* STATE vs LINN (a slave belonging to Uriah Graves) * ----------------------------------------------------------------- Shooting with Intent to Kill --- 24 Aug 1860 Victim: William Kitchen. Linn was protecting his melon patch. Witnesses: Richmond Good, Allen Butler, Martin Chamness, Thomas A. Ray, Joshua Bishop, Perry H. Talbott, physician. Box 17, file 3, Oct Term 1860. [See also Box 16, file 82 for file of civil suit] ----------- Typed transcript of examination of witnesses: _Page 1. _ Examination of witnesses produced and sworn in the case in which the State of Missouri complains of one, Linn, a colored boy belonging to Uriah Graves on charge of shooting with intent to kill William Kitchen. Richmond Good, of lawful age being duly sworn, deposes and says-On last Friday evening Mr. William Kitchen was shot on Mr. Uriah Graves’ farm in Nodaway County. It was in the evening a little after dark. Mr. Allen Butler, Yates Cox and myself were with him when he was shot. Mr. Kitchen had just crossed the fence and had been over but a short time when he was shot. I was off some 10 or 15 steps when he was shot-in a very short time he spoke and said he was shot. I think he was some 15 or 20 steps from the place where the report of the gun appeared to be. I saw the flash of the gun. The flash was pointing to the direction of Kitchen. The moon was shining, I suppose one could have been able to distinguish a man from any other object at the distance of 50 yards, if it was in open ground. It was a bright clear moon light night. ------ _Page 2_. I went near to where the gun was fired and I saw I thought the shape of a man setting in the shade of the corn. I was something near a rod from the object. I thought at the time that it was a man. I thought I saw a gun in his hands. The object was about the spot where the gun was fired. He was setting under a bunch of corn or weeds. It was at the edge of the opening in which Kitchen was shot. I could not tell whether it was a negro or white person I saw in the shade. I suppose there was a watermelon patch in the open space. When I went down after Kitchen was shot I heard some person say shoot. After we were gone we heard persons hollowing at about that place. I have seen the prisoner Linn, have a gun in his possession more than once. He makes his home at Mr. W. Graves’, but I do not know whom he belongs to. I suppose it was a shot gun that fired from the number of shot projected. I think it was a rifle that I saw in the prisoner’s possession. It was from 150 to 200 yards from Mr. Graves’ house to the place where this shooting took place. ------ _Page 3_. I think there was corn between the house and the patch. I am not certain. Yates Cox was hit with the shot at the same time. Cross Examination: By Mr. Herren. It was on last Friday evening that the shooting took place. Mr. Kitchen, Mr. Butler, Mr. Cox and myself were together. It was after dark-some 1 ½ or 2 hours after sun down. It was 150 or 200 yards from the house. We went there to get watermelons. We knew that a watermelon patch was there. I and Mr. Kitchen had been there previous to that night of the shooting. We had got a few melons out of the patch one or two nights previous. I could see the shape of a man in the shade but do not know who it was. I have seen the Boy Linn, the prisoner here and do not know that he was the one that shot on that night. We were all in the enclosure together. Mr. Kitchen was before, I was off some 10 or 15 steps from there-we were going in the direction of the place where the gun fired-was some 10 or 15 steps from the place where the gun was fired. I had a small stick in my hands when we went into the patch. I saw Mr. Butler pick up one on the road before we got to the patch. I do not know whether the others had sticks or not. [Signed] Richmond Good (his mark). ------ _Page 4_. Subscribed and sworn before me the 29^th day of August AD 1860. Alonzo Thompson, Justice of the Peace. Allen Butler of lawful age being duly sworn, deposes and says.- I was present when Mr. Wm. Kitchen was shot on last Friday night. The shooting was on Mr. Uriah Graves’ place in this county. I was 15 or 20 feet from him when he was shot. We were all in a direct line going towards where the gun was fired. I was behind of the three. In about a minute after the gun fired Kitchen said he was shot pretty badly. We were some 30 or 40 yards from the place where the gun was fired. It was a little after dark when Mr. Kitchen was shot. The moon was shining brightly. I could have distinguished a man from any other object 50 yards. I think I saw some person at the place where the gun was fired, but I could not say who it was. The moon shone on the barrel of the gun and I saw it. I was in a rod or two of the person. I could not tell whether it was a white or a black ------ _Page 5_. person. I saw him move but the shade of the weeds or corn prevented me from seeing who it was. Some person hollowed shoot Linn, shoot 3 or 4 different times. The person hollowed before I went up and afterward too. There was a watermelon patch between us and where the gun was fired. I never heard Linn, the prisoner, say that he would shoot any person if they came into the melon patch. There were two of us shot beside Kitchen, myself and Cox. Kitchen was shot in 6 places-one in the side of the neck-one through each shoulder, one in his left breast and one each leg. Cox and myself twice each. Cross examined. There was only one firing-the wounds that I and Cox received were not dangerous only burnt a little. I am acquainted with Linn, the prisoner. I did not see him there that night to know him. Mr. Kitchen was before, leading the crowd. I heard no conversation until after the gun fired. After the gun fired I heard some person say shoot Linn shoot. The shooting was some 200 yard from Mr. Graves’ house. Richmond Good, Yates Cox, Wm. Kitchen and myself ------ _Page 6_. were the only persons in our crowd. We went there to get watermelons. It was not more than ¾ of an hour after dark. I had been in that patch before and so was Mr. Kitchen. Mr. Kitchen and I had been in there once previous. There was no person with Kitchen and me the time we were in. I think it was a week or more that we were in before. I had no stick or club when I went into the patch. I think Mr. Good had one. I do not recollect that Kitchen had any. I think it was Dallas Graves’ voice that said shoot Linn, shoot. Re-examination: The place where the shooting took place was in the direction of Mr. Graves’ house. [signed] Allen Butler. Subscribed and sworn to before me the 29^th day of August A.D. 1860. Alonzo Thompson, Justice of the Peace. Martin Chamness being duly sworn deposes and says: I was with Mr. Ray when he arrested the prisoner Linn. He remarked directly after we started with him that he would not have been in this difficulty had it not been for Mr. Bishop, then Mr. Graham ------ _Page 7_. said you did shoot him, he said he did shoot but he did not want to hurt any person. He then commenced telling that he saw some persons coming up towards the patch, he started out there with his gun, he thought when he saw them coming in the patch that he would not shoot. He said he was badly scared and would have run if he had had a chance, then the thought struck him that Mr. Bishop had told him that he would be too big a coward to shoot, so he banged away. He then broke and run to the house, but he did not know whether he had hurt anybody. When Mr. Ray arrested him he asked what for. He told him for this shooting scrape. He then said he would go. When they first saw these persons coming to the patch he told Mr. Bishop that gun would not knock the flint. He said that Bishop fixed the lock for him. I do not recollect whether Linn mentioned Kitchen’s name or not. Cross examination: The conversation with the prisoner took place on Monday evening after he was arrested by the officer, and he told what he did say without any threats or rewards, voluntarily and that he did not intend to shoot any ------ _Page 8_. body or hurt anybody. He said that the shooting he did was on last Friday night: he stated that he saw the party that came into the patch have clubs and he was afraid of them. He said he thought of running but he was afraid they would catch him. [Signed] M. R. Chamness. Subscribed and sworn to before me the 29^th day of August A.D. 1860. Alonzo Thompson, Justice of the peace. Thomas A. Ray of lawful age being duly sworn deposes and says- After I had arrested him and we had got some 200 yards, the prisoner, Linn, without rewards or threats voluntarily, he said he expected this and said that he would not have been in this scrape had it not been for Mr. Bishop. Mr. Arch Graham then said you did shoot, he said he did not deny shooting, then went on to tell us why. He said they had been in the patch before and left their clubs all sticking up in the patch for a sign to show him if he interrupted, they would maul him. He then said he was in the shade of the ------ _Page 9_. fence corner, he saw them coming through the crack of the fence, they came tolerably near before they got over in the inside. It looked to him that there was about a dozen of them after they got over, he thought they all had clubs on their shoulders. He began to tremble as soon as he saw there was so many and was scared, and would have run but there was no crack large enough for him to get through. While he was thinking of running, he thought of what Mr. Bishop told him about being a coward, and he would not have shot had it not been for that and he banged away. He said he did not intend to hurt anybody. [Signed] Thos. A. Ray. Subscribed and sworn to before me the 29^th day of August A.D. 1860. Alonzo Thompson, Justice of the peace. Joshua Bishop being duly sworn deposes and says. On last Friday evening I went to Mr. Uriah Graves’. Linn was away with a team. When he came home, his wife told him about some boys having been in his melon patch through the course of that day. After he got his work done up, he got his- ------ _Page 10_. his gun down for the purpose of wiping it out. He stated that if the boys came into his patch that night he would blister some of their arses. I made light of it and made light of his gun. I saw no more of it nor did not see him load his gun. When bed time come I went off to bed, some time in the night I thought I heard the crack of his gun and I heard the screams of his wife that he had shot. I got up out of the bad and Dallas, Mr. Graves’ son got up also and Dallas and the Negro woman went down to the patch. Cross examination: Mr. Uriah Graves was not at home that night neither was any other of the white portion of his family except his son Dallas, and a small boy and he went to bed quite early and I went to bed some 8 or 9 o’clock-it was some time after I went to bed Linn’s wife called to Dallas and me and they went down to the patch. I have been acquainted with the prisoner a year and a half and I have always known him to be a peaceable negro. I have been working for Mr. Graves off and on for some 3 months. Re-examination: I saw Linn in company with his wife and Dallas when they came back at the gate. [Signed] Joshua Bishop. Subscribed and sworn to before me this 29^th day of August A.D. 1860. Alonzo Thompson, Justice of the Peace. ------ _Page 11_. P. H. Talbott of lawful age being duly sworn depose and says. I am a physician and surgeon. I have been practicing some 15 years. I profess to be acquainted with principles of surgery. I was called to attend William Kitchen last Friday night. It was in the early part of the night. I found him to some extent prostrated. I found him coughing slightly and expectorating some blood. I found him with wounds made with shot about the size of Turkey shot or the next size less-not certain which-one shot about 2 ½ or 3 inches above the knee and half way between the center of the leg and the inner edge of the thigh. I probed that about ¾ of an inch to find the ball, it was impacted or had changed its course so that it could not be found. In either of which conditions we are not justified in cutting down, or dilating the wound for the purpose of extraction. I found one wound near the point of the left shoulder within an inch of its outer extremity. I made no examination by probing that wound considering it a wound of no importance. The third wound I found between the superior part of the axilliary artery and the cephalic vein-a wound I did not think I was justified in probing, for fear of causing too much inflammation. State that that wound is rather of a serious character for two reasons, 1^st that a ball after striking the human flesh seldom takes a direct course. 2. That the sloughing may open the axilliary artery, causing death by hemorrhage. ------ _Page 12._ The fourth wound I found about 2 inches above the right nipple, penetrating the chest into the lungs. It was not safe to probe that wound for these reasons, first, it would be likely to cause more hemorrhage and 2^nd there was no use of it for the shot could not be extracted if found. 3^rd it would let in the air between the ribs and the lungs and cause the latter to collapse. I also found two more slight flesh wounds. I have seen the patient, Kitchen, 3 times, the last time on last evening and I could not wish for him to be in a better condition considering his wounds. In a word I consider the wounds dangerous and may or may not produce death. I think that those wounds were gun shot wounds. [Signed] Perry H. Talbott Subscribed and sworn to before me this 29^th day of August A.D. 1860. Alonzo Thompson, Justice of the Peace. [End of depositions.] ----- Court record book: Oct term 1860. State of Missouri against Linn (a colored boy) Indictment assault with intent to kill. Now at this day comes the prosecuting attorney who prosecutes for and on behalf of the State of Missouri and defendant being duly arraigned enters plea of “Not Guilty”. And both parties being ready for trial there came a jury to wit: J. Vinsonhaler, J. Chandler, S. Shell, W. Stingley, C.W. Carson, C. J. Jones, E. Downing, W. Chandler, E. Neal, Geo Vinsonhaler, J. Owens and W. P. Wyatt who are duly sworn and empaneled and after hearing the evidence report to the court that they cannot agree when by agreement of the parties a verdict of a majority of the jury is agreed upon; the jury then returns into court, “Nine of the jury find the prisoner not guilty. J. Vinsonhaler foreman.” It is therefore adjudged by the court here that the prisoner be discharged and that the county of Nodaway pay all costs herein expended.