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racing. He had become intoxicated, and early in the evening was lying upon a bench or table sleeping off his drunkenness. About seven or eight o'clock P. M. James P. Metzker, a farmer, who lived near Petersburg in Menard county, a few miles southeast of the Salt Creek camp ground, arrived on the scene. Metzker is said to have been quarrelsome when in liquor, and, it is said, came there in an intoxicated condition, riding a horse. Seeing Duff Armstrong lying on the bench asleep, he seized him by the leg, and dragged him to the ground; Armstrong being partially drunk, and half asleep and thoroughly angered, attacked Metzker, and a fight ensued. The character of this attack was discussed at the trial, and will be commented upon later. A. P. Armstrong says he was present and witnessed the affair, says that after the fight, Metzker and his brother Duff shook hands and drank together, and soon after J. H. Norris and Metzker had a fight. Metzker mounted his horse and started homeward at a late hour, and, it is said, fell from his horse one or more times, being greatly under the influence of liquor. The third day after this trouble Metzker died and Norris and Armstrong were arrested for murder, and on account of the great excitement of the people over the affair, and because the Mason county jail at Havana, Ill., was rather insecure, the prisoners were taken across the Illinois river into the adjoining county of Fulton, and incarcerated in the jail at Lewiston.

At the October term, 1857, of the Mason County Circuit, both Norris and Armstrong were jointly indicted for the murder of Metzker. The indictment was as follows:

State of Illinois,

Mason County.

Of the October Term of the Mason County Circuit Court in the year of Our Lord one thousand eight hundred and fifty-seven.

The Grand Jurors chosen selected and sworn in and for the County of Mason aforesaid in the name and by the authority of the People of the State of Illinois upon their oaths present that James H. Norris and William Armstrong late of the County of Mason and State of Illinois not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven with force and arms at and within the County of Mason and State of Illinois, in and upon one James Preston Metzker in the peace of the said People of the said State of Illinois then and there being, unlawfully, feloniously, willfully, and of their malice aforethought did make an assault. And the said James H. Norris with a certain piece of wood about three feet long which he the said James H. Norris in his right hand then and there held the said James Preston Metzker in and upon the back part of the head of him the said James Preston Metzker then and there unlawfully, feloniously, willfully, and of his malice aforethought, did strike, giving to the said James Preston Metzker then and there with the stick of wood aforesaid in and upon the said back part of the head of him the said James Preston Metzker, one mortal bruise and the said William Armstrong with a certain hard metallic substance called a slung-shot which he the said William Armstrong in his right hand then and there had and held, the said James Preston Metzker, in and upon the right eye of him the said James Preston Metzker then and there unlawfully, feloniously, willfully and of his malice aforethought did strike, giving to the said James Preston Metzker then and there with a slung-shot

aforesaid in and upon the said right eye of him the said James Preston Metzker one other mortal bruise, of which said mortal bruises the said James Preston Metzker from the said 29th. day of August in the year aforesaid until the 1st day of September in the year aforesaid at the County of Mason and State of Illinois aforesaid did languish, and languishing did live on which said first day of September in the year aforesaid the said James Preston Metzker in the County and State aforesaid of the said mortal bruises died; and so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid unlawfully, feloniously, and of their malice aforethought did kill and murder contrary to the form of the statute in such cases made and provided and against the Peace and dignity of the same People of the State of Illinois.

And the Grand Jurors aforesaid in the name and by the authority aforesaid upon their oaths aforesaid do further present James H. Norris and William Armstrong late of the County of Mason and State of Illinois not having the fear of God before their eyes but being moved and seduced by the instigation of the Devil, on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven with force and arms at and within the County of Mason and State of Illinois in and upon one James Preston Metzker in the Peace of the said People of the said State of Illinois then and there being unlawfully feloniously, and willfully and of their malice aforethought did make an assault; and that the said James H. Norris and William Armstrong with a certain hard metallic substance commonly called a slung-shot which they the said James H. Norris and William Armstrong in both their right hands then and there had and held, the said James Preston Metzker in and upon the right eye of him the said James Preston Metzker then and there unlawfully, feloniously, willfully and of their malice aforethought did strike, beat and

bruise, giving to the said James Preston Metzker then and there with the slung-shot aforesaid by striking, beating and bruising the said James Preston Metzker in and upon the right eye of him the said James Preston Metzker one other mortal bruise of which said mortal bruise the said James Preston Metzker from the said twentyninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven aforesaid until the first day of September in the year aforesaid at the County of Mason and State of Illinois aforesaid did languish, and languishing did live on which first day of September in the year aforesaid the said James Preston Metzker in the county and State aforesaid of the said mortal bruise died. And so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid unlawfully, feloniously, willfully and of their malice aforethought did kill and murder contrary to the form of the statute in such cases made and provided and against the Peace and Dignity of the same People of the State of Illinois.

And the Grand Jurors aforesaid upon their oaths aforesaid in the name and by the authority of the People aforesaid do further present James H. Norris and William Armstrong late of the County of Mason and State of Illinois on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil with force and arms at and within the County of Mason and State of Illinois in and upon the said James Preston Metzker in the Peace of the People of the said State of Illinois then and there being, unlawfully, feloniously, willfully and of their malice aforethought did make an assault; and that the said James H Norris and William Armstrong with a certain stick of wood three feet long and of the diameter of two inches which they the said James H Norris and William Armstrong in their right

hands then and there had and held the said James Preston Metzker in and upon the back side of the head of him the said James Preston Metzker then and there feloniously, willfully, unlawfully, and of their malice aforethought did strike, beat and bruise, giving to the said James Preston Metzker then and there with a stick of wood aforesaid in and upon the said back side of the head of him the said James Preston Metzker one other mortal bruise of which said mortal bruise the said James Preston Metzker on the said twenty-ninth day of August in the year aforesaid until the first day of September in the year aforesaid at the County and State aforesaid did languish and languishing did live on which said first day of September in the year aforesaid at the County and State aforesaid of the said mortal bruise died; and so the Jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid, unlawfully feloniously, willfully, and of their malice aforethought did kill and murder; contrary to the form of the statute in such cases made and provided and against the Peace and Dignity of the same People of the State of Illinois.

Filed November 5th 1857.

HUGH FULLERTON,
States Attorney.

Witnesses: Grigsby Z. Metzker, Charles Allen, James P. Walker, William M. Hall, Joseph A. Douglas, William Douglas, B. F. Stephenson, Hamilton Rogers, William Killion, Joseph Speltz and William Haines.

Not bailable: James Harriott.

The defendant Norris, had, before that time, killed a man named Thornsbury, and had been indicted for his murder, but was cleared on a plea of self defense; perhaps, on account of this record, he labored under a disadvantage; he stated to the court, that he was unable to employ counsel, and the judge (James Harriott) appointed William Walker, who was the senior partner

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