OHIO GENEALOGY EXPRESS

 

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Francis, Davies, was drowned at Columbus, Ohio 19 Mar. He was one of the Acting Justices of the Peace of this town and leaves a wife and 2 small children.
(Source: Genealogy Bank)(Transcribed by Sharon Wick)

NOTICE,
IS hereby given, that at my instance, a writ of attachment, was this day issued, by W. T. Martin, a Justice of the Peace, of Montgomery township, Franklin county, Ohio, against the goods, chattles, monies and effects of E. P. & W. R. Pearmain, absconding debtors, and that further proceedings will be had thereon, according to law.
     Columbus, Aug. 15, 1838.  R. G. TRESCOTT.
(Source: Genealogy Bank)(Transcribed by Sharon Wick)

NOTICE: - All persons interested will take notice that Moses Beers, on the 17th day of Nove,ber, A. D. 1845, sued out a writ of attachment from the Court of Common Pleas of Franklin county, in the state of Ohio, against Elijah Beers, for the sum of two hundred dollars damages, which writ has been served and returned.
     Atttest:                L. STARLING Jr., Clerk
     L. H. Webster, Attorney for Plaintiff.
     Columbus, Dec. 16, 1845
(Source: Genealogy Bank)(Transcribed by Sharon Wick)

     The Jury and Coroner, having met, the examination of witnesses was resumed.
     Marquis S. Hess, being first duly sworn, deposed as follows:   I saw Mr. Hollinback first, and then James Berry, go up to the house of Mr. Daley on the morning after the election, between one and two o'clock - Mr. Hollinback knocked and the door was opened, and Mr. Hollinback and Mr. Berry went in.  I, and also Mr. John Turney walked up to go in too.
     Mr. Hollinbeck asked for Mr. Daley.  Mr. Daley came forward, and Berry told him he wanted to arrest him.  Daley asked him what it was for - Mr. Daley spoke very civilly at first, and said he did not think Jim Berry would do it.  Berry said he came there to do it, and he was going to take him.  Daley then asked Berry where his order was for him.  Mr. Berry threw out his hand, and said, I am an officer, and this is my order.  Peter Giblin, the deceased, was standing by and said that Daley should not go.  Then Daley said he would not go.  Then Mr. Berry put his hand on Daley's right shoulder, and said he should go.
     By this Mr. Giblin run between them and broke Berry's hold  Then Mr. Hollinback said John Turney came to assist Berry.  These were the whole five, Berry Turney and Hollinback (the officers) and Daley and Gilbin, all clinched together in one lump.  Then I saw Mr. Berry strike Mr. Daley on the head two or three times, and the whole five fell against the window and broke it.  Turney was the one who fell against the window and broke it.  Turney was the one who fell against it.  Then they kept fighting until they get next to the door which went into the room north.  The door was open and Mr. Daley and Mr. Giblin closed the door and left the officers in the other room.  Berry and Hollinback went up to the door and tried to open it, but could not.  Then Mr. Hollinback put his knee against one of the panels and his hands upon the latch, and the pannel broke.
     Then I saw Mr. Turney standing with one foot at outside of the door, leaning his left shoulder against the door frame of the house.  There I saw Mr. Turney for the first time pull out his pistol and said he would shoot.
     Then I saw him taking out the pistol.  I asked him to give it to me, and tried to get it away from him for two or three minutes; but he would not do it.  Twas then I heard a voice through the b_ken panel of the north room door, Exclaiming, "don't shout."  I stepped away.  Heard Michael McArdle, a bar keeper at the Neil House, telling of Mr. Turney "not to shoot." - Then the door of the north room was opened.   Mr. Hollinbeck took a light and went into it by looking for Daley.  Then there was a knocking heard on the door that goes out of the bar-room west.  Mr. Berry told Hollinbeck to come back with the light, that there was somebody knocking on the west door.  Mr. Hollinbeck came back with the light and put it on the bar,  and went and opened the door west.  I saw Mr. Daley come in followed by Mrs. Daley - he looked very bloody in the face all the time.  Mr. Berry was then standing near the front door, and Mrs. Daley stepped up to him and said something to him about her husband that I didn't understand, and hit him in the face.  Mr. Berry took her by her arms, put her one side, and said he would not hurt her.  Then I saw Mr. Berry and Mr. Turney rather push out of the door like; I could not tell whether there was any one behind it, but thought there was from appearances.   Then I heard a voice say "stand back, Joe, and I'll shoot him.  It was Mr. Berry that spoke.  I then looked up and saw Mr. Berry holding a pistol in his hand very high over the head of the man that was shot, pointing in the direction of Mr. Daley.  I ran up to Mr. Berry and caught the arm of the hand he held the pistol in, and said "Berry, don't shoot the pistol, for God's sake,"  Berry dropped his arm and said he believed he would not.
     It was then I saw Turney standing against the south jam of the door, on the pavement, leaning against it with his left shoulder, his left foot seemed to be higher than his right, I think it was on the door step, having his pistol right in front of him, holding it with both hands - stooping a little I think, but am not positive.  I also saw the man that was shot standing in the door then.  I walked back then to the place where I was first standing, by the window south of the door.  I saw Mr. Berry have his pistol in his hand, hanging down like to the ground.  It was then I heard another pistol go off, and saw the flash.  It was the report of a pistol I heard.  The sound and flash were right between Turney and Berry.  It was nearer Turney than Berry.  A moment before this I heard Turney say to Berry "don't shoot."  After the shot was fired I walked back by the lamp post, as I thought it was rather dangerous there to stand.  It was then somebody came to me, I don't recollect who, and asked me if I would not be so kind as to go after the captain of the watch.  I went up to the American and did not find the captain; I went back, and the captain of the watch was there, and was in company with Michael Farley, and two or three others, and Mr. Turney came up - one asked Turney (I don't know who it was) who shot.  Turney said, I believe "I shot."  I walked away from the corner I saw Martin McGuire, Berry, and John Fleming, standing talking, and Mr. Berry took the pistol I had seen him have before and gave it up to Mr. McGuire, and told him to save it for him.  I then went home along with Mr. Berry.  That is all I know about it.
Cross-Examined -
     The pistol I saw Mr. Turney have, appeared to me like a six shooter with but one barrel to it.  I think it was a revolver, with one barrel.  I take it one myself to say that Mr. Berry did not fire his pistol, for I was looking at it when the shot was fired.  Michael McCordle, James Gardiner and Patrick Corren were present when Turney was asked the question, Who shot?  I don't know whether Mr. Weider was present of not; and further - deponent with not; and further-deposed with not.
     Michael McCardle also being sworn stated:  I known nothing about the shooting part.  I was not there at the time.  Between three and five minutes after the shot was fired, I heard some one ask in the crowd, Who sot?  I heard the voice reply, " I shot."  I don't know if the person who made a reply.  I heard in the report of the pistol when it was fired.  I was on Township street.
     Isaac Weider, also being duly sworn, stated: I suppose about one o'clock of the morning of the 3d of November, I came to the corner of Town and Fourth streets.  There was a crowd there.  They were talking about a man having been shot.  I inquired where the man was, who had been shot.  It was replied, there, in that small house by the corner.  I was standing by the side of John Turney, looking him in the face.  I inquired who shot the man?  He replied, "I reckon I did, for I shot.  If there was no other shot, I shot him." Some one standing by whom I did not see, said there was no other shot - there was but one shot.  I then went into the house and saw the man that was shot, and they showed me the hole where the bell entered.  It was a little to the left of his navel.  A woman was standing by, and two or three other persons.  I asked the man, who shot him?  He made no reply, but a woman spoke up and said it was Berry.  She said she would go before a magistrate and swear that Berry shot him.  The man at the time was laying on his side, with his back towards me.  He turned over the looked me in the face and said, "It was not Berry that shot me; it was the man that was with him with the white coat on."  He contended that it was not Berry that shot him; while the woman and the others contended that it was.  He would not at any time agree that it was Berry who shot him; but the others persisted it was.  While I was there, he sent for the doctor and for the priest; and said he did not believe he should live to see the priest.  Martin McGuire and three doctors came in while I was in the house.  I knew none of the doctors.  I asked them what they thought of him.  They said they did not think him dangerous.  They did not think he would die.  The man stuck to it that he could not live.  We heard a noise out doors, and Martin McGuire and I went out and pacified the people.  I left Martin with them and went home.  I did not pay much attention to the color of John Turney's coat, but think it was light colored.
     Martin McGuire - Next being duly sworn, stated, Soon after Mr. Giblin was shot, I went in and saw him.  He was calling for the Priest.  In 20 or 30 minutes the Priest came. Before the Priest came, the Doctors were probing to find the ball.  They had found one ball, and from its size I asked if there might not be another.  They examined, and could not find another, and said there was none, unless it had taken a downward direction.  During this time the man was continually calling for the Priest, and insisting that he must die, and calling for the Priest, and insisting that he must die, and calling for some one to kill him to put him out of his pain.  After the Priest came, the room was cleared, and the man was left alone with the Priest, and he had some private conversation a few minutes, I can't say how many.  The Priest came to the door and enquired for me; I went in, and the door was closed -  The Priest, the wounded man, and myself being all there, were in the room, he (the Priest) called me up to the head of the bed.  The man's face was turned towards the front of the bed.  The Priest asked the man who shot him, (and called my attention to the words at the time.)  He replied, "The man who stood beside Mr. Berry, shot me."  The Priest  administered the rites of the Church to the wounded man, after which the door was opened and the people came in.  I am informed the man is dead now, and in my opinion, died of the wound.
     Dr. O. Johnson next being duly sworn, deposed as follows:  I was present at the examination of the wounded man; he is dead; the cause of his death was that pistol shot.  I am a practising physician.
     The jury then adjourned until 2'o'clock P.M.
 

[This is a long article.  If anyone wants to read it, please contact me at ohiogenealogyexpress@yahoo.com ~  S. Wick]

     The testimony having been concluded, and the jury having retired for deliberation, returned the following verdict.  (The formal commencement and ending are omitted):
     "After having heard the evidence and examined said body, we do find that the deceased came to his death by a pistol shot, discharged at him on the morning of the third of November, 1852, which pistol is supposed by us to have been discharged by John H. Turney.
(Signed)

     At Columbus, O., George Shafer, the young man arrested on the charge of having procured an abortion on Mahala Jane Miller, was arraigned yesterday and pleaded not guilty.  Mrs. Place, the proprietress of the boarding house at which the unfortunate girl staid while here, was arrested.

     Hon. John G. Thompson left Columbus yesterday for Washington, presumably for the purpose of having a conference with Senator George H. Pendleton, whom he desires to make permanent Chairman of the coming State Convention.

The Columbus Dispatch

 

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