Terre Haute Daily Union, Volume 1, Number 213, Terre Haute, Vigo County, 16 September 1857 — Page 2

T3WJfi

tOSO, Am*cial« tiltoft

TKHRFI-KATJTE.

wKfeftBJ*»W M6RNtN6.*«EPt. Its, '5?

Vigo County Circuit Court

CHUU^IH. THOWTSOX.

Damd HJStrmmge

SSjE^ESI

Gross

testifies ss follows:—He

9nn»

mslifc time, and wu present at Uie^diffieaUjr

bet«e^» Winfa lWckrifi^, lfarch3,1&$.— The first lie saw of

tbeas they were standing

P*8ewjJuar^.

Bill went up ment,

paper In hb hand, and thutr?

to defendant with a paper tn his hand, and _:ti, diffictiltv.

the gurMiion but mot fStit ttim

Defendant

rX

ihcn patted hi* finger nt the middle, and mid to

thp paper

him, pointing, write tki$

&J° "did y»M VD.frU.nl answered: wrote

rxnmintd,—He

he

manger."

slift baAf and

threw kim round, and the defendant fell opon hi* knees *td threw Himself forrscl upon his hands. 8111 was on top of him. James McKjrfn then ran forward and said "fhat won't do," and took hold of Sill, when William Beadle ^selzod him and palled him away from SU1. Sill struck defendant once that he saw, while Beadle and McK*en were engaged. McEwen said "What in thrnomrof God ore fro dc^u^lanMeaekamW JJa««Meachamthen cam'1up"ami took h-ii)ofSiU,and Whit Poett said "let tkem alone" and pulled him away.— The defrhflant here got OR top, Sill taming orcr^r Their feet were lying iu opposite direo tldtfi iind they had each ether hy the wrists in sume way. Bf this time the teacher came ont andtofff defendant to get up. Defendant said to&ll"|fffl you let me alone?" Sill made no rlffljr.' The teacher then told defendant again to gstup, when hc^placcd hia knee upon Sill's aide and sprang away from him, and then turned bis kf^^to the crowd, and worked his hands and put them in his porfcet, as though ho waMbutting knife. Sill was then helped up ana defendant hnd gone off 20 or 23 feet. When Sill got up he said "I am cut" Sill then started home and so did he (witness) and aaw^M more ef the parties. It was about lire mimiTe* from the time the fight commenced till they quit. lie was where he could sec all. HUlhit defendant with his fist, on the shoulder, when he was on him. He was the last oat of the nchoot. There was blood on defendant's right sloeyp qnff when be got up and some snow in lilifhiir. Sill's size was something that of defendant's. The fight happened North-east of hnll door.

was In the hall when

they came out of the door. Saw both Puctt and Beadle when-(hey getont. McEwen took hold of Sill, when Beadle took hold of McEwen and paUsd him away. Beadle assisted Sill togi up, and was holding liim when he said"/**/ «/." Ho don't know which hand was out. When defendant was dewn Sill had his knse on hiiiQ and struck him with his fist. He (witness) did not see defendant have a knife—he looked like he was shutting a featlfe —him ellwtrs were moving as if he was—and

"Wn8* M/«i

don't know why. 'Sill and defcadant were

he should not be hurt. He was close by and thinks he should have heard it if It had been said. .WhHv SUl rs were generally around the door. -Ho did not «e« the defewdant's eye bfu|jeAIrClufc lifct saw blood 6n hia right cuff.

1

Alfre*i Stork testified as follows:—He wu aapjaipfied wjth both SHI ind defendant, and was present at the difficulty between them.— After he got out of the door he turned around and saw Sill presenting apiece of paper to dagMmivl H*J*W Um

hii

fDU

yen

trritf

dug?" Defendant answered "I did." Sill (hen struck or grabbed at Mil.

The^«thehl

got off the step. When he next SAW them, &mx &A tfcf&ltiant was on top. Mr. Condit then cane out and told defend ant to get off.

walk after getting up, he (witness) saw him Wnett

metiddlb&^dlK&ifpat fefc h* poek*t-«nd blows

he thought he heard a click. When Sill got did Qot strike

upgeydleff^U eem^l^Rid if hs«s he was cut. was assoon as t|ut l* puUed his coat ic and siowed bis cut, but don't knoW5{^ho had hold off him at the time. He did nothing when h* got up. till he sii6Wed the cut. He noticed hift ^wh«at be was getting on his feet. Mr! Condit said hb hand was bit.— Did not'^ee MaEwen come up. Don't kitfw who helped Sill up. jGia't tell largest Sill or defendant Sill was tlm*|fmktcst. When Mr. Condit came up defendant was on top.— They were lying ea*i and west, with th#r jfeet U»f same way. As soon as defendant said he wrote the paper Sill took hold of him, but he don't kaew whether be struck him or not He dkf not aee defendant strike Sill at alt. He did not hear him say anything or make any noise when he got up. He doos not pretend teeny positively that he heard a click when defendant put

hanA* ta his peebt-Ut is hardly an impjeaeio*.

P1fees*

Smkh testifies as follows:—

He knew SiU* knows the defendant and was present it the fight As he came ont from school StH and de&nd ant were standing together. Sill pre* ani wetu stamung logeuwr. om pre-

to some lines upon it. asked him if wrote them and defendant staid he did.

Sill Shea made a lick at him, and Sbey got down—8tH on top. Jatnae McEwen ran tnd

WM

(railing at Sil]

when Beadle palled him awsy. Me* Eweu hallooed to Meacham and said What are you doing? why don't yam kelp W" Meachatn then advaaced towards Sill, when Whit. Poett intercepted htm and would not let hint do so. Mr. Condit then came oat and tola defendant to get up and defend* ant said "I will, htwill not hurt me." Sill got up and walked off His hand was cat and his sleeve was bloody. [This -witness was quite young and

very much overcome by embarrass-

so that his testimony was heard

The

defence

declined

with difficult. The defence declined to cross-examine him at that time— preferring to eall him hack, if they desired to do so, when he wonld be less embarrassed.]

THIRD DAY: SATCRDAY.

Wkiicomb Puett was offered as a witness for the prosecution, and upon being interrogated by the defendant's Counsel, it appeared that some one of the witnesses who had been examined had related in his presence the evidence he had given. The defence objected to his proceeding, and he was finally withdrawn by the prosecution.

dantgot on top. McEwen halooed "Kill htm, stamp him to death." Mr. Oondit then came out and told defendant to get off—he said: "I will not unlet* he will promise to let me alone/'— He then got off—and Sill got up—one of his hands was bleeding—he pointed to his side and said, "look there"— Mr. Condit said,

4'he

is hurt bad, let

us carry him to the doctor's." Sill then started off, but fell about fifteen foist from the place. He was then taken to Crain and Allen's office*— When his shift was raised, his entrails were sticking out from the wonnd.— The last he (witness) saw of defendant, he was near the Me'.hodist Church, going towards home. McEwen waa about six feet off when he halooed to "kill kim, stamp him to death"—sad he (McEwen) made several passes at Beadle when he was keeping him off. He cannot state the position of defendant's hands at the beginning of the difficulty. Sill had bold of defendant's hair, and pushed him right back upon his back. This is all he (witness) saw until defendant got on top.. Meacham was standing off five or six feet when McEwen

off when he was down. Saw no

ne

was aown.

at all

between the

parties.

Sill

defendant

with hii fi*t,

but made at him with his hands.— Did not hear defendant say any thing after the difficulty was over. He saw blood on Sill's hand, but did not see any On defendant did not notice him particularly.

Cross examined.-—When McEwen halooed to defendant to "ktU him, stamp him to death," defendant was on top—did net see defendant do any thing after that. When Meacham ran np defendant got on top. The struggle was bat a short time before the teacher came ont. MoEwea hallooed while he and Beadle were scuffling when he hallooed he nsed no name. Tha defendant waa paaceable and well behaved at aehool, never knew him engaged in quarreling. The parties were on the ***$* the eeafte commenced. He did not know defendant before he came to Kockvilfc—was as intimate with kin as any body else was. jS^He (defend nnt) was not at eehool anerthli tcnsanotion—never saw htm after that.

StoUg Prnem testified as m»mis He was acquainted with hethpartiea, vent to school at the tame the liiffienlty ooeuned, hot cannot any be obeerved defendant that evening or

rending at the poat [Bare tile witnewexhibfced his own poclnt-knife and said the blade of defendant's knife was nbotft the same length as hU, bat not so "sharp povntel and tooaAer.] He (defendant) showed him (witness) his Vnifemnd called his attention to the edge of the Made, and said: "Tki* it attkarp a knife me ever came to flw tchool komee.'* He said nothing more about it, and he (witness) did not notice bat the one Wade. The knife had a white handle.

Oroee emanated*—Defendant wag not at all excited when he waa talking about his knife at noon—he merely had the knife In Ms hand and teemed to happen to talk about it. He (witness) was at school that ^ternoon, but left before school broke,

Dr. B. J. Rice, testified as follows: He saw 8ill about 3 or 4 o'clock, P. M, on Sd of March, 1856 in Crian Allen's office—he was pale, as witness supposed, from loss of blood and from pain—lie was propped up on a bench, with a chair under his head— there was* wound in the abdomen— his bowels were protruded about the size of a small child's head. There was another wound in his right hand— the muscles which connect the thumb and ^alm of his hand were severed——the end of one of his fingers waa cut off in front of the bone—the knife had stopped against the nail or bone of the next finger. He very soon saw that the intestines were wonnded-the wound extended through the abdominal wall or 2^ inches in length: it was below the ribs, on the left side, downwards and forwards. The bowels were cut 1^ inches in extent —a small quantity of their contents was npon the wound in the bowels—and a portion of the bowels was distended with wind and a part was collapsed. Mr. Sill, the father of deceased, a*ked if there was

WUliam, McEwen testified as followed: he knew Sill and knows defendant—waft present at the fight. When he came out Sill and defendant were standing on the step—Sill on the east side. Sill pointed to place on a paper in his hand and said, "Did you write tkatV' and defendant said: "1 did not," Sill then pointed to another placc and said: "Did you write thad" and defendant said, "/did."— Sill then made at defendant and pushed him off the 6tep, and he (witness) did not see any thing more until he saw them fall. After they were down •lames McEwen started to run up and Beadle ran in and prevented him. McEwen halooed to Meacham, Where art you, why'don't you pitch int" Mea- as his opinion that he could not live, cham ran up and by that means dofen- from the condition of the wound, as

for

sny

chance

his life, and he (witness) gave it

ho was satisfied there had been an extravasation of the contents of the bowels into the cavity of the abdomen.— When he made the remark that, in bis opinion, he oould not live, he wss at the feet of deceased, and does not "know whether he heard it or not. He afterwards took a small needle and with a thread closed the wound of

tho

intes­

tines. He replaced|tbe bowels as soon as he closed the wound. There was another wound in the great omentum—the part next to the abdominal wall—also, a wound of the mesentery, which connects the bowels to the spinal column. It was not so large as the wound in the bowels—it went through the mesentery, whichs not as thick as the hand. He made no post mortem examination, and did not probe the wound, as he regarded it improper to do so. If great pressure was made at the time the wound was given, It might have been made by a short instrument—3 inches in length, or may be more. He died in about 86 houm—his death was produced by inflamation caused by the extravasation of the contents of the bowels into the cavity of the abdomen, occasioned by the wound. His health was good before the oocummco.

He was carried from Crain A Allen*# office to Mr. 8ilPa house en a lounge. He (witness) was there that night and the next day. He had a conversation with Oscar Sill after he got

in his

father's house. He asked

(witness)

if

wy^i

he thought he could re­

cover, he (witness) evaded the question and told him that he waa badly or dangerously wounded. Sill then said

U1

don't believe that I can pet well,

far/know that yon and Dr. AUen think the* TU die." If be (witness) made any reply to this, what was said was merely something to relieve and divert his mind. ISs said to bis father "is W dangeromsf* He said this at different times "lam dying," "let me alone* 'iet me die," "stop working at

He repeated these expweeions

generally only when the pain came on him, in paroxysm*. SHI waa taller than defendant, but defendant eeerned to be heavier set

Oroee examined. Ha prescribed for Sill when he the wound. Hefavakuasop dy and morphine, he tank no cine after that except brandy and morphine until Iw atsnssd to some extent, and ooatinued to ndmfeuator brandy nnd morphine evety how* but ha never fairly moused. Than was no ttuntsanat except disssiag Us wound nnd giving him opiates to talicve lbs pain. Ha does not knew

tie fain waa abated by the

cavity of the abdomen. As regards the sise of the wound he did not measure it, but formed his opinion of the depth from the same facta as already stated. If the body had fallen upon the instrument, it might have been dene with a small instrument. SilPs muscular develop me^t was veiy good for a boy of his age and he was large and well grown. Dr. AUen and witness saw Sill about the same time. [In answer to a question from the Court be said he thought there was a wound iu the mesentery, and that if the knife had passed around the bowels and wounded the mescentery and not the bowels, it would have complicated the external wound very much, by shattering the nervous system, as the mesentery was full of nerves and blood vessels, so that the point of a needle could not be placed updh it without touching one.]

The Jury was then discharged at noon —until Monday morning. FOITRTH DAY *OStAY. 0. J. Jnnis testified as follows He is acquainted with both parties to the difficulty he cannot state positively the comparative weights of the deceased ami defendant tbey weighed in hia store about three weeks before the difficulty he thinks Sill weighed one hundred and thirty-six, and defendant one hundred and fortyeight ponnds, with a heavy over-coat on thinks at any rate that defendant weighed the most.

Cross examined. Itecollectod he was examined before the justice at the examining trial said there he could not recollect then their weights—since then |has recalled the fact of defendant's having his over-coat on when weighed, which makes him recollect the weight of defendant he had on a heavy over-coat thinks it weighed five or six

pounds—never

generally saw him going to and from

his father's bouse to school. He went

dU

tied together with a chain. Doea not

and

bran

CMK,

opbfcee, or net, aa pain upases before death In sncheases he dies not know positively whether or not lis (Sill's) statements aboat his recovery, were before or after hia statement* about the affair. His statements as regarded his death, generally occurred at the time that the proxysms erf pain came on.1 There was but one external wound on the abdomen. It was not probed, aa it waa not right to do so.—, .mum.,

«V°,rU

Oroee examined. Mr. Obadiah

had hold of

the coat: they weighed frequently in his store within a month before this difficulty—does not recollect of James Cox being present when they weighed.

David Kirkpalrick testifiod as follows:— That he is acquainted with defendant: as soon as he heard of the occurrence, he, as sheriff, was requested to arrest the defendant he went to bin father's house, went to the bsck door, while others went to the front he was not to be seen in the bouse he looked in the kitchen and stable, and could not find him. He

coat.

0f

not tin. antilha nw

onQ

know what defendant's character j0hn H. Adamson wss the agent apfor neaoeablenees was: he confined pointed by the Governor to receive

examination took place. It was some £rai» testified that Oscar Sill three weeks, after that, before the ex-

wa

refined to let the Connect

for the defenoe aee, or haw the pee of it, in the examination of their witMane. Ths latter insisted that it waa their paper, that they had brought it hero upon a notice from the 8tate to prodnee it, and upoei a SMbpemm dmce*

and thatasthsy had done eo, was ptwpariy i» the poasssiwi of the Conrt tr beneed by bmtk sides. They thnisfois mnTad that Couassl for the defence be required to tarnish th** the

aa

proeecutton.} fe, UtkongU As trw.BeaWiUtrnm If. Jicadte was here recalled, then got maid and left the chair, and said that he made a mistake in and said "h*would ASM nothing more aaviur that he ba only made one at- to do with the society.'' He left the _, V- two was room also, and defendant followed^ fid.r.t tW k. mKtetw. on. «M

eulty. don't reeoHeet whether he told

He (witness) made no examination him diet he told Sill to let him whip fendant were great friends, they weiW internally. It was from the facta that defendant he might have told him, together a groat deal. On the day o£#

fidl laa6 ftfeim wKin -J^

wound, and its sue, that he concluded ]et htm alone when he wante«l to whip __u Tu. 1 that there was aa emptying into the defendant. Mr. Maxwell suggested

to him the mistake he ha-i made about the affidavit. .,?• *Oeo. W. Sill testified as follows v— The deceased was his son. After the defendant escaped he got on the track of him, and followed it until he found him he went to Natchez, Mississippi, and after staying there seven days, caught him* He saw some trnnks at Sullivan, followed them to Evansville, where they were placed in an express office, got their address, and followed them to Natchex. He was not with the persons who arrested him. He left home the 19th day of June got home about the 15th day of July, with tho defendant. Says when he first went to Crain «fc Allen's office, where his son was, he did not say r.nythirg at first Dr. Ripe came near him, and he aked him whether there was any chance for his son's recovery he answered there was not it was in a low tone—thinks his son heard it, as he looked at him directly. Tho next morning, about eight o'clock, he (Oscar,) told him ho had heard Dr. ltice and Allen say that he would not get well, and he believed he was going to die he (witness) took hold of his fingers and twid that it must hav«been a very sharp knife to cut them so his son Buid that defendant had been lying on liim so long that he could not stand it nnv longer. He (witness) ask-nl him why he did not tell him about their difficulties He answered that he had not spoken to Thompson fur ten days before, thinkinff he would let him alone, but he wouldn't." He said he had got the cut on his hand by trying to cnt 'h Thompson by the wrist, but he missed and caught the blade of the knife, and got cut by the knife being drawn through his hand." He (witness) told him that he did not regard that as anything compared with the other, and asked him why ho did not halloo. He said that he hallooed but it was too late.' It was in reference to tho cut in his side that ho hallooed. He stopped talking Sere. He was born the 15th of October, 1840 waa fifteen yeais. four months and nineteen days old. He doe* h~6t know what his weight was he weighed him first thing that

a whi|,

pat ia Uw of the oiher Ui«t to catMWk togtlher, uid Bmmade them both before the same jus- die seemed to be reconciled, but he tice.

Mr. Ubauiah J. lnnts snout we mm-

A

before the difficuly. His coat, His jef,. j,e have struck four vest, his pants and his shirt were cut or five times. He struck him fint through his coat was bought for an about the eye. lie did not see any over-coat, but was worn as an under- knife in

to Mr McEwen's but could not find in it, and there was a little cut in the heard Sill say while defendant was at AlA -1 htm nntil ha nw collar of his coat He was strong lot the bottom, I'm

hu bat Bot

him two or three mouths afterwards On#* examined. Hfe did not dis- top, be then bald Sill's hands. I)ein custody of Mr. Sill and Adsmsou, c^ror the cut in his collar until reoent- fendant was on his belly when Sill who pnt him in jail. Cannot say ly did not discover the cot in his hat said "I'm cut," or he'e

two Sill or defendant until sometime after the occurrence He did not see defendant on his back ... "-'"J does not know how long. Defendant during the difficulty. John Strain was the largest hxl a a!«ter livina in Natcbex. After and Whit.Puett told him (witness) to let them alone. He did not hear Me-

does not know how long. had a sister living in Natchez. After

(hoe* examined. Defendant was he got him in custody,he made no efhanded over to him as sheriff of the fort to escape there were iions on eoimlT: U«ot«lMkr*cnot W« v. during the night. The requisition be he had on hand-cuffs hts legs were

there was a ent through the rim defendant with a sharp knife be

his hat and a newspaper which was had had it some time before. Ho

U|e*Governor vu general

jje (witness) made the affidavit

brought

amination. He had only the author- ficulty be picked hb hat up after be ity ©f a requisition. fThe proseeu- waa token away and saw a cut in the 1 rim of it, and a paper which was inside of die hat, whU w« also cut which had been before identified, as in tbe paper was like that ia the hat

evidence—objected to by defendant** vwnxJ was ruled out by the Court At this point in the case, one of the Counsel for the piosocutfonfolded up the paper and put it in kia pocket,

to his office after the dif-

The evidence for the prosecution here dosed.

KVIDEKCX

roa

THX

«,iv, nu." D.f.nd.nt «ft«r IhU gol o,.

cerawcs.

The defence commenced their evidence by the introduction of Jamee Meacham, who testified aa follows:—He knew both parties to the difficulty. Sill and defendant waa present at the society at the time the difficulty occurred there between Was. Beadle and defendant Sill waa on one ride, in the debate, and defendant on the other Wm. Beadle was president defendant waa. endeavoring to prove that the disturbance in KHSM wue ceased by the Emigrant Aid Societies, when Beadle interrupted him and enid

remarked to

paper, but tbe Comt declined to inter-jw ia debating p*y furilter that

Defendant

,dJ

does not know what passed betweenr

He talked with them. The Society afterwanls proio«-» .bo»t th. dim-

10

dec'defend,nt|

iw

nnmimU)d

0®"™- SielectedWM"

ami

H|

.u v*»» «...

Qp t0

time Sill and de-'

if a 4

in school the paper was, before that* on defendant's desk "Af(witnes8)wro#e the answers to the question* cm U."— Alva Hart got it from him (witneea) there was no combination between himself and defendant.. Sill came to defendant while at the desk and said to him "Did yon write thist" Defendant said "I did not write the answers but I did write the questions."— Sill said "I'll settle with you ajter echool." Sill was very mail. He did not notice anything unusual in defendant. When school was broke (hat evening Oscar Sill nnd William. Beadle weut out first he saw them stauding together by a lo/ust tree defondant cam3 out after they did, and was stauding in the door Sill came up to him and said "Did you write this?" Defendant said "Jwrote the questions but not the answers I did not intend that you should see it." Sill then pftiiited to a particular question and asked defendant if he wrote it defendant said "I did, but not the answer." Sill said "that is enough," and then struck defendant on the eye ho then took hold of defendant and threw him around, with defendant's back towards him ho then threw him down he don't know how long it was, but •ifter a while, Sill got kind of weak and rolled olf he (witness) wanted to part them, but the boys said "let thtm jig fit it out John Strain told him not to part them he started to part them hut some one stopped him. When lefendnnt got on top he had hold of Sill'v ban Is pressing them to his brca?'. Me (witness) saw McKwon and Dcndlo lighting together. He has scufiled with both Sill and defendant could handle defendant, but Sill was as stout as ho was. Defendant had no quarrels at school bcfo:c this difficulty.— He was a favorite in school hail been elected president two or thiee times. Oscar Sill looked to bo the heavier of ihe two by a good deul. lie did not sec Thompson after the «1 iffifwlty until he got d^wn by the Po.»t Office ho was going towards hom- ho was not running when he saw him.

Cross examined.—lie was sitting by defendant when sill came over to tho desk to ask dofen!a.tt about tho paper did not talk with defendant attir Sill Udt. Wo were sitting together. perhaps \lva Hart was sitting by. We did not look over towards Si 1 aod Luigh.. He (witness) went out ahoad of defendant he don't remember which got on the platform first, defendant or himself. The first thing he sow after he got ont was Sill presenting tho paper to defendant—or t&ther the first thing was Sill and. Beadle standing by the locust tree.

the fell before h?s recollection is he senting the paper, was to strike and weighed on, hundred «"d nineteen lb™ iinmedmtoljr to grab, prclljr .nAnttia much both togelhi-r he struck with pounds it is three or four months

Sill

did, after pre-

gmbbcd witb

the

difficulty he

had

seen

cut,"

orhe'e

cut-

cutting

me.'*

Ewen halloo to him "what are yots

doing, Meacham? why don't you pitch in or anything of die kind. He did not hear him bslloo to defendant to stamp him," kill him didn bear him say anything. He did not notice anything about the wound in his side ne had Sill's hat in his hand after the difficulty. He docs not know Thompson's age. He knew of no, grudge between the parties prior t# this time. He carried the hat' up in his hand there was no paper init.—He thinka he noticed a fond of a sli# in it, but it was an old one tbe bat aa pretty well worn. Defendant waa -eighod to-day, and weighs one hundred and thirtv-one pounds be in laiger now than he was then. 0. J. Inni* here testifiod that

W»v

Beadle told him on Thursday night of the difficulty, that he had asked 8iU "why h* hem not let tts whip, defend*. and Sill's reply me that »h* (Beadle) an too large." He thiaks, but is not eertaia, that he said alsa that he advieed Sill not to have any-t'-thing to do with him that evening^ nrxn

OAT XVMMDAX.^

0. w. m, beinf recalled by tha see,

says

that he afatprssent a*

the trial of defendant before Jndg* Gookina on a writ o/ Ubeas cony*f He was not present at that of McEw, en as srrtsiuij The examination before OooVns waa the last pubHe one had. Tliere was no testimony 0 -•m