gnquim
IS PUBLISHED
EVKRY FK [DAY JiOKNINQ,
j, R. DIRBORROW AM# JOHS LITZ,
ON
jIIJANASt., opposite the Mengel House
iJEDFOKD, PENN'A.
f T Ell MS:
... yo a year if paid strictly in advance.
ir <• iald within si*, months 112.90.
jfnot paid within the year HS.OO.
j)vofc,isioaat & gumiw* ®atdo.
ATTORNEYS AT law.
1 HX IMLMKB,
•' Attorney at law, llclford. Pa,.
Will promptly attend to all business entrusted to
his care.
VfU Particular attention paid to the collection
of Military claims. Office on Julinnna St.. nearly
opposite the Mengel House.) junc2!!, '65.1 y
I B. CESSNA,
,J . ATTORNEY AT LAW,
office with JOBS CESSSA, on Pitt st., opposite the
Bedford Hotel. All business entrusted to bis care
will receive faithful and prompt attention. Mili
tary Claims. Pensions, Ac-, speedily collected.
Bedford, June 9,18(15.
roIIN T. KEAfIY,
A ATTORNEY AT LAW, BEDFORD, PA.,
Will promptly attend to all legal business entrust
ed to his care. Will give special attention to
claims against the Government. Office on Juliana
itreet. formerly occupied by Hon. A. King.
;n>rll:'63-ly.
J. IT. DLBBOBKOW WKS IJVTI *
DCRBORROW A LUTZ.
.ITTOK.Vh l'S .I T f \
BEDFORD. PA.,
Will attend promptly to all business intrusted to
their care. Collections made on the shortest uo-
Thev are, also, regularly licensed Claim Agents
and will give special attention to the prosecution
of claims against the Government for Pensions,
Back Pay, Bounty, Bounty Lands, Ac.
Office on Juliana street, one door Couth of the
"Men -el House" and nearly opposite tho 'r'"'cc
office. April 23.1865:tf
IJYSPY M. ALSIP,
HI ATTORNEY AT LAW, BEDFORD, I A.,
Will faithfully and promptly attend to all busi
ness entrusted to his care in Bedford and adjoin
ing" counties. Military claims, Pensions, back
pay, Bounty, Ac. speedily collected. Office with
Mann A Spang, on Juliana street, 2 doors south
of the Mengel House. apl 1, IM>L tl.
MR A. POINTS,
ATTORNEY AT LAW. BEDFOUD, PA.
Respectfully tenders his professional services
to the public. Office with J. W. Lin gen teller.
Ksu , en Juliana street, two doors Pouth of the
••Mcngla House." Hec. . l<^4-tf.
RIMMKLL AND LINGENFELTEK.
ATTORNEYS AT LAW, BF.UFOJIP, I'A.
Have formed a partnership in the practice of
the Law Office on Juliana Street, two doors South
of the Mengel House,
aprl, 1864—tf.
ROILN MOWER,
J ATTORNEY AT LAW.
BEDFORD, PA.
April 1, 1864.—tf.
de¥tisth.
0. S. J - G - Jll.
DENTISTS, BEDFORD, PA.
Ojjice in llie Baule Building, Juliana , *
All operations pertaining to Surgical or Me
chanical Dentistry carefully and faithfully per
formed and warranted. TERMS CA-H.
jan6'6o-ly.
DENTISTRY. ... ,
I N BOWSER. RESIDENT I>F.NTIT, W OOD
BERRT, PA., will spend the second Monday, Tues
day. and Wednesday, of each month at Hopewell,
the remaining three days at Bloody Run, attend
ng to the duties of his profession. AUll otber
imes be can be found in his office at Woodbury,
excepting the last Monday and Tuesday of the
same month, which he will spend in Martmsburg,
Blair countv. Penna. Persons destr.-ig operations
should call early, as time is limited All opera
ions warranted. Aug. 0,1864,-tf.
PHYSICIAJfi.
UK. R. F. HARRY, .
Respectfully tenders his professional ser
vices to the citizens of Bedford and vicinity.
Office and residence on Pitt Street, in the building
(ortnerlv eccnpied by I>r. J. 11. Hofius.
April 1, 1864—tt.
T L. MARBOURG, M. IX,
J . Having permanently located respectfully
tenders his pofessional services to the citizens
of Bedford and vicinity. Office on Juliana street,
opposite the Bank, one door north of Hall * Pal
mer's office. April 1, 1864—tf. i
HOTELS.
BEDFORD HOUSE,
AT HOPEWELL, BBPFORD Comrr, 1 a-,
BY HARRY DROLLINGER.
Every attention given to make guests comfortable,
who "stop at this House.
Hopewell, July 29, 1864.
tT S. HOTEL,
) . HARKISBUKO. PA. ,
CORNER SIXTH AND MARKET STREETS, j
OPPOSITE REAPING B- *• I'EPOT.
I>. H. HUTCHINSON, Proprietor.
j*n6:6s. .
IMVKIHS.
G. W. HUPP O. E. SHANKO* V. BF.NRDICT
RUT, SHANNON A CO., BANKERS,
BEDFORD, PA.
BANK OP DISCOUNT AND DEPOSIT.
COLLECTIONS made for the East, West, North
and South, and the general business of Exchange,
transacted. Notes and Accounts Collected and
Remittance? promptly made. REAL hb lAI e,
bought an<l wti apr.l >, W-tf.
JKWFIIKR. AP.
JOHN REIMUND,
CLOCK AND WATCH MAKER,
in the United States Telcprtph Office,
BEDFORD. PA.
Clocks, watches, and all kinds of jewelry
promptly repaired. All work entrusted to his care
warranted to give entire satisfaction. [nov3-lyr
DANIEL BORDER,
PITT STREET, TWO DOOP.S WEST OP THE BF.B
FORD HOTEL, BR.IIFORD, PA.
WATCHMAKEIt AND DEALER IN JEWEL
RY. SPECTACLES. AC.
nc keeps on hand a stock of fine Gold and Sil
ver Watches, Spectacles of Brilliant Double Refin
ed Glasses, also Scotch Pebble Glasses. Gold
Watch Chains, Breast Pins, Finger Rings, best
<iuality of Gold Pens. He will supply to order
any thing in his lino not on hand.
npr. 28, 1865—Jit.
Hoods SuilaUe for llollLlny Present*.
HENRY HARPER,
SSO ARCH Stteet,
PHILADELPHIA.
WATCHES,
FINE JEWELRY
SOLID SILVER WARE,
and Superior SILVER PLATED W ARE.
Oct. 6.:3 m. ___
TOBACCONISTS.
Dw. CROUSE A CO.,
, WHOLESALE AVD KETAII.
TOBACCONISTS,
One door west of the Post Office, above Danwd
Border's jewelry store, Bedford Pcnn a., arc now
prepared to sell by wholesale or retail all kinds of
Tobacco, Cigars and Snuff*.
Orders for Cigars promptly filled. Persons de
siring anything in their line will do well to give
them & call.
Bedford, Oct. 20, '65.
JUSTICES OF THE PEACE.
JOHN MAJOR,
JUSTICE OF THE PEACE, HOFKWELL,
BBIIFQBU co I*ATV . Collections and all business
pertaining to bis office will lie attended to prompt
ly. Will also attend to the sale or renting of real
estate Instmu ents of writing carefully prepar
•d. Also settling||np partnerships and other ac
count!. A|.l '!—tj.
ftkfrfovD 3huimrev,
DUKBORROW A LUTZ Editors and Proprietors.
fpilffltl §taquim.
THE CRDUSK HOMICIDE CASE.
[COXTINPEII.]
Valentine Price, stcorn —Was at the fight
on Saturday afternoon; I was sitting before
Mongol's door with Mengel Reed and a
couple of others I did not know. Grouse
came along and called Mengel Reed a John
ny Reb; by that John P, Reed came along;
hut Mengel had said before "you've been
insulting uie" and John P. came along and
asked "what was the matter, - ' Mengel said
"he's been insulting me again, calling me
Johnny Reb ;" J. P. Reed said that "if
there's any fighting to be done I'm here"
and stepped in between them; by that Mr.
Grouse made at John P. and attempted to
strike him, but Mr. Reed knocked of his
stroke and struck him and knocked him
hack, Reed then turned around and handed
some young man his hat; Crousc struck at
him and came at him again when they clinch
ed; Reed throwed him against the post.
Then Mr. Jacob Reed and McCau lin part
ed them; I was fifteen feet from the parties
when the fight began: Reed went to Men
gel's bar room; Grouse remained fifteen or
twenty minutes at the post, and he said to
some one "by God it's not all over yet,
he said he wasn" t satisfied with that; Reed
went to his father s house; Grouse followed
him to the house; I heard nothing said by
him; I, have known Grouse many years;
Grouse talked in an ill manner to Mengel
and within about a step of him; I didn't
see Mengel Reed try to strike him.
Cross- xnmined —Mr. Grouse had passed
Reeds s house before he met Mengel; he
was going South; Mengel was not on the
pavement: didn't sec John P. until he came
to Grouse and Mengel Reed; didu't hear
Mengel say "I'll cane you." I was sitting
right before the entry door.
Jacob Rccd, siroru —I did not see the first
of the fight, 1 saw there was a fight but did
not know who it was, I soon found it
was my nephew and Crouse, I took hold of
John P. to separate them, John P. had a
decided advantage of Crouse; Crouse's head
was under John P.'s left arm; John P. was
striking Crouse left handed licks; when 1
took hold of John P. no one had hold of
Crouse. After they were parted Crouse
was talking; L commenced with him why he
could not let those boys alone; I asked hiui
why he insulted them every time he met
them; he said his mouth was his own and
he'd insult them whenever and wherever he
pleased; I said his mouth was a dirty black
guard mouth, that if he got it hurt he
should blame no one but himself. When I
put my hands on John P. he had his coat
on; my impression is Crouse hud no coat on;
Crouse followed 10 feet in rear of John P.;
when John P. went to his house he stop
ped at the door.
At this point the Defendant's attorneys sub
mitted the following propositions to the Court,
which was objected to by the Commonwealth:
"The counsel l'or the defendant propose to
prove by this witness, and others to be called,
that as far back as August, 1804, Jacob Crouse,
the deceased, offered the grossest insults to
Mengel Keed, the brother of the prisoner:
that these insults were continued from the
time mentioned, until the Monday before the
killing, on various occasions, and in the pres
ence of the mother of the defeudent, and of a
number of other persons; that the deceased
threatened the life of the defendant in Octo
ber, 1804; 'that he threatened if ever J. P.
Reed came back to Bedford, and he (Crouse)
; got his eyes on him he would kill, would
shoot him: that he was an officer and had a
; a right to shoot him. This was made in Feb
ruary. 1885. That on Monday night before
the killing Crotise said John P. Reed shall
either kill rae, or 1 will kill him; that these
threats, menaces and insults were communi
cated to the defendant before the killing."
"The Commonwealth objects to any evi
dence of insults to Mengel Reed as no justi
fication for the act of defendant in shooting
deceased.
That threats not made by deceased at and
about the affray on Saturday, or in the inter
mediate time, between that and the shooting,
are not evidence, as not being part of re
gesta.
Upon this proposition the Court delivered
the following opinion:
'•Mr. Jacob Reed was produced as a wit
ness on behalf of the defendant, and amongst
other things testified "that he (the witness)
expostulated with him (Crouse) and asked
why he could not leave those boys alone, and
why he insulted them every time he met
them. lie (Crouse) said his mouth was his
own ond he would insult t'hem whenever and
wherever he pleased." And the counsel
then proposed to follow this with evidence of
threats of Crouse to kill John P. and Mengel
Reed, it evc.r they would return to Bedford,
and also of threats made to kill thein after
their return —that .hese threats were made
during the twelve months proceeding and up
to the killing, and that they were communi
cated to the defendants family prior to the
killing."
The counsel for the Commonwealth inter
pose no objection to the evidence as far as it
has already been given in, but object to the
additional evidence offered.
In this case the killing of Crouse by the de
fendant is not denied, but it is alleged that
he killed him in defence of his own life, or to
protect his person from great bodily harm —
and it is now proposed to offer proof of threats
as far back as twelve months ago, as evidence,
outside of the facts and circumstances attend
ing the fatal rencontre, tending to show that
the accused had reasonable grounds of appro
hension that his life was in imminent danger,
or that he was likely to suffer great bodily
harm from his assailant. In support of this
offer the counsel rely on some authorities
tjuated by Mr. Wharton in his Criminal Law.
vol. 1. s 641. The eases referred to are
Paynes vs. .State, 17 Geo. 465; Monroe vs.
State. 5 Geo. 85; Com. vs. Nelson, 1 Gray R
887, and the People vs. Shorter, 4 Bait. 460.
A LOCAL AND GENERAL NEWSPAPER, DEVOTED TO POLITICS, EDUCATION, LIT ERATURE AND MO RALS.
But this same author, in his book on the law
of Homicide, p. 227, seems to confine the
admissibility of such evidence to threats of a
recent date, and on the same page, he cites
the case of The People vs. McLcod, 1 Hill,
377, for a contrary doctrine and in which it is
held that the right of resorting to force upon
the principle of self-defence, does not arise
while the apprehended mischief exists in
machination only; and also the case of The
Stats vs. Green, 4 Iredell 409, a North Caro
lina case, where it is ruled,that a belief that a
person designs to take life, will not prevent
the killing of him from being murder, unless
he is making some attempt to execute his de
sign, or, at least, is in an apparent situation
to do so, and thereby induces the party as
sailed, reasonably to think that he intends to
do so immediately.
There is some reason for receiving evidence
of recent threats against the life of the accus
ed, so recent that they may be deemed part
of the rt gesta, to be taken in connection*
with the evidence of the facts and circum
stances at the time of the killing, to show
that the party had well grounded ap
prehension of danger to his life, or of great
bodily harm; but we think it would have a
tendency seriously to diminish the security of
human life, to establish a rule as broad and
extensive as that embraced in the offer, and
particularly where the party menaced has not
seen tit to claim the protection of the law
against threats of this character. We feel
the force of the argument that great latitude
should be allowed in favorem vitae, buton the
other hand, our sworn duties will not permit
us to overlook the demands of public justice,
or to make rules of evidence that may help
to weaken the security and protection the
law is designed to afford for the life of the
citizen.
The rule now insisted upon is by far too
important in its character and probable con
sequences, and is without that support from
adjudicated cases, to justify this Court to en
graft it upon the law of evidence for the trial
of criminal cases—and especially in cases of
homicide. In giving this decision we feel
very much gratified, if any injustice should
arise from it, that it can be reviewed by a
Court of Error.
We therefore reject the evidence of threats
except those occurring and made recently be
fore the time of killing.
The counsel of the defendant except to this
ruling and pray the Court to seal a bill of ex
ceptions, which is done.
A. KING, [I.. s.]
Agnes Gardner, mcorn —l knew Jacob
Crouse; saw him on Monday evening before
the killing atßlymyer's and he said he would
kill Heed or Reed should kill him. It was
a little after dark; he was talking to another
man; I was going down street home, walk-,
ing very slow. He spoke in an angry tone.
Cross-examined —I was going past Bly
myer'; was going down street; he was
standing where the stoves were; I told father
next morning about 9 o'clock; he was the
first person to whom I told it; he was the
only person to whom I told it; I was wash
ing at Mr. Russels the day he was killed;
wasn't at home the next day until after din
ner; went to do washing the next morning at
6 o'clock; told my father at 9 o'clock at
night.
Joseph Anders, sworn —l knew Jacob
Crouse; saw hint at the first fight; he fol
lowed Mr. Reed to his office, he then went
down street to the corner and said that this
would not be the last oi it, mat Reed was a
damned rebel and he would have to leave
town or he would take his life; he was at
Fetterley's corner; he was telling it to tny
brother George in an ordinary conversation;
he was in a bad humor; it wasn't over half
an hour after the fight.
Cross-examined —I live in .St Clair Tp.;
started out of town in the evening; told it to
some of the boys out in our corner same
day; don't remember whether I mentioned
it the next day; have talked about it repeat
edly; Crouse said Reed was a rebel and he
would throw it up to him every time he met
him; it was aliout 60 yards from Reed's
house.
Thomas Booher, sworn —I knew Jacob
Crouse, saw him after the fight; saw him
at Grove's Hotel; asked him who blackened
his eye, lie said the Johnny rebs hit him ;
asked what they had done it for; he said
that he hadn't done more than usual, called
them ' Johnny Rebs," and lie|said he would
see them or catch them again; there were a
number of soldiers standing by.
Cross-examined —He said "Johnny rebs;"
he said "I will see 'cm again or catch 'cm a
gain;" he had a black eye; I think I told
my father first; I understood him to refer to
John P. Reed.
J. Frank Cook, sworn —I knew Jacob
Crousc; saw him after the first dificulfy on
the street; he said he was going to have re
venge out of John P. Reed; saw Crouse
and a soldier out of the 187 th Regiment be
tween the printing office and and Palmer's
office; to the best of my knowledge he had
a cane or club in liis hand; he remarked
that if he didn't see John P. Reed that
night he would see him again. Crouse's
manner appeared to be rash; it was the
the night before the killing; he appeared to
be in a passion at the time he said he would
have revenge; I told John P. Reed and said
he should be on his guard; 1 told him be
fore the encounter on Tuesday; being that
Crouse said he would have revenge out of
John P. I told the family.
Cross-examined —He was talking to a
couple of soldiers; I think ho told the fam
ily the same evening.
Samuel Diehl, sworn —I knew J. Crouse;
saw him in (irove's hotel on Saturday night
after the fight; he said some of them laugh
ed that day when he got a black eye from
John P. Reed; he said Schcll W. Reed had
hollowed that day to kill him, and he tho't
he would catch him again; he said he could
whip all the Reeds from the biggest to the
least and didn't want more than fifteen min
utes between drinks.
Cnss-exttmmed—l told John Harris first;
BEDFORD. Pa.. FRI
don't remember telling any one until after
the shooting.
Re-examined —lt was spoken in tho bar
room in an ordinary conversation.
Joseph S. Beegle, sieorn —I was in town
on Saturday afternoon; saw Grouse after the
fight at Grove's hotel; he told a soldier then
that their boys up there said they could take
their jackets off them, there were eight or
ten soldiers present, I stopped at Grove's
when I saw the crowd there; the soldiers
swore the Reed's couldn't do it; Crousetold
them they'd better go up and they started
and I started ahead of them and saw John
P. Reed before the door; (J. P. Reed, Sr.)
I told him that he'd better go in the soldiers
were coming up and tliey might raise anoth
er fuss. He went in *nd shut the door. I
sat on the steps of Reed's house and the
soldiers and Grouse came up to the hatter
shop where Crousc stopped and the soldiers
came on up tusoldiers stood
before the house then and swore they were
the boys that could take the jackets off of
theui; they didn't see any body, and I said
how would you like it, it looks like if you
were going to mob a body; the soldiers said
they should come out and take the jackets
off them if they could.
H iii. Rush, sworn —l was at the court
house an Saturday evening after the first
difficulty; the soldiers met in front of the
court house and William Riffle got up and
proposed to ride Reed's boys and the cop
perheads out of town; the soldiers went
down street; this meeting was before dark;
I then came up street after dark and there
were some soldiers and others at Reeds house.
I did not tell John P. Reed of this; I know
the soldiers were there after John P. Reed;
John P. Reed, Sr. was there; I was there a
couple of minutes. The soldiers were talk
ing about John P., talking against him; I
don't remember that I saw John P. Reed jr.
that evening; I think I saw him sitting on
a chair that evening; I remember now very
well I told Reed jr. of this vote.
Cross-examined —The soldiers were not
very noisy at the time they were at Reed's;
they were noisy when they were at the
court house; George Gray was present at
the meeting at the Court house.
George Gray , sicorn —l was at the sol
diers meeting at the court house; the sol
diers appointed a committee to wait upon
J. P. Reed and order hiru to leave town.
That is all I heard there and the soldiers
started down street.
Cross-examined —l was with the soldiers at
the meeting as long as Rush was; we fol
lowed the crowd down street to see what
was to be done, the crowd sepersted, I
saw J. P. Reed on his father's door steps
nothing said to him in my hearing.
Jacob Reed re-called —Deft's mother was
at her window crying they will kill him: I
told her it was all over: there was some
thing said I didn't hear; Grouse after a
momentary pause followed J. P. Reed down
street, I was at the house of J. P. Reed
when the soldiers came, one made motions
to J. P. indicating to him that he wanted to
see him ; the soldiers said to J. P. that they
understood that he said that he could whip
any one in their company; J. P. Reed de
claimed anything of the kind, he (J. P.)
said he'd gone about town as a gentleman
that he always tried to act as a gentleman;
He appeared to satisfy them that he didn't
make such a challenge.
Several soldiers were now standing just
off the pavement; they appeared consider
ably excited; I stepped out to talk to them,
1 inquired why they came there; they said
that Grouse and others told them or some
thing to that effect, that John P. said he
could whip any of them; I told them that
Crou.-a was a quarrelsome man, that he told
an untruth, that it was for the purjKise of
taking up his quarrel that he'd got them
there, that he was a man of no character
and no respectable men associate with him.
Mr. Shires and Mr. Jordan's son appeared
anxious to get up the fight; the soldeirs left;
on Saturday night I was in my store; Sam'l
Pefibaugh came in; I went up to Reed's to
place them upon their guard, and as John
P. was at my house and we sentSchcll down to
give information to John P. I heard some
one screaming and ran thitherward. I went
into the crowd to hunt up John P. to get
him away; there were fifteen or twenty sol
diers there; they were rushing through the
crowd saying "where is the damned rascal,
the damned rebel;" I told them there was
no damned traitor or damned rebel there.
The first sight I got of John P. was when
he, in a stooping pasture was trying, to get
out of the crowd, and Crou.se was trying to
rush on him, as Crouse was about to spriug
on him he threw himself forward and struck
him and knocked Crouse back; John P. was
immediately taken away by his friends; then
I turned my attention to the soldiers; I saw
Schell soon after, he appeared to be hurt
very badly; this was between 8 and '3 o'clock;
Schell's face and neck seemed to be swollen;
John P. was kept at my house till after
eleven that night; I went home with him; I
was at my brother's house very frequently;
was in my bank at the time of the killing; I
heard the report of a pistol; it didn't startle
me much until I saw Mengel Reed run past
my door; we rushed to the door; the first
thing that met my sight was Grouse on
hands and knees; I did not observe John P.
but Mengel; Mengel was standing 25 or 30
feet this side of Grouse; I saw Crouse'a
coat on the post; I saw Croupe's hand while
in his declining nocture, covering a stono
larger than the one produced to the Court;
I saw John P. next day; he suffered much; I
did not see the state of his body.
Cross-Examined. —I did not see the scuf
fle between Crouse and Schell.
Josejih A. Reed sicorn. —I am a brother of
the defendant; I was at my father's bouse
up stairs reading on Saturday, when the
fight commenced; I had my hat and coat off;
I heard niv ""Oho —" am and heard the
Y, DECEMBER 1. 18G5.
alarm of a fight and I ran down stairs into
the street without hat or coat; I saw the
crowd in the alley by the hydrant; I ran up
to the crowd, and saw my brother John
have his arm around Grouse's neck and was
pounding him; I next saw Mr. Nicodemus
take hold of him, with my Uncle Jacob
and part them; I was one of them who
took my brother into the bar room; I went
home with him to my father's house; I
stopped at the door; my brother was about
entering when I heard some one speaking to
him; it was J. Grouse who said now just
come out and strike me once; my brother
John raised bis hand and went in without
replying anything: he motioned him away;
John staid in the house after that; I was
sitting at the office with my brother John a
country gentleman came up, and said that
they were going to mob the house that night;
the boys said they were not going to give it
up so; he remained up about the house all
evening; 1 wal there when tbesoldiersgsame-.
two of them stopped; one of them said I
heard down here that you said you could
whip any Republican in our company; John
denied it; the soldier said if he did say it he
should come and try; I was sitting at my
uncle John Minnieh's shop door on Satur
day evening and heard a scream, something
like "oh my!" I ran down and saw a crowd;
my brother John was standing in a stooping
position; Grouse coming at him, John struck
him and knocked him back; then John dis
appeared and I didn't see him any more; it
was just after dark; there were a few shots
fired on Monday in my father's lot; I went
into the office and found John, Mengel and
father; father said his pistol had been load
ed ever since he got it, a year or more ago;
Mengel said he tried to draw the loads out;
father said Mengel and I should go and
shoot them out; wc went down and Mengel
took a pin; he tried one of the loads with a
cap but it wouldn't go off; he took the pin
and pushed it through the pivot; he then
took some powder and put it on the pivot
and shot off some four loadsinto the ground;
Schell hollowed at me on Saturday as I ran
down the steps; my brother went into the
house after the killing.
Cross-Examined.— My brother owns a
pistol; there were two pistols in the office,
my father's and brother John's; my father s
pistol is a five shooter.
S. J. Mc Caitslin sworn. —lam constable
of Hedford borough and also deputy Sheriff;
I was in the Prothonatory's office on Satur
day and was told there was a fight; I went
down; the parties were on their feet; the
fighting was over; Reed started toward the
Mengel house, and Grouse tried to follow
him; I took hold of Crouse and told him I
wanted no more fighting; he said if I didn't
leavejhim g6 he would hit; me I told him if he
did I would have him in jail in two minutes;
Crouse was a heavy man; he was a stout
built man; I met him on Monday in front of
the Post office, and he asked me why I was
not about on Saturday night to quell the ri
ot; I told hiui that lie objected to my inter
fering on Saturday afternoon antThad deter
mined if they wanted to fight they could
fight it out; I was present when the soldiers
came up; one said he heard that Reed could
whip any Republican in the compauy; Reed
denied it, and said he was not a fighting
man, but a student; tliey said they had been
told by Crouse or somebody else.
Schell W. Reed sicorn. —I am a son of J.
P. Reed and brother of the defendant; I
was attacked by Crouse near the telegraph
office on Saturday night; I went down to my
uncle Jacob's to tell my brother to come
home: Grouse jumped upon uie and knocked
me down; ha struck me in the temple; I
don't know whether I hollowed or not; I
was hurt badly: my face was swollen for a
week; I put ice and camphor upon it; I saw
Grouse knocked down and supposed that my
brother did it; I have never been well, have
been sickly all ray life; I was dressing and
going to the Springs; I heard my brother
Joe run, I had no coat on; T saw my brother
have Crouse around the neck; I do net
know whether I called out kill him or not; 1
heard the shriek of my mother and went
down and told her John was all right; don't
know whether Grouse had his coat on or
not.
Sarah Baylor stcorn. —We were shop
ping on Saturday evening. 1 went to the
Postoffice; we met Schell W. Heed; souie
body caught him by the throat; It was
Grouse: he beat him terribly; we heard the
blows on his back; Schell said he did noth
ing; the more he called out the more he beat
him; I saw J. P. Reed coming very fast.
Lieut. Adam B. Cam sicom. —I met
Crouse about 2 o'clock in the afternoon of
Saturday; he was setting on a bench in front
of Shuck's store; I noticed he had a black
eye; I asked him what the trouble was; he
told me he had got into a fuss with rebels;
he said as he was coming down from his
house Mengel Reed was standing on the
pavement talking with several persons; as
he got opposite to him he said how are you
reb or Johnny reb, I can't say which and
passed on his way down street; he hadn't
gone far when Mengel told him to stop that
he wanted to cane him; he told him Jic had
no further to go then just there to do it;
then he came towards him with his cane
drawn; just at that time Johu P. lleed came
lictwcen them; Crouse asked him. do you
take it up; he answered him with a blow in
the face; Crouse said Reed fought him very
purty and that he was a better man than
he took him to be, and if he would meet
again they would take it out, and if Reed
wliipped him he would drop it and say no
more about it.
Iliram Jjrntz sworn.— l was setting down
at Mr. Miller's steps on Saturday night and
JSchell Reed was coming along on thv oppo
site side of the street; Crouse hailed him
and began to beat him; he beat him out to
the middle of the street; Reed hollowed
that he should leave him go that be didn't
do anything.
VOLI MK 38 J XO. 49.
John P. Reed sworn. —Am father of the
defendant; I was in my office at the time of
the first fight; I heard a muss and ran out;
as soon as I got to the door I saw a crowd
near the alley, I walked up hastly; when T
got there I recognized my son having Crouse
down, who was hugging one of John's legs,
John appeared to have him under his con
trol completely; I felt inueL distressed but
didn't want to take any part in parting, for
fear I might be charged with unfair play;
my brother Jacob came rushing up and
caught hold of John at once; Esq. Nicode
mus came up and also caught hold of John
and they were both tugging at John and I
remarked that was hardly fair, some should
catch Crouse, that if Crouse got loose he
would strike him; Nicodemus then, I think
did take Crouse; Jon. Cessna came up much
excited; much vociferating and I stopped
liiiu, that he must cease his exciting the
parties; after the fight my son went ton ards
/he house; saw Crouse follow my
son towards our door; I heard no^;onvCrsa-
tion; Mr. Bceglc came and notified me that
I was in danger; that they were exciting the
soldiers; I had my pistol prepared; I told
my hoys to prepare theirs; I had a couple
of pistols, a bowie knife and a couple of
bayonet*; we had a little fort there, and I
presume if they had a come they'd a had
some trouble; a large number of soldiers,
about twenty passed my house in regular
order and one large soldier called upon my
son and said come here sir; my son went to
him, and I went to them; the soldier said
that he'd heard that John P. had said that
he could whip any Republican in the compa
ny; my son disclaimed of having said so,
that it was false; that he was no fighting
man kc. ; 1 felt very indignant and told the
soldiers that they were imposed upon; were
wrong informed; I had not my coat off on
Saturday afternoon at the fight; neither had
my son John P.; I told my son that I
thought it best to surrender to the authori
ties; I visited my son daily in jail; I think he
was there for 2 weeks.
H. Xtcodemus sworn. —I am Justice of
the Peace; I saw the closing part of Satur
day's fight; I saw two men fighting; I called
upon the men to part those men; we suc
ceeded; I think Crouse had his coat off; J.
P. Reed had his coat on; I don't know who
1 saw; 1 did see Sehell; I did not see 3len
gel.
E. F. Kerr sworn. —On Saturday after
noon 1 was at my office; followed behind
Crouse when he was following J. P. Reed
to his house: I was about 9 feet from the
door when Reed wentinto the house; Crouse
said strike me or fight; on Tuesday I heard
the report of pistol: I went to the door and
looked, Ac.
W. Stitcrs sworn. —Crouse told me on
Saturday that he had a fight with the Jonny
rcbs: and says it's not all over yet; all I waut
at them is another chance says he I think I
can fix him.
Cross-Examined. —Crouse's face was net
bleeding but a little black under the eye.
H. Clay Davghe.rty re-called —I went
down to Mr. Reed's door with John P.Reed
after the fight; he did not say that he would
shoot his heart out of him: I think I could
have heard if he had said so.
11. If. Fisher sworn. —I was at the door
when John P. Reed entered his father's
house; he did not say that he would blow
Crouse through; If he had spoke in an or
dinary tone I could have heard him.
John G. Fisher affirmed. —I was in Mr.
Palmer's office when Crouse was shot; I
went to the door and saw John P. Reed
walking toward his father's house; I saw
Mengel Reed standing on the edge of the
pavement; Mengel was taking no part as far
as I could see; he was looking toward John
P.; the screams attracted my attention as
much as the firing; the scream was after the
pistol firing.
Crost-Examined. —I was nearly opposite
to Reed's house; I was on one side and Mr.
Reed's house is on the other; I heard no
scream before the pistol was fired.
TTm. 0. Hickok stcorn.—l live in Harris
burg; I was here on the Ist of August last;
I was staying with my uncle; he lives on
Juliana street in the bank building; I first
saw Crouse coming down the opposite side of
Juliana street; I was sitting on Reamer's
steps; Crouse was going North; James Ly
on was with me; I next saw Reed coming
West; when I first -saw him he was step
ping upon the crossing; Crouse had been
advancing down the street; Reed was still
advancing North when he was accosted by
Crouse; I didn't hear what he said; Reed
was coming with his face to me and he turn
ed with his back to me and faced East: I
inferred that Crouse "had accosted him;
Crouse took off his coat and hung it on the
post; all this time Reed was motioning him
with his hand repelling him; as soon as
Crouse picked up two stones. Reed began
to retreat; he picked up the stones at the
foot of the post in the gutter; he retreated
obliquely across the street toward his fa
ther's house; Crouse still continued to fol
low him; with a position like this (giving
position) with a stone, watching Reed; I
did not notice the expression of his face; I
saw him throw; Reed had reached aoout
the middle of the street when Crouse threw
the first stone striking Reed in the left side,
as the stone struck him he threw up both
hands in this manner; (giving position I he .
had nothing in his hands when he threw
them up; Crouse threw the stones with very
i great violence; the bk>w staggered l eed
' back two or three steps; ('rouse follow
! Ed Reed to the middle of the street, in the
! mean while he passed another stone from
: his left to his right, he had drawn thesecond
atone about this distance t>aek, when Reed
! recovering himself fired; when Reed fired
! C. was in a throwing position: Crouse fell
forward on his knees then on his face; I saw j
Mengel Reed coming out of the house ami I
running down the street; I didn't see him
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draw the pistol; was looking at Crouse; I
didn't see the pistol until the instant it was
discharged: when Cronse threw the first
stone Mengel ran down; Crouse was the only
person who threw a stone; I am sure Crouse
had a stone in each hand: Reed was retreat
ing not approaching Crouse; the stones were
longer than my fist; Reed had his back to
me.
< 'rotf-Jsxsimined. —Reed had liisbackto
ine when he warned off Crouse, and kept his
face toward him; Crouse was about 15 feet
from the post when he fell; Reed was ten or
twelve feet from Crouse when he fell; I
could see his mouth move as if speaking to
lleed; couldn't hear a word; didn't hear a
word pass between them; I saw Smith's
carriage there; his horses' heads may have
been 8 or 10 feet from Reed when he fired;
the horses were facing toward the Springs.
In retreating Reed would have passed 15,
20 or 25 feet beyond the horse's heads; I
thought the hind end of the carriage was
Handing oti the crossing; < I was directly
West of the horse's heads; the horses
were right in front of me; to see
Reed when I first saw him I would look di
agonally across the horse's backs; I was set
ting when I first saw, but rose up as I ex
pected to see a fight; when I first Baw Crouse
he was immediately opposite Reed's house
at Nicodemus' office; Reed was about step
pine on the crossing when I first saw him;
if Crouse had passed he would have passed
between Reed and the house; his hack or his
side was to Crouse until he turned; Reed
did not turn until Crouse accosted him;afler
he accosted Reed he took off his coat; he was
walking toward the post taking it off; he
commenced taking off his coat after Reed
turned; after hanging his coat upon the post
he stooped down and picked up the stones;
the post stands out side of the tree to pro
tect it; I suppose Crouse was walking in an
ordinary manner as if going about usual
business; saw nothiug in his hands until I
saw the stones in them: Crouse was about
6 or 8 feet from Reed when he turned; when
the shot was fired he was about 4or 5 feet
from the curb of the opposite side of the
street where Crouse first accosted him.
lie-Examined. —I was sitting on the low -
er steps when I first saw them; I then got
up and went up on the upper step when
they met; I didn't change my position un
til after it was over; I have a ilistinct recol
lection of the events as they occurred; I
suppose the whole transpired in one minute.
James Lyon sworn.— l live in Bedford; I
was sitting on Reamer's steps on the first of
August with Hickok, the gentleman who
has just been examined; Mr. Hickok said to
me there goes Crouse with a black eye; 1 said
yes there he goes with a black eye yet; he
was coming down from towards Marbourg's
office; when I saw him he was between Nic
odemus' office and Keagy's; I set there two
minutes, perhaps, when Hickok said there
they go at it again; I saw Reed crossing first
between Oster's and Harris' corner; I then
run to the tree in front of Schaffer's, a few
steps from where we were setting; when I
got there, Crouse had his coat off; it was
hanging on the p.ist; I saw him pick up
two stones; Reed was coming this way; he
kept his eye on Crouse as near as he could;
I saw Crouse follow him up and throw the
first stone, hitting him in the left side; Reed
threw up his hands and made a very ugly
face; Crouse was in the position when Reed
shot him that he was when he threw thefirst
stone; I saw nothing in Reed's hands; I saw
Crouse fall: 1 did not see Reed approach him
at any time; Crouse followed Reed about 8
or 10 feet before he threw the first stone;
Reed kept retreating; Crouse's manner was
very violent; his teeth clasped; the stone he
hit hint with was about this large (giving
size); the stone that was thrown was not as
large as the one exhibited here the other day
but thicker.
Cross-Examined. —I never saw the stone
after Ciouse threw it; I was about ten feet
from Crcuse; I was still on the west side of
the street, 3 or 6 feet from the curb and just
out side of the hind wheel of the hack. the
wheel that was the furthest into the street;
waswestofCrouse and north of Reed.Reed B
side was as much to me as it was to Grouse;
after I saw Reed crossing at Ostcr s I did
not see him until I saw Crouse pick up the
stones; Reed and Crouse could not see each
other until they met
Re-Examined. —Reed ws.- coming along
j in an ordinary quiet way; tM*® was nothing
to hinder me from seeinr what I did see.
Ilcnry Jlokman swor • I will be 14 in
December; I live on tJ>f corner of Richard
and Thomas streets: I. was sitting at Hut
ton's steps; Mr. A*new I think was with
me, I think it wa- between 9 and 10 o'clock;
I saw Crousc rJing down street North;
Reed was going toward the west; both met
at the corner *nd kind of looked at each
other; then ( rouse pulled his coat off and
went into a kind of gutter and picked up
two large stones, one in each hand; Reed
was kind of retreating backward; Crouse
followed him up to the crossing; he then
threw one stone hitting him in the lelt side;
Reed threw up his hands open, Crouse was
then in a stooping position in the act of
throwing the other stone when I heard the
report of a pistol; Crouse kind of sank to
his knees and Reed went toward his father's
house; didn't see auy body else throw any
stone; the stone was about as large as two
fists; when Reed raised his hands there was
nothing in them; I did not see Reed ap
proach Crouse. Reed didn't threaten Crouse
Crouse looked very savage.
Cron-Examined. —Mr. Agnew was stand
ing down on the pavement; 1 was trying to
watch them both a little; I don't know how
far Crouse was from the post when he fell;
Crousc went in front of Reed to the corner;
1 don't know whether he went behind or in
front of Reed; W botU at the corner
about the samp
PS """ 1