Case # 1855-KM01

February 3, 1855

HICKORY POINT – Assault With Intent To Kill.  On Saturday, the 3d inst., Mr. Thomas Emory, of Hickory Point, was brought up before J.K. Goodin, Esq., on Wakarusa, for a hearing on a complaint made by M. Sarley, informer, that the said Emory had committed an assault and battery with intent to kill upon N.D. Johnson.  The facts as they appear in evidence, were substantially these:  Mr. Emory had pitched a tent, cut some logs, and commenced building a house upon land which Johnson asserted was included in his claim.  It was also conclusively shown that the tent and logs were actually on Johnson’s claim.  On the morning of the 1st inst., Johnson went to the place where the logs lay, and commenced cutting them up.  Emory soon came along with an ax, when Johnson told him that they both could not live on that claim and do well.  Emory made little or no reply, whereupon Johnson proceeded with his cutting; and looking down to strike a blow, Emory quickly raised his ax, and with the poll of it dealt him, Johnson, a blow on the side of his jaw which laid him senseless at Emory’s feet.

Immediately came up Mr. L. Kibbee and the informer, Mr. Sarley, to whom Emory acknowledged that he struck Johnson with his ax.  This was also corroborated by Mr. Graves, a young man present at the affray.  On the part of the defense, it was attempted to be shown that Emory committed the assault in self-defense.  After a full hearing, Emory was held to answer before the Supreme Court, first term, in the sum of $300.  The Kansas Herald of Freedom, Lawrence, Kansas Territory.  Saturday, February 10, 1855. (c) Transcribed by Darren McMannis for Prairie Tales Media.