nit Davis, the other the young man who ran.
RoeeT HARDiitv--States, saw a row near Meikeil's
grocery;
street
Enoch Pyxe. States", saw the netrro's nose bleed
ng in front of Merkdf1 grocery. After the crowd
dispersed at the grocery tlie negro took a westerly di-
reciion. w ooa went across nie street. Uid not see the scuffle near the ptmrp. Saw neirro standing in the
o o
strike the wgro after be waa downed by Bailinger. DiJ not see Davis after he fell Cross-examined. Saw Wood wi'.h his nge-lne, jing -let me alone, I'll kill bim." Persons beld Wood. Heard negro tell Wood to stand back, or he would hit him. First brick he saw thrown waa by Davis, at the negro, about a half minute before the negro threw. 8aw Davie knocked down. Dais Waa in the crowd. Daring the time after the negro left the pump, he continued to go noith, unlesa he was stopped by persons talking to hun and be then strain continued to go north. William Polasp. Says, first saw Wood at a grocery
near Mayer's. Saw the negro s nose bleeding, and beard Wood ak hire, what ailed him. The negro replied, -yoü know, and I'll make you pay for it. If I don't, 111 have the last drop of your blood, if it it blood you sre after. Ssw the negro strike at Wood after Wood came oat of tbe grocery. Saw Wood cross the street and get a club, and, follow the negro down towards the pump. Aa Wood cams towards the negro, ssw the negro pick op a brick and hit Wood, and they clinched. Wood then went and got a singletree, said be could not stand it, and brought tbe stick into the crowd. Saw some person strike the negro, and knock him down near the fence. Afterwards saw Wood strike the negro, he thir.ks, on the aids or shoulder; some
of W ood's blows hit the ground, as persons csoght bis
blows. Thinks that Wood was within ten fret of the ne
gro near the pump, when the negro threw at Wood and hit him on the head. When the negro picked up the brick Wood stopped sdvsncing, being afraid to advance
he negro told W ood if he followed bias be would knock
him down.
Crnt-rxamineJ. Wood did not say to tbe oegre, "I
id not mean to hurt you." Tbe negro went quartering
across Washington street and came to the pavement near
IN orwood s corner. W ood had the stick before he came
to the corner : bad the plank or stick raised. Wood wea not near enough to hit the negro with the plank when the negro bit Wood with the brick. Saw Wood fall and the, negro jump on him. . Wood fell in the gutter end some
ersons pulled Wood on to the lop of the negro. The.
crowJ pressed in and witness could net see afterwards on
ly through or among their legs.
UtsjiMis INsw.s. States, ssw the negro standing
in front of the grocery. . The negro was aked what was the matter with him. Negro said Wood had struck him. Negro told Wood that he would make him pay for it. 8aW
them again at the pump. Saw them down, and Wood on top of the negro. Afterwards saw bricks being thrown. Saw Davis fall. Does not know who threw the bricks:
Saw Wood with the plank in bis hand.
Croit examined. Wood took hold of the negro s hat
and asked him, "what is the metter, old fellow 1" Thea went into the grocery. Wood came out of the rrocerv.
the second time, and again took hold of the negro's hat,
Then the neero struck at him. Wood ricked no the
piece of plank or board, about 4 feet long, 6 or 8 inches wide, before he got to Illinois street. . After the scuffle at the pump Wood went and get another club, and followed the negro op Illinois street. Mr. Thompson took hold of
Wood. Wood said he would kill the negro Thinks
some persons told the negro to stand his ground i other 4
"u ull t
and internal, running latally to tbt base of the aku
Another fracture on the posterior bone of the skull, slight
fracture or tho internal table : a wound on the cheek bon
and on the muscles of the head and face. Death ensued from immediate concussion by destruction of the nervous systernv Could not say whether death was produced from either of all of the blows. Could hot determine whether in flam mat fort would or would not have been consequent upon the tractate. No depressions were found cpon the skull. No extravazaiion or apparent contusion of or upon the brain. Cross-Examined. Cannot tell which of the blows did produce death. The effect of the blow of Ballinger was
apparent at the moment. Cannot aay whether independ
crowd, hand.
and ha J ar
Saw" nrgro Urike
of brick büt irt a man in the back
each
with
a etone or brick snd the man's hat füll off. Then turned rout.d' and threw at Davis and knocked hi in d wn. Negrofthfew oflierbrn ksot4 stones, and other persons were near being hit, particularly a child on the side'Wiilk.. Savr the blood run down Wood's hair. Thinks that one roek was throWn before the negro turned rotiu& Thihkr the' negro bed turned round before Davis hit him in the side. . ... ' Directs Examination Resume J. Hunt's' house is close to Armstrong's tavern. The negro's face was turned towards the pomp. Negro turned round whn
Wood approached him with the stick in hii hand
, l 1 . m - . 1 ...
crowu wnen ne mrew at me negro. Witness saw
Lallinger standing near tlie sign post at Armstrong's and crying out ''kill the netifl ." After the negro 1JI 1 Til,'- Jt. .. W
naa Kiiocxeu jjavis.uown, uainnger lolioweu the negro and caught him by tlie collar, an J taking a club
in one hand struck at tlie nero, which blows tlie lie-
n I i - i" 1 r .t . . . . 1 1 1 ' i t ,
I B,u ifiiueu uu. ne men iook me ciuo in Dom lianas
and sgairr struck thc negro over the head and knock
him down. The club was a common sized hand-spike
a.mui inur ioei .Jong, adoiu xue time uavia was
knocked down Bailinger stepped up to some oerson
having the club, and said give me the stick, "I'll soon
hx him. w itness was acquainted wrth the nerro
ins name was John i ticker. Wood then came to
' where the negro was lying, and struck him twice over
tlie bead or shoulders. Witness could not see for the crowd the precise place w here he hit the negro. Some person then caoght the stick of Wood, and prevented
lunner blows. .
Court adiotirned- tmtit tornorrd5w morning 1 fl
I
y. Afterwards saw Bailinger coming up thc t of other blows, Ballinger'a blow would have produced wfth his' mouth- bleedrnjf. Did not see the fi-ht. D ' b,'ow 7 k d n!,h"e prdu,C,d '.Ted",a , Pv,, -5, , , I deaths II would not have done so unless inflamma
tion had supervened, injuries do not alwaya show an immediate effect. The weapon: used by Bailinger might easily produce death by a single blow. Tlie sliill was very strong.
Da. DoKLAr. States, the external parts were separated
walk and saw Davis throw a brick and hh the nerro upon the sknll two or three inches. A slight fracture was
on the back of the head, w hich knocked hrm forward
and brought tbe blood. The negro then retreated to
the north 15 or 20 feet. Wood then appeared with a
club, near three feet long; two or three inches in di
ameter. Wood inquired tor the nezro. and voices
apparent out aide. A worse fracture on the inside. Either of the blows upon the skull were sufficient to kill The orick thrown by Davis might have alone produced death. A severe fracture of the cheek bone. The death waa occasioned by concussion produced by several blows.
Lross-Jjxaminta. ihe ertect oi concussion ..is the
said there he is. Wood approached thc nesrro. and destruction of nervous vr.alitv. 6f idbseouent inflamma
the negro told him to stop or he would throw. Asltion. The bfow of Bailinger might have produced instant
Wood advanced he said he would kill the damned ne- death, but might have been materially aided by the other
blows. Internal marks of injury are not always fatal or incurable. Thinks the man could not have bean resuscitated.From the nature and size of the weapon uied by Bailinger, the blows might have produced immediate
death. From tho other blows there is a possibility that
tlie man might liave recovered. It is possible. that the
blow of Bailinger alone might have produced death. It
waafa peculiar ckull, being very thick and strong.' , Here the counsel fur the State suspended the iutroduc
lion cf further testimony lor the present, two of the
witnesses .being sick and not in alteudance.
3 .' MMMM ...... . Fridav, July 8 Court met pursuant5 to adjournment.
AJavid JOSF.S.- states, on the 4tn July, saw a row in he street. First saw the negro between the pump and
Armitrong's tavern. The negro and Wood were both
Lfcedine the negro was retreating up Illinois street
SaW.Davia fall by the blow of the negro. Saw a club in
tha hands of the neero. Saw Bailinger run up and hit Inrri once. When the rieiro got the club. Bailinger run
and left witness. Saw negro pick up the club after Davis
n ..: u 1 n , I fell. ISnllingei took the club out or the negro a hand. . Dav s head .was bleeding at Suod 3 or 4 leet frorn Bailinger at the tiine ß! elrück the
stood aoout 10 leet trom Davis, or nteT0. Does not recollacl what was said al
gro. fcaw wood sinne tne negro alter Balancer had
knocked him down. Saw the brick which Davis
threw; examined it. Believes the brick in court to be
tlie same.
Cross-examined.-Saw Davis's head Heeding, and
sorüb person' holding him, after he had been knocked down, as witness supposes. -
JoPErn A l.vtfr. Slates, saw Wood come into the
crowd with a euro in his hand, w uness caught hold of Wood, Wood Baicf,''let me go" as he would 'till the
damned negro. Wood went towards Öie" rieTo. and
the negro turned towards Wood. Wood: squared up to the negro. Witness called upon the crWd to suo-
pretM the riot. Afterwards saW thi negro yrprr dead". JosEni I. Stretcher. States, that he came up
just after tlie negro was knocked down near Nor
wood s fence. Ahe negro never rose again. Saw Nick Wood strike the negro with a stick on thc head or back of the neck. Saw Edward Davis throw a
brick or stone aud strike the negro 011 the back, after
the negro was down.
the time. Witness
nearer, is sure that it was Uaws who threw. Cross-Examined. Witness was the. first man who got to the negro after he fell; wiped the blood from the negro's face with the negro's shirt. Davis was about eight feet from the negro. Afterwards thinks lie saw Davis with his head bleeding, and some person had hold of him.' Could not see who it was that gave tho blow that knocked the negro duwn. Bascd
I about the injury
sustained by IJavi when lie was knocked down. D
not see Bailinger strike or do any thing until alter. Davis was knocked down. Don't suppose that Bailinger could
have thrown before Davis wm knocked down without witness hsving seen him ; had not his eve on B. all the titrie. If Bailinger had hallooed, witness thinks ho should have heard him. Saw negro throw two or three
tunes. MW negro nil a perxon who was norm tt linn
with a brick bat ill the siilu ur back. The uegro showed
Dr. Job L. Ricixosd. States', he is acquainted with
Nicholas Wood. When Wood is intoxicated he becomes
Dalislly insane. Has frequently seen him when iutoxi
cated and the result is that he is prone to quarrel and fight
when he has been drinking. Cross-examined. Some men have their mental faculties as well as ever when they are drunk. All men are not affected alike by drunkenness. Thinks a small quantity will intoxicate Wood. He is near about as strong when he is drunk as when he is sober. When witness saw Wood shortly previous to the murder, he thought him excited, and this excitement he calls the first stage of insanity. Thinks Wood was capable of knowing right from wrong. Never saw Wood so drunk as not to be conscious of the consequences of high crimes. Re-examined. Thinks Wood when intoxicated reckless and regardlese of consequences. Miss Mary Ettsler. - Saw the negro pick up a brick bat and throw it and hit Wood on the bead. Saw Wood pick op a board or slab and go towards the negro. Was
in company with John bmock.
Cross-examined. Saw the negro pick up the pnti be
fore Wood picked up the stick. Sure of it. (Witness
was evidently mistaken in her after statement aa to localities.)
WiitiAX I'sTtas.- tates, saw Wood approach the
neero wun a suck, opposite Armstrongs, ine negro
turned and told Wood to stop or he would kill htm. Wood stopped, and the negro continued to retreat towards the
mouth of the alley, lfrickbats were tnrown al tne negro, and the negro turned, threw and hit Davis and knocked
m down. Saw Bailinger have hold of the negro, strike
and knock him' down. Saw Wood come up and atrike at
the negro after he, was down r some person caught the blow of Wood and bia stick seemed to hit the gtound.
The blow which Davis received was severe, baw him af
terwards, with bis head bleeding', neaf the face.
Crots examined- Thinks the crowd first commenced
throwing at the negro, and hit bim. Ahe negro' then threw at the crowd. The negro was hit once or twice before be threw at Davis. He retreated sfter he was hit be
fore he threw at Davis, and yet retreated. The next be aaw waa the contest between Bailinger and the negro.
Court adjourned until to-morrow, 8 0 clock. Sattjidat, Aug. 10. Court met pursuant to adjournment. IkuraiiT SxmT. Firet saw Wood going down the street after the negro with a stick in bis band. Saw negro throw at Wood and hit him on the head, and gs towards Wood and they clinched. The crowd parted them.
Saw the neero alrurk with one rock near the pump, but
don't know who diJ iL The negro was Handing up when
he was hit on the side of the head. 1 he blow waa not
very hard.
Crots-expminei. First saw the negro going west, then
saw Wood follow him. Wood picked up the stick first, and afterwards the neero picked up the rock or brick. The
neero met Wood more than half way. Afterwards saw
Wood with a new club or swingle tree. Saw the brickbats
ffvine.
Josxrit Bxtf. S.itcs, first saw the mob after they,
Wood and the negro, were parted at the pump. Heard
Duckhert ssv. MbT G d, I ued to te a negro driver, and
you hsd better leave of you will he killed.'' Saw Davis hrt the negro; sfierwsrds saw the negro' hit Davis, as be bel'ves. Tbe negro hsd a brick in his band when Davis
threw. Saw Baliingcr hit and fell the negro, baw VVood
told him to leave.
Robert Wills. States, first ssw Wood near Heddert 1 1 ! . . a . .a
y e near a sau Darrel lining at tu oa trie negro coming
across Washington street, and heard the negro say Myott will see fun directly." The negro pessed down the street.
Wood followed until the negro hit him with tha bricL
The negro had a brick bat in his hand aa he croased Wash
ington street.
Crots-sxamincd. At the time that w ood was lifting1
st the barrel, the negro made the remark, "yon will see
fun directly." Does not know when the negro reached
the north pavement be went angling westward. Tbe negro was east of Wood when Wood was at the barrel. Did not see the hegro pick up the brick which wilnee saw in his hand.
Dr. Evaks. States, that the blows riven on the front
and aide of the skull, (by Balline-er,') would have been
fatal immedintely. Such a blow, from such a stick, pro
duces a jar which suspends the action of the brain. Tha
The efJect is by concussion, by extravasation or internal
rupture. 1 hinka the effects, in this instance, was cencuesr,s r a. i .a a m . J
ston. ineenecu oi toe diow on the back of the bead
would probably not have proved fatal. Tho back part of the scull being the strongest. ... ,
Cross examined. Thinks the blow on the back of the
head might have contributed to his death ; a repetition of blows would the more easily produce death they being; equally hard, the continuation being injurious. A blow on the bsck of the head may produce concussion.
James Kerlik. States be aaw Wood and, the ne-
gro id the atreet. wood came into witnesses ,gro-. eery and inquired for an axe bandle, and said be wanted tat
kill the negro. Took bold of a barrel of aalt, and said he, would kit him with that Heard the neero say that . if
Wood did not let him alone, be would hurt hiaa. He
shook his fist at Wood. This was near Preston's awning. Did not bear Wood speak to the negro. Wood was pretty drunk. Waa laughing and appeared in good humor.
Crott-Examined TiegTO might have heard Wood ask
ing for the handle. The negro was west of .Wood w ben
he crossed the street. Did not hear the negro say .?Yotx will see fiun directly." Thinka he should have heard it, if
the remark had been made. Saw Wood take op tbe slick
near Blinoia street. Did not see any atone or brick in the
hand of the negro aa he crossed the street. Would have
been nearer the negro than a man could have been at of near Harlin's grocery, and could have heard better.
Dasiel McCrxart. Stateahe came up about tha
time of the scufile near the pomp. Saw the negro north,
of Wood, with his, or a little boy asking him to go away.'
Was struck with a brick on the back while running in
Illinois street. Had not thrown and hit the neero. His
back was towards the negro when he, witness, was kit. Was coming South, out of Blinois street, towards the Palmer House. Was about 15 feet from the negro, when hit- The blow was severe. Crott-ExaminitL Was running to get out of the way of the bricks which were being thrown. Had run about five feet when be waa struck. . At no time during that day had he run North towards Lister's stable. Did see some person get hit who was running in that direction. Saw Davis knocked down; does not know who did it. Saw Wood with a stick in bis hand. . Saw negfo pick op stones. Heard voices cry "kill him." BssjAif lit Lobacgh. States, the first thing he saw was the scufile near the pump, and got there about the time that Wood and the negro were parted. Witness advised negro to go away. Othere said that Wood was te blame, and that be ought to be whipped, or that the negro
could whip Wood. The negro then remarked, as witness thinks, that he could whip any white man. Saw the negro struck by a brick. Afterwards saw Wood with a stick and took hold of him. Cross-Examined. - The negro was about to go away when two white men told the negro that he should have fair play, or that he could whip Wood. The negro certainly use the words "whip" and "white men." Understood him to say that he could whip any white man. Witness was holding Wood, and Wood was trying to get loose, after Wood had returned with a stick. When Wood got loose, be pursued the negro, and the negro told him to stand off or he should hit him. Wood stood off. The negro kept trying to get off; witness stopped Wood the second time. Saw the brick-bats flying; heard the cry in the crowd "kill the negro." Saw Mr. Davis come up by the pump about half a minute before the negro was hit, Saw Baliinger strike the negro. Saw Wood come up and strike the negro after he was down. William Poland, Jr. States, saw Wood and negro at the grocery on Washington street, where the negro was first stricken. Saw them scuffle near the pump. Saw the negro cross the street. Does not think any thing passed between Wood and the negro as they crossed the
street- l ne negro cams on to tbe North pavement between Kirlin's and Preston's.
Johit Bishop. Ssw Edward Davis about an hour and
a half before the affray. Thinka be waa somewhat intox
icated. Witness told him he was drunk.
Dabiel McNabb. States, aaw the fight at the numd
at a distance, then went ovei. Heard th n. ..J
Davis hsd cut his head. Buekhart told him to ra
Jerry Day and E. Dollarhide told him to atay and that he ahould have a fair fight. The negro then picked up some
bricks, and said be could whip any white man. Ha started away, and some person hit him on the shoulder, when he turned round, end when Wood approached him. he told
wood to stand back or he would throw a brick through
hi nil It was after he had been stricken on the bead bv
Davis, that the negro was encouraged to stay, aa bia head was then bleeding. When he said that he could whip an white man, he then started away .
Cross-Examined. Buckhart told the negro to go way. Day told him to afay. The blood was runninr frem the
negro's head and be was wiping it oft Heard Davis ear
that he did not hit the negro. W hen the crowd started' up after the negfo, witness was in the crowd. Tbs was a good many brick-bate thrown by persons in the crowd at the negro. Does not know Dollarhide; but others said it was Dollarhide who urged the negro to ctay. Jon BinnLS. States, that be saw Ellwa'rd Davis knocked down, shortly afterwards saw Bailinger Uke hold of the negro. Saw BaHingcr throw once at the negro. Cross-Examined. The negro had been retreating before he threw at Davis. Is certain that Bailinger threw at him; but did not hit him. Bailinger had nothing in hie hand as he .went to the negro. The crowd repeatedly cried "kill him." J Samuel Hesdersok, introduced by the -State, says: He was in the upper room at the Post Ofhci? first saw from an upper window the negro about the middle of the afreet, as he waa passing to the pump. Saw him blowing blood from bis nose. Saw Wood approach tha negro with a Urge stick or piece of plank, and seemed to bs close on the uegro, with the stick elevate J. They were'
.