'rr i'Wi "t
THE COLUMBIAN AND DEMOCRAT, BLOOMSBURGt, COLUMBIA COUNTY, PA.
IPS
B&0:KWAY& ELWELL,Eiiter.
BLOOMRBURG, PA.
Friday, Fob. 10, 18 70.
Tin: nru iiiniicini:.-
jtjnnr. eiayei.t. utn.M out mister'
SPECIAL PLEA. THE TIIIAL
PROCEEDS.
We went to press last week too noon to
give anything more than a brief account of
the opening of this, tho Inst anil ono of the
most Important of what are known as the
"Molly Magulre" trials. The special pica
entered by Patrick Hester was argued by
Messrs. Ryon and Wolvcrtou on behalf of
the, prisorcr, and by Messrs. Hughes and
lluckalew for the Commonwealth. On
Thursday afternoon Judge Elwell read his
opinion deciding that the plea was not sufll
cient, and that the prisoner must plead over
again to tho indictment, to which ruling the
defense took an exception. The Court then
ordered that a jury be called. This occupied
tho entire rfcrnoon. The jury selected is
iH.fiilloA.-: Franklin Shuman, Main town
ship-; Amos Wanich, Mt. Pleasant ; William
Millerti Mt. Pleasant ; Lewis Olrton, Hem1
Jock; 11. N. Whlto, Scott; William Hlchart,
Hemlock; Perry Christiao, Madison ; Abra
ham White, Orango; Isaac A. Dewitt,Green
wood ; Benjamin McHenry, Orcenwood ;
Klijah Yocuni, Denton ; Joseph Lamon,Bri
arcreek. John M. Clark, District Attorney,
ooeocd for tho Commonwealth In the fob
lmylutf speech :
Muy it Please the Court, Gentlemen of
tnoJary: Patrick Hester, reter Mctlugli
and, Patrick lully are charged with the fel
onious killing on the 17th of October, 1SGS.
of'Alexauder W. Ilea, and this killing Is
-beyond n'doubt murder tn the first degree.
We charge McIIugh and Tully with being
participants iu the murder, and we charge
Hester with aiding and n'jetting them. Tho
law will tell you that an accetory before Iho
tact occupies tho position ol a principal and
io.just as guilty, Before going further I
would mention mat up to within n year
there nan oecn nn organization called tlie
"Mollis Mazuires" In existence in the .coal
re-'ion and though the by laws anil coustitu
lion of this ordjr nro apparently of a proper
chara"tt r the practices of the order ars 1 i -rectlv
the opposite. We shall prove to von
that robbery and murder .were among the
practices ol the order. Wo ahalt prove that
Hester, McIIugh and Tally are or were
numbers of this order, and we shall also
prove that this i, if ever there was one, a
"Mollio Maeuire ' case. Mr. Ilea was mur
dered at a point called the "Water .Barrel."
on the road leading from Mount Carmol to
Centralia. He was the superintendent of
tne Uoal linlge improvement Uo.il Uoma
ny, and was in the habit of paying the hands
at bis colliery, aim wo snail prove to you
that Mr. Ilea was murdered tor tlie money
he was supposed to have upon his person on
that fatal day. He received six wounds.two
in the brtoat, one. back of the left ear, two in
Vie check, and one in the mouth, any one
of, the wounds wai mortal, but so brutal
were these men that even after Ilea fell ouo
of tho murderers walked up to him and shot
mm through tho head. We shall show you
that on the ICth of October. Hester. James
Bradley, a fugitive from justice, Jack D.il
tou, William Muldoon.another fugitive from
justice, Ned Skivington, Peter JIcHugh,
Pat Tully, and Dan Kull or Kelly met at
the saloon of Thomas Donohue at Ashland,
and hatched the conspiracy to kill Ilea.
They remained in the saloon all night, and
l'In tne mornine went to the "Water Barrel."
-Skivington and Hester only went part of
the way. ino others continued, and Tully
and Dan Kelly went as far as the "Water
" Bsrrel," whero the murder was. committed.
'-By the testimony of an eye-witness wo will
prove what I have told you, and we will cor
roborate this nnn's testimony in its minutest
qetaus. v e win prove tuat Jictiugn and
ho had paid the men at tho colliery on Frl
day, and that It was rather an unusual oc
currence lor him to do bo. Ho also testified
that after the pay was made- about a thou
sand dollars remained, and this money was
taken home by Mr. Ilea, and that as a usual
thing tho money for a pay was expressed
from Philadelphia to Mr. Pvca,
DR. E. L. HETTERt.Y 8W0HX.
I live In Wllkes-Harrclnow, but In 18G8 I
lived In Centralia ; was a practicing physl-
elm then ; I had known Alexander W. Hi
from 1859 ; 1 was called to hold a pos (mor
tem examination upon the body of Mr.
Ilea on Sunday, Octobor 18, at Ills office; 1
examined the body and found several pistol
wounds nn his body ; one wound win near
the left nipple, another penetrated the lungs,
another pen trated the stomach, and anoth
er wound was In the lace; tho ball must
have entered tho left corner of tho mouth
and passed out nt tho lett side of the cheek ;
the fifth wound was In the skull, and the
last wound was In the back of tho neck
that id the ball entered the neck and passed
out at thn shoulder; cither of five of tho
wounds would have caused instant death.
Q. Describe the balls? A. Thoy wore
uch ns could be fired from a Colt's revolver,
and one of them might have belonged to a
Smith ,V Wesson ; I am not acquainted with
the sizes.
Whcu Detterly had finished, Mr. Hughes
read
THE TESTIMONY OF JAMES KEALY,
as given at tho trial of Donahue : Am jus
tice of the peace at Centralia; I held an In
quest on the body of Ilea on tho 18th of
October last ; found tho body perforated by
tlx gun-shot wounds; first two wounds were
in the heart; found no other wounds but
six, except that the skin of his right finger
and thumb were rubbed ; clothing not torn ;
the body was dressed iu overcoat, undercoat,
&c; examined his pockets and found a leath
er drinking cup and five keys; fonud do
watch or pistol, but found some copper
coins; tho inquest was, held on the bod;
where it was found."
DAVID BACJ1MAH
sworn. Prior to 1869 1 lived in Contralla.
Q, Tell us how you found tho body of
Mr. Ilea? A. Well, the first thing that I
found was n glove, and I called the crowd
and showed it to them; we walked a few
steps further, and there in the brush we
found the body of Mr. Ilea ; this was upon
the 18th of October, 18G8 ; the spot where I
found tho body is not far lrom tho "Water
Barrel;" It was, on tho right hand sideof tho
road leading from Centralia to Mount dr
ill el ; the body lay in a clear spot, but there
was brush all around, and a path led from
tho road to the clearing ; there was a pretty
strong frost that morning, and tho body
ought to have been stiff, but I do not know ;
I was excited, and when I found the body 1
shed tears ; they took ,'tho body home and
Mr. Kealy held an inquest ou it.
Cross-examined by Mr. llyon. We found
tho body on Sunday morning, October 18,
and it was pretty early ; Lewis Edward
was nearest to me when I found the body ;
I made no examination of tho body :
the glove lay light on tho edge of tho path.
Q. Whero it had been dropped ? A. I
suppose so, but I can't say.
Q. How was the body lying when jta
found it? A. On his back, faco up; iia
head was toward the turnpike ; I can't say
whether his legs were doubled up onet.aad
I can't say how his hands appeared.
Q. Where iLewls Edwards?. A.I don't
know,
Q. Which side of the road is the "Water
Barrel" on 1 A. On the left Bide going to
ward Mount Cannel. '
Q. On the tamo side as you found the
body ? No, sir.
Mr. Hughes Q. When did you begin tit
search ? A. At night ; we built a fire roil
stayed by it till morning.
The following testimony sworn to ujon
the trial of Donohue by
8AMUBL JUCIUUP.S
was then read: Knew Ilea very weffp saw
j. any uea tne county, ana why aid they lly him on the mornine of the 17th of October
Mm ftt Hester was cWntv deleeate o 18G8- n the streets in . .
Northumberland county; nnd we shs.l prove noDody was wltn mm in the wagon : 1 saw
uiibflu iunuence was so crreai in tne orupr i mm pivc a man an enveinna . i raw him hn.
that he was enabled to set his coniDanions I tan !n :.'.. ll.
"f'.co " unu.Hiyuau ,h rn,in, Oirm.l rn.rl
He did not actually help them to commit the
murder. With this statement of the facts I
will leave you, only asking you to do justice
and return surh n verdict as will accord with
the evidence. We are not here as persccut
drs.'but as the supporters of the law, and
that the murder of a husband and father
mar be avenged. All that we ask you to
do is to acquit the innocent and convict the
guilty.'
Lafayette Fettermnn, the Mat witness, tes
tified that ho lived in Centralia in 1868.
Drove from Centralia to Mount Carmel on
the 17th of October, 1S68-; passed the "Wat
er Barrel" and stopped to water horses. Left
home about 9 o'clock r saw tour or five men'
near "Water Barrel" on right hand side of
road : thev went into the brush and dhsan
At the close of Mr. Clark's speech Court peared. Could not tell who thev were, but
adjourned. they were dressed in black : they did not
Court opened on Friday morning with a look liko workingmeD, or were not dressed
house packed to overflowing, the expectation like them ; the; were medium sized men ; I
of .seeing Kelly tho "informer" on the wit-1 could not tell what countrymen they were,
nets stand increasing tho excitement of
the public to a high pitch. The prisoners
were brought in by the guard and placed
near their counsel, the wife and two daugh
ters of Hester sitting by hits.
Mrs. Alox. W. Ilea, the widow of the
murdered man was the first witness called.
She testified as follows
as 1 did not get Dearer t them than twenty
rods ; I saw their lice when they looked to
ward me.
Cross-examined. When I saw the men
they were at thf. right side of tho road near
the "Barrel."
Q. Can yon tell whether there were four
or five? A. They looked to be four r five ;
t "Prior to tlie 17th of October, 18G8, my then, was -nnthW in nfctr.,.-, i f
1 II 1 n i .! I . n J
Uuu..u ,., Buvuie, aim hi ie nine them . j. Jon.t tolllk ,hat x 8aw them
ot uis decease Hived in Centralia; we mov- before; considering tho distance they lcoked
ed from Danville to Centralia'; my husoand ik6 straneers: I didn't seo their faces to
was the agent of the Locust Mountain Coal tDow who thr wore? tW nnnr,l , K
. ... .1 " ----- - - - -- 1 I-f v w
and iron company and ol the Coal illdgo ar(!9SCj in blnck ciotUeH. tUev looi,.,! to m.
improvement oai company; 1 saw my a, if ,!,,. had overcoats on: Ican'ttell what
1 L...1 lnt nllnA nn 00 . 1. I . '
uiuuuuaiiuhameuu uciuuer k,ioo; se sort of head gear they wore,
left home -bout eight o'clock in the morn- q, You were a witness in the Donohu
ing and drove to Ashland in a one-horse ve- anci Dntre ca9e a. Yes. sir.
hide, returned to Centralia, and Ihen went
to the Coal Itidge colliery ; that is on the
road from Mount Carmel to Centralia; I
know what is called the "Water Uarriil ;" it
Is about n mile and a half from. Centralia; I
next saw my husband on Siunduy morning
1.- ,!.,l. it (t, tl,nu r,r lila ,l,.,,ll,
husband was forty-five-yean of age,
Q. Ho left a widow and how many chil
dren ?
. "I object to that," said Mr. Ityou
" Mr. Ilea lclt six children.
lilin last? A. Yes, sir.
L Cross examined by Mr. Ilyon. Q. Did
Q. Didn't you swear that tlieso men wore
hats? A. Well, I don't swear now that they
didn't.
Q. Well, what is your recollection now?
iV. I suppose it is that they wore hats.
Q. You didn't seo among this crowd a dir
ty looking fellow, with only ono suspender
over his shoulder, no coat, and nn old pair
ot pants on? (Kelly.) A. No, sir.
Q. Could you tell tho color of their hair ?
Witness shook his head.
Q. Did any of them wear whiskers? A,
I was too far off to see.
Mr. Huglies-Q. How soon after these
men looked at you did thev so into the
you see your uusanu leave inanorsoanQ woousi a. a couple of minutes I guew
wagon ? A. I did j I did not see him going
to Ashland, but ho spoke of going; 1 saw
him go to Coal llidgn ; I did not see him af
ter he returned to Centralia, but I believe
the children did; the horfc he drove that
morning was a dark brown, almost black ;
the wagon was a covered one, a falling lop ;
.when I taw it that mu'.ning the top was half
down,
Q. He was not going to make a pay that
day ? A. A few bills had been left unpaid
i saw them when I was a quarter of u mile
away, and they went into the wooiU whcu I
got within twenty yards of thcui.
WILLIAM II. BHUMAN
sworn. In October, 18C8, 1 lived at Con
tralia; on the morning of the 17th of Octo
ber, 18G8, 1 left the store between cieht and
half pint eight o'clock, breaker time, and
passed the "ater Barrel;" when I was half
way between Uorrclls breaker huures and
the spring I saw a man come out of the
from tho day before; the dajTbefore was pay Woods and look up the road and then go
uay, ni ieav me ueu weru pnm mm uay , baci . i wa, ariving ; I saw no other person
the agent or the company had been up the U-mept Ketterman, who passed me between
uay ueiore nnu nau paid. tj,e "Water lUrrcl" and the houses; It was
Q. How was your husband dressed that after lelteruiari passed mo that I saw tbl
morning? A. In light drab hat; the rut man, and when I looked back Fetterman
f tils dress was dark ; It was a medUiu high appeared to be post the "Water Barrel."
hat, not bolt.
Mr. Hughes Q. What day was this, Mrs.
Kta A. batiirday.
TUBTET8IU0SY OF I.DWAUD bWAYKH,
toe agent oi me uo.n itiuze company, as
given at the trial of Thomas Donohue, was from the road, but generally the brush
read by Mr. Hughes, fiwayue testified that J sparse; from the spring to the first house
urois-examined. ine man mat i saw
come out of the brush appeared to be of or
dinary height; I was driving a truck wago
and was going slo.vly ; at some places along
the road a man can concal himself ten feet
going toward Centralia is about a mile aud a
quarter.
EDWARD sciur.rrER SWORN
I lived ill Ceutmlla In October, 1808 1
saw Mr. Ilea at twenty minutes past nlno
o'clock on tho morning of the 17th of Octo
ber, 18CS;Isaw Mm driving away from
Ccutrallain n buggy; I saw him next when
his dead body was brought homo ; I did not
attend the inquest.
Cross-examined. Q. oa saw lien at
Mniint C.irmel that morning? A. No, sir;
ii Centralia; he w.n nbout ii liundrid nrd
from his own house, ami it was twenty min
utes pist nine when I saw him, '
Q. What kind of n lior.-o did behave?
A. A black horse.
Q. Wasn't it n large li.t) mare that he had?
A. No, sir.
Q. Was lliero n cover on his wagon?
A. I don t know, sir.
A map of the scene of the murder and vi
cinity was produced and sworn to as correct
In all its details by Mr. Cu.irles Patterson
of Ashland.
Court then ndjnuriicd until two o'clock, at
which time Kelly was brought from the jail,
whero he Is carefully guarded by Captain
Linden, and placid on the witness stand.
Before ho was sworn, counsel fur tho pris
oners objected to his competency ns a wit
ness on the ground that he had been sen
tenced In 1807 in Schuylkill county for
highway robbery und that tho sentence had
not been fully served. He also said that
thero were other sentences which Kelly had
not served. The Commonwealth answered
tho objection by producing a pardon from
the Governor. After some argument the
Court decided that Kelly was competent,
aud ho was sworn. He told the story of his
crime with fearful detail, and we give it in
full, as the most important in the case.
KBLLY'U TESTIMONY.
Q. Where are you from, Kelly? A. I
came from Ireland in 1865, and landed at
Castle Garden ; 1 went from Castle Garden
to Wilkes-Barre ; then I went to Old Mines,
and then back again, and then to Malone,
York State; in 18C7 I left there and went to
Sunbury ; then I worked for a man named
Savage, on the road between Sunbury and
Danville; in 1867 I went to Locust Gup ; I
know the prisoners at the bar; I met all
three In Locust Gap; I met Hester in the
winter I went there, and McIIugh at the
same time, aud I met Tully shortly after; I
was intimately acquainted with them.
Q. Did you belong to any organization of
which they were members?
Objected to, Objecticn overruled.
A. Yes, sir ; some called it the "Mollie
Maguires ;" we met frequenfly, but I never
belonged to the body in Locust Gap; 1
worked at Green Itidge and met McIIugh
there often, and I used to meet the other
men at tho Gap.
Q. Did von meet these prisoners in Octo
ber, 18CST A. I met Pat. Hester, Peter
Mcllugb und Ned Skivington at Big Mine
ltun in Ririey Dolan's, ou the 16th of Oc
tober, 1868; Hester was going down the
mocnlain with Skivington ; Hester if as go
ing to the Plane and he missed tho train, so
became back to Dolan's and had a drink;
we then walked to Ashland to Donohue's
saloon; Hester said I lost something by not
going dawn the mountain to-day, but there's
a good thing to be got to-morrow ; "Ilea will
go to Bell's Tunnel to-morrow," said Hes
ter, "and there's money in it for us."
Q. Who was there? A. Hester, McUugb,
Tully. Skivington, Brian Campbell, Jim
Bradley, Billy Muldowny and Luflerty and
myself.
Q. Did you all belong to tho same society?
A. Yes, sir.
Q. Wis Jack Dolphin there ? A. Yes,
sir.
Q. What was done? A. After we agreed
to go, llogcr Lafferty, alias Johnstone, went
across the street and bought some powder
and ball and came back and loaded the pis
tols ; each one of us had a pUtol ; we drank
and drank and staid all night; all but Laf
ferty went out in the morning to meet Mr.
Ilea and rob him ; when we c;otasfar as Ger-
mantown, Muldowney left us, saying be was
lame ; when we got above the toll gate Hes
ter and -Skivington left us, and Ulster
handed ma bis pistol, saying, "Kelly, your
pistol is no good, take mine for I know it's
sure," and he said be would go to Shamokin
to buy hair to mix lime with, and Skiving
ton said ho would go and work in the mines
to throw oft suspicion, the rest of ns went
on to the " Bfcter Barrel" and stopped there;
we then talked about Ilea and his boy, and
e agreed that if the boy was with Ilea wa
would send the boy home with the horse if
we had to shoot Ilea ; Bradley said be was
not knowu in Centralia, so be went and got
quart of whisky and some crackers and we
eat them; five of us didn't know Ilea, bo
Dalton got on the road to signal ; soon a
man came along in a wagon, but Dalton
didn't shake bis bat, so we allowed him to
pass; then another man passed with a light
agon, aud we let him go by as Dalton
didn't wave his bat ; before this man came
up Dalton went out on the road to sec who
was coming, und then he came into the woods
igain ; then a buggy came along and Dalton
gave the signal, and when the wagon got
opposite the " lVater Barrel" we jumped out
ou him ; Ilea got out of the buggy when we
told him to; he banded his watch and
pocket book to me, and he said nothing ; I
asked McIIugh what we would do with
the inau, and McIIugh said, "I won't be
bunted around the couatry by any living
man ;" then the shooting began ; Ilea ran
into the woods, and Tully ran up to him and
shot him through the ear; we then went up
the mountain and divided tho money, sixty
dollars ; Dalian got u ten-dollar bill with u
corner off t Tully and McIIugh and I got
into Urahmnli some time that day, and in
the afternoon I drove to Locust Gup with a
eer man ; when I got to Dooley's 1 sent
Mrs. Dooley out lor a pair of clean stock
Ings; I got home about half-past two or
three.
Q. When did you meet Ilea? A. Be
tween nine and ten o'clock, I think ; he ran
into the hushes himself, and we left him
lay whero he fell ; he wus laying face duwn
when we left, and we left right away; we
ltd the horse out of sight in the woods ; he
horse was turned off tho road while we were
shooting Ilea ; 1 fired two shots, but 1 don't
know how many shots were fired; all of us
except Dalton fired ; McIIugh fired one or
two shots that I saw, and I saw Tully fire
also.
Q. Who fired tho first thot. A. Tully or
myself, I don t know which ; the shot of ono
of them struck Ilea in the cheek ; 1 left lies-
iers pietoi ai urahaui t, aud J had given my
own to Bradley j Hewers pistol was a sort of
a navy, and I think it held five loads; I be
lieve Hester's pUtol was loaded at Donohue's
Dallon had a small pistol, and Mcllugh's
wasn t as long as miuo, or Campbell's or
Tully'sj we had horse pistols and Mollugh
had a seven-shooter, I think j I can't exactly
tell what tort of balls Ufferty boueht nor I
wasn't thoro when ho loaded them ; mine was
looucd lor wo; my owu pistol was a six
shooter, I think.
Q. When did you next teo Hester and the
others nod talked of the murder? A. I taw
Hester the same night at Gruham'si tho
crowd was there at about nine o'clotk ; I drove
to tho Gap with Mr. Farley I noxt saw
Hester in about thrco diys( and rodo with
lilm from tho Gap to Ashland J Hostcrgot no
money, bca-iujo there wasn't enough, nnd ho
said it wasn't worth dividing; Hester said
Ilea would have eighteen or niiictcon thou
sand on him ; Ilea was killed on a Saturday,
aud wo met nt Donohuo's on Friday.
Q. Did you sco Hester about tho l"th of
November? A. I d'Ui't roincmW tho ox.ict
lay. but Smith, Lnflcrly, Tully, McIIugh
and myself went to Hotcr's; I think it was
tho day after Turn Donahue "as nrrc;ted ',
Ilo.-ter went nwny that night, nnd wo went off
a couplo of nights ufier; ivo met nt Harvey's
b-f to wo wi nt to IIctcr s. anil m w" were
glling .IllCn fclllltll Mllll 't W.I- Htl Kl III! wtisn t
arreslcd at Mahunny Oil. , nnd he was going
to Hester n fast as lie cu ild t tell him to got
out of tho road J wo gut tn llo-tcr's nf or
agico ngto seo him, and Smith toldllntcr
that Donohue nnd Duffy wcro arrested, aud
Hester said, "It's near time tliut I should
clear out," and that night ho did il-'ur out,
and wo stayed around until tho noxt night J
Hester didn't tell us where ho was going J I
went to Locust Gap that night and lclt Mc
IIugh and Tully at Hester's; tho three of us
met at Harvey's on the next day nnd we nil
agreed to clear out as wo were afraid of being
arrested; we went to Miko Graham's at
Beavcrdale, and then went to I'renchtown
that night; wo traveled on foot and at night
we stopped with a man named Owen Cowly ;
wn then went to Hazlcton and stopped witli
Sheridan; tho next night Tully, McIIugh
aud Smith hired a rigging and drovo to
Wilkcsbarrc, and left me in Hazlcton ; it was
reported that Hugh O'Donncll was after us;
a man by tho name, of Cull aud Tom Boyle
wciewith them ; I then went back to French
town and then toTamaqua; a good while af
terward I met McIIugh at Locust Gap, but I
never met Tully; I remained away a month
or two months, and when I carao back Hester
was in jail ; after he got out ho told me that
ho went to Illinois; he didn't tell mc how
long lie stopped, aud he said ho thought it
looked better to come back as ho might ho
taken out there ; I had no conver? ation with
Hester after he came back from Illinois ; Mrs.
Dooley got Ilea's ockct-book ; tho watch
n gold one I gave to Mike Graham to keep
for mc, and I got it from him and gave it to
Con. Garrah for ten dollars, and then he gave
it to me and I gave it to McGuire for ten dol
lars and gave that ten dollars to Garrah ; I
ftorward learned that that watch was broke
Cross-examined by Mr. Ryon. Q. How
old arc you Kelly? A. About thirty-seven.
Q. Is your right name Daniol Kelly ? A.
Not my rightjname Manus Cull is-.
Q. How many names besides your right
one have you borne in this couutry ? A. One.
Q. You first stopped at Wilkesbarrc? A.
Yes; I don't know how long I stopped, but
until the fall nnd from there went to the Uld
Mines ; I landed at New York on the 2d or
3d of June, 18C5; I boarded with my moth
er in Wilkesbarrc ; in Tamaqua I lived with
an uncle.
Q. You robbed a Jew peddler when you
left Wilkcsbarro ? A. No, sir.
Q. How many crimes did you commit in
Wilkebarre? A. I got into several diffi
culties and one time the police got me but
I got away from them ; when I went to Sun
bury it was for helping to rob a man of his
watch and money ; Davy Sheehan was the
man ; I got some fourteen dollars and n
small watch ; it was at night we robbed
him.
Q. Now tell us about the peddler you
robbed of overcoats and watches ? A. I de
ny that charge.
Q. You robbed John Travcrs in Hanlelon?
A. He accused me of it, but I didn't get his
money, as I paid him seventeen dollars to
settle ; I left then because I was under ban
ishment for the crime.
Q. Where did you change your name ? A.
In Sunbury.
Q. Why did you change it ? A. To escape
arrest.
Q. When did you work in Sunbury ? A.
In 1867.
Q. Did you live in Shamokin? A. Yes,
sir ; I boarded along with Tully with a wo
man near the depot ; I forget her name.
Q. You do 1 A. I do.
Q. Didn't you shoot at Weimar Young
one day and try to kill him ? A. I didn't
try to kill him, but I shot at him once.
Q. He was sitting in bis own door when
you fired at him ? A. He was sitting or
standing, and my gun went off before I
noticed it ; it was the time of the eight hour
law, and Young said that he would shoot
the first man that passed his door, and as a
crowd of us passed he stood there and I cock
ed my gun and it went off; more than me
bad gnus.
Q. You robbed Anthony Early. A. I was
blamed for it.
Q. Who beat him? A. Pat. Dolan, Pete
Benner and Pat. Hart and the others I didn't
know: I didn't beat that man, hut I got
part of his money and I don t deny any
thing that I'm guilty of ; there was a war
rant out for me charging me with robbery.
Q. Wasn't Graham one of the meu who
tried to arrest you ? A. Ho Jhad plenty of
chances to arrest mc and hi, wasn't one of
the men.
Q. Graham was supervisor aud didn't ho
tell his man to natch fur jnu ? A. I never
beard it until this minute.
Q. Didn't you tell Tom McDonnell that
you would pay Graham lack for trying U
arrest you ? A. I don't leinember anything
of the kind.
Q. You beat John Sh.loo anil left him for
dead taking his hat. A. 1 hud some words
with him.
0. Didn't you beat Hugh O'Donnell ? A
No.
Q. After you robbed Kirly where did you
go? A. After I was charged with the rob
bery I went to Mount Luffee.
Q. How long a limit have you spent In
Schuylkill jail? A. About fifty-one months,
Q. When you lelt the jail where did you
go ? A. To a picture gallery,
Q. Wih whom ? A. A gentleman sitting
near you (Captain Linden,)
Q. Did you exchange ? A. No, sir,
Q. 1'heu whero did you go ? A. T a sa
loon and had n glass of beer.
Q. What boarding house do you stop at
here? A, I don t know the name of til
fort up here
Q. You were in Schuylkill jail for twenty
two months ? A. Yes, sir, for robbing
roan named Abel White.
Q. He was a farmer 1 A. !No, he was not;
he was a watchman.
Q. Did you rob him ? A. I was accused
of it.
Q. Hell, did you if A. He said so,
Q. Did he tell the. truth ? A. Yes, si
(Laughter,)
Q. Yon received a pardon for your hvst
crime ? A. Yes, ir.
Q. You were in jail several times i
fjcbuylkill county t A. Bonn three or four
times.
Q, You were In for malicious mischief, id
assault and battery, and something worto
A, I believe so.
Q. Inhere did you get that suit of clothte?
A. In Puttsvillejall.
Q. From whom ? A. I can't tell,
didn't steal it ; tho warden gave It to mo and
I asked no questions.
Q. B'hen they gave you a suit of clothes
and boots, socks and shirt, did thry glvo you
a pair of kid gloves? A. No; they thought
I was refined enough without them, I sup
pose. Q Did a man named Helms tell you In
that prison one day that you were tho mur
derer nl Alexander Hen? A. Nn, sir.
Q. Didn't be tell you that he hid In the
bush that day nnd saw th? whole affair, and
tha' be saw you walk up to tho buggy and
pull Kea out nf the wugnii and shout lilin?
A. N", and he would have been foolish to
say that, ns ho wasn't thero.
Q. Didn't you tfll Hen. Thomas in juil
that lli-ler was Innocent of the murder of
Hen? A. Sit.
Q. Didn't jnu I'll him that ) mi would
seur tn any thing to get out of jail, and
that ynu didn't cure'a damn fur an outli? A.
I nrver held such a dUcnumc in my Hie; 1
never told Dan, Biggins that 1 would swear
fifty men's lives away to get out, but him
nnd mc had some trouble nnd I struck him,
and he said ho would be revenged ; I never
went to John Gammon to try to get him to
swear to a He, and I would have gone to the
wrong man, for he is too much nf n man to
swear to a lie; the mayor of inikes-Barro
never arrested me for robbing a crippled sol
dier.
At this point court adjourned until nine
a. m, on Saturday morning.
On Saturday morning Mr. Ilyon boan the
cross-examination of Kelly as follows:
Q. When you wore in Pottsvillo didn't you
attempt to rob Mr. Sol. Foster, jr., of sixty
dollars, which was paid to him in the rooms
of tho democratic standing committee, of
which ho was chairman? A. I don't know
the man at all.
Q. Didn't you stand over him with a knife
and tell him that you must have money. A.
No, sir; not that I remember.
Q. Didn't you rob Dalton of his pistol? A.
No, sir ; but Hester and mc stole three bar
rels of whisky from Hall's stable.
Q. You stole a watch from Jack Smith
once? A. No, sir; nnd I didn't know that
ho had one.
Q. You know James Dorsey? A. Yes,
sir.
Q. You stole his watch. A. No, sir.
Q. Whero did. you board at IrficiistGap?
A. I boarded a bit with Charlie Boyle, and
I stopped with Charlie and Johnny Gannon.
Q. How much a week did you pay Boyle
for board ? A. Twenty dollars a month I
guess.
Q. Did you board with him a month ? A.
I don't think I did.
Q. Then out of a year and a half you only
boarded less than a month;? A. I didn't
live tor n year and a half nt Locust Gap ; I
was there off and on ; I went to Gcrmantown
and Dark Corner and hack again ; I went to
tho Comer in tho spring of 18G8 ; I was elec
tioneering around there. '
Q. When did you go electioneering? In
1SC8 or 1869 ; anyway it was when Kase was
running against Fiske in Shamokin (ho means
Northumberland county); I went around witli
Hester, ns I was a favorite of his; 1 elec
tioneered for Kaso.
O. Who did you call on? A. Oh, on all
the boys In tho society.
Q. How long did you take to canvass Lo
cust Gap? A. Oh, I don't know.
Q. You traveled on a pass given ycu by
Fiskc, didn't you? A. Yes, sir.
Q. You said that you were for Kase? A.
Oh, I was a little for both sides. (Laughter.)
Q. That's why it took you so long ; you
were electioneering for both sides? A. Well,
I was electioneering for money moro than
anything else. (More laughter.)
Q. You leceived a pass from Fiske for
whole party once and then charged them for
their ride, didn t you? A. I got the pass
and then Graham and Callaghau and myself
charged it to tho democratic party ; Callag
ban drew the money and tho three of us
shared it.
Q. After politics gave out what did you do?
A. I went from place to place; some of tho
"Mollies" of the region would want mo to
help do a job, and 1 was always well taken I
care of, and so it continued until I got sick
and tired of hearing of robberies ; Kelly got
Q. Whero did they work? A. Bradley
worked iu Centralia and I don't know where
Campbell worked ; tho first tiuiel mot Camp
bell was when Mr. Hc-dcr got mo and Aicck
liaflcrty, and Bear Dolan, nhd Tom Donohuo
nnd Campbell to go and commit an outrage
on Mrs. O'Brien ; wo went and shot into tho
house and I know that I was struck with a
stone or laid out with an axe.
CJ. Where is Jack Dalton? A. Dead.
Q. Whero is Muldowney? A. 1 hear ho
is dead.
Q. Where aro nil tho rest of tho men ex
cept Hester, Mcllugli, Tully, Dalton and
Aluld-jnuej? A. 1 don't knoiv, but I guess
tliey havo left the country.
4. You haven't bocn them for year? A.
I hadn't I J 10 cluiKO, for I vo been m jail lur
Jcais.
IJ. llow long wore ou in Donohuit's be
fore Campbell nnd Uiadlcy? A. Tlnyiuino
in in tlie e.enuia', and I was thero before they
cams in.
CJ. Wli it were you d dug before tlieso men
cauioin? A, ltoger Lafferty wai buying pow
dcr and b ill and we were di inking and smoking.
Q. Whotnok Uiadlcy and Campbell into
the plot ? A. Hester.
Q. Who made them acquainted? A, Oh,
ho knew than already.
Q. Wero any of you out of tho saloon after
Campbell aud Bradley came into the saloon V
A.. Not to my recollection.
Q. When did tho saloon close? A. About
eleven o'clock or so.
Q. How many looms were there? A.
Only (ho biir-ronm.
Q. Then tell this jury' who came into that
saloon from four o'clock in tho afternoon un
til eleven o'clock at night ? A. I don't recollect.
Q. Was Tom Donohuo r James Duffy at
tho saloon that night? A. No, sir; they
wero at Pottsvillo operating to rob Claude
Whito tho next day, nnd Hester was going to
rob Whito also, only that ho missed tho tram
at Big Mine Hun, and Jack Smith said that
bo would give up the order and leave the
country if men could not bo got iu tho coun
try to rob Ilea instead of sending to Phila
delphia for them ; Smith is dead now, and I
wouldn't belie lutn.
Q. When Tom. Donohuo was on his trial
for this murder why did you not come for
ward aud testify in his behalf? A. Because
I din't want to be convicted myself. (Laugh
ter.)
Q. Then you would havo allowed an inno
cent man to be hung? A. Life is sweet.
Q. You never confessed to Captain Linden
until you were cliarged with this murder ? A
I wasn't charged with the murder nt that
time.
Q. Did you ever confess before tho . 1th o
April, 1870? A. I don't remember tho date
Captain Linden came to mo ono day and
asked me if I knew anything about the mur
der, and I denied it ; I then talked with a
man named Donnelly in tho cell, and in two
or three days I sent for him and I confessed
voluntarily and received no promises, and nm
willing to take the consequences, for it has
ecn a load on my mind ever since it was
committed.
Q. Did it load your mind when innocent
lut-n were beinc tried? A. Those men knew
that I was in tho murder, and they could
laio subpoenaed mo if they wanted mc, but
they didn't want me.
Q. Which Lafferty was it went for powder
and ball ? A. Hoger.
Q. Did you not swear before a magistrate
in Pottsvillc that Aleck Lafferty bought car
tridges nnd not powder and hall? A. I think
I said Hoger LufTerty, and if I said the oppo-
ite I made n mistake, and he got both ball
and cartridges, and I now say that he bought
powder and ball and cartridges, and tho rea
son why 1 did not sny so before is because I
lid not think.
Q. You and these nine people that wcro
with you slept in the saloon that night? A.
Yes; we slept in the bar and on i hairs, and
on the tab!
Q. Did you put Hester on tho bar? A.
He took his chances along with the rest ot
us.
C. JIo remained in the saloon nil night?
A. Yes.
Q. When did you leave the saloon ? A. In
the morning.
McIIugh put his pistol on his arm and kept
firing away and then Tully walked up and
put his pistol lo his ear and fired ; Bradley
nnd Campbell wero right after mo nnd they
fired when Ilea first began to run.
Q. Did you go up to Ilea niter ho was
killed? A. Yes, pretty near, and McIIugh
said that's a pretty good overcoat bo's got
on and I've a good mind to take It, as I've
none myself, .and said "You'd bo a fool,
man, to take It, because It has bullet holes
In ll."
Q. Then ynu saw the bullet holes? A. I
think I saw one some where In the side.
Q, Where did you part with the party
that went to Ahbind? A. On the moun
tain, alter wn divided I In- muniy.
Q. Who ilivld.-d tho hioue) ? A. iMo-
llu-h did.
Q. You got your share? A. Yes, sir ; we
livided all of thn money mining olirsi Ives,
ami didn't kep any tor Hester nr L.ihVrl;
got my share and the pocket book and the
watch.
'Then you got more than your share?'
remarked Mr Hyon. Kelly didn't answer.
Q. What did ynu do when you went to
Graham's? A. I took a drink,
Q. Who gavo it to you? A. I think Mrs.
Grahnm did.
Q. Who was thero ? A. I think tho beer
man was there.
Q. Who treated ? A. I am not sure ; we
weren't particular who would treat.
Q. Did you leo Graham that day? A.
No, sir; I did that night when I gave bin
tho wat. h ; I went to Locust Gap that after
noon on the beer wagon, and went back to
Graham's from Jimmy Dooley's in the after
noon.
Q. Did you swear before the justice that
you gavo it to Garagh ? A. I wasn't asked.
Q. You say that you intended to kill Kea
as well as rob him. Why did you not swear
to this before tho justice? A. Because,!
Biiess, I wasn't asked, and if I said the ar
rangement was only to rob him, I did not
tell exactly tho truth.
Q. Hester told you to kill Ilea, how was
it that he afterward told you Uiat ho was
sorry ? A. He was sorry because there was
no money in it, I suppose. (Laughter.)
Q. Did Hester say that thU was his reason
lor being sorry ? A. No.
Q. You swore before tho justice that Mc
Guire broko up Hea's watch on n rock? A.
I swore that 1 heard so.
Q. What did Jack Smith want to go away
for? A. Because ho wits, ouo of the fellows
that robbed Claude White.
Q. When any of tlieso meu ran away do
you know of any one who suspictcd you of
the murder? A. Some might havo without
telling me.
Q, How do you know that Tom Donohuo
knew who killed Ilea? A. Because I told
him myself, and Jack Dalton told him, and
Lafferty was keeping bar forhim,and I guess
ho told him, too.
Q. If you were afraid that Donohue would
split on you when ho was nrrcsted, why did
you como back beforo ho was tried ? A. Be
cause I didn't care much whether 1 was ar
rested or not, but I couldn't very well squeal
for if I did I would have been shot on
sight.
Q. Who would have shot you? A.
These very men In court (pointing to the
prisoners.)
What sort of a watch did 'you take from
Hen? A. A gold watch, with a whito face,
aud I think it had a steel chain, but I passed
no remarks.
Q. When did you take that watch to Al
lebach? A. Never; Con O'Garragh told
mo that it had Hen's name on it.
Well, I guess that's all at present," said
Mr. Hyon. r
Mr. Hughes then took tho witness in
hand.
Q. Did you tell Graham who was with you
when you got the watch? A. I think not.
Q. Did you tell O'Garragh? A. Only
that it was Hen's watch.
Q. Why didn't Donohuo subpecnayou?
A.'Bccause he was a member of the society-
Q. ll'hen did you tell Donohuo of the
murder? A. About a week afterward, but
he knew nbout it already.
Q. ll'is Graham a member of your socio
ty (tho "Mollie Mnguires")? A. No, sir.
(, Has Con. O Garragh? A. Ho was a
sick of it himself and at last said to Mr. Hyon, Q. Didn't you swear beforo the justice of meQi..r i,.,. j1G ier. after trettini? married
I'll own up to all that I havo done but I defy the peace in Pottsvillo that you all left tho . , . . ,,Tn....y.,,. u,,.,,, i
any man to prove that I ever stole until 1
joined the "Mollio Maguires" and after 1
joined tho society I would do auytlnng ; the
first robbery that I ever committed was in
Wilkesbarrc and was egged on to it by a man
named Peebles, who kept a saloon and who
sed to drug his customers that I might rob
them and divide with him.
Your plan was to knock a man down nnd
then pick his iwcket, wasn't it," asked Mr.
ltvnn.
.Mi." was the answer, 'it wasn t ; i uscu
to get my man drunk first, if possible and
saloon in the cvenincr A. -no, sir.
Q. You aro as certain that Hester was in the
saloon that night as yu arc of anything you
lave testified to in thw case? A. Yes, sir.
Q. If He-tcr was not in the saloon that
night you havo not told a word of truth ? A.
He was, and I have told nothing but the dead
facts since I have got on this stand.
Q: When you got to the "Water Barrel
how far did you secrete yourselves, from the
road? A. Oh, forty or fifty yards.
Q. From tho time that you entered tho
hush until you jumped out upon Ilea did any
then when ho had lain down, go through 0ue but Dalton and Bradley appear upou tho
him."
Q. W hen did you go to bhnmokin alter
Ben was killed ? I think it was on the Sun
day after tho Sunday after Ilea was killed;
I rodo down with a doctor who came to Lo
cust Gap on a sick call; 1 can't remember
his name now, but ho was a smallish man
with a chin whisker and fair hair.
Q. Whero wcro you ou Thursday night
before llcawaskillcd? A. I think I was in Lo
cust Gap, but I'm not jKisitivc
Q. When did you go to Barney Dolan x I
, In the forenoon nn Friday, from Ashland ;
from Barney Toner's, the tailor.
Q. ho went with you. A. No ono,
Q, When you went to Toner's where did
you coiue from? A. Locust Gap.
Q. lint wa your business? A, rsone,
Q. Whom did you meet on the road going
to Dolan's? A. I don't know; 1 parsed no re
murks.
Q. Who was in Dolan's? A. Barney him
self and one or two more, but I don't recollect
who they were ; they were strangers to me,
Q. How long did you stay at Dolan's? A.
Until ktho afternoon ; wo left, there lictween
half past two or thrco o'clock.
Q. Whero did you cat your dinner that
day ? A. I bcltcvo I got it at Ashland.
Q. Who was thcic? A. Put. Hester, Mc
Hugh, Tully, Skivington, Barney Dolan and
myself.
Q. Did ny"pcrsons pass in and outbesides
tboo you have mentioned when you wero
there ? A. I believe so, but I can't recollect who
they were
Q. Wheru wero you when you saw Hester
that day? A. I was sitting in Dolan's.
Q. When did you mo him previous to this
day? A. It may have been a week or two
weeks, hut I think I saw him at Jimmy
Burko's within a fortnight.
Q. Whero wore you when Hester tried to
get on tho cars? A. I was there.
Q, How many of you left Dolan's to go to
Ashland ? A. Four of us, Hester and I,
Skivington and McIIugh ; wo walked to Ash
land. Q. Who saw yen on the road between Do
lan's and Ashland? A. I don't know.
Q. Whcu did Hester first mention Ilea's
name that day? A. In Donohue's saloon.
Q. Had you seen Tully that day until you
caw him in that saloon ? A. No, sir.
Q. Where did Brian Campbell live? A.
In Ashland with a man named Morris Con
Q. From Philadelphia ? A. Idou't kn.w j I way ; ho and Jlradlcy boatded in tlicsaiuo
I didn't order it and I didn't pay for it and okce
road? A. Yes, sir; oneo when wo heard a
wagon coming,
Q. What hiought you out on tho road
when Dalton eavo no signal? A. Because
wo saw the buggy coming and saw Dalton
walk up to it, nnd when ho pa-sod it we went
back again.
I). Could that man havo t-ecn Dalton? A.
Yes, sir.
(J. Did you swear Wore tho justice that a
man with a buggy paved lioforc Ilea did? A
lessir; 1 said that a buguy und a team
passed.
Q. What length of time clapped between
the time the buggy and the team past-cd?
A. It may have been two hours or an hour,
but it couldn't have Wen half an hour, but I
am not sura of the time,
Q' What kind of a c lat did you wear that
moiiiuig? A. I don t remember.
Q. Did you wear any? A. Yes, sir,
Q. Give your position when Hen eamo up?
A. I stuod about twenty yards ahead of Ilea
with Tully on one sido and McIIugh on the
other, and tho others stood in front of Ilea
who jumped out when hs got to tho "Water
llarrel.
(J. Did you make a. demand for his money?
A. Ves, sir; Tully demanded it and I took
it.
Q. What did ho say? A. Not a word
Q. Didn he usk you to spnro his life?
A. No, sir.
Q. Or nsk for murcy? A. No, sir.
IJ. Didn't you swear before the justice
that he asked you to spa.ro his life? A. No,
sir.
Q. Did you takn tho watch and money ?
A. les, sir; I put both iu my pocket,
Q. Tell us tho color of Ilea's horse? A
I think he was u brown looking horse.
Q. Who shot first? A. It's between me
and Tully ; both shoU went off nt tho same
time.
Q. Whero was he wheu lie was shot first ?
A. Standing on tho road.
Q. Whero did that shot ttriko him? A.
On the cheek ; I saw tho blood.
Q. What did Ilea do then? A. He ran
for the buj'Dti, and then all hands began fir
ing,
Q. Before ho ran did any ono but you and
Tully fire at hlw? A. No, air.
Q. Did yu aim at his face ? A.I don't
know; I nu excited; I was sevtu or eight
feet from hliu when I fired: McIIugh ran
This ended the proceedings for Saturday,
On Sunday the jury attended the Lutheran
Church and lUteued to a sermon by Dr.
McCron. This sermon treated of the mur
der of John the Baptist by Herod, and bear
ing as It did on the subject of homicide af
forded an opportunity fur tho defendants'
couusel iu tlie present trial to offer objections.
On Monday morning, therefore, Mr. Freeze,
one of the counsel for defendants, ro-e and
said :
I make the following motion in this case,
that of tho commonwealth ngainst Hester,
Tully nnd McIIugh, that the court dis
charge the jury from tlie further considera
turn ot tins case, because at one of tho
churches at which the jury attended service
on Sunday the subject of murder in nil its
various bearings utu discussed by the mill
ister iu thiir bearing the, special subject be
ing tlie murder of Juhu the Baptist by Her
od and tlie tenor nt the discourse seemed to
be tending to give credit In the testimony o
Daniel Kelly the witness."
Alter further remarks fiom Mr. l-reeze.
Mr. lluckalew for tho prosecution opposed
the motion, Mr, Hughes and Mr. Hyon ox
pressed their variant sentiments and tin
Court overruled the motion. Mr. llughfs
intcrrogatid Kelly us follows,
Q. Kelly, you say that you stopped at
Sheridan's, in Hazlcton, aud that "these
men'' wcro with you ; what men ? A. Tully,
Mel high and Jack Smith.
Q, Did ycu go to jail when you beat John
Shiloo ? A. No, sir.
Q. Why ? A. Hester hailed mc out and
prevented mo from going.
Q. How long w as lieu Thomas in jail with
you ? A. I can't say.
Q, When was it ? A. Ho came to jail in
March I think ; his wife wanted a divorce or
something.
Q. Did you ever talk to him abont the Ilea
murder ? A. No, sir ; never.
Q. You say you stole whisky from Jerry
Hall, of Ashland? Yes, sir; we stole threo
barrels.
Q. How did you steal It ? A. Tom Dono
huo planned the affair and Hester was there
with a buggy and one horso and a wagon
and another horso ; Hester nnd I and Jack
Smith, Tom Donohue, "Snow-bird" Butler
and Hhuad were there; Donohue opened tho
back door and we took the whisky out.
Q, How much did you get out of th af
fair ? A. Sixty cents ; all that Hester gave
me and that was to get a drink.
Q. You eald you were electioneering for
both Kase and Fiake. Did you electioneer
for Hester? A. Bell, I can't say that I
electioneered for Hester, but Hester didu't
waut to go In with the republican party and
he told me to work for theui so that I could
get somo stamps.
Q, Did you help Hester to manage the
township ? A, He didn't need much help
for he could rule It without help.
Q, You say that you wero employed to go
abouc beating men by these "Mollie Ma
This was objected to, and not pressed by
tho commonwealth.
Q. Ynu say that ynu nnd "tho other men'1
left Slinmokln and ran nway without paying
your board; who wcro "tho other men?1' A,
Tully nnd McIIugh.
Q. Il'lmt took ynu to Ikriiey Toner's, In
Ashland, the day beforo the murder of Ren
was committed 1 A. I was In the habit nf
going therennd meeting acquaintances, nnd
I wns Iu the habit nf going to B.irncy Do!
nn's regular, ns it wus nn old calling place
of mine ; I mrt Skivington there, nnd three
oilier men ihcro ; D.ihm kept his saloon nt
Big Mine Hun.
Q. HCis Tom Dnnohtin's saloon a meeting
ptuer fir th society in Ashland?
"I object lo that question," mid Mr.
l!nn,
Aloriliciiiim llio Cmrt overruled the
nl jeelliin. Upon the question being repott
ed to tlie witm-s. the utter ,ild, "It was a
resort frequented by men of the order, but
don't know that a meeting was ever In 1,1
there."
Q. How did you know that Duffy knew
that you committed or help.d tn commit I lie
murder? A, I told Dmiohuo, but I never
told Duffy, but It was a general Milug among
the order ' tell one-another' what happened,
Q. Who fired the third shot at Ilea? A.
McIIugh.
Q. Where was ho standing ? A To tho
left of me and lie fired when Ilea made a
jump for the bushes and McIIugh kept fir
ing at him right along; one lime ho got
close up to li i tn nnd then he was sideways;
that is Ilea was sideways to him.
Q. Did you look in the buguy after Hea
was killed? A. Ye, sir; and we found a
lot of gum rings; I don't remember what
size they were.
Q, When you left Ashland that day, wus
anything said nbout tho road to be taken ?
A, No, sir; we just started oa the road to
Ashland.
Q. To which of you did Hester say to put
Ilea out of the way and make n clean job of
It? A. To tho whole of iis.nnd he said it du
ring tho night in Tom Donohue's saloon.
"Now, may it please tho court" said .Mr.
Hughes, "I have drawn up a formal offer
that I wish to make, and will read It or hand
it to my friends on the other side to read."
"We'll read it," remarked Mr. Hyon.
While tho oiler was being read, Mr. Buck
alew asked tho following questions:
Q. Whero did Hester livo in 1868 ? A.
At the junction.
Q. What junction? A. I don't know
what Iho name of it is; the passenger train
used to stop there; it was somo little dis
tance from Locust Gap nnd the house stood
by itself; Hester kept n tavern and had
boarders.
Mr. Hughes. Q. Who was Jerry Hall,
from whom Hester stoh) tho whisky? A,
Ho kept tho Union house in Ashland?
Q. Tell us exactly where Hester left you
on the morning of tho murder? A. About
two hundred yards above the toll gate.
Q. Kelly, you told in that Hcter was to
have a share of tho money you took lrom
Ilea, how about Skivington? A. Ho was
to get his share.
(J. How about Roger Laffeity and Mul
downey? A. There was no talk ol'theui get
ting any.
Q. State whether or not Hester w as an of
ficer In this society to which you made, mention.
'I object to that," said Mr. Ilyon, "as it
relates to what is contained in your oiler."
j JThe offer of Mr. Hughes was to provo
the existence of tho "Mollie Mnguire or
ganization ; its general character and its ob
jects: tho protection allnrded by it to crimi
nals, &c. Mr. Hughes made n most able
and exhaustive argument in favor of the of
fer and nt its conclusion the Court ud
jmirned.
Tho greater portion of tho morning was
taken up in the argument of Mr. Hughes'
iffer relative to evidence concerning tho
Mollie Magulre" organization.
Mr. Hyon objected to the testimony of
Kelly on tho ground that he was an incompe
tent witness as ho had been convicted for
many crimes; ho had acknowledged while
upon tho witness stand, that bo had partici
pated in outrages and crimes of nearly every
Iescription. A. K. Race, under keeper of
Pottsville jail in 1S69 was called and sworn.
His testimony was to the effect that Daniel
Kelly wus committed to the jail under the
name of Dennis Kelly, charged with having
committed highway robbery. In September
ot that same year ho was tound guilty, lie
was senter-:ed to imprisonment for the term
of two years. Kelly paid no fine or costs.
Tho next witness was Mr. 0. J. Angood, the
cleric of Quarter Sessions of Schuylkill coun
ty who being sworn testified that he was the
clerk of tho board of commissioners of that
county In I860. Kelly was discharged from
the county jail by order of tho commission
ers, Messrs. Wolvcrton and Ryon spoke strong
ly ngainst tho offer of tho prosecution aud
Mr. lluckalew for tho Commonwealth.
The Court decided to admit the evidence,
and Kelly was again placed upon tho stand.
Ho said : I belong to tho Order called the
Ancient Order of Hibernians ; I belonged
to them beforo thoy wero called the Ancient
Order of Hibernians ; joined them in Scot
land ; in tho full of 1867 I joined them in
Wilkes-Barre; I joined a division of tho or
der at Barney Dolan's in Big Mine Run ;
have met Hester as a member of the order ;
He-tor was "put through" In Thomas Don-
ohuo's stable ; I mean by being "put
through" ho was mmlo a member of the or
der; ho was made the Body Master of the
Division at Locust Gap; I joined tho order
ut Barney Dolan's-, nbout Christmas in 1867;
first met McIIugh and Tully at Locust Gap;
I wus not then a member, so that I cannot
tell whether they were members of the or
der; McIIugh was the County Delegate of
Northumberland county ; this I found out
niter I joined the order ; Alexnnder Lafferty
Roger Lafferty, Dalton, Campbell, Muh
downy wero also members ; the County Del
egate gets "the good j" and he gives them to
tho Body Master; "the goods" are the pass
words and signs of tho order ; tho County
Delegate gets "tho goods" from the State
Delegate ; when Ilea was killed McIIugh
was tho County Delegate aud Hester was the
Body Master ; the Body Master would say
to somo of tho members in, whom ho could
place dependence,that he had received orders.
r .l n..,l.. s.r .,1 .1..., ..... X
Hum umci uijuy; .iiiisiern tuuv uiuu "ett
wanted to do work for them and they rati
mako a clean job of it; by this I meanlj
they wanted men to commit different ctwl
and they wanted them to shoot men or(p.
them ; If they fulfilled their orders audWi
not arrested it would bo a clean job";?i
rule of the order was that If a memberdl
beyed tho orders of tho Body Master, he
fined or suspended for six months forbt
first offense ; the second time they weroji
ptuded for one year the third time hVu
suspended for life, if a number refiMo
obey any commands of the Body MusTe. i,.
would stand a very strong cuaiiK? E(
lrnrw!rt.,l ...-a- ItfnidAll k ,.Wlim
hers ithev would be down nn i.u
won hi try wtttLttmmfik
after hiia when Ilea took to "tlie Lush, audj gulre4 ;" who employed you?