t.fvrset Herald j ESTBLISHCO ICfT. ! Publication. J' . - v. cln.i".? monilnj at t- 00 j i i aJvui-u, omerwise zi i " oo coatinacvl until all c''Jtt;.i up. Pootmwten neglecting 1 .' . ,. -.i,-nt-r do not take out ; '-' .. , v, ,1 p nsifc: for the sub- I SoXERSCT, r. i ---.i-i.- f 1V SU.'5IT.P. f I TTvY M. r.EKKl .KLE. :-V, . vvat-la ' A Sjauin, Pa- f Bomeraei, rw. homeraet. Pa. Fa. r I . " V . . v . T.I 1 W t t'-1" eomenet. Pa. I .. ,.-..' Hou- BOW. oppS? Cuurt ? . j J. G. OciUL S T. I ' i. ( , I v. I "J-ilrtAir. ' SuaKiU-ET. Ta. ' somerset. Pa. . I 4W SUUilTflt, P-, " i Bi: eS i- v; Y F. m iil-LL, C - -1 " AI -ilv tY-Ar-LAW. tioicerset. Pa. ? FtL.-.ua AsnL Offit in Mammoth a oomerset, Pa. . p.; v..s-t w ill attcnil to all ;"-.;i,iu"ttsi care wtth tromplac --A' II I" - AlKi.NET-AT LAW, ? wmerset,P. ,..-'v -'i-r-d M allbnidna ectmsted .' ; ' ir,jtV-:vmi va cuiiecuona, c. Of- - Li 0. KlMMl-T-T AiiOitSi.Y-AT-I.AW. f ftoaierset. Pa., ' .-.id u a" Uuioa entnuWd to Lin care '.-,J i coui.ue.. with prompt ' '. t :. ... . j3i' ou Main Crw bireet, 1 ..1 i'.x.'k src AiltiUNEY-AT-LAW, comerset. Fa. , y---""!i B'.oot. cp Rairs. Entrance ' ". 'r,i' -.r.t-t Us-ui. made, lte l' " '.l, !,;.,,;..... aud ail K iral boiouvatav .v a.is-. L. C COLBOBX. AHJiiNEVS-Al-LAW, Somerset, Pa. c:-r;''1,J to our care will be ' aid u-.li-i: atu-udwl w. fxjUecUona :'"'.i..H bciiopl and aaj-nuuig coun- --rr.aua tvuvcj ancin done oa rca- T LEALR. 1, A: IUt.KEY-AT-I.AW, boaierset. Pa., "i-t1' in S..merrl anl a-Tjolninf cotm : ' a. entrusted w Uim wiil reoeiTe . 1,. .kCUuIl. :.IC.Ti.nL W.H.BCWSU ,.KlT;I KITPEL, AVi'.lK.SiVri-AT-LAW, ooincrsct. Fa. u.i- eti-nt: to tbeir care will be -..t ai. -..;,. .-luaiiy attended to. OHise on cel. iianimotn Block. . i;:lls & cxk fkr, dentists. -r S:.v It I'mif store, Somerset, Pa.) i:. -v K-rM'.viie to lwiitiKry skillful-ar-j ;V-au a;'enti(.n given to ailiae u.t l.ai irl leetll. Arlilic-ial deut r. .v- t-vih inserted aitnouiplaiea. ; ,. 'ttu uuwua attacbed to the natur-apnlv'al-lyr. I . CA3:rTHEFr. M. D. tn-lt, ri. - na I ttrect. next door to PriuunK 'v.. P. F. :iAFFER, itii.-n.iAS A.NL crRGEON", cuMEr-sET, Pa., r L. :v .inal set ei e to tiie ciuiens - r-e; c: 1 TiLiany O'Jii. next dour to tl IL KIMMELL, Li' ?i.fe-i,-nal aerricei to the citiaem --r: : u -.1 inr.jf. 1 11 Jt-e proierwioiialiy - it 3 loand at L olace on Main at. J. M. LOUTH ER, PVik'IA.N ASD 6CKGEOS', J -xvt ! i-rTr.:iei:tiT In Jv,merwt for the K iiua. nit on iain atreeL i'r.g - ore. -jU.S.inilLLEX, ""it; a'wtition to the preservation of . ' tet'th. Anitiral . t iiined. AU r.aratiter.1 Ntactoty. Oice in the M.imlar'.it tii'a tlore, corner Oils! Oils! -:o:- . .- .'! C ii Ciiropany, of Piitaburgh, Pa 'I'-.al:y ol mauufaeturii! for tha j ':c t:a.:e tae fiueM brand of a:ingdt Lubricating Oils :'phiha and Gasoline, brrf..vfnmPermlrum. . fnallcnfe , f c;r.-a itiih eTery knows j-CDUCT OF PETROLEUM. ; yoa ;h the moxt uniformly Satisfactory Oils j -IS THE American Market, .Sf tort. TrUf for gomcraet and vicinity supplied by co! SoMaarrr, Fa. SB FRAUUM' STREET. ?:ST0VrN SUPPLY HOUSE. VHH H. WATERS &BR0. DT TTTrr.Tn n - (lAAXi&d. ' J0" ' '.i-hed In pur new bniMinr, , ' na v,!. ;t ay. U the t--arranred for ' -,.1'? --.-ra Hemisyhama. . a'itis: to the Plumule-, Steam , '-" c. rritd in bux k. - . , . '. ,u.r'rT,"';T r cawfu! attention to v. ,AS'' l" T W ATKK HEATISU boa. . In thla Hue eDbracs ; -f.t tLl bu.iibcgi in the county, with " :-(V.T!1T I'FPATiTMEVrws carry a fun fe. '" liiier beltlu. K m and i7- Iiij.-otoiv Luirt-ieatora,Sum '.-Cu i-tc. Prka quoted on I tie VOL. XL. NO. 40. THE FIRST NATIONAL BANK OF Somerset, IPenn'a. 0 CAPITAL 8URPLUS $50,000. $7,000. DEPOSITS RECEIVED IN LARGE AN OSM ALL AMOUNTS. PAYABLE ON OEM AND. ACCOUNTS OF MERCHANTS. FARMERS. STOCK DEALERS, AND OTHERS SOLICITED. DISCOUNTS DAILY. BOARD OF DIRECTORS : LaRte M. Hicks. W. H. Miiaeb, T T L. TcoH. Chas. H. Fib b is, Geo. R. &.TLL, JOHS C OC-OTT, FfcXS W. BlEiB'KI. Edwakd Sccll, : : Valextikb Hat, : : IIauvevM. F.r.uki.tY, : : : Pubsidest Vick Tpesidknt : : : Cashier. n. r,in.b n.i ou-nritif nf this bank are surely ProtU,l in soeWbnH Cor- ... -." f. 1 ; - . - made abuoluie'.y Burjjuir-iirooi. Somerset County National Bank Of Somerset, Pa. . rO: Estiblished. 1877. 0rfa!il Natxnil, 1830. CAFITAL. $50,000. Chas. J. Harrison, Fres't Wm. H. Koontz, Vice Pres t. IMilton J. Tritts, Cashier. Directors: Sam'l Pnylpr, Jtiiah 'eit, Jotin 11. ,uiiyJer, Ji l li B. I 'aria. Wm. En-Wer. J.,na M. -otk, John Stu(!. liarriMKi vder, Noaiii Miller, Jerome btuct. riiKtmer ol taw hank will receive the most liberal treatment consu-lent with saf banking. Partiea wishiD to nend money east or west can be aocomiudalea by drall for any amount. M'nev and valuable aeenred by ooe of Die boi.i 1 Celebrated fe, witn most approved time lucL. Oillectlons made In all part ot 106 United Eiaiea. Coaler moilerat. Aeouant and Deposits Solicted. mar5-6m CURTIS K. GROVE, SOMERSET, PA. BCGGIE3, BLEIGKS, CARIUAGE3, BPEIKQ WAGONS, BCCK WAGOXl AND EASTERN AND WESTERN WOKS Famished on Short Notice. Painting Done on Short Time. My work ts made out M Thortuahly Sraamed Wood, and the Ot Jron ani S'el, tubstantiaiij ConstnKted. Neatly Finished, and nvitKuw."-. J Rcririnr of All Kinds ta My Line Done on tiWt Notice. PnocaKKAaON ABLE, and All Work Warranted. Call and Examine my Buy k, and Learn PrVea I do Wagon-work, and furnh Seivea for Wind Kllia. Kemember the place, and cll in. CUUTISK. GROVE, (East of Conrt Boose) CCMER3ET. PA B. & B. EVERY HOME that this paper reaches, is entitled to a a copy of our CATALOGUE & FASHIOS BOOK, and ought to'have one. It contains much information about fabrics and moaes .TJ tS is to be had for the asking. Some of the specials offered by this this week ; New 2tl inch Faille Francaise, 75c. New 21 inch Faille Francaise, i 1.00. ew 21 inch Faille Francaise, $1.00. Both in assortment of about 50 choicest New 21 inch Crystal Cengalines, all col on", f 1.3-" and $1.50 peryard. New 25 inch Black French Surahs, 75c. New 24 inch F.lack Faille Francaise $100. New 22 inch Flack Crystal TenRalines, $1.23to?-'.50. Above are all the best obtainable for the money. NEW SPRING WOOLENS, at 32c, 50e C5c, 75, 85., $100, $1.25 in elegant assrtments values that will demonstrate at once that it to your in terest to trade w ith us. Shall we send Samples or a Catalogue! Sift Bepr msnt Boggs & Buhl, 115, 117, 119 and 121 FeJ.rol Slreet, LLEGUEXY FJ. It is to Youi Interest TO BUY Ki f B Drugs and Medicines JOHH N. SHYDEB, 8TCCKOB TO Biesecker k Snyder. None but the purest and beat kept In stock, - and when Drugs betvme inert by stand ing, as certain of them do, we d-stroj- them, rather than im pose on our customers. You can deiend on having your PRESCRIPTIONS & FAMILY RECEIPTS lled with care. Our prices are aa low Uij other first-class house and on many articles much lower. The people of this county aeem to know this, and have given us a large share of their rotronsg?, and we shall still continue t give them the very best pxls for their money. Do not furset that we make a specialty of FITTING TRUSSES. We guarantee satisfaction, and, if you Lave had trouble in this direction, give us a call. SPECTACLES AND EYE-GLASSES in great variety ; A full set of Test Lenses. Come in and have your eyes examined. Ko charge for examination, and we are confident we can suit you. Come and ae us. Respectfully, JOHN N. SNYDER. FANCY WORK. Some Great Bargains In IRISH POINT LUNCH AND TRAY CLOTHS. Ikmgbt Mow cost of transortation we are seliing at great bargains white and colored Bedford Cord Table Cov ers, stamped ready for working. Ping ed Canton Flannel Table and Cush ion Covers, Kinged Flunh Cushion Covers, Rargarran Art Cloth Table and Cushion Covers, all stamped with Newest Designs ; Hem-stitched Hot Iiisruit and Roll Napkins. A new and large line ef hem-stitched Tray and Carving Cloths from 60cts up. Stamped Hem-stitched Scarfs from G.cts np. Table Covers from 50 tta. up. A fail line of Figured INDIA SILKS, All New Patterns and Colorings. Also, Figured Plush, 21 and S3 inches wide, in beautiful Colors and Desiens. Art Salin Squares for the Central Covers and Cushion Covers. "Waban jSTetting, it inches wide, .V) cents per vard. in Pink, Blue. Olive and Yellow, THE NEW THING for Draping Mantles and Doors, and for Draping Over Draperies. A new line of Jlead-rwts, lrom i"c up. Visit our Table l.inen. Towel, Napkins, Mo Jin, Sheeting and Linen Drirtuieut, by ail means. &1 41 FIFTH AVENUE, Pittsburgh, Pa. AMERICAN" IIOTKLu Owned a nd Operated by S. P. SWEITZER, Cumberland, Md. This hotel If f.r-t oliess In all iL aptoiiitment". rerrtoteied and rtfnruished. and the liuet kx a tiou in the ity. at the head of Baltimore rtreeL St reel ear pa il dors every few motni nta. FiFM-cbv porters attend all train. Lueyaax to the Hotel trrv of charge. Directly batt ot the Hotel u a firt -class la very Eslablislimeiit, where ritr of all decriplloncan be bad at mod erate rate. The lr of thi Hotel i jUh ked with the finest graden of Whi-kiea, Wiuesaud Beers. Also on baud a large Hock of Imported Cigars. their tntublen and -arvs reduced to uothing ly slDpplneat this Hotel, where lleen.- eaa be pro cured wltuiHll extra marge. l"u l oe laneu m Iit colored baikiuen. but tome direct to the Hotel. The undersigned has on hand a large stock of SOMERSET COUNTY WHISKY, old Rye, U'M.-t, T, rtfrrr at Wholesale and in small luantities, at the following price: Two Year old at F2 25 per gallon. Three " - " - SO " J our " " W 00 44 " alll nr.t..rc l.iWri l'.T l.",3 and K.l Eal- timore bl.,Ciimoerlalld. Md. 8. P. SWEITZER, Proprietor. y 1 P O lr JCOD l) . OWcLIllv, Watchmaker and Jeweler, Next door west of Lutheran Church. Somerset, Pa. Having opened up a shop in this place, I am now prepared to sup ply the public with clocks, watches and jewelry of all descriptions, as cheap as the cheapest. REPAITtlNO A SPKCIALTY. All work guaranteed. Look at my stock before making your pmr chases. Y$Want Work Salary or Commission to good men. Fast selling imported Specialties; also full line GCAKAXTF.ED NURSERY STOCK. Stock failing to live replaced reii. a i D. Luetchford 4 Co., Rochester, N. Y. HOBHE fARD Somerset SOMERSET, PA., WEDNESDAY, A Great Event la one's life Is the discovery of a remedy for some long-standing malady. The poison of Scrofula u iu your blood. You Inherited it from your ancestors. W ill you transmit it to your offspring? In the great majority of cases, both Consumption and Catarrh ord inate In Scrofula. It Ls stipKised to be the primary source ol niany other deraiuremeuts of the IkxIv. Begin at onre to cleanse your Mood with the standard alterative, Ayer's Sarsaparilla For several months I was troubled with scrofulous eruptions over the whole, body. Jly aetlte was bad, and my system so prostrated that I was nimble to work. After trying several remedies in vain, I resolved to take Ayer's Kars-tparilut. and did so wiUi such gKxl effect tliai less than one bottle Restored My Health and strength. The rapidity of the enre as tonislied Hie. as 1 eiected Hie process to x loll;! and tedious." predenco Mariz Per nan les. Villa Novade ;aya, portug:iL "For many years I was a sufferer from scrofula, until alH.ut three years ago. when 1 le;r;in the use of Ayer's fc'ursiparili. sim-e which the disease b:is entirely disapiered. A little child of mine, who was troubled with the same conip':;iiit, has also leeii eurcd by this medicine." II. Itraiult, Avoca, Metr. Ayer's Sarsaparilla BE. J. C. AYEB 4fc CO., Lowell, Haas. 6old by In;g',-;ta. ai,aiit . Worth ti a buttle. FIDELITY TITLE ill 1SIST tl 121 & 123 Fourth Ave., PITTSBURGH, PA. Capital - - $1,000,000. FULL PAID. Undivided Profits $130,000. INSURES TITLE TO REAL ESTATE- Authorized to act as Executor, Administrator, Guardian, Trustee, Assignee, Kcreirer, Ac. DEALS IS RELIABLE INVESTMENT SECURITIES. Ilents boxes in its Superior Vaults from $5.00 ier annum upwards. Ileceives deposits and lcan3 on mort gages and approved collaterals. JOHN P.. JACKSON, - President. JAMES J. DOXNELL, Vice President. C. E. McVAY. - Secretary and Treas. NEW GOODS AT Kiispr k Ferner's. It is our aim to present at eve ry season a Line of Goods of t!ic Newest Patterns and Lat est Styles. We have labored hard in selecting a stock for the coming season, and are glad to say that we have succeeded in buying goods that are su perb in style, and at prices that have the magnetic power to draw and retain trade. CLOTHING I Xcvcr before have we bought such fine styles in Mens' and Youths', Loys' and Childs' Clothing. These Goods are un unapproachable in quality and price. CARPETS. This season we arc offering a larger assortment, better styles and lower prices in all grades of Carpeting, Matting, and Oil Cloths and Kug?, than ever be fore. GOODS. We are daily gaining trade in this department, consequently have bought a large stock, adapted to fill the wants of everyone. GEMS' FIK A large and complete stock just received, and arc now pre pared to furnish all who want a specialty in this line. We introduce correct styles as soon as out. Wc also carry a full stock of Window Shades, Trunks and Sachels7 Rubber Clothing, &c. We take genuine pleasure in hat ing our friends inspect the above novelties. KNEPPER & FERNER, One Door Xoctli of Tost office. DRESS ESTABLISHED 1837. Escapetl tiie Gallows! AFTER A HAP FOUGHT LE GAL BATTLE. - Florence Fuhrer, the Slayer of Michael F. Niland, Con victed of Voluntary Manslaughter. THE VERDICT RECEIVED WITH GENERAL SATISFACTION. The Defendant Fares Better Than He Expected. COMPLETE HISTORY OP TIIE TRIAL. " Florence. Fuhrer, stand op," com manded Clerk of the Court Sanuer, at 10 minutes after C o'clock Friday evening. The prisoner promptly complied with the command and faced the 12 men who held his fate in their hands. 14 Prisoner look upon the jury ; jurors look upon the prisoner. Gentlemen of the jnry how say you, is Florence Fuh rer, the defendant, guilty of voluntary manslaughter or not?" "He is," answered the foreman of tht jury. " Do you desire to have the jury poll ed V asked the court of ex-Jndge Bacr. "No, indeed," smilingly replied Mr. liaer, evidently too well satisfied that his client had escaped being convicted of murder in the first degree. The prisoner fairly hogged himself when he resumed his seat, and turning to the II era t.i) reporter be said: "I'd a great deal rather go to the penitentiary for manslaughter than ou a charge such as that man is being tried for." (The prisoner referred to Wm. Eoyer, mho was being tried for felonious assault) When the prisoner was brought into Conrt to receive the verdict of the jury the reporter for the Hhuai.d had a ten minutes talk with him, pending the ab sence of his counsel, ex-Jude liaer. In reply to a question as to what the verdict would be Fuhrer replied, "mur der in the second degree. I could that in the eyes of at leatt six of the ju rors." When a verdict of manslaughter was suggested the prisoner shook his head before replying, "the penalty h) the saaue in both cases, only $1,000 fine can be ad ded in the case of murder in the second degree." The maximum penalty for manslaugh ter is 12 years in the penitentiary. The case of the Commonwealth vs. Florence Fuhrer was called in the Court of Oyer and Terminer at 10 o'clock Wednesday morning. The defendant had been indicted aa F.lmer Fordish, the name he gave when arrested) and District-Attorney Colborn asked permis sion of the Court to amend the record by substituting the prisoner's proper name in places where the name of For dish appeared. The Court made an or der that this be done and the work of selecting a jury was at once entered upon. Fifty-four jurors in all were called be fore a panel of 12 was selected. Twoor three of those called had conscientious scruples against capital punishment, a score or more had expressed an opinion, but thought they could render an imparti al verdict in accordance with the evi dence, one was excused on account of sickness, and one or two were hard of hearing. The defense exercised their righ of challenge in only six cases and made every effort to select jurors residing as far as posible from the line of the rail road. The Commonwealth asked that a large number of the jurors called be stood aside, generally because they did not live close enough to the railroad. Following are the name of all the jurors called and of the jury that eat upon the case: J. A. Myers, farmer, of B.-othersvalley Township, ha', read about the cam had conscientious scruples against capi-' tal punishment. Excused. Bernard Wolfhope, New Baltimore, had read about the case, stood asido. John G. Steinbaugh, laborer, Qaema honing Twp. Accepted. Herman Johnson, Justice of the Peace, Latimer Twp. Stood aside. Edward M. Walker, farmer, Summit Twp. Stood aside. Henry Uingler, laborer, Elk Lick Twp. Stood aaide. II. G. Will, teacher, Milford Ttrp. have rea 1 a great deal about the case but have not expressed an opinion. Accept ed. W. II. Gardner, farmer, Jefferson Twp. Accepted. Isaiah P. Crise, farmer, Jefferson Twp. Stood aside. Henry Kidner, miner, Salisbury bor. Accepted. Hiram Ted row, farmer, Middlecreek Twp. Stood aside. George Ellman, farmer, Northampton Twp. Stood aside. W. II. Hay, merchant, Meyersdale. Accepted. John Kiefer, laboror, Somerset bor. Stood aside. J. Wesley Ban-ay, farmer, Jefferson Twp. Accepted. George Glotfelty, merchant, Larimer Twp. Accepted. C. W. Mognett, carpenter, Middlecreek Twp. Stood aside. Joseph Hankenson, carpenter, New- Baltimore bor. Challenged by defense. Michael Lohr, farmer, Conemaugh Twp. Stood aaide. N. B. Pernod, mason, Somerset Twp. Accepted. Charles Barron, farmer, Somerset Twp. Stood aside. W. W. Brown, farmer, Somerset Twp. Stood aside. John A.Glesaner, farmer, Sammit Twp. Stood aside, , W. II. Shaffer, farmer, Somerset Twp. Stood aside. ; Adam' Cook, farmer, Northampton Twp. Stood aside. Paul Werner, farmer, Greenville Twp. Stood aside. - -; -r ' IT JUNE 1, 1802. William II. Miller, farmer, Brothers - valley Twp. Challenged. Jacob Judy, farmer, Brothers Valley Twp. Stood aside. William McCIintock, laborer, Addison Twp. Stood aaide. J. F. Ithoads, farmer, Lincoln Twp. Accepted. John Woakland, clerk, Confluence bor. Stood aside. Earnest Eiford, farmer, Black Twp. Stood aside. Edward KhoaJs, liveryman, Somerset bor. Challedged. IL II. Hay, farmer, Lincoln Twp. Stood aside. Elias Suhrie, farmer, Allegheny Twp. Challenged. Joseph Baldman, miller, Brothersval ley Twp. Stood aside. Valentine Sass, farmer, Greenville Twp. Stood aside. David Lohr, farmer, Milford Twp. Excused on account of sickness. Hiram Barron, Middlecreek Twp. Stood aside. Ed. B. Spangler, laborer, Rackwood bor. Challenged. J. D. Critchfield, constable, Itxkwood bor. Stood aside. Hiram A. Walker, farmer, Conemaugh Twp. Stood aside. Charles Walker, farmer, Jenner Twp. Challenged. John Statler, farmer, Meyersdale bor. Stood aside. James H. Murray, carpenter, Larimer Twp. Challenged. Daniel D. Long, labarer, Larimer Twp. Challenged. C. F. Landi.s merchant, Stonycreck Twp. Accepted. W. M. Drutker, farmer, Summit Twp. Challenged. H.P.J. Custer, farmer, Paint Tp. Challenged. Simon P. Geisel, merchant, (2'teraalion ing Twp. Accepted. Tin ji-rv. John G. Steinbaugh. II. G. Will. W. H. Gardner. W.H. Hay. George Giotfelty. J. F. Kneads. Simon G. Geisel. Henry Kidner. J. W. Barclay. N. B. Penrod. C. F. I.andis. J. J. Bowman The jury box was filled at 3 o'clock when the defendant was commanded to stand op and be arraigned. When the District Attorney had concluded reading the bill of in Jictnent and put the ques tion : " Florence Fuhrer, to this bill of indictment, how say you ; guilty or not guilty? the prisoner answered, "not guilty," in a tone that rang throughout the crowded court room. The defendant stood up like a soldier, (be served 5 years in the regular army) not a muscle in his body quivered and when he resumed his seat at his counsels' table he iclanced across the room and smiled at the IIit- AI.D reporter. Judge Baer conducted the examina tion for the defense, while hi colleague, Thos. M. Marshall, sat listleisly by his side apparently unconcerned in the pro ceedings of the court. Occasionally Le would look into the face of the witness on the stand with the ferocity of a tiger, as much as to say, "cow, be sure you tell the whole truth," and then he would drop back into his chair and close his eyes. Nothing escaped his attention, however, as those who heard Lis address to the jury can testify. At the Commonwealth's table sat Gen eral Koontz, District Attorney Colborn and the aged father and young brother of the murdered fireman. Following is a full abstract of the testi mony as it lell from the lips of the wit nesses. Michael Niland, father of the murder ed fireman called and sworn : I live in Conncllsville; my son Michael was home at dinner on March 1st. lie left at 2 p. m., to go to work. The next time I saw him w as March 2d, when he was brought home dead. Joseph L. Dooghterty, swore : Am a lo comotive engineer and live in Connells ville. On the night of March 1st I left Conncllsville on engine No. 4X1, Michael Niland was fireman and Clarence Fuhier waa my flagman. We were pushing train No. 74, east bound, to Sand Patch. Engine No. 53."i, was ahead of us. We turned at Sand Patch and after receiving tunning orders started west. We took the siding at Voder's to let the night ex press pass. While we were on the sid ing Niland commenced to pull down coal in the tank, and there is where the mur der took place. (At this point a tin mod el of a locomotive was introduced and engineer Dougherty explained the posi tions Fuhrer, Niland and himself occu pied on it. Niland was in the tender, Fuhrer on the left-hand side of the cab, and Dougherty on the engineer's side of the cab.) Niland bad bis coal pick in his hands and was palling down coal. He asked Fuhrer to help him. Fuhrer said "no I won't help pull down coal for a light engine." Niland said I have contr I of that side of the engine and if you don't help yon can't ride on my tide. Fuhrer replied, "Ob, jes I will, and 1 wouldn't advise you to attempt to pnt me off." Niland came forward towards the cab with his pick in his hands and said yon b s of a b I'll show you whether I can't put you off." At this time I said boys you must not fight in my engine. Fordibh said "you IrUh b repeat that word;" Niland said put up your gun. Four or five minutes after I heard a shot. I looked out of the cab and Eaw Fuhrer putting up bis pistol. At this time Niland called out "Joe, I'm shoti send for a doctor." I jumped out of the cab and put my arm around Niland, who was falling. I saw the bullet hole in his clothes and looking up to Fuhrer, who was standing at my side, I said " you've shot this man through the heart." " That's where I aimed for," he replied. I then went over to Kephart'a engine and told him that my fiagnan had shot my fireman. We started back towards my engine and met Fuhrer on the track. Kephart said you've killed your man. " That's what I had to do, said Fuhrer." Kephart then asked him to give him his gun. Fuhrer refused to give it to him. I don't think Niland lived two minutes. The conductor telegraphed to Kockwood to have an officer at the station to arrest Fuhrer. Fuhrer gave himself up when we got there. Cross Examination Judge Baer pick ed the model all to pieces and the w it ness was enable to say where it came from or for what purpose it was made. I don't believe I heard all that was said, he continued; I don't know jost what the oath was Niland applied to Fuhrer; I didn't hear Fuhrer say that he shot in self-defense while on the en gine; the flagman generally rides on the left hand side of the cab and that's where Fuhrer was; it iia not the duty of the flagman to help pull down coal ; a very short time before the firing I heard Niland call Fuhrer a b s of a b when Fuhrer told Niland that he would not advise him to attempt to put him off, it wm then that niland came for ward with the pick ; when Fuhrer was asked about carrying a revolver he said, I have carried it for 8 or 10 years; I beard no one taunt Fuhrer that night ; they might Lave been quarrelin and I would not have heard them ; (design of an engine shown witness; he said it was not similar to the one on which the murder took place. The witness here described the engine as fully as pott-ible. Ke-direct Examination I said to Fuh rer yon didn't have any trouble on the engine before this, and he replied " the trouble commenced in the cabou.-.e," when Niland called Fuhrer a s of a b Fahrcr called him an Irish s of a b . I tf'stiiisd before thecorouor'sjjry ; I said that I saw NilaDd when Le was shot, since then I don't believe that I diJ. H. M. Kephart, sworn : Live in Con nellHville; am a locomotive engineer; on the'moruing of March 1st 1 was on en gine No. .')t2 on the Pittsburgh division, B. & O. H. U. My train was on Voder's Si'lintr. Io;vherty's engine palled ia after me on the siding. I went to Dough erty's engine anJ ejw the fireman breath ing his last. I eaw Fuhrer down on the main track about two minub-s after this. I asked Lim if he realized whathe bad clone. He said, 'I killed that 111 id.' I said, 'you Lad better g".ve me your re volver.' I did not hear his reply, hit I did not get the gua. Niland's lw'y wad put in the caboose of my train and Fuh rer rode on my engine to Kock'vood. Joseph Hartley sworn: Live at Cia- neilsville; am a passenger conductor. On the 1st and 2nd of March I was con ductor of the train on which Kephart was engineer. I w as told of the mnrder while on my train at Voder's Siding. I went Lack to Dougherty's engine and saw that Niianc! was dead. I sent a mes su;e to IIocLw'jod to have an oiiuer at the station to arrest Fahrer. The only conversation I had wi'.h Fuhrer was wtiiieon the way to R ickwood when he asked me to collect his time at Conuells ville, as he owed his landlady there and he did nut want to beat her out of her payaa be said he miht han on this ca-. No cross examination. Anthony King sworn : "Live at Con nelisviHe; am a locomotive inspector. I know No.4SJ on which the murder took place. This model here is a fair repre sentation of that engine. The witness then gave a very thorou'a des.-riptl n of the engine from the model, and tiie mea surements of No. 4S-i. William Niland sworn; I live at Con nellsviile; am a brother of Michael N, Iand, the man who wa- shot. 1 saw my brottierut Rock wood after he was dead. I w as present at the inic-stand pul antr um examination. Dr. Masters sworn; Live at Rock wood. I made a m rt, .n examina tion of the body of Michael Niland and found his heart had been perforated ; did not tind the bullet, but am satisfied that that wound caused bU death. No cros examination. James Finery sworn: L-e at Con nellsville; am supervisor of trains acd engines; have had 2S yoari esperiem-e (This witness corroborated the testimo ny of Anthony King, who gave the mea surements of the engine oa wL'ch the tragedy occurred.) Fred Dapont Severn: Am constable of Kockwood. I arrested the defendant on Kephart'a engine at Kx-kwooJ sta tion. I asked as soon as the train pulled in, 'where is the man who did the shoot ing?' Kephart said: 'Here heis,' point ing to the defendant. Where is ycur gun, I asked. The defendant handed it to me and said he wanted to give him self up. (Itevolverexhibited i. This is the revolver. It had recently been tired cff. It is a five-shooter. Four cartridges are still ia it. Sheriff Good identified the revolveras the one given into liLt custody by Con stable Dupont. Ir. Masters was recalled and testified that a caitriJe such as was usc-J in Fuh rer's revolver would have ma le a perfor ation such as was found in Niiand's body. J. G. F.xline sworn: Live at Connells ville; am a fireman : I was on Kepharts engine, No. ou'2, on Voders aiding on the night of March 1st ; N ). 48 1 w as ahead of us on the siding ; D iu'. arty tol l us of the sh.Kiting and I went bark to his engine and saw Niiand's body ; met Fuh rer at the head of Dougherty ' engine, he said he would give uimself np ; I aked, " my (rod, why did you shoot this man?" he answered, the fireman was imposing on rne ail niht ; Fordish then told ma that N.'.and came towards him w ith a pick and called him a s of a b and a b and told him that he shouldn't rule on Lis side of the engine, an 1 that when he kept on calling him names he shot him when he looked up from w here he was digging. Joseph Dougherty recalled : Witness explained how the engineer's anl fire man's seats are attached in the cab of an engine. The idea of this testimony was to show how easily the fl.igm.n could have escaped from the engine had he w iiitel to. CASEOPLXEI FOKTIIB OKFEN E. Ex-Judge Baer opened the case in be half of the defensj. He declared that the e )tnmou wealth had adduced stu-h Ust imo ny as made it impossible for tiie j try to bring in a verdict of murder in either the fir. t O." second degree and the only question regaining was whether or not the de fense could establish a case of jnti:iable homicide, which he believed they would Lave no trouble in doing. Florence Fuhrer the defendant sworn. Examined by Judge Bear : I entered the service of the B. A O. Co. on the 16th of Feb.; on March 1st I was called to flag 4S3 ; that was my firet trip on the east end and was the first time I had ever seen Niland and Dougherty. I was called to go at 3 p. m. I got on the engine and commented looking for the lamp. I only found one and askf d Ni land where the others were. He asked me how many I wanted. I replied I have been accustomed to u.-ing two. I then helped bun to coal the tank; be 1 WHOLE NO. 2101. asked me to get him a shovel and I went to the store-Douse and told a lie to get one for him. There wasn't much said np to this time between Niland and me but I saw be took me for a green horn. When we got onto a switch near Confluence I thought we were on a double track and asked Niland what it meant. He said bail track. When I saw we were oa a siding I jumped off the engine and went back the side track with my flag. I met another flag-nan ou the track who asked me where I was going. I told him I was going back to flag a train. He told me that the train was on the same siding on which we were. When I got into the caboose I told the boys there as a joke on myself bow I had been flagging a train on a siding. Niland spoke up and said ; I don't believe yoa were ever on :J0 trips in your life, NilanJ told I would have to help him shovel coal. I toll Lim I would if I felt like it. At Sand Patch he growled at me about turning the timetable. Hj would not answer any thing I asked him and would not get off of the seat to let me pass. When we got to Voder's Sidins I opened the switch and shut it after the train bad passed in. I picked up a board and fixed it in the cab for a seat as I knew Nilan J would growl about my sitting on his box. All ef the co.il on the top of the tank was off. I had shoveled it down on the way up. Niland called to me, come out here and shovel down coal. I answered, what, shovel coal for alight engine. He said it's your duty. I auswered, I gness cot. You are paid for sitting there are you, he said ; I an swered, yes. He said yoa can't ride on my side of the engine. I replied, I don't see how yoa are going to get me out. Then Lo commenced damning me; I only laughed at bis swearing. He kept it up until I couldn't stand it ; I walked tow ard the door and pulled off my mitten an 1 while I was fumbling to put it iuto my pocket the engineer said, "put np your gun, you don't need any here." I never answered him, but I leaped over Niiand's seat ; I told Niland I did not care to be abused, that it was only an im position for him to ask me to shovel coal on a light engine, that I wasn't paid for that busine-s. What are yoa going to do about it, he asked. If you don't stop I'll have to make you, I said. lie called me a bastard and had his pick up raised. I siipped my hand onto my pit to! hilt; Niland said I'll drive you through the cab you s of a b. I told him not to be calling me names and said before you drive me tti rough this cab yoa Irish s of a b I'll make a sieve out of you. He wanted to know what I would do it with. 1 le then raised the pick and said you bas tard, you 3 of a b , and came toward me. I started to retreat ; I run against the 9eat and as I couldn't g-!t any further I fired ; Niland was at the door; I stood in the tab; I didn't kno what effect the shot miat have; when I tired I thought it was a case where one of ns must die and f r that reason I shot at his heart, as I thought that was the place that would have the qnicke?t action and keep the pick away from him : Niland started to fall and Dougherty rurixht him ; he fell on hts back ; Lotigherty w as looking for the w ound when I told him I think you will see that he is shot through the heart ; I "pulled Niiand's shirt off anl showed Dougherty where he was shot; Dougher ty said, you have murdered this man, you have shot him through the heart; my answer waa, I couldn't help it ; I had to ; Kephart said, you've killed your maD, how do you feel about it; I said how would jou or anybody feel : he wanted to know how I came to do it and I told bitu Niland had called me names and came at me with a pick ; he said if that's so you could net help it and stick to it , there w ete three or four others there bt side Dougherty and Kephart and they mibt have heard w hat I said ; how none of them came to ay so on the statd I can't understand ; I shut because I thought he was going to hit me with the pick ; he cvcld have reached me with the pick and two feet past me. '"Did you think your life was in dan ger?" asked Judge Baer. Objected toby Gen. Koontz. This question caused prolonged argu ment participated in by attorneys Mar shall, Faer and Koontz. The question was tiaallv admitted. ltie w.t.-.e;-s repiieu: 1 Uul, in an swer to the question. Cress-examination : When I got into the caboose the conductor, a brskeman and the flagman's brother were there. Don't know whether Niland was there or whether he came in there afterwards. They all laughed at the story I told about my tl igging the train. Niland said if he bad a boy who would do such a thing he wcuid throw him into the river. We all laughed at what he said, too. I got snry when Niland told methsthe would show me something about railroading before he got through with me. I dou't knw whether there would have been any trou ble if I had kt pt my seat in the cab. 1 don't know what Niland would have done. Niland didn't know that I bad a gun and doesa't know it yet. What I said to Nilan I I said plainly and ia a way that any man coul 1 understand. I told Kephart in the presence of others that I shot in self-defense. I told only what I was asked to that night. I did not try to slip away that night S. O. Fletcher sorn : " Am a Conduct or on the B. & O. I knew Nilaad; I saw Niland and Fuhre." together on the trip on the evening in question. (This witness corroborated Fuhrer "s story as to what occurred in the caboose near Con fluence.) I w as making out my reports and I said to the men ; Here, now, boys not so much no:s2 In here or I'll lick both of you. All of the conversation in the caboose wa3 good natural. We were only joking. Dr. J. W. Carothers sw orn : Have been practicing t) years, if the wound was indicted when the arms were raised the externa! orlfi -e would be higher than the internal oiiiice. I draw this distinc tion as the qncHtion was pat to me. Dr. Gildner sworn : Live at Rock wood ; was acting coroner; held an in quest on the body of .Michael Niland on March 2uJ. The appearances of the body and the wound indicated that the I arms were up when the wound was made. Crosexiruination: I can't say in ml,;,-h n,ili,in tha hands were raised, If the person who fired the shot had been standing directly in front of the person who received the shot the ball would have passed through the body. Dr H.Clay McKinley rsrora: Lira in Meyersdale ; have been a physician and nrgeon for 27 years, t This witness cor roborated the testimony given fy the phyjicians who proceeded him on the stand.) TETIVONT IX CK8VTTAL. Joerph Dougherty recalled : The de fendant was not impose! npon. I did not tell defendant to put up bis gua. I did not hear defendant say ho shot in st'I-deft-csc. n. M. Kephart recalled : I did not tell the defendant to stick to it when he toM me about Niland coming at bira with a pick. Case closed and witue3 discharged at 2 r. m. Thursday. After the case had been closed counsel spent a half-hour in arguing the points of law on which they desired the court to in struct the jury. District-Attorney Colborn commenced his argument to the jury at 3::, and af tei speaking a half-hour was compelled to quit on account of sickness. Ha presented the case of the common wealth ably and impartially, and asked for a verdict of murder ia the first degree. Mr. Colborn waa followed by exJudge Baer for the defense. This was Mr. Baer's first appearance before a jury in the capacity of an attorney since he was elevated to the bench atmott eleven years ago, and he made one of the most logical and clear-cut expositions of the law gov erning the case ever beard in the Somer set county courts since the days of Judge Jere Black. Notwithstanding the fact , that the Judge has not plead a case for so long a period, it is evident that ho has lost none of his old-time vigor as an ad vocate. Hon. Thos. M. Marsha!!, "glorious old Toiu Marshall," aa he ia atfectionately called by bis friends, the most eminent criminal lawyer in Pennsylvania, if not in the I'nited States, followed Judge Bjer f jr the defen. He was listened to with breathless interest by the lanre aadience occupying eer available inch of spa-e in the large court room. Mr. Marshall analyzed the testimony adduced as only a master in the profession can an t crea t h! enthusiasm that was dithj.tit to sup press by his vivid declamation when he arrive) at the point where Niland ap plied the opprobrious epithets to Fahrer, re.ie-ting bti the character of hi mother an 1 of his birthright. It was a won-br-fal appeal to the manhood cf the jurors aid left an impression on the audience tint will not soon be forgotten. Mr. Mirsball paid a high compliment to the ta'ent ef the Somerset bar, aa.1 s.ti 1 th.it h? had only come to Somerset to defend a boy from his ow n county of Allegheny. At the conclusion ( Mr. Mirshall's ad dress court adjourned to meet at 7:4') p.m. iener.il Koontz began his argument to the jury in behalf of the commonwealth, at 7:40 p. m. The General's oratorical ability is to well-known t-o the people of this county to require any comment, but he never spoke with more earnestness or t better effect than he did on this occa sion. The several interruptions of oppos ing counsel only intensified the speaker's invective. He rehearsed all of the testimo ny from the commonwealth's standpoint and concluded bv aikicg the jury to make a true deliverance in accordance with the evidence. Judge Longenecker charged the jtiry Friday morning, lie spoke for over an hour, and iu that ti me rehearse ! ail of the principal evidence ia tha cm aul clearly oerineJ the law on homicide. The jury retired to their room at 20 minutes past 12 o'clock au l shortly af terwards took a ballot. Toof the jur ors are nnJerstool to have voted for murder ia the first degree, six for mur der in the second dsgrevand four for vol untary manslaughter. The jury wrestled with the question of their verdict until 6 o'clock in the afternoon, when t hey unan imously agreed upon a verdict of "volun tary manslaughter." I have been a great sufferer from ca tarrh for over ten years; had it very bad, cou'J hardly breathe. Some nigUts I could not sleep and had to walk the floor. I purchased Ely's Cream U.ihrt and am using it t'ree'y, it is working a cure surely. I have advise 1 several friends to use it, and with hapy it-suits in every case. It is tho medicine above all others for catarrh, aad it is worth its weight in gold. I thank God I have found a remedy I can use wi;h safety and that dots all that is claimed for it It is curing my deafness. B. W. Sperry, Hartford, Conn. Lady So you have no objection to children here? Janitor (city flat" No, niuai. " What do you charge for this tl it ?" " Ho many kids have ye?" "I have three children." "Sixty dollars a month.'' "That's rather high."' "Our reg'Iar terms, mum. Tacnty dollars a kid." Bucklans Arnica Salve. Tiie best Sa le int'a w rl 1 for Cut?, Bruises, Sorts, L'Icers, Solt Rheum, Fever Sores, Tett.-r, Chapped Hands, Chil blains, Corns, anl alt Skin Eruptions, and positively cures. Piles, or no pay re quired. It is guaranteed to give perfect satisfaction, or money refunded. Price 2o cents per box. For sale by J. N. Sny der. Policeman You come ri-ht along w ith me. Inebriate Take some ether fcllo. Don't take me. I'm aa uulueky enss. Every time I prouaenad-j with a police man I get locked up. A Leader. Since its first introduction, Electric Bitters hasgined ra;ri i'y in popular fa vor, until no it is clearly in the b-ad among pure medicinal tonics and altera tives con'aining nothing which per mits its '.He as a beverage or intoxicant. It is recognized as tiie bt-st and purest medicine for all ailments of the Stomach, Liver or Kidneys. It will cure Sick Headache, Indigestion, Constipation, and drive Malaria from the system. Satisfac tion guaranteed with each bottle or the money will be refunded. Price only GOo. per bottle. Sold by J. N. Soyuer. It is announced from California that ;!(i,0UO has been paid by a young man for a " green yearling colt." Hs evident ly wished to secure a mount thot would match his own color. ) A pnpil of a Germantown school wrote ! a composition the other day on insects j in which he said "the spider is the most web-footed of all creeping things." Guaranteed Cure. We authorize our advertised druggitt to sell Dr. King's New Discovery fir Consumption, Coughs and Colds, up n this condition. If you are affected with a Cough, Cold, or any Lung, Throat or Chest trouble, and will use this remedy M directed, giving it a fair trial, and ex- periencing no benefit, you may return the bottle and have your money rtfund- ed. We could not maka thin offer did we not know that Dr. Kiiiz's New Vli- covery could be relied oa. It never Ui- appoint. Trial bottics tree si J. --. der'a Drug store. Large size 50 cents and $1.00. !
Significant historical Pennsylvania newspapers