The Harrison Telegraph, Cadiz, Ohio, Wed., Oct 31, 1821 State of Ohio Vs Robert Love in the Supreme Court October Term 1821 At this tern of the Supreme Court in this county, came on the trail of Robert Love, for the murder of Ambrose Cunningham; Present, the Honorable Peter Hitchcock, and Calvin Pease, Chief Judges. Beebe, Counsel for state. Wright & Goodenow, for prisoner. The Indictment in this case contained three counts; one for murder in the first degree; one for murder in the second degree; and the third for manslaughter. The facts charged in the Indictment were substantially as follows: That Robert Love, on the 23 of December 1820, at the township of Cadiz, in said county, with malice and by striking and beating the said Ambrose Cunningham, gave him one mortal wound upon his head, of which he died on the 29th of December. The prisoner being arraigned pleaded not guilty; and the following Jurors were impaneled and sworn, to wit. James, Wilson, John Zellers, Joseph Fry, Benjamin S. Carver, Joseph Holmes, Brice W. Viers, Joshua Turner, James Cobean, George Brown, James W. Thompson, Samuel Hitchcock, and James P. Miller. The facts as exhibited by the testimony were but few, and although a great number of witnesses were called upon to prove the transaction by which Cunningham came to his death, there was no confliction or contradiction in their ?elations. So much perspicuity, and uniformity in giving testimony, has seldom been witnessed in Courts of Justice. The summary of the facts disclosed were as follows: That on the 23rd of December, at the chopping frolie at a W. McCullans in this county, the prisoner was one of the company; that some time before dinner, the deceased came into the field, where the party were at work, there was some angry conversation took place between the prisoner and the deceased, in which some reference was had to a former quarrel between them; after some time they were called to dinner, and on their way to the house, the deceased was heard, in addressing himself to the prisoner, to say something about his having passed counterfeit money; they proceeded to the house, and the prisoner set down to the first table to dinner. The deceased eat at the second table; and while engaged in eating his dinner, they had a quarrel, in which the deceased twice rose from the table and struck the prisoner. After dinner, and while standing on the porch, the deceased kicked the prisoner near his thighs. Some time after they again went into the field, and while a number were walking together, the deceased among others, the prisoner came into the field, and inquired for the deceased. On being told where he was, he proceeded towards him with a lively pace, with a large stick in his hand and coming up behind him, gave him a blow upon the left side of the head. The deceased fell and the prisoner upon being reprimanded for what he had done, replied that the deceased had kicked him, in a place calculated to produce great pain. The decease was taken to the house, & an unsuccessful attempt was made to bleed him. He remained at Mr. McMullan's during the night, and the next morning went home on horse back in company with James Gilmore. On the 25th day Dr. Wilson was called to see him, and upon an examination of the wounds of the decease, found the scull fractured, and the integuments of his head much swollen. On the next day, the operation of trepanning was performed, after which the deceased seemed to have possession of his senses, though unable to articulate, except in a low whisper. He was visited by Dr. Wilson several times before he died which happened to be the 29th of December. From the testimony, there could be no doubt of the deceased having come to his death by the blow received from the prisoner. It appeared that the deceased was much addicted to intoxication, and that when in this situation, he was exceedingly boisterous and abusive. The character of the prisoner was proved to have been good. Something more than a year before the unfortunate occurrence, a law suit and a quarrel had existed between the prisoner and the decease. At Mr. Kirkpatricks they had met, and the deceased had twice struck the prisoner with the ram rod of a gun; The prisoner took hold of him, but did not strike him, and said, he would not hurt him, as he was an old man. It was attempted by the prosecution, from this occurrence and some others, to make it appear, that the prisoner had previously harbored a malicious design against the deceased. The case was ably and elaborately argued by the counsel on both sides, and an able charge was made by his Honor, Judge Pease. The trial commenced at the opening of the court on Friday morning and the evidence was closed at 7 o'clock that evening, when the court adjourned till Saturday morning. The jury manifested much patience in the close attention they bestowed upon the testimony and the arguments, during the great length of time that was occupied in the trial. They retired on Saturday evening at half past six o'clock, and returned at half past 9 with a verdict of manslaughter. The court then adjourned till Monday morning. And immediately after the opening of the court, the prisoner was brought in to receive his sentence. Before delivering the sentence of the court, his Honor Judge Pease address the prisoner in a very feeling and appropriate manner. He was sentenced to seven years imprisonment in the Penitentiary. Transcribed by Connie Cotterill Schumaker Schumaker4@aol.com