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Evidence on the part of the Commonwealth in the Green Circuit Court
W m Mat Skaggs stated that he was present on the th of July 1857
ran close together -- Sam Mitchell Warren catched at, or knocked up the gun twice, before the gun was shot -- witness is brother in law of Beauchamp -- After Peace shot, he struck at Beauchamp twice with the gun, cannot say whether he hit him or not; the is a large bone target rifle, carrying a ball of 30 or 40 to the pound, witness is related to Peace also --
John Warf stated that he was at the still house at the commencement of the difficulty, he and Wm Mat Skaggs had been in a little quarrel, Peace came up and told Skaggs he had done wrong, and that he had a rock in his pocket and that if he had attempted to use it, it would do him no good -- Skaggs asked Peace if his having a rock concerned him, and Peace said, no further than is right -- Beauchamp came up and said have no fuss, stop that boys, witness replied, I have no fuss myself, Beauchamp caught hold of Peace around the body with both hands -- Peace slung Beachamp loose from him -- Beauchamp steped back and said, dont shoot or something like it -- Did not hear Peace ask Beauchamp, if he took it up -- Where Beauchamp came up, he came at Peace's back, and caught him around his waiste with both hands, Peace swung Beauchamp from him and lowered his gun, and presented it at Beauchamp, when Beauchamp caught hold of Peace, he said stop that, have no fuss, cant recollect any thing else he said, as witness was taken with a leaving about that time -- On cross examination -- Peace was in the habit of carrying gun, had his gun in his right hand standing on the ground -- At the time Peace and W m Mat Skaggs were quarreling, Peace said that Warf was a stranger, and should not be treated so, Beauchamp approached Peace in a friendly manner. He said he
could not tell whether or not Beauchamp approached Peace friendly, he was not laughing -- He came up hastily, after turning away, witness heard the fire of the pistol -- did not see Beauchamp draw his pistol, but knows that he fired it he saw him fire it -- Beauchamp took hold of Peace with both hands at his back immediately after reaching him -- always saw the parties friendly before this difficulty, they were both friendly and mixed with the croud on that day before the difficulty --
Doctor Terrill stated that he was present and saw the transaction A difficulty occured between Wm Mat Skaggs & Warf -- was in company with Beauchamp, Beauchamp said let us go up and stop that fuss, we were not then in presence and hearing of Peace, we started, Beauchamp went up in the croud and took hold of Peace, and told Peace he was wrong, something passed between them, and Beauchamp shot at Peace with a pistol -- Beauchamp then turned around and fell down Peace then shot Beauchamp some few feet from him -- saw Peace punch at Beauchamp with his gun before either shot, but would not State that the gun touched Beauchamp saw Beauchamp catch hold of Peace with one hand, where he first went up to him, did not see what he was doing with the other -- Beauchamp was a small man, weighing 125 or 130 pounds -- He did not notice Beauchamps hand from the time he went up to Peace, until he commenced backing about half way then he had it behind him, and kept it there until he threw it from behind very quick, and shot -- Heard both parties say, not shoot, recollect Beauchamp had on a coat was shot near the place where the fuss commenced. Beauchamp retreated some 7 or 8 steps, before he shot, saw the smoke from Beauchamps pistol -- At some times he could not see Beauchamp, persons intervening between him and the parties --
on cross examination, said the parties had always been on friendly terms, so far as he knew, and had known them for several years, had seen them gambling together some days before this occurance -- Beauchamp though small was a very active man -- Peace's back was towards Beauchamp, when he took hold of Peace, Peace threw off Beauchamp, and turned or was turned towards Beauchamp -- Also saw Peace take hold of Wm. Mat Skaggs before Beauchamp came -- at the time Beauchamp came up he took hold of Peace -- saw same Mitchell Warren grab at, or knock up Peaces gun and at that time Beauchamp threw his hand very quick from behind him, and fired, being very close to Peace. Warren had hold of the gun, or was grabing at it, when the pistol fired -- saw Beauchamp fire the pistol, and that towards Peace -- Does not recollect what he stated before on application for bail, about what Mitchell Warren did -- Whilst Beauchamp was backing, heard Peace say, dont shoot me with your pistol, and Beauchamp s d dont shoot me, he cant say which spoke first -- after Beauchamp shot, he retreated & fell, and Peace turned on him, and shot him whilst laying on the ground -- the ball entered the left side and lodged in the back of the neck -- Peace was holding his gun in his right hand, with breach on the ground, when Beauchamp came up and took hold of him -- After the shooting was over, he was attending to the deceased in the hearing of Peace, who was relating the circumstances of the shooting saying something about Beauchamps drawing his pistol on him, and shooting at him -- Beauchamp remarked "do you not hear him telling a lie" The witness states, that he dont know that Beauchamp shot at Peace -- He assisted in striping the body of deceased, and saw a dark spot or bruise on the back part of his left elbow -- that it had the appearance that it might have been done by a punch of the muzzle
of a gun, but will not pretend to say it was the case -- saw a small bruise on his breast, but will not say what produced it and he saw no other bruises on him --
Wm J Graham -- states he was present at the killing -- W m Mat Skaggs & Warf, had been in a quarrel about a game of Cards -- Peace came up and said to Skaggs, that he had a rock in his pocket, and that it would have done him no good if he had used it -- Peace then while holding his gun with one hand, laid hold of Wm Mat Skaggs with the other and pushed him back, the breach of the gun on the ground -- At this time Beauchamp came up and put his hand on his shoulder and said, why do you treat a man so? have no fuss -- Peace turned towards Beauchamp and asked him if he took it up -- about this time Peace raised his gun, and presented it at Beauchamp, and punched, or punched at him, before he heard any thing said about a pistol -- Then he heard Peace say, you have a pistol in your pocket -- Beauchamp at this time had his hand in his pocket -- Wesley Thompson & M Warren both had hold of the gun, one before and the other afterwards and both before the pistol fired -- heard pretty much all that was said at the time -- Did not hear Beauchamp say at the time he came up, that he was the best man on the ground did not see Beauchamp gather Peace around the waiste -- Did not see Peace sling Beauchamp from him, and dont think that happened -- he put his hand on his shoulder and said let us have peace -- and Peace said, do you take it up -- Beauchamp said no, let us have no fuss Beauchamp backed and said "dont shoot -- and Peace said you have got a pistol in your pocket, this was s d when Beauchamp had backed some steps -- Beauchamp had backed 10 feet before he drew his pistol from his breaches pocket -- He
he saw him draw it from his pants pocket and put it by his side, and kept it there until he raised it & fired Did not put it behind him at all -- Put his hand in his pocket after Peace said you have got a pistol -- While Beauchamp was retreating, his left side was towards Peace, and after he drew the pistol he held it by his right side saw Beauchamp fire at Peace, and start around several men to run, He fell near where he first started from, and was on the ground when Peace pursued and shot him in the left side -- After Beauchamp fell and before he was shot, seemed to struggle as though to rise up -- After Peace had shot he attempted to strike Beauchamp with the gun, but the gun was caught by Mitchell Warren -- was close by when the fuss began -- the parties had always been friendly, and he had often seen them gaming together, and were friendly that day -- Witness and Peace had had a very serious difficulty some years before, but they were now friendly so far as he knew -- Further states that Peace was in the habit of carrying his gun -- Being in a croud he cant say exactly whether Beauchamp approached Peace at his side or back; cant say as to the extent of violence he used when he laid his hand on him --
Mitchell Warren states, He was present at the time, and the fuss grew out of a quarrel between Wm M Skaggs & Warf Peace came to Wm M Skaggs, and said to him, you are wrong, and should not so treat a stranger -- Skaggs asked him if he took it up, and Peace said only so far as is right Peace took hold of Skaggs by the breast, then holding his gun in one hand, with the breech on the ground, or on his foot where Beauchamp came up, cant say what passed between them -- saw Beauchamp put hand on him or his hands around him, when Peace turned to Beauchamp he
lowered his gun, and presented the muzzel to Beauchamps body -- Beauchamp gave back some 15 feet before he fired his pistol, Peace advancing with his gun bearing on him, and some times punching or punching at him, can say that he touched him with the gun -- did not see pistol at all, but knows that pistol fired from the hand of Beauchamp -- witness tried to knock off the gun to keep him from shooting, and did partially get hold of it, but not sufficient to hold it, until Peace shot Beauchamp -- whilst witness was endeavouring to get hold of the gun -- Beauchamp steped to one side of the muzzle a little forward and fired the pistol close to Peace -- Beauchamp then run and fell when Peace pursued and shot him -- Beauchamp being in a fallen condition -- Peace then attempted to strike him with his gun, and witness caught hold of it, and prevented him, having once stuck at him after shooting him before witness got hold of the gun so as to hold it -- Did not see Wesley Thompson attempt to take hold of the gun_ On cross examination -- saw parties often together, friendly and gaming saw Beauchamp came up and take hold of Peace, but cannot say how he came up -- Did not see the pistol behind him -- the croud was between him and Beauchamp -- Did not fairly get hold of the gun, but did grab at it, and touched it -- after the gun fired he caught hold of it -- they were always friendly, and were so on that day --
Pascal Warren says he was present and saw the transaction The difficulty grew out of a quarrel between Bill Mat Skaggs and Warf -- Peace told Skaggs he had a rock in his pocket which Skaggs denied, but said, it was none of his business if he had one -- in the fuss between them, Peace took hold of Skaggs and shoved him back -- The first witness said of Beauchamp, he came up and took hold of Peace, and said
Bob, you are wrong -- as soon as Peaces attention was called to Beauchamp, he asked him if he took it up, Beauchamp said no -- Peace lowered his gun towards him, and presented it at him after he had backed, and told Beauchamp to put up your darn little pistol, or shoot your darn pistol, cant say which were the words -- Beauchamp was then holding his hand behind him and giving back -- Mitchell Warren was there grabing at the gun, and threw it off of its bearing on Beauchamp, or some other cause threw it off, and that time Beauchamp very quick steped round the muzzle, a little forward, threw his hand from behind him, and fired the pistol at Peace, and close to him, not more than two feet from him; he then rather turned himself around some two persons and fell, Peace pursued and shot him -- Beauchamp being down on his back, the ball entering on the left side -- Peace struck at him after he had shot, but thinks missed him -- attempted to strike again, but was caught witness also said, that about last christmas, he saw Beauchamp have a Revolvering Pistol in his possession -- about that time Beauchamp had taken, or was about to take a trip to Indiana -- The first witness heard Beauchamp say, was Bob you are wrong, he might have had other conversations witness picked up the pistol and threw it down again -- On cross examination says that he has often seen them associating friendly together -- not exceeding a week previous he had seen them friendly gaming together -- the first he saw of Beauchamp, he had hold of Peace with both hands -- It appeared that it took a considerable sling to throw Beauchamp loose from Peace -- After he heard Peace say, you have drawn your pistol on me, and Beuachamp said you have cocked yours on me, he then said Beauchamp had his hand behind him -- Witness best recollection is that Beauchamp
steped around the muzzle of the gun and shot -- Beauchamp was near Peace when he shot, he cannot say that Peace steped forward when he shot -- states also, that Peaces movement to avoid Beauchamps shot, still threw the gun off of its bearing on Beauchamp -- He picked up the pistol a few feet from Beauchamps head, after he was shot, laying on his right side, he immediately threw it down again -- Beauchamp was shot in four or five yards of where the difficulty commenced -- he heard B. say to P. dont shoot --
Wm P. Warren was at the place of Killing -- the fuss grew out of quarrel between Bill Mat Skaggs and Warf -- heard Peace tell Skaggs that if he had throwed his rock, it would have done him no good -- Peace then took hold of Skaggs with one hand by the shoulder or bosom, and hushed him a little holding his gun in the other hand upon his shoulder with the cock about his shoulder -- Beauchamp came up about that time, and caught hold of Peace, and sorter pulled him around, and said Bob you are wrong Peace shook him loose, and immediately said, darn you do you take it up -- Beauchamp said no, Peace then said, dont draw your pistol on me -- Beauchamp said I have got none, and he saw him throw his hand behind him very quick, at this time Peace had his gun presented at Beauchamp, holding it in both hands, with the muzzle pointing towards Beauchamp, who then said dont shoot me -- Peace said, put up your darn little pistol then, all this was before there was any retreating, they then backed a little, and Beauchamp jumped from before the muzzle of the gun and fired his pistol at Peace some words passed while they were backing which witness dont recollect
Joseph Warren says he was present and saw some of the transaction -- A quarrel had taken place between Skaggs and Warf -- Skaggs had a rock in his pocket, and his hand partly in his pocket -- Peace told him his rock should have done him no good, if he had attempted to throw it -- In the quarrel Peace caught hold of Skaggs, and at that time Beauchamp came up, and told Peace he had done wrong, and Beauchamp took hold of him, and told him he had done wrong -- Peace turned and asked if he took it up -- lowered and presented his gun, Beauchamp said dont shoot -- Peace then said, you have drawn your pistol on me -- Beauchamp said he had not done it -- saw Beauchamps hands behind him -- After he had backed some steps, and just before he shot him, saw Peace punch at him with his gun, but cant say that he touched Beauchamp with it, but it looked like it hit him -- Saw Mitchell Warren try to get hold of the gun heard the pistol fire, and saw Beauchamp run & fall Peace then shot in very quick time -- was five or six yards off when Warren tried to catch Peace's gun -- Saw Peace throw some one off at the same time Warren was catching at the gun, he saw some one else catching at it, he took it to be Elkins -- Beauchamp caught hold of Peace before Peace turned to him, he saw that Peace struck at Beauchamp twice after he fell -- Wm Compton -- Was present at the time the affair occured the difficulty grew out of a quarrel between Skaggs & Warf about a game at cards -- Peace told Skaggs that he had a rock in his pocket, and that if he had attempted to throw it, it should have done him no good -- Peace took hold of Skaggs and pushed him back, holding his gun in one hand, with the breach on the ground, Beauchamp
came up and took hold of him, but he did not hear any thing said by either at that time -- Peace cocked his gun, and presented it at Beauchamp, before he punched at him, at this time witness turned his back, as soon as he turned his back, heard pistol fire, before pistol fired saw Peace punch at him with his gun, does not know that the gun hit him, they were close together at the time the pistol fired -- Beauchamp gave back 3 or 4 steps, dont recollect that any person had hold of the gun before he fired -- M. Waren had hold of it after Peace shot -- A lady came down to where Beauchamp was laying after he was shot, and asked Peace what he killed him for, and Peace said. Darn him, he came up to me, and drew his pistol right in my face at first and afterwards fired at me -- and Beauchamp said, do you hear him telling a lie -- Cross examined said he was 4 or 5 steps from Skaggs at the time the quarrel was between Peace & Skaggs -- Beauchamp came up and caught hold of Peace by the shoulder -- Has no recollection of a word that passed -- At the time Beauchamp came up and caught hold of Peace, the breech of Peaces gun was on the ground, holding it by the barrel, when he presented it, he raised it and cocked it --
James Skaggs says he was present &c Peace was punching Bill Mat Skaggs, when Beauchamp took hold of Peace, and told him "Bob you are wrong -- Beauchamp had backed 3 or 4 steps before he saw the pistol -- Did not see it drawn Dont recollect any thing that was said, except that B. said Bob you are wrong -- did not see Peace job, or job at Beauchamp
Cavlin Skaggs -- Was present when Peace shot Beauchamp was not far from him when he shot, he and witness were at the house and left there together -- Beauchamp passed in
in front of witness, saw Peace and Skaggs in a fuss Beauchamp said boys let us stop this fuss, then he went up and said to Peace stop, and let us have peace Peace then turned towards him and presented his gun at him, Beauchamp jumped back & retreated -- Peace pursuing him and punching him with his gun -- Beauchamp asked him not to rush on him -- Beauchamp shot at Peace, then turned and run around 3 or 4 persons and fell Peace pursued him and shot him while he was down, and after shooting him struck at him once or twice -- When Beauchamp was giving back, Peace told him not to draw his hand out of his pocket, Beauchamp at that time had his hand out of his pocket, and behind him, and kept it there till he turned so I could see it, and when I saw it, the pistol was in it --
Isaac Bush states, that he saw the corpse next morning, helped to dress it, saw a hole in his left side saw bruise on his elbow, and two bruises on the breast one on one side, the other on the other side, the bruise was on the left elbow -- They presented the appearance of having been done by the muzzle of a gun, thought he could see the squares of the barrel and the place of the bore -- saw other bruises on his right arm, but thought they might be produced by falling among the chips and gravel, saw several other dark places about the body, face &c. as though the blood had settled -- His attention was called to the places that had the appearance of having been done by a gun barrel -- three of the Warrens & Johnson were present at the time the dressing took place --
Elzy Warren states that he was at the house at the time the fuss commenced, and saw but little of the affiar W m Peace was about ten feet nearer the croud than
he was, there was no obstruction between him, and where the croud was -- a fence run between them, but he was on so much higher ground than it was, it presented no obstrution, as to all that was goin on, could not distinguish the parties as they mingled through the croud, but thought one was Peace at the time he heard the fuss was siting with his back to the croud -- saw one bruise, which had the appearance that it might have been done wiht a gun barrel or such an instrument On cross examination, states he did not call the attention of Isaac Bush to the bruises on the body of deceased, saw several dark places about him, about his face and eyes &c as though the blood had settled there --
J Thompson says he was present, heard Peace tell Skaggs he should not treat a man so, and took hold of Skaggs At this time Beauchamp came up & said, I am one in this ring for peace, and told Bob not to do so, Beauchamp caught hold of Peace & pulled him around, Peace then had his gun by the barrel or stock with the breach on the ground, did not see Peace when he drew his gun -- Heard the report of the pistol, and then turned and saw Beauchamp on the ground & saw Peace shoot him -- On cross examination says, he knows Bill Mat Skaggs had a rock in his pocket -- says that Beauchamp caught Peace by the shoulder, and turned him around from Bill Mat Skaggs -- says that Beauchamp shot immediately after the gun was thrown off by Mitchell Warren of its bearing upon Beauchamp -- was close to Peace when Beauchamp fired the pistol, the smoke in the face of both -- witness & Beauchamp were together a little ways off from Peace and Skaggs when they were engaged in a quarrel -- Beauchamp said I will go up
and stop that fuss -- -- -- --
D r D. P. White -- states that he is a regular Physician and that he had practised medicine many years. He gave it as his opinion, that a bruise inflicted on a person immediately before death, would show plainer than if inflicted at a remoter time from death -- On cross examination was asked that, if it was not necessary that a reaction of the circulation should take place after the violence was done, and that if death should take place before that reaction should take place, what would be the consequence? He gave it as his opinion that the bruise would after death present a deeper impression than if it had taken place more remotely from killing Here the Commonwealth closed her testimoney, and the Defendant then introduced the following witnesses
Defendants Witnesses
W m Peace S r Was some 40 or 50 yards distant from the croud when the fuss commenced -- The first witness heard was the voice of Bob Peace saying Felix, do not draw your pistol on me -- witness turned his head immediately and saw Beauchamp throw his hand behind him very quick with the pistol in it, they run then close together, when the pistol was drawn they seperated a little & Peace presented his gun at Beauchamp and said shoot if you want to, or something to that amount about that time Mitchell Warren, caught him and turned him round or partly so -- At that instant Beauchamp steped a little round the croud, and Beauchamp advanced within two feet of Peace and fired his pistol at Peace, Beauchamp immediately turned and rather threw himself back on the ground, owing as he thought to throw some of the croud between Peace & himself,
Peace then fired immediately, the shots in quick succession, in about such quick succession, as a man fireing a double shot gun -- When Beauchamp fell or threw himself down, it was rather on all fores, with his face and left side rather presented towards Peace, at the same time rather raising his body in a strugle to get up or further to throw himself from Peace -- After the parties had passed a little round the croud heard Peace say shoot if you think proper -- After Mitchell Warren had turned him around, he passed in the croud, and he could not see him so well until he reached the lower end of the croud -- Whilst in the croud, I did not see any one holding him -- Did not see him knock Wesley Elkins down -- Always saw the parties friendly, often saw them gaming together -- He saw Beauchamp after he fired the pistol run around several men before he fell --
Jacob Peace stated that he was just 45 yards off from Peace and Beauchamp, that he had since steped it, that he was on much higher ground, than they were, that there was nothing between them to obstruct his view except as they would pass through the croud -- there was a low fence between them, but it afforded no obstruction to his view, he was in company with W m Peace S r and others at the time the fracas began between Peace and Beauchamp -- the first thing he heard, was some one say darn you, dont you draw your pistol on me, or dont shoot me with your pistol, cant say which was the form of expression, but thinks it was the latter cant give precisely the expression, he looked that way immediately as he looked, he saw the small man throw his hand behind him with something in it which he
took to be a pistol -- he did not know who either of the men were at that time, and could not tell at that distance, one was a little man, the other was larger and had a gun -- they backed through the croud a little, and the little man, fired a pistol at the large man who fired his gun immediately, the shots were in quick succession; this was all I saw, or heard, there were many others much closer than I was, and had a much better opportunity of seeing and hearing than I did --
Burks Davis says he was on the ground when the occurance happened -- the fuss grew out of a difficulty between Bill Mat Skaggs & Warf -- The first he saw of Beauchamp, he was coming up, and passed through the croud -- At the time Beauchamp came up Peace had his gun in his left hand with the breech on the ground, or on his foot The parties passed through the croud a little -- Peace about this time threw Wesley Elkins from him, and against me. The gun was not bearing upon Beauchamp, at the time Beauchamp shot, pointing rather to one side -- As soon as the gun was not bearing on Beauchamp, he fired his pistol at Peace within two feet of him -- Beauchamp immediately dodged round the croud a little and fell, or stumbled and fell -- Peace then shot, some two or three persons had got between me and the parties about the time Peace shot -- The parties always friendly so far as he knew or believed -- Witness had lived in the neighborhood some 15 months, was not the tenant of Peace, but lived with a man who rented a place of Peace's -- was frequently at Peaces house -- Saw Peace push his gun forward, but did not see Peace punch Beauchamp with it -- and heard Peace tell Beauchamp to shoot his damned little pistol, was Peaces relation, and boarded with him part of the time --
John Warren, states that after Beauchamp had backed some little distance, perhaps 7 or 8 feet, he told Peace not to shoot him -- Peace said put up your damned little pistol then; Beauchamp said, I have none but witness states that he did then have it, in his hand behind him, and witness saw it, other things were said during the fracas, but witness dont remember them --
Josiah Skaggs stated that he was present that Beauchamp had his pistol in his hand behind him, before he saw him give back any -- He heard Peace tell Beauchamp not to draw his pistol on him, before witness saw Beauchamp give back any, and before Peace drew his gun on Beauchamp --
Otowa B Skaggs, says that he was present when the killing took place -- the difficulty arose from a quarrel between Bill Mat Skaggs & Warf concerning a game of cards for 10 cents -- Peace went up at the time Skaggs had his hand in his pocket, and told Skaggs that he had a rock in his pocket, and that it would have done him no good to throw it. At this time Beauchamp came up in a fast walk passing witness -- Peace said darn you, dont draw your pistol on me -- Peace then drew his gun up before him in both hands, and cocked it, and presented it at Beauchamp -- they then retreated back, out of the croud, and got out of my sight, I heard the pistol fire, and saw Beauchamp wheel and start back and fall, and Peace shot him -- Bill Mat Skaggs & Peace were engaged, when Beauchamp passed witness and went up to Peace -- Peace at that time pushed Bill Mat, off --
W m Peace Jr. was present when Beauchamp came up to Peace, he cursed him, dont recollect his words -- he then told Peace to go away and let Skaggs alone -- Peace said let me alone, I am not pestering you -- Beauchamp drew his pistol, as soon as he let Peace go, and while the gun was standing at Peaces side -- witness is about 15 years old, was never sworn as a witness before, was a good deal alarmed at the time, and is a nephew of Robert Peace -- said Beauchamp never gave back at all and Peace never punched his gun at him, said he was so scared when the transaction took place, he hardly knew what occured --
Joseph Peace -- states about same of W m Peace Jr
James Akin, was out in stable lot on the evening Beauchamp was killed, and heard the firing of a gun and pistol, in the direction of where Beauchamp was killed about sun down, they were fired in quick succession -- thinks that one could not count more than six, seven, or eight, between the shots -- He had heard two other shots that evening, an hour or two before, but they were not in as quick succession This closed the evidence on the part of the defendant --
Wm B Allen states upon oath, that the foregoing contains a true copy of the evidence s C. Ruch special Judge, except in a few instances, where the verbage was shortened, without changing the substance --
Wm B Allen
Commonwealth
against } Evidence
Robt. Peace
Penitentiary -- Green Co_