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Note: News Story
"The Shelbyville Daily Democrat," (Shelbyville, Shelby Co., IN) January 4, 1890 (page 3) "St. Clair Ensminger called on us yesterday and showed us a letter he had received from Beecher City, Illinois, which contained some sad intelligence. It stated that Bud Canull, a son of a sister of Mr. Ensminger, was murdered in a store on the 25th ult. It appears that a general riot took place, in which revolvers, knives, etc., were used regardless of consequences. Young Canull was no party to the fight, but was quietly seated on a barrel when a ramrod was fired into his brain. He lived only an hour."
COURT RECORD
The People of the State of Illinois vs. Marion Tipsword, Thomas Tipsword, Jr., Newton Tipsword, Alfred Fortner, George Kitson, and Charles Clow, INDICTMENT FOR MANSLAUGHTER, Effingham Circuit Court, Effingham Co., IL, March 22, 1890
"And The Grand Jurors, Aforesaid, chosen, selected and sworn, in and for the County of Effingham in the name and by the authority of the People of the State of Illinois, upon their oaths further present: That Marion Tipsword, Thomas Tipsword Jr., Newton Tipsword, Alfred Fortner, George Kitson, and Charles Clowe, late of said County, on the Twenty-fourth day of December in the year of our Lord one thousand eight hundred and eighty-nine at and within the said County of Effingham, then and there being assembled together and engaged voluntarily, the said Marion Tipsword, Thomas Tipsword Jr. and Newton Tipsword in riotously and unlawfully beating and striking said Alfred Fortner, George Kitson, and Charles Clowe with weights, rocks, and a certain shot gun, and the said Alfred Fortner, George Kitson and Charles Clowe then and there being engaged voluntarily in riotously and unlawfully beating and striking the said Marion Tipsword, Thomas Tipsword Jr., and Newton Tipsword with weights, rocks and a certain shot gun, and other weapons and missiles unknown to the Grand Jurors aforesaid, did then and there unlawfully, feloniously and willfully cast, throw, and propel a certain ram rod, held to the shot gun aforesaid by ramrod pipes thereto attached, from said shot gun, which said shot gun said Marion Tipsword, Thomas Tipsword, Jr., Newton Tipsword, Alfred Fortner, George Kitson, and Charles Clowe then and there handled and held in their hands, with great force and violence at, to, against, and into the head of one Andrew Canull, then and there being in the peace of the people, then and there thereby giving the said Andrew Canull one mortal wound of the width of one half inch and the depth of four inches in the right side of the head above the right eye of the said Andrew Canull of which said mortal wound the said Andrew Canull then and there instantly died."
"And so the Grand Jurors aforesaid upon their oaths aforesaid do say that said Marion Tipsword, Thomas Tipsword, Jr., Newton Tipsword, Alfred Fornter, George Kitson and Charles Clowe in the manner and by the means aforesaid unlawfully, feloniously, and willfully did kill the said Andrew Canull."
Jurors' Verdict--June Term, 1890
"We, the jury, find the Defendent (sic) Alfred Fortner, guilty as charged and fix the time of imprisonment at one year in the penitenteory (sic--penitentiary)."
"And we find Thomas Tipsword Jr., Newton Tipsword, George Kitson, Charles Clow, Marion Tipsword not guilty."
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