The Marietta Register, September 7, 1865:
A distressing affair occurred on Eight Mile creek in Newport Township on Thursday night of last week, August 31st, by which one citizen lost his life at the hands of another. A company, of which Lewis Mitchell was one, were on their way home from a singing school, and while passing the house of Colby C. Coleman, the former went into the orchard of the latter to get a few peaches. Soon after the report of a gun was heard, and Mitchell not appearing, search was made, when he was found under a peach tree, dead, with a few peaches in his possession. The corpse was suffered to remain where it was found until the next morning.
The Coroner was then called, a jury summoned, and a verdict given in accordance with the above facts. The ball, it seems, entered Mitchell's left breast, near the heart and lodged in the shoulder bone. Mitchell leaves a wife and two children.
Coleman was arrested, examined before Esquire Hill, bound over to Court, and placed in prison. Afterwards, he gave bail in the sum of $3,000 and was released.
The Marietta Times, September 7, 1865:
Lewis Mitchell, a citizen of this county, living on Eight Mile creek, in Newport Township, was shot and instantly killed by his neighbor, Colby C. Coleman, on Thursday night, August 31st. The particulars of this sad affair, so far as we could learn them, are as follows: A party, of which Mitchell was one, were returning from a singing school and while passing Coleman's peach orchard, Mitchell entered the orchard to get a few peaches. Soon afterwards the report of a gun was heard; and Mitchell failing to make his appearance, a search was made for him, when he was found under the peach tree, with two or three peaches in his bosom, one in his hand, and a piece of one in his mouth. The corpse was left lying until the next morning, when the coroner was summoned. It was then ascertained that the ball had entered Mitchell's left breast, near his heart, and had lodged in his shoulder-bone.
From all we can learn, Mitchell was a quiet, inoffensive man, respected by all his neighbors. He leaves a wife and two small children.
A warrant was procured, Coleman was arrested and tried before Esquire Hill, by whom he was bound over to the Court of Common Pleas, and in default of bail, was committed to prison.
Below we give the verdict of the coroner's jury:
We, the undersigned, jurors, impanneled and sworn on the first day of September, in the year of our Lord, 1865, at the township of Newport, in the county of Washington, by Lemuel Grimes, coroner for said county, to inquire and true presentment make, in what manner and by whom Lewis Mitchell, whose body was found in Colby C. Coleman's peach orchard on the last day of August, in the year 1865, came to his death. After having heard the evidence and examined said body, we do find that the deceased came to his death by a gun-shot, fired by Colby C. Coleman. Said body was found with gun-shot wound in the left breast.
Given under our hands at the time and place of said inquisition above mentioned.
Israel Irwin
J. S. McVay
William McVay
James McCoy
Thomas A. McCoy
Adam Wagoner
The Marietta Register, September 14, 1865:
The account we gave last week in reference to the shooting of Lewis Mitchell in Colby C. Coleman's peach orchard on Eight Mile, Thursday night, August 31st, has caused much comment. We are informed that scarcely anything was true in the statement, except the fact of the killing.
We have information that we cannot reject, that Mitchell had not been to the singing school at all, which was at George W. Hill's; that if he had, he was over a quarter of a mile out of his way, while in Coleman's orchard; that about half a peck of peaches were found on his person after he was shot; and Mitchell was not, as stated in the Times, a quiet and inoffensive person, and was not respected, but was a trifling man of not good character.
It appears further, that Coleman had been greatly aggravated; that his peaches had been stolen in large quantities; that the bark had been stripped from his trees and the branches broken down; that even boxes of peaches prepared for market had been stolen; that he had told the depredators that he would shoot them unless they quiet their evil ways.
The result is, one man killed and another in jail to await his trial. The facts, of course, will then come forth. It is doubtless true, that if these people had minded their own affairs this distressing affair would not have occurred.
The Marietta Times, October 19, 1865:
Court of Common Pleas
The September Term closed last Saturday night. The litigated cases of a civil nature posses no interest for others than the parties who were at issue, and so we shall not report them. The criminal cases - in part - are:
. . . State of Ohio vs. Colby Coleman. Murder in the Second Degree. Guilty. Sentenced to the Penitentiary for life. This is the individual who shot Lewis Mitchell in Newport Township on the night of the 31st of August, as Mitchell was passing through his peach orchard. Mitchell was about 35 years old; the prisoner is 57. This was the most important case tried by the court and elicited a great deal of interest.
The Marietta Register, October 19, 1865:
The Court of Common Pleas for this county, Judge E. A. Guthrie presiding, closed its October Term for 1865, at about 11 o'clock last Saturday night. It was an exceedingly busy and laborious term of eleven days. . . .
The Trial of Colby Coleman, for shooting and killing Lewis Mitchell in his (Coleman's) peach orchard on the night of Aug. 31st last, on Eight Mile Creek, in Newport Township, occupied fully two days. Col. David Alban, the Prosecuting Attorney, was assisted by M. D. Follett. For the defense, Knowles & Loomis. The Jury consisted of John Milligan and D. C. Perry of Barlow, John Boston of Liberty, W. A. Hawley of Beverly, H. H. Cole of Warren, and John C. O'Neal of Belpre, of the regular panel, J. S. Sprague, D. D. Rosseter, and J. L. Deterly of Marietta, Isaac Spaulding and T. K. Wells of Harmar, and W. Priest, talismen. It was a good jury. The charge was murder in the second degree. Thirty-two witnesses were examined.
It was in evidence that Coleman's orchard had been robbed of peaches to a very aggravating extent, that some of his trees had been "barked," and some limbs were broken down. on the night of the 31st of August, about dark, Coleman went into his peach orchard with a rifle and a revolver to protect his property. After he had been there about half an hour, probably a little after eight o'clock, Mitchell went into the orchard for peaches and was there shot in the left breast and killed. It was a moonlight night. There was no evidence that Coleman gave him any warning, or that he called upon him to halt.
After a thorough investigation of the case, the Jury returned a verdict of guilty, having been out about three hours. The Jury recommended "clemency." The counsel for Coleman moved for a new trial, which was overruled by the Court.
About 10-1/2 o'clock Saturday night, the Court commanded Coleman to stand up to receive his sentence, in giving which Judge Guthrie was very much affected. He remarked that Coleman was an old man, and he pitied him from the bottom of his heart; that the law had left him no discretion in the case; the Jury had found the defendant guilty of murder in the second degree, and the penalty was hard labor in the Penitentiary during the term of his natural life. He could not say that the verdict of the Jury was wrong, or that he himself could have found it differently had he been on the Jury. It was to be hoped that the defendant thought he had a right to kill the man who was in his peach orchard; and as to "clemency," the law allowed none on part of the Court, but if the defendant went to the Penitentiary, behaved himself well, performed all his duties in the right spirit, gave evidence that he might become a good citizen, and came to a realizing sense of the wrong he had done in killing his fellow-man, there was a chance for his pardon and restoration to society.
Coleman did not appear to be much affected, not nearly so much as was the Judge. On Monday morning, he still said he thought he had done right in killing Mitchell for stealing his peaches.
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