Show NOT GUILTY JAMES BAGLEY A fal ahee EE MAN MAII jill joltn 1 or I TUE nm sl all IY till life hie jury panic it II aas not MI at t I 1 murder ua on I 1 friday adny afternoon in in the case of the people against janies james barley bagley charged chained with assault with gintout to commit murder now being tried before judge henderson llende reon mr air and mrs mia pritchett Int chelt of mount pleasant testier respectively to having heard beard poter fetor the complainant complain anfuso UBO threats against defendant W K reid county attorney for county identified the pistol with which the shooting was as done as the the ona offered in in evidence at the pro li mnary examination swon wua wits chilled called by the he defense when adjournment adjourn d ou mont 0 t was token taken until halt half past 7 1 p in a at the evening session mr air neilson rave gave his bia testimony teH Wit is IB the justice of the peace before whom the examination took buol place ile he related some portions of the testimony given then and said that burnside Burn gida ball bad testified that ho he bad been lu looking oking for trouble till all that day at ad lie ile looked tor for trouble while defend ant was waa in in the room loom arid and right up t to the time of shooting campbell and mummy came to his hia place on that lay day and said defendant had bad threatened ened to lay them out there was nothing said at tho the examination by carlson to the effect that defendant had made threats in in relation lation lo to darning Mii Mar ming ning witness tinted stated that carl sens conic reputation tor for truth and veracity was decidedly bad ho he hail had heard beard scores of 0 reputable citizens ot of san hun pete me assert the same thiu thing witness believe carlson carlsen under oath lid did not hear bear cajhen Carli ien say hay at tho the examination that defendant had told him he had waylaid campbell and for tho the purpose of getting them together and shooting them both at tile the same time heard him say something of the kind at toy iny reel dence li bachman testified tosti hed fied for the defense said he had been acquainted with carlson for several years and his r le 11 tation was bad ilia reputation fur for paying hs his debts was waa equally bail bad christian Uh natian petersen constable at fairview view stated that he ha had known liana hans carlson carlsen aud and 11 II J carlson his bis ton son since since 1869 the tha reputation leput alion for truth and veracity of tho the older carl sea aen is ift bad visited the placie where the occurred on the tha day following examined the w all and found the bullet hole bavei seven inches from the window and about live five feet from the floor dont think defendant could have been sta standing Diling up when io be fired the pistol must have been two feet from the floor when tiei defendant fired IV K reid was recalled by prose cation hail had visited fairview dont know much about hans carlann cant say much about his big reputation dont it know no iv anything about it at the examination amina tiou carlson carlsen testified that do de fondant bad expressed lia his regret that he be bad missed his bis mark and wished he could have punctured with two balls and campbell Camp boll with one to mr johnson Carlson testified tea tined with wi BO much reluctance that many ma dy present commented upon t utter after wards warda court adjourned until saturday batur day mo morning riling on oa saturday morning sherill tur tor nor ner was waa called on by the prosecution to testify to tho the reputation 0 fit hans carlson Carl gen he be thought it was good cross examination could not re member how many or who had spoken of carlsone Carl sens sons reputation on I 1 S J harkness testified test iliad that ho he hail had made an examination ot of tho wall and ani found the bullet holo hole about five feet from tho the ground took the range and from where here bagley was I 1 should judge judg ethe the where the ball en bared aured was on a level to sir mr johnson Joh naon the hole fiolo had been whittled round with a knife so go a man could hardly toll tell from what point or range the ball came told bagbey that he had no rights in that mine mine except under Mar barning Murm ning nf james was bocal recalled by the prose prosecution cation anti and stated that hans carlsone Oarl Carl sena sons reputation tor for truth and veracity in huntington was rood good to mr Job joheson tison I 1 mean in the coal mines at Hanting tion there ther a are four families ih there ere there were only three men working r ia in the mines never told counsel mr johnson that liana hans carlson carlsen was a notorious liar judge dusenberry was called by the ahe prosecution to testify as to carl sena reputation he could not testify in regard to ftp it for or the reason that he has never been sufficiently familiar with the people of fairview t to 0 enable him to do so ao the defendant next tok tho the stand iio said I 1 came here from penns 1 vania got 5 a day when they failed the company owed me 2751 I 1 brought here for which ho still owes me supt bupt goss GOBS dismissed morning who came to mo me and wanted me to put up some money and then wo could sell coal out of the mine I 1 had tools etc anti and campbell was to give me 70 cents out ot of every ton and pay me ma for the use ilse of 0 the took morning hail had his bia family thoro there find the they y undertook to run the tiling themselves I 1 wont into the cabin on the bilth ot of august the 1 he children were always very kind to mo me and I 1 used to go and d see gio gi o them thein I 1 saw campbell did not imo have much coal in the sheds and told him he ought to have bavo them full fall iia told me ma to yet get out ot of that or he would jp open e n my bloody guts with wit 11 a pick murmie Mur in r n mii it ig came and run me out oat of 0 the place anti ami said get out of horlor here 01 ill sent send you yon to hell cross lots lota 11 I 1 then naked them ito settle with nae me and on the as aa they were starting starling oil off with their shovels I 1 wanted to know where they were go ing and followed them a little ways they chine came back in the afternoon aterno onI Wl was sitting bitting on the doorstep and they told me to go again repeating delon you on you must go burnsides Burn walked in where I 1 was setting puts pata his bis hands on me and then sat on tho the doorstep with his hid foot against mine after campbell came in in with a book in in hand there 1 here was waa a table between us and ho be throw his book on the table I 1 was still watching him and thought he be was goluk going tu to pay in me 0 in fifteen minutes came in and slope in between burnsides Burns idea and me and says bays otillo s G of a b ill knock your head bead off in resides then put his hia hand blind on oil me and pushed me back I 1 put pat my hand baad in my pocket and was pulling out my pistol but he prevented me ma from getting it out by taking hold of luy illy band then the four men had hold bold of me before they got it from me campbell run in in several times to shoot me but did not get anything they then all went and shut burnsides up with me different times timea they kicked me and said they would kill me struck I 1 me in in the mouth I 1 told bishop I 1 did nothing only in self defense wh when 0 n I 1 was walking down next morning they them gave aye me a good kicking I 1 to told I 1 d carlsen jarssen Jarf sen I 1 wanted nothing to do with him burnsides Burns Burn idea aldos told me to go to hell pay me for nothing went from the mine to fair view view next morning I 1 dare not go back there aboy ahey were threatening to kill mo me all the time carlson carlsen took me ma thin then and delivered me up was born in in 1815 the year defoia bajore the battle of waterloo lost my right hand last Janu january ark the bunk brink I 1 sat on was about 14 inches high peter all the time from the alth to the time of the shooting was talk ing aug about shooting roy my head bead off ho he threatened my libil ito on the alth or hobent he went in in for his gun two or throe three timis times and the women woman prevented him cant see BOB very welli well use glasses AV K reid testified that at the examination defendant did not say any anything I 1 about hitting bitting him on tho the mouth and causing blood to flow burnsides and campbell were recalled saw the blood on defendants mouth but bat dont know how or when it came cama there stated that ile he had not hit defendant the arguments began here mr evans etana making the opening one jacob johnson and A following for thi the defense mr david evans evana then closed and the tha court in instructed ted the jury very concisely at af ter which they retired 0 o their room A A brief consultation ensued among them I 1 and they returned into court wi with th A a verdict of 1 not guilty |