(auibria Freeman. EDEXSUUnO, PA. Sept. 1G, 1869. LOCAL AND PERSONAL. 1'oO'G man, go 10 fcbool ; you will never . -t (jo to the best school. Write for iie.t ', 0f the State Normal School. Ad- !ircU. . n u, PJil,rn Pa. ,,s J. A. twj".., Lr James Convery, of the foundry firm tb'S place, was tnrowu iroiu a norse one '.' .. ..l- Ami considerably bruiKfid. ! iam JVia Fair uf the Conemauga Valley Aeri- urn! Sc-coty win ue ueiu io uiairsvuie ihe 13th. Hth and 15th days of October. Miss MagiW Iia:z, an amiable ana much jii-a .1.1.. i-.i - - emeu yuiiug uiuy, uieu in iatnoriti r.own p ou SuuJay night lat, after a very brief 1' !r Ta Ursviile, ludiana county, and a L. vu Saturday week. TheiufaDt child of Mrs. Philip Phalon :. ii.ix ulace. one day last week, wbilu J ' trial el iioittuer iui mc wuiuur vi uer .bau-1 was 1U progress. Vr R.jbtrt L. Johnston, of Burrell town- i p Indiana county, bad one of his feet " i a tw cliiva si nop. l la Derrj township, Westmoreland couc 1 0D Sunday week, Mr. Fred. Hughes was L'iuusfy injured by being thrown down and fc i mat Uiuw mnled woa by a 'raciious norse. Four cut of the five men arrested in Hun- ton coiiiitv lor the muruer 01 1'atrick "4 i"key, a cual miner, have been held in $2, u each fur their appearance at court. Sime tiiarpars in Clearfield county have Ln caught planting zinc ore, which they Jred in Sinking Valley, Blair couuty, vM a view to selling lands at big prices. Our readers will remember that the Car- itown picuic comes otf on Wednesday t, 22d i"st. AH who can spare the time , thtt requisite "tpawus" thould nut fail -attend- a slight .'kirmmage" occurred in our ra on Tuesday. Oae of Ihe parties got his ii-pretty well scratched, and the other :ot Liuisei fined $2.60 and coets before the Jforgpss fur duing it. (An employee at the Cambria I ron Cum .;yi blast furnace at Johnstown, named !;n. Urwlentk. had one of his leet badly u.-htd, a few days tince, by a heavy piece ciw'er falling upon it. l:al correspondence, real estate trans- business notices, auveriisenietiM, ana Iern.atter8 have I een crowded out to make liu fur the murder trial and election proc- jjr.j&tion published iu our paper this week. Ji'imuthy Cuu nor cow hided Elias Iluntz- 'Jir (id ous of the streets of New Derry, ".t.im'.'rt!suJ county, not loug since, and Ije latter retaliated by shootiug his assail- jt in the kg. Au old grudge led to the Mr. L. Cohen, one of the enterpising firm I CohtD &. Bro., clothiers, Johnstown, i.led m to see us oiie day last week. Mr. is a Social. le Rod energetic centleman. aie glad to know that he is doing extensive mercantile business. The Democracy of IJIair county re-assem- eil in convention on Monday aud nomina- i Il.h't C. Galbraith, of Tyrone twp., for eaiblj : John U. M'Farlane, of Ilolliday.'--rhr. for L'u:umissiiner ; KinaMiel Clapper, iAilegheuy tp.. for P. H. Director ; James MTievitt, df Altoona, for Auditor, and tthn CmI, of llullidaysburg, for Coroner. p.E old wi lyw lady named Turner, foiue ;ty udd years of age, was fcund dead in r ted, ;,t i,cr residctice in tlits place, on tesJay ruuming of this week, by Mrs. EJtl. i'gi;erty, who occupies a portion of the k :-uhxs. The old lady lived by herself, all f'chilJrcu IcingVlead. . U. Kiukead, Esri., ipaiiue!ed a jury, aud tlie conclusion ar od at was that deceased came to her death j-'H liamiui causes, bupeiiiiuucea iy oia age. Oca Retraction. A citizen of East Con- augh, whom we have known and esteem for many years as a worthy, kind-hearted d inoffensive ceritljm.-t.ii- nJ rn wK.im 4 believed could take a juke as well as the xt mau. has written us a verv iiidicrnatit ! i 1 thrcateniuz letter, in which lit- tat casum to say that be ia the person spoken 'I (in a communication published by us last ek as having been "taken in' on a roast- . i . - .i . . . . . jfc-ear speculation mat the slory is false P negmniog to end that we must retract I take the consequences and demands the rae of the author of caid communication, fe presumed that the tory was nothing t an innocent joke which would neither .ire nor offend any one, and to promote a $t'.e fun and accommodate our correspond t we gave it publicity. It was very far f ra our purpose to wound the feelings of ly one, and are sorry that an apparently iras'.ess joke has had that effect. We give e ofiended gentleman the benefit of his de i'.l in the same public way that we gave lolicity to the otjectionable story, aud if does not suffice we presume that we will ive to submit to, though we-do not fear, the reatened consequences. As to revealing e name of the author, that is simply out the question, unless permission is granted to dit 6o. Our correspondent can and wwIcm will make known his name if he Wmqws it necessary to relieve us from the fttle onpleasantness" which has resulted - ai the publication of his communication. Jbesimest Gsakt at Johnstown. The ' item in our Johnstown correspondence t e can find room for is the following; a- Orant passed this Station at "9.40 this LrQIng. (Sept. Hth.) and was waited on we station by about three thousand peo- . Senator Scctt was with the President. -JO Uon. D. J. Morrell and a number of rs were oa the car. It is a somewhat -n ar coincidence that on th same day li t i montfe. tkiee years ago. Presi l A, D80Q . pissed this pot nt. nd at that J? terrible calamity which will ever t eof , d this community, tho fall- "i the tilatf.-. , A 'as ,ivi 1 ; "U1U' ''courrea. jen. urant l tfae President at that time, but ImL kim much since- SeQator WPftKi ,8t?cason made a brief speech, simibw ,ant "marked that he hoped !me t, traSeJy would cot occur at this enUiiL"1 mVed ff ic a few minutes ws. 3813 far from being bois- Ju?jerJ0C?rDIKGS---Jn addition to the tKtettmn ,ch we Publish in full and MomHDetof the Summeihin town- until ner86 an otner criminal busi i foJIorina r the Court d'sPed of report; afU!r tbe clo8e of our om'th acted r.yr r. ' " . L,avi(1 Defenbanaher in- vs. le Hore rfw1 entring in the night time ltat'on, andv f-jROe MulIen- at LilI's of dii !f-Sjracl,D2 therefrom a qaau 1CU vsS&odetc- Found gnilty. table uJt; he usual amount of de H but!; ??? was bought out on this enmi, II- ud to vict the defendant -. to Sr X a'wajs amoPg tbe mot The Susquehanna Township Tragedy. Trial or Lewis Ilolsner for the Murder or Philip Phalon. In the Court of Oyer and Terminer of Cambria Comity Sept. Term, 18CO. BEPoRTKD BY C. W. EASLY. Our readers will remember that a shock ing tragedy was enacted at the saw mill of Messrs. Fry, Deurr & Co., in Susquehanna township, this county, on the morning of the 21st of July last. As the evidence adduced upon the trial of the perpetrator of the crime furnishes a complete history of this unfortu nate affair, it is unnecessary for us to recapit ulate the facts iu advance of the testimony. The trial excited a great deal of interest, and occupied the attention of the Court dur ing the greater part of three days. The case was carefully prepared and ably conducted by the counsel for aud against the prisoner, and reflected the greatest credit upon the re spective gentlemen employed in the manage ment of the trial. The prisoner was indict ed for the crime of wilful murder, and the Grand Jury, after hearing the testimony of a number of the witnesses, leturned a true bill on Thursday morning'last. THE COUNSEL. The Commonwealth was represented by F. P. Tierney, Esq., District Attorney, A, Kopelio, Wm. II. Sechler and Jas. C. Easly, Etqs., while Messrs. Johnston & Scan lan and Shoemaker & Oatman were retained as coun sel for the accused. AKEAIGNMENT OF THE PRISONER. At 10J o'clock ou Thursday morning the prisoner was brought into Court, aud the in dictment, charging him with the felony of murder, read to him by the Clerk. He plead "Not guilty," and, according to the customary form, demanded a trial "by Ovid and his country." The emuanneling of a jury was immediately commenced, and after thirteen peremptory challenges by the prison er, four by counsel and eight for cause, the requisite number were chosen are the names of Following THE JCHT. Joseh F. Cooper, David Fulton, William Koons, George Bowman, David Trexler, John Kipcr, Henry Anstott, George Kring, Andrew Carroll, William D:shart, John S. Luther, Daniel Skelly. Upon the comp1etion of the panel, which occupied two he urs, Court adj mrned. AtTERSOOS 8ESM N. Court convened at 2 o'clock. J. C. Early, Esq., opened for the Commonwealth. He gave a brief but succinct history of the iui portaut case which was about to be tried be fore the Court ani jury, and summed up the evidence by which it was designed to fix the guilt of wilful, premeditated murder upon the prisoner at the bar. At the close of his reuiaiks the first witness for the prosecution was called, and as the statements made by this gentleman were in the main substantia ted by all the other witnesses, we have re ported it pretty fully, thus avoiding unne cessary repetition in giving the full evidence of other witnesses called to corroborate him. Jacvb Johnson, sworn. Live in Susque hanna township; my property surrounds the saw mill of Fry, Deurr Sc. Co ; on the night of July 20, 1859, was at the mill; the own ers had a pile of waste for the purpose of burning it; about 4 o'clock that eveniDg it was fired ; made a large tire, which abi.ted as darkness came on ; the firm promised to treat when it was pretty well burned, and a jug of whisky was brought about dark ; the men were watching fur tear off-parks setting mill on lire; some weie talking, some play ing card.-; all drank; after dark prisoner aud I were bitting talking; there was loud talking and swearing near us ; we sat still and soon noise ccami ; they said it was only between John and rhilip 1'haloti; all came back and took a drink ; after midnight quariel com menced between Mr. Dockel and Wm. llols ner; scuflled around for a while, but were separated; didn't hurt each other; the trouble betweeu them was something about their women; some of party were drunk; Mr. Deurr and Wm. Ilol&uer got into holds, and Wil liam was thrown; Mr. D. told him he didn't want to hurt him, but that he must behave himself; I did not interfere; thought it would not amount to much ; considerable fuss was going on behind me, but they appeared to get thiufs fixed; Lewis left with his brothers Bee aud Wm., but came back shortly; Lewis aud Philip Phalon then got to talking about something that had previously happened at mill; Phalon called prisoner a liar and pris oner retorted by calling deceased a d d liar, aud rushed at him; got him down; I tried to prevent the quarrel, but when they got to gether some said to let them fight ; thought a fiat fight would settle it, and so left them alone; deceased struck or pushed prisoner, and latter appeared to go down; it was dark and I could not see positively; Phalon seem ed to fall on Holsner; they were in a struggle apparently ; H. appeared to get on top ; P. then called "enough!" I was holding John Phalon at this time, but soon let him go ; reached for prisoner and tried to pull him np; deceased appeared to have a hold of prisoner; John by this time got boisterous; I held him for half a minute and prisoner and his broth er Ben went away in meantime; John asked me to let him go, as he wanted to see what was the matter with his brother; let him go; he went to where Phil was lying and direct ly exclaimed, "Here is a stabbed man!" we got a light and found it was so; be ap peared to be living and was drawing a long breath, but did not speak except to articu late "enough!" Lewis Ilolsner did it; heard two heavy strokes given on head of deceased by prisoner, just before he was lifted off ; heavier .than fist strokes; knife found there afterwards; saw Mr. Duerr with it in his hands; bad saw dust and dirt on it; the con flict .did not last more than half a minute until deceased .called "enough" ; before he knew that his brother was killed, John said to Lewis, "You have whipped one Phalon perhaps you would like to try another?" and was answered, "2io, one 1'balon is enough!" At this time I was holding John. Cross-Ezamined F.. D- & Co. are own ers of tbe mill ; W'm. Holsner is a partner ; Ben and Lewis were employes: do not knew that Lewis was empowered to oversee hands; John and Philip Phalon were both employed at the mill; Philip's disposition was quarrel some all evening; prisoner went down when deceased gave him second push, and I think Phalon cot on top, but was only thus iiir a short lime; I was holding John for fear he would get on prisoner; Lewis uvea nearer to mill than the Phalons; helped to arrest pris- oner, who mace no resistance; iouna mm dressing himself; Lewis did not say in my presence that be did not wnvh to ngbt; they were ansrv about something wnich occurred in mill a week previous, and about this they differed . In Chief. Thought from their talk there was an old grudge ; prisoner had on rough clothes that night, but when arrested had on different ones. (Clothes shown and recog nized by witness, but he was not willing to swear to them positively.) lie Cross Examined The old grudge ap peared to be mostly with Phalon ; prisoner did not talk to me about it; their quarrel re sulted from Phalon refusing to carry out some slabs, which Uolsner had ordered him to do; Phalon asked him at that time if he was "iiCEicg that cacbioe," acd wha told that that was the ca.se, made a vulgar an swer to the effect that he did not care if he was ; when quarrel commenced on morning of 21st prisoner told Phalon that he had re fused to obey his order, and deceased called him a liar, and prisoner liared him. and theu tbey went at it; do not mind that Lewis told him he would have him discharged rihi olf. John A. lines sworn. o o o Beckel and Wm. Uolsner were quarreling, and the prisoner and Lewis then came iu contact ; latter drew off his coat ; stooped to pick up his hat, when he received a kick; asked who did it; deceased leplied, "I did;" piisouer 6aid, "I'll get up to you ;" Lewis was hold ing his brother, who had said he would "fix bim off." (Witness detailed fight between Duerr and Wm. Uolsner, partners in mill.) When separated Lewis exclaimed, "That's all I want to know about partnership!"- He took his brother William olf with him ; stayed away nearly an hour and returned alone. Prisoner was accused by Beckc-l and deceased about some worJs he should have said on mill; he denied that this was so, and said, "I will die on ibis spot before I will acknowledge the story the way Phil has it;" Phalon then said, "You deny the truth : I would rather take a whipping than lay under that ;" both then went at it. w ' Saw knife picked up by Mr. Duerr ; it was driven in a sloping position in tbe saw dust. (Knife was produced and recognized by wit ness. It is a heavy brass-handled pocket knife, two bladed, the larger blade being about three inches long by one-half inch in width J This witness was subjected to a rigid cross examination, but nothing further elicited. Clinton Jones sworn. The testimony of this witness did not differ materially from the foregoing. He stated that the prisoner had accused deceased of kicking him w hen John Phalon aud him were iu holds, aud that this was about half an hour previous to the fatal termination of the quariel. Jos. llines sworn. The evidence of this witness was only a repetition "of facts which had already been" given iu testimony. John Phalon sworn. My brother (the de ceased) and I were eugaged iu a quarrel dur ing the eveuing; struck him once. (Detailed quarrel between prisoner and deceased.) With the assistance of a couple of others ar rested prisoner and confronted bim with the body of deceased; prisoner remarked, "Well, what of it?" (Clothes worn by his brother on that night shown and recognized.) John J. Beckel sworn. (Described fight betweeu himself and Benj Holsner with great minuteness.) Saw deceased swing over and fall, wiih prisoner on top, and Phalon hol lered" "enough !" Ben said, "He hollered enough let him up." Prisoner then struck deceased on the head, am! George Duerr re tnai ked, "That cracks like steel ! " This oc curred about three yards from me; in raising Phil, up he fell ou his face towards me. (Cora'th offered to prove that witness was arked by parties couuected with the defense to makfe certain statements about a previous difficulty between deceased and prisoner, of which deceased had informed, him. Object ed to. and objection sustained by Court.) There were ten or twelve men there that night; if the whisky had not been brought there would have been nothing ol it. Court adjourned until Friday morning at 8 o'clock. FRIDAY MOBSIJiG SESSION. George Duerr sworn. Saw deceased jjve prisoner a kick and tell him if he couldn't settle himself he could have more. The quarrel was then settled. Wm, Holsner aud Beckel theu got to quarreling ; prisoner pulled them apart; Wm. II. and 1 then had a quarrel ; prisoner took his broth er away to the house and came back alone in ten or fifteen minutes. He sat on a log along side Beckel and they got talking of au old quarrel that had happened at the mill. Lewis deuied making the expression attrib ted to him Beckel was at this time drunk and wanted to fight with him, but prisoner was not willing. Deceased then took up old difficulty. Assisted an oiKcer, a few days afterwards to find.knife ; at John Phalou's request was preparing to draw off dam, as he thought it might have been thrown in; llines was raking sawdust at scene of killing, and I accidenta ly struck the toe of my boot against it ; it was buried in the saw dust, with blade down. Gave it to Esq. Bautn. (Knife shown and recog nized.) Cross Examined. Prisoner had been about two months at mill previous to this happening, and had charge of the iuen be longing to the big saw ; Hines and Philip were working at shingle mill; deceased told me of difficulty he had with prisoner ; their work belongs to big saw ; heard pris oner tell John Phalon, after the first strug gle, that he did not want to fight ; saw the knife with prisoner the afternoon previous to the tragedy; did not say the strokes sounded like steel ; I said they sounded dif ferent from first strokes. In Chief. I sent John Phalon for the first whisky a gallon ; told him to take it to the house and empty some of it ; he took out one quart. Second liquor was brought about 12, M. half gallon. Ben told me that deceased and John Hines paid for it. Catharine Keith Sworn. On night of July 20th was living in the capacity of do mestic at Wm. Holsner's house, I was in house and awake when prisoner brought William home ; prisoner said to him, "you go to bed and l'il go home and go to bed ; if they don't watch I'll knife some of them." William then went to hie room and prisoner left. Cross Examined. Had been living there a long time and only left a couple of weeks ago; do not speak German, but understand it ; the conversation was in English ; pris oner was there five or ten minutes; I repeat ed conversation to Mrs. Holsner next day. but to no one else until I was subpoenaed ; did not tell any one I did not know what I was subpoenaed for; do net remember of telling Daniel Snyder that I was glad I did not know anything about it. An attach ment was sent for me by this Court. Lawrence Smith Sworn. I was chosen as onoofthe guards to watch prisoner after his arrast until Jacob Johnson would change his clothes ; prisoner asked John Dines, another guard, privilege to walk up along tram road ; we went up with him and all sat down on track ; a man unknown to me came up and said to prisoner, "Lewis, this will make trouble whether you done it or not." He answered in German, "Nothing ventured, nothing found out." John B. Baum testified that the knife was brought to him by Mr. Duerr on the 27th of July ; it was never closed by him, and it is his impression that there weie bleod tnarks upon it in places. Luke A. Plait was next sworn, but noth ing additional to what was sworn to by previous witnesses was elicited. Dr. E. Brallier, affirmed Reside at Cher ry Tree ; messenger came for me early on morning of July 21st to go and see a man who was 3tabbed, it was thought fatally, but something might be done ; went imme diately, and got to place about daylight, at Fry's mill, and saw lying on a bank of saw dust, a few rods frcm the -mill, the body of Philip Pbalon ; his shirt was open, and his body besmeared with blood ; he v :i3 life less ; told them to call a jury and hold an inquest ; they did so, and I examined him externally ; at this time, John Phalon ob jected to having bim cut open, for the rea son that his brother was already sufficiently butchered ; went away, but at solicitation of Esq. Bautn returned in afternoon and made a careful examination ; found seven stabs three npon the breast, one upon the head, two on right arm, aud one on left hip ; opened his chest, and found tkt the weapon had penetrated right ventricle of heait ; this was a mortal wound, but none of the others wonld have produced death ; the wounds were made with a sharp-edged instrument; a knife would produce them ; his physical condition otherwise seemed to be good. Dr3. Oatman and Maucher were present at a subsequent examination, but I was alone in this. Am & regular practi sing physician. L'ro examined Only the one wound would produce instant death ; this one passed between the fifth and sixth ribs and upward into the heart; cuts in clothes cor responded with stabs in body. Drs. Maucher and Oatman, practising physicians at Carrolltown, were respective ly called, and testified that the? had assis ted at post mortem examination on night of 21 3t. Their evidence corroborated that of preceding witness. At conclusion of their testimony, Com monwealth rested. HIE DEFENSE. ' At 11 o'clock, R. L. Johnston, Esq., opened for the defense by proposing to prove that witness' character dntil this sad occurrence was unimpeachable ; that on the night in question, he was not at him self, being of a peculiarly sensitive dispo sition, which was decidedly aggravatad by the liquor drank ; tliRt three of these em ployees, deceased among the number, had conceived a grudge against accused be cause he had been placed in a position of trust over them ; that threats were made, even to taking his life, and that he had good reason to believe that he was iu dan ger of death or great boaily harm ; that all that eveuing, he desisted and refused, to fight ; that deceased was beut on picking a quarrel out of him ou that occasion ; that another knife was found in the imme diate vicinity of the quarrel, and it would be proven that it belonged to prisoner, &c. As the hour for the noon Adjournment had nearly arrived, a few witnesses were called to prove the good character of pris oner previous to his removal to this county. James G. llidgly, John 3. Miller, ad Josiah Fogle were respectively called and sworn. Prisoner had worked on saw-mill for Mr. Ridgly, 12 miles from Baltimore, Md., for the space of three years and tour months. He bad known him for five years and during all thai time he bore an un blemished character ; quit his employ on account of failing health in March last. The other gentlemen named likewise testi fied to he excellent character borue by accused during his residence iu Baltimore county, Maryland. Court adjourned till 2 p. m. AFTERNOON SESSION-. A. G. Fry called for defence and sworn Employed accused iu May last in the ca pacity of foreman of my mill, in charge of the hands, with power to discharge men. (Prosecutor objects to testimony as irrele vant ; Court overrules ; exceptions taken and filed ) After I placed him in charge, I was told that, the men were not obeying my partner's orders or his, 1 told him if he would not discharge men who would disobey orders, I would discharge him ; on a subsequent visit to the mill, he told me that deceased refused to obey Li3 orders, (in regard to carrying out slabs, &c.) I went out to where Philip was work'mg and asked him why he did not obey orders ; he told me he did not refuse ; 1 then repeated what accused had told me; said he did not disobey, but acknowledged to making vul gar answer wheu ordered to do the work. Perhaps a week after this, accused came to my store for packing, and then told me that he couldn't etay if this man Phalon and Hines were uot removed ; he would find an other place ; asked him why ? he said that they were coustantly swearing ia their con versntiou; told him I would be at the mill ere long, and did go down once before this affair happened. On the day after the oc currence, 1 went down to discharge these men, but when half way on the road, I heard of the killing. Lewis has been peaceable ; as much or more so than any man I know ; never knew him to drink. (Knife shown.) 1 keep and sell knives like that ; sold three in that neighborhood. Prisoner bought that knif3 from me on the 7th of June. Croup Examined. Told the hands on two occasions that accused wag in charge ; told Hines and Beckel also ; Mr. Deurr is a part ner, and was bos3 previous to Holsner's ar rival. One week after he came, I gave him the power to hire and discharge. Heard Mr. Deurr complain once that bis wife did uot like John Hines, because he was too loud-mouthed and saucy about the house ; he never complained of Philip Phnlon. 1 did not know that the men were trouble some previous to prisoner being employed. Did not tell John Weakland that-I'd give $10,000 to have him acquitted ; know that he has a wife aud four children, that he had no friends ; know that he has two broth ers ; my private counsel are defending him, in addition to the legal gentlemen employ ed by himself. Thero was twice as much work done after he arrived than before. Jacob Johnson, re-called Prisoner bore a good character ; saw him take one or two drinks the night of the trouble : my impres sion is that be was sober all the time ; I was not much about him. Do not know that the character of deceased was bad ; Philip Phalon was married ; had one child, born after his death. (It maybe proper to remark that this infant died during the at tendance of Mrs. Phalon at the trial.) John Engle, sworn. Am off-bearer'at big saw in Fry & Co's mill ; hiited to prisoner come time before this affair thdt he had better be careful of deceased ; Philip had asked me to show him fair play when he would be fighting the Holsners ; he didn't want more than one at a time ; he didn't like prisoner thought they wanted to run the whole machine ; thought he could whip any one of them at a time ; thought be could get a chance on the 3d if not, on the 4th of July ; shortly before his death, Philip told roe he had a difficulty with accused ; that he wasn't going to work under him, and that if he didn't watch "he would lay him out ;" told him I thought he had better get another job, and it would save trouble; the firtt conversation was in presence' of John Hines. Told accused that deceased was not pleased with his bossing that threats had been made. Prisoner smilingly said, "I am not aware that I have abased him." Wasn't present at the conflict ; pris oner's character i3 good as far as 1 know. Cross Examined Lived there since April; previous to this resided ia Indiana county, near the line ; deceased and4I were middling good friends ; he was a little rough with ry children when he would be passing; would make them cry ; I did not have any spite against him. A. II. Engle, swern. Was at home the night of the killing ; heard prisoner's voice once during the night, sayiag he would not fight. Mrs. Rachel Engle, sworn. Was sitting at the window with my husband at 10 min utes till 3 A. M., and recognixed the voice of accused saying, "I don't want to figtt;" am positive it was his voice. Our house ia fifteen rods distant from the mill. Win. Holsner, sworn. Am a partner in the firm ; was present at the burning until 2 A. M., on fhat morning; Lewis took me home ; he stayed about ten minutes ; he did not say he would; knife some of them. Cross Examined. I was pretty tight, and don't know much about it; my partner and I had a little quarrel; he pushed me down. Our quarrel was about women's talk. Urs. June Uolsner swern. Am wife of last witness ; remember of accused bringing my husbind home at 2 A.M ; heard hinfteil my husband to go to bed and he would go j and find hi3 hat, and then go to bed him self; talk was all iu German ; they always talk in German to each other. J Cruss Examined. Lewis can talk English; i sometimes they talk together in English ; i I scolded my husbaud iu German lor get- j ting light; prisoner did not bring the nat j back. TJrwi. Lahr testified that he was sleeping ! at the hou3e of Wm. Holsner that night ; was awake when accused brought William home; they were talking in Dutch, but prisoner told William in English, to go to bed ; did not hear anything sa.d about a i knife. Ben Holsner. sworn. Was present during that night; saw my brother Lewis drink four times ; I felt my liquor that nighi, but did not get into a fight; I took three or! four drinks. Daniel Snyder testified that his wife, ina conversation with Catharine Keith, at his j house, a few weeks ago, denied that she knew what she was jubpeuaed for and de clared that all she knew about the affair ' WH3 that she washed Mr. Holsner's clothes. She stated she was going to Pittsburg, and they would have a happy time gettiug her to Court. Jacob Koons testified that he found a four bladed pocket knife on the saw-dust where the scuflle took place ; (knife shown and recognized defence proves that it was the property of deceased.) The knife was shut when 1 picked it up. Defence rests. The couusel tor Coui'th discredits the tes timony of oue of the witnesses called for defence. The following testimouy is elici ted to disprove the statements made by said witness. John Hines, re called Was never present at any conversation between John Bugles and deceased, when latterhould have asked Engles to show fair play when he would fight the Holsners ; never heard deceased say anything about picking a quarrel out of the Holsners on the 3d or 4th of July; A. G. Fry did not inform me until just previ ous to this occurrence, that accused had charge of haud3 at mill. J. B. Baum, Esq., re-called Do not know anything of Mr. Bugle's character where he lives now ; where he formerly resided, 1 heard several persons say thtt he couldn't be believed ; aud John Porter, Esq., testi fied that he heard persons say that Mr. Envies' character for truth was not good. Robert Hughes, G. W. Lloyd, and J: Dou glass were severally called aud sworn as to what they knew in regard to Mr. Engles' character for truth and veracity, but they could not state anything derogatory to it. This concluded the testimony iu the case, and at C o'clock A. Kopelin, Esq., commen ced his argument for the prosecution.' He was followed by F. A. Shoemaker, Eq., for the defence, when, at 6 o'clock, Court ad journed. THIRD DAT. Court met, and F. P. Tierney and Wm. II. Sechler, Esqs., for the prosecution, and It. L. Johnston, Esq., for the defense, sever ally addressed the jury. At 2 o'clock, p. m.. His Honor Judge Taylor commenced his charge to the jury, and finished it at 3J. The jury then reti red to their private box. THE VEKDICT. At 10 p. m., the Court House bell was rung as a signal that the jury had agreed upou a verdict. The Court room was speedily filled with an anxious crowd. The prisoner was brought in ; the jury filed down from their room, and the crier called the Court to order. The usual question was asked s to whether they had agreed upon a verdict, which was answered iu the affirmative. Then, came the next question, "In the issue joined between the Common wealth aud Lewis Holsner, how do you find ?" "Guilty of Murder in the Second Dejite," was the reply. The prisoner was then remanded to his cell to await sentence. Altook.v Park Association. The first Annual exhibition or tbe Altoona Park As sociation, at Altooua Pa., will be held Sep tember 28th, 2'Jth and 30th, and October 1st 1869. Tho premium list foots up $2.7o0. On stock, tho premiums range from $5 to S50, according to the grade and qua'ity. On manufactured articles, cearels and veg etables, the premiums are equal to those of the State Agricultural Society, while $1,050 will be awarded to owners of fast horses, in cluding one premium of $500 to the fastest troter mile heats bbst three i& five. There is an excellent half mile course, forty feet wide, and of easy grade, within the Park. There will bo a grand fireman's parade and a trial of Steam Fire Engines, for a purse of $25, on Thursday September 30th. Also, slow time and velocipede races, and a race between a fast horse and a steam velocipede. All entries, except horses entered for speed, are free, and competition open to all parts of this and other States. Excusion tickets will be issued from all stations on the Penn sylvania Railroad, and all stock or articles shipped over the road named, on which full fare to Altoona has been paid, will be re turned free of charge. Any further infor mation desired, may bo had by addressing E. B. McCrum, Secretary of the Association, at Altoona. The Combt. "Who has not seen, and 6oeing moure'd, And mourning smiled, and smiling tscom'd Iu wild ambition flaming down. Some comet from a country town ? See, see him in his motley hues : Funeral blacks and brimstone blues, And lurid green and bonfire red. At once their ladiance shed." No man from either the city or country ever looked likothat if he bought his ckthes at the Largest ClothiDg House, Sixth and Market Streets, Philadelphia. "Neat but not gaudy" is the Oak Hall style. Grand Benefit Concert. The Inter national Troupe, consisting of Miss Llywvo Lewis, Mr. W. Apmadoc and Prof. L. W. Lewis, (Llew Llwyvo.) assisted by the Eb ensburg Chcral Society, will give a grand concert at Evans' Hall, late Welsh Independ ent (brick) church, on Wednesday evening next, Sept. 22J. For full particulars see programmes. The delightful treat afforded our citizens some months ago by this excel lent troupe of vocalists, should induce every person who can do so to attend the promised entertainment. Let them have a full house. More Testimony. From the Times, New Poltz, N. Y. : We take pleasure this week in calling the attention of our reader to the advertisement of-"HOOFLAND'S GER MAN BITTERS." It Is the only Tonic for the Invalid that commends itself. Our drug gist, E. Van Wagenen, ia this village has sold two gross the past six months, and in evert instance it gave satisfaction. Now is the time toue the Bitters. Iloqfland's Billers is entirely free from al coholio admixture. HOOFLAND'S GERMAN TONIC la a combination of all the ingredients of the Bitters, with pubk Santa Cruz Rum, orirge, aniso, etc., making a preparation of rare medi cinal value. The Tonic is used for the same diseases as the Bitters, in cases where some Alcoholic Stimulant is required. Principal Of fice, 631 Arch Street, Phiiad'a, Pa. Sold ev erywhere by Druggists and others, aug iiG A lad at Altoona. named Bentley, fell frem a treo and broke hifc arm the other day. TROVER & BAKER'S! FIKST PREU1CM ELASTIC STITCH ' WfflltfrTuPHINPH ISROCHUES s QUEENSWARE H S KWrt.H WOOD AMD WILLOW.-WARE, 730 Chestnut St., Philadelphia. TOINTS OF EXCELLENCE. Beauty and Elasticity of Stitch, Perfection and Simplicity of Machinery. Using both threads directly frorn the spools. No fastening of seams by Laud and no waste of thread. Wide range of application without change of adjustment. The seam retains its beauty and firmness ; after washing and ironing. Besides doing all kinds of work done by other Sewing Machines, these Machines execute the most beautiful and permanent Embroidery a:. 4 Ornamental work. The IIkhiest PaMiis at all the fairs and exhibitions of the United States and Europe, have been awarded the G ROVER & BAKER SEWING MACHINES, and the wobk oonk by Til km, wherever exhibited in competition. The vert monr.-T trize. THE CROSS OF THE LEGION OF HONOR, was conferred on the repiesentative of the G ROVER k BA KEH SEWING MACHINES, at the Exposi tion Universelle, Paris, 1HG7, thus attesting their p;reat superiority over all other Sewing Machiues. E2?For sa'e by C. T. Rom rts, Ebensburg. June 3, lSG'J.-Jy. Dangerous The chief danger from Dyypepsia is that the reduced strength of the system may disable it from surmounting othes intercurrent diseases. Sympathetic affectioi.r of the liver and lungs often have their origin in Dyspepsia, and may become orj anic diseas es aud constitute not only a source of incon venience but dangr. Hence, the sooner treatment is commenced alter the first symp toms of Dyspepsia are manifest, with more certainty can the dise ise be thoroughly ex peded. Do not delay to seek advice from unwarranted sources, but procure Roback's Blood Pills, take thera in small does to stimu late the stomach and intestines and gently act upon the liver. Then tike Roback's Stomach Bitters regularly after each me il to tone the stomach and assist the digestive apparatus, and you will find the relief will be almost im , medial e and the cure like magic. The Bitters should be continued for a while after all symp tom of the disease have disappeared. These medicines are prepared with the utmost care of materials having especial reference to diseases of 'the blood and internal organs, and can at all times with confidence be relied upon. TO COXSU-ni'TIVES. The advertiser, having been restored to health in a few weeks by a very simple remedy, after having suffered several years with a severe lung affection, and that dread disease, Con sumption, is anxious to make known to his fel low frufferers the means of cure. To all who desire it, he will send a cory of the prescription used (free of charge), with the directions for preparing and using the s ioie, which they will find a sit.e ccre for Consi-mp tion. Asthma, Bbonchit.s, &c. The object of the advertiser in sending the Prescription is to benefit the afflicted aud spread information which he cinceives to be invaluable ; aud he hopes every sufferer will try his lemedv, as it will cost them nothing and mny prove a blessing. Parties wishing the prescription will please adJi-ess Rev. EDW RD A. WILSON rnyiO.-ly. Williamsburg, Kings Co., N.Y. ALLAN IIOUE FOR SALE. The well known, commodious and popular summer resoit. the Cac i an House, located at Cresson, is of fered at private sale on accommoda ting terms. It is a most desirable property, the buildings being all new and in the best of order. The wish to sell is promnt ed solely by a desire to qnit the business- For price, terms, etc., applv in person or by letter to WILLIAM CALLAN. Sept 1G, 1SG3. 2m. Cre;son, Pa. NOTICE. The undersigned nppoint cl Auditor by the Orphans' Court of Cambria couuty to make distriLutiun of the fund iu the h inds of Jamks E. Nrasox. Ad ministrator of the estate of John E. McDm mitt, deceased, will sk for Mint purpose, at his olBce in Ebensburg, on FRIDAY, Octoier 1st, 16C9, when and where the parlies interest ed may attend if thev think proper. JOS. M 'DONALD, Auditor. Ebensburg. Sept. 16, l&Cy.-3u ISSOLUTION. The partnership heretofore existin? between the under dersigncd in the LUMBER BUSINESS has been this dy disso'ved by mutual consent. The books of the firm have been lett with Owen Cunningham for settlement. F. BEARER. OWEN CUNNINGHAM. Ebensburg, August 21. leG9. PARTNERSHIP The Lumber bus iness will hereafter be conducted by the firm of Cunningham &, Stonebtck, who will be prepared at all times to fill orders for Poplar Ash, Cherry, Linn and Pine Lumber, Sawed and Shaved Shingles, and will purchase all kinds of Lumber at the highest market rates for cash. CUNNINGHAM & STOXEBECK. OK SALE ! Pcrb Bred Hogs and Fovrs. WINTER SEED WHEAT and other FARM SEEDS, from Deitz's Experimental Farm, Caambersburg, Pa. Diehl's and Boughton Beardless ; Week's and Treadwell's Bearded White Wheats; French White and Red Chaff; Purple Straw Bearded Red Mediterranean, and German Amber Beard less, are the best, earliest, hardiest and most productive Wheats that can be recommended for general cultivation. 4 pounds of any kind by mail, post paid, for $1. Twenty heads of different vnrietics pent, pot paid, for $1. Twenty other varieties ol Wheat, Barley and Oats, of last year's importation Sets Deitz's Expfrime.ntal Farm Joccxal ; send and sub scribe tor it ; only ?1.50 per year ; the most useful journal printed Address GEO. A. DEITZ. Chamber'bnrg, Pa. The Earliest. Hardiest and Most Productive Red Wheat is the French White Chaff. September 9, 18C9. 4t. VALUABLE TOWN PROPERTY AT PRIVATE SILC! The undersigned offers for sale a LOT OF GROUND situate in the West Ward of Ebens burg Borough, fronting G6 feet ou High street and extending back 132 feet to lot of Wm. S. Lloyd, Biljoining lot of Robert Evans on the east and an ll.?v on the west, lnving thereon erected a TWO" STORY FRAME HOUSE, with a Plank KiTcnKX attached, and a ONE STORY FRAME HOUSE. The property will be sold cheap fob. cash, or on easy terms. For further particulars arplv to V. S. BARKER. Ebensburg, June 3, 1SG9. tf. NOTICE. Letters cf Administration on the estate of R. S. Bunn. M. D-, late cf the Borough of Ebensburg. Cambria county, deceased, having been granted to the under signed by tho Register of said county, all per sons having claims against said estate are here by noufied to preont them proper'y authenti cated lor settlement, and those indebted to nlake pavmeiit ni'hout 'elv. A N N 1 F. J. BUNN. Adm'x. EDWARD II. PLANK, Ada'r. Ebemiburg. Aug. 13, 1SLJ. fit. ftli? El HP 11 0 M A S CARL.AND, wlu.b vm m STATIONERY AND NOTIONS, Fisi. m imi urn mm.. HACOX, FLOUR, FEED AMD PROVISIONS,, NO. 13G VIRGINI A STRELT. Between Julia and Carbine, ALT0OXA. All such po kIs as Spice. Brushes. Woo ant Willow Ware. Shoe Backing nd Station erv will bo sold from m ti'i.fciurcr' printed pi ice lists, ai.rf ail oilier jtood in my line ct Philadelphia. Baltimore. Cino nnati aud Pi;U birgh current prices. To de-tiers 1 p.-esnt t'ne peculiar advantage uf saving liiem ail height aud dravae, us they are nu' nq'.iiel lo pay ft eights fro in the principal c":tie and no dray age charge aro made. Dealers -nay rest as sured that my g,ds are of ihe host ajuaiitr arid my price as moderate as city rate-". By doing a fair, upright Uusmess, and bv pr'joip'.ly and satisfactorily tilling all orders, 1 hope tv merit the patron;e ot reta;l dealer and oth u-s in Cambria coun'y and elsewhere. Order. re spectfully solicited nml sii'in.'aetioii cun-ated!, ta all casus. TH' M AS CARLAND. Altooua, July 29. 18t',!). if. WASHINGTON STREET, Neap Pa. R. R. Depot, Johnstown, Pa,, Wholesale and lctU Dealers in minmimnwnwn MILUXERY GOODS, HARDWARE. QUEENS WARE. BUOTS AND SHOES. HATS ANO CAP3. IRON AND NAIL CAEPETS AND OIL CLOTHS. it K A D Y-M A D K C U mil NG , GLASS WARE. YELLOW WARE. WOODEN AND WILLO.V WARE, .PROVISIONS and FEED, ALL KINDS, Together with all maimer of Wte.rn Produce, such a FLOUR. BACON, FISH, SALT, 6ARBON OIL. Sic, io. 5 Who'csale and retail orders solicited ami promptly filled on the shortest notice at d most reasonable terms WO-GD. MORRELL & CO. Johnstown, April lbuV. ly. gHo. cTk. ZAHM, JAS. B. ZAHM. ZAHM &L SON, CE.Y&EES IS DRY GOODS, GROCERIES', HARDWARE, QUEENSWARE, 11 SHOES. MIS ii im, AKD ALL OTHES ARTICLES L'cually Kept iu a touutry Siurc. WOOL AND COUNTRY PRODUCE TES IS FCHANGE FCS COOPS ! STOKE OX MAIN STREET, Next Door to the Pest Office, June 10.1SG9. EEEXSBURG, PA. A W SON & B A K E II , FRANKLIN STREET, In t lie OJil POST Ol'J'ICE CiaDI.VU, Johnsto'.rn, I a, WHOLESALE GROCERS A.Ni DKALKES IX n CSTCRK PRODUCE! UWSOI & UI!8 a arge 4-nnnlv SUGARS, SYRUPS. MOLASSES, TKAS. COFFEES, FLOUR. BACON, potatoes. DRIED and GREEN fRUITS, TOBACCO . CIGARS. &c. Ac. Orders solicited f-rora retail dealers, and sit isfaction in goods anl prices guaranteed. Johnstown. April 28, 16C9. NDltE W MOSES, MERCHANT TA1LCR, Sctpes's Bcilpims, Clinton St., Jouxstovst, HAS jnst received hi fall and winter stock of fine French, London and American CLOrilS, CASSLMERES and VESTlNGS, and a full assortment of Gent's Flenishio Goons. Mr. Moses has been for right years cutter at Wood, Morrell & Co. 'a establishment, tnd now desires to inform his friends and the public eu crally that he has commenced business in Sup pes's building, on Clinton atiect, with a btock of goods adapted to the fall and winter, whic.t he is prepared to make up in the latest stylt's and at moderate prices for cash, hoping by at tention to busiuess' to merit a share of pub' -p itronage, and mainlaiu that success whic:. has heretofore attended his effort in produciii good fitting garments. Give him a call. Johnstowu, Sept. 2, 18C3.-tf. EVERE THE MEMORY Oi' 1IUENDS DEPARTED ! MONUMENTS, TOMBSTONES, fa, The subscriber still continues tomanrfactti.-j of the best material and in the moat workmanlike manner, at the Loretto Marble York all kind of MONUMENTS AND TO STONES, as well as TABLE and BUREAU TOPS, and all other work in his line. N-:. but the best American and Italian Marl '. used, and perfect satisfaction guaranteed i all cases at prices 3 low as like work 'C.v. be obtained in the cities or elsewhere. C aud see speciniei.s and judge for yuumel .ei as to the merits cheapness of mv work. JAMES WILKINSON. Loretto, March 12. 1868. ly. G OOD, BETTER, The and cheapest Tobacco and Cigars a ye at M- L. Oaluvia's. Go aud J
Significant historical Pennsylvania newspapers