' " ' " r
II. . 'sri'IKC, fcdltor and Iu blUlit r.
HK IS A FREEMAN WnOM TIlE TRUTH MAKES FREE, AND ALL ARE SLAVES BESIDE.'
Terms, fi per year In advance.
VOLUME 6.
EBENSBURG, PA., SATURDAY, J LTNE 15, 1872.
NUMBER 21.
lit
.1
1
(Tainbiia .freeman,
i:iiK.Mini, ia.
Saturday Morning, : ; June 8, 1872.
l:i.ioiii Slate Xoiuinntioiis.
loll OOVKKNOn :
( il VS. !! 1'' ( KAl.LW, of Columbia County.
loi: rll'IKME JfPOK :
.IA.V1
I Hi M1 'fdX, of Krie County.'
r..i: aiihtok (ir.NEKAL:
I HAKTLKY, of Ilcdford County.
;; , . i.M.UKSSMtS AT LAHGEI
!,! VAI'X, of Philadelphia.
- II.
K !'..
JHU'klNS. of Pittsburgh.
u l.'liiHT, of Luzerne Counts'.
... '. i itutiorial Cotirention :
,. . v m)iwaiu, Philadelphia.
,,i mi mi --. iii.Ac'K. York. '
n i i v i j;iM i.it, Cl-'arricld.
ii i ii .. I; til, Somerset.
ii i l in U. .-MlTH, Allegheny.
, i...;is. Philadelphia..
: ii.i iMI'BLI.I,, Philadelphia.
Ii. I. i mii.hs, Lancaster,
- ; i lis. Schuylkill,
i ! . In it, Venango.
i I'ai.i.a.s, Philadelphia.
i v.Miibitro.N, l)auibin.
A. I l ii.MAN, lirtene.
II.
i.. .1.
It. U ii. i i am .M. Cokueit, Clarion,
r.'i i t-nt Setisttorial.
:. I! I
'W AN, of Westmoreland County.
;. . ,-KILlt, jl 1- I'iUlKJlU county.
-it vt'jrt Ilepretu ubiUci,
; i"-n Mahvin, of Erie,
ii S. M i i.i.kh, of Huntiiijilon.
'.i:i's l itY, of I'lnlniieliihia.
Si
IH ft.
l.i. Lt. T.owenbcrg'.
14. J. M Kniifln.
Thi .ir.as J. Bargcr.
M'- li n Amlursun.
JoliU Motlat.
i ieoix-' K. Uurrtl.
i Not ui,rre l u;.-ou,)
1-aiah li. ll'jupt.
Samuel A. Dyer.
Jive li. Huwley.
II. it. Svau
li. Kilfy.
J'llni Kunklo.
1'. V. Uuiislur.
lf. Henry eUh.
li.
17.
LS.
l'J.
-J.
21.
)lenry J. .talilcy.
It. . Cbristy.
William F. Lnao.
It. li. llnnvn.
V. .M. Kohinson.
.1. It, Molteit.
'1. 1 1 . ni i'1't-imnn.
s.
J.
1 ).
ll.
'X John It. ltaril.
t. Oeoi Ke w . duller.
lr inorr tic tHiily Xomluntiou.
.4fmH!-JUIIX HAN NAN", Johnstown.
Jinj.aiiu liei: J A.S. M. slNti Lit. Jackson Twp.
t urn in i-unur A tVl H UN V ANNA, Chest Twp.
il. OiirihtrlilllS HUH II, Johi'fclown.
. 1 Ud ll.rl fK'flult Imj toil IM. I 1', -&U IU Ui i l v i U 8.
( OJ! SI I S I VA TI OX.
i iM'R COMMON" SCHOOLS.
TJIK KKCUNt) THING. I
ri V. T.to haJ aliuuiJunce of money it mibt
'tii i v i"ily nt'J. .Much money 18 iiijudi
' 1.U..-1V uui.-ii:j-et even ttt tne re.ent lime.
; :1 ii- .-Lijiml lii-jiort ol l;t shovs ttiat out ot ttie
l;:ViUiHlallOU Ol 5-l,UW tUUlle lor that
s.m.i; n.. um of '-'li,(uu wu.s spent before it
i'-.i::ii I iiif; c-itinujoti Mc-boold, leaving only
..r. Msi in be uisii ibuteii aujoii;; the districts,
.. . ,i ; i ally need t lie ;uiouey. 'I hen "the cji-
r - tiutyi CU1 UlilllL UllllMIUlCU 1J
y I ..ij" mire. Then I or uici denial e.v penses
j in ire. Then tor printing the School Ke
i'Ki is, -hicli expeiiae id im luded in the State
I i iiiuiiii and ia nut precisely known, but w Inch
annut be less than uiw - makinir an useifre-
K-ite ( i)U,ljlXJ, or oue-liuit nt the.-tlo appro
pil.ition, mat never leachea the cuutuiuu
bcboots ai all.
lue i.nuuiijf of County Superintendents' Ue
j'ori uua ti-u-r coiileiiijjiali-d by tlie lnuuc-1'3
iu inelavrol l.it 'J i,e v cro to make. u. report
i i the siato sujieriiiiendeiit, and he was Lo
iuae a coijicn.-.ed stulement lo the Legislature
! the Slate. Nobody evt-r dreamed that the
ii. 'iiM-nse written by t ne.se Coiiutv Supeiinterid-
nis as lo be miiiiipiiud tiy an odicial kaleido-.--.petrt
the expense ot tLe.siale. I'copie have
iii n lianees iu become nausea led without in-
..! riiiji so heavy uu expense. The entire State
u ! m. that oum not to make more than 16
i . i-swollen to near4U0, while the uumber
el is increased in nearly uu equal ratio,
-i ";. u3and p.unpuleis would be sullieieiit for
1.' iniaiure, but uuw not b-s tluu oneliua-
Jie.l laousKud of LUeke lare books are printed,
" " J i i and lorwarthil lo uilfereut parts of Ibe
i.i.e in tne puOliu expense, while leaeners are
-t n-uiiK to make a living ui les than half
ii'-n i lie total amount of money paid out for
.in-
U'l-'i iol Normal chools since the adop.
i we Act i l:it,iVMi. This as a periectly
I i
ii-i ., -M vjicuuituitMit money, for these schools
r i i.i j'oiultoiis were abuiidautlj' capable of
Mipp.u tinjf tli.Miiscli es, and those who did ro-
ne an education in liiein do not leach eom
uien schools. Some ot them may teach fcchools
:n cines and boroughs where livinjf salaries
iio paid. Itut Kood salaries always uid secure
J.OIM1 teachers, even before there ever was a
normal School. Tcachi is w ho graduate in N'or
niul schools Uu noi feck cmp'loi incut in the
rural districts at per nionlh. And yet it is
here they re needed. The original purpose of
the Normal M IhiuI was u, Midy teachers, but
I lie experiment was a total failure ttiuiemt the
suite near Jik)MK). Now Coii il ly.Su pei iuteua
enls are struliujr to supply the want by tciich
ii!,; persons in small county Normal Schools.
And even this, so tar, lias proved u total failure,
tor last year the jfeneral complaint of the Co.
.superintendents was that lueoiiipeteut t jacbers
ii.id dually to bocmplcyed to jret all the schools
.pen during the winter session. '1 his experi
r u iit then constitutes another leak of near
?. 1.11, while the schools ure not in the least
l.'MilHed.
I Here are other leaks that need not be mon
v. n ied lii-re, such as f ornishim? an in numerable
T .iiiiity ul blank forms to th? districts, many
..t whie'b an )f little use ami some of which
;ti- : i' .-r unciI. All these: little leaks take just
t:i : -1 liuin the salary of the teachers, and
'i -i .i lonir as their salaries ure below the wa
"1 a lali.irer jn-t so lonif will the schools be
'!'. 1 with careless mid incompetent teuchers.
My un.ler i- tim' teueliers caii be protrured at
nil. A day laborer can trenerally K'-'t work all
ttie year ruiiiid at about l.:tl per Uiem. IJut,
' l'"''ir tin wnv.-i down to a niinimuui of one
" l' r '.i , tn laborer can make iiO to U0
j.er y.-ar. The average -iilnri-s ,f teachers ill
. .! rural lifnef. Mf'rr deiiucfinfr cities ami
o, i iu. Hre nor more riian :.li per year for males
" '"' ma.'es. Mechanics get from tW
i" p.r year, (bilva ew da vs aro t he en r-
Ntr ; S 111 Neiv York cilv Klrnr-lr for Innrdlil.
la i
per nay. It iria v lie iiriui.il thiil- reuchera
y t
lari'l-r W.-ltres than I ten .. vl lte.1 In dime
i ' li es they appear to u-ft more, hut mvsliibi.
Mi. -nt jei
i reel. ( )nv Hn nvernc-eor Kir months
i i t'ie j ear is tun-j-ht. '
' ' order vacations just when they please, ami
tj'-ii-liers can siidoiii obtain empioyment tit
' i '.r l ocation during- the summer months, es
1' '.illy in the couut rv. So that virtually they
i.y oh tain, yearly, thf? amount I have stated,
.tff these leaks an. I expenditures justifiable,
"""""'hiii.' to near lib.nOO annuallv. when the
! tries of teachers jire so low? I certainly
t'Hik not. It on Huv.
0 AND SEE VOlt YOCn?ELF! -An.lv Fog
' -r. of the well known tirtn of Gi ls & Foster,
a "' York and l'hiladelphia recently,
and as his experience in the purchase of drv
K .-lsof the newest atlerns, latest style-s and
'st ijuality Is well known we expect to see a
ni-li oT customers to that establishment when
tail fact becomes generally known, (lets &
roster have the largest and best selected stock
of dry (foods In this city,' but the firm desire to
call particular attention to the department al
ltle,lt CAHPETS.
Om; portion of iheir large store Is devoted to
the sale of carpets and as they buy an immense
M'ck at a time they are necessarily enabled to
j 'iy and sell cheaper than any other store in
town. Visit (JeisJt Foster's mammoth store on
Clinton street, Johnstown, and examine their
iroo.ls and prices and we are sure you will pau
V'juuu the firm.
IIP KF.Y'3 FntXrTUItE WAKEKOOMS.
J'.im lliekey, Cndertaker, on Julian street,
M."," ! Vur,1 Altoonn, is prepared to supply
r" ,al'c fiuriul Cases of ail bizt-sand patterns,
' reasonable terms. ' .
Hum; , k"-v '''Ps constantly on hnnfl a large
'tti'.i ' . n-',T an fanhtonable furniture, and
k:i. i require anything in his line should
roe,,,, '1,,,,1t'tJl. Every article sent from his
Hair a i warranted as represented,
br t.'-r ,, "iriw Mattnisses manufactured to
4f"0'ln 1','ei c,m .-ro-wtn nd fitted up as
i w n.i.i :
I !.!!'
1
ti
1 I.
orders from a distance promptly attended
U"'13.-tf.J
ill Til MW M HI SCAFFOLD
Trial of Jlicliael Moore lor the Mur
der of his Wife.
Full Report of Evidence, Verdict, &&
IReported by C. W. Easly, Esn.j
In the columns of th Fref.man of the Dili of
Mnrch last, we publrslied tlm details of a most
hrutal murder which was perpetrated in the
vicinity of a small village known as il intra 1
Point, located on the line of the Pa. Ii. R.,
distant about seven hiiiet cast of Johnstown.
It is unnecessary here to recall the particulars
of this most fiendish crime. Suffice it. to say
that Michael Moore, who resSetl about one
half mile east of Mineral Point, was strongly
euspecttd of being the perpetrator of the chock
ing trHcedy.nnc1 on that suspicion he was speed
ily airested and committed to j-.iil in this place.
The same intuition which led to the fixing of
theerime upon Moore impressed upon all minds
the it delil.le beiiel that the unfortunate victim
was the wile, or rather one of the wives (for
the remains were burned and mutilated beyor.d
identification) of the suspected murderer the
theory being that be had went to a distant city,
here she resided, and uuder pretence of tik
ing her once more to his home and his bosom,
had induced her to accompany him ven into
that dark and lonely mountain gorge where the
fii-btlul deed of blood wa so fiendishly perpe
trated. Hence it is that Michael Moore stands
to-dav within the shadow of the gallows, and
hence it is that we present as fully as need be
all the premilinaries of his trial and the facts
elicited irom the testimony up to the latest pos
sible hour on Friday.
TDK COUNSEL.
Tije District Attorney of this county, Win.
II Svchler. K-q., assisted by F. P Tiernev,
L'svj., represents the Commonwealth ii. this
case, and A. Kopelin aud J. P. Linton, Esqs.,
appear for the defence
THE ACCUSED. ,
Michael Moore is a man of rather muscular
frame, possesses a 6omewbat forbidding casi
of ?ountenance, and is about 43 years ol age.
During the three months that he has been ins
carcetated in jail he has apparently lost little
Qesh, but is -evidently not as self-reliant as he
was at ike time of his arrest and subsequent
committal.
TBtTE BILL FOUND.
In the Court of Oirr and Terminer of Camhria
i'ounty, June Term, 1872, hrftrre Iton. John
Dea.i, ITexittent Judqe and lions. H.J. Llotd
and Jobs Fla.vauim, Associates.-
On Tuesday (ternoon of this week the
Grand Jury foutfd a ttue bill acainst Moore,
the indictment charging him with murder, and
at 8 o'clock on Wednesday morning he was
brought into Court lor arraignment. At the
request of his counsel the Court directed the
manacles to be removed from his wrists, aud
they then presented the following
UlA-ONS fOB QUASHING THE INDICTMENT.
1st. That he whs denied or not given a pres
liminary hearing before the finding of the bill
of indie' men t against him, and upon which he
isjcalled to be tried.
2.1. '1 he prisoner c'.aitns the right to chal
lenge the Urn nd Jury belore which and by
wViora the indictment is presented and found,
uud upon which he is proposed to be tried
3d. That the tirand Jury by whom the in
dictment was found- aud reiurued against the
prisoner was not drawu aud selected according
to law in this:
First. That ibe number of jurors to be select
ed and placed iu the wheel was i.ot fixed by
the Court prior to the first term of Court in
the year lb?2, as the law authorizes.
Isecond, That there was no order or precept
of the said Court, or of two of the Judges in
vacation, commnndii-g the Sheriff and Jury
Commissioners to empanel the said Graud Jury.
'1 bird. That the wheel from which the aa'id
Grand Jury was drawn was not kept in the
possession of the Jury Comu.isiionei s and the
key thereof in the custody of the Sheriff, as oi
recteJ by law.
Fourth, It does not appear from the return
that the jurors wero legally drawn.
Filth, I hatthebill itself appears tobesigr.ed
as a tiue bill by two distinct aud separate
Foremen.
TI STIIIUNT ON THrSK POINTS.
On the motion to quash by reason of the
informality of not designating the number of
jurors to be placed iu the wheel when the venire
was ordeied, Thomas Davis, one of the Jury
Commissioners was sworn, and testified that
he was elected i Octoher, lt-70. a Jury Com
missioner. Oil the Ulh ot Jmatiary last the
filling of the wheel was commenced. My
recollection is that we placed 7oC names in the
wheel. I understood the number remaining in
the wheel should be sufficient for one full jury,
af'.er the drawing, lor all the regular teuus for
that year. There names were selected m as
directed by the Act of Assembly.
in answer to questiou by Mr. Linton, Mr.
Davis stated that be was not certain whether
il was the assessment list or the electigii returns
from which the names were taken.- ,-We bad
do order of the Court designating the number
of names to be placed in the wheel. We keep
no official tecords of our transactions as Jury
Commissioners, except filing our oaths. Mr.
Skeliy is my colleague. We selected names
alternately, and agreed upoc that tbey should
go in. We occupied the Grand Jury room in
performance of this duty.
We got the wheel in the sheriff's office.
After fiding the wheel it was taken by us to
the Sheriffs office. It was in his offive when
I iast saw it. Wo have no office as Jury
Commissioners. I can designate the particu
lar seals on the jury wheel which we put on
alter sealing it up '
Aud on the motion to quash because of the
jury wheel not having beeu kept in possession
ot the Jury Commissioners aud the key in the
custody of the Sheriff, the counsel for the
prisoner called W. li Bonacker, Esq , who was
sworn, and testified as follows ; I am aheiiffof
Cambria county ; the jury wheel is in the
Sheriffs office at the present time ; it has been
there since I have beeu Sher.ff. except -when
the Jury Commissioners take it to the jury
room to place jurors' names in it. I have been
Sherift since December, 1b7i. The office 1
spoke of is the one furnished by the county iu
which my business as Sheriff is transacted. I
keep a key, and ;ny deputy also has one. The
jury wheel of this county has not been out of
my possession since my predecessor Lauded it
over to me.
Answer to questions by Commonwealth's
counsel To the bestol my knowledge the
jury conimitfsiocers placed the woeel in my po
session. Answer to question by the Court
I unlocked the wheel lor them, and when
tilled I would lock it again and return it to
my office. 1 think the wheel was iu the office
when 1 took possession ; at the drawing of the
jury the wheel U not taken out of the office ;
it is at time of filling the wheel
Court adjourned at 1 1 o'clock a. it. to enable
counsel to bring iu their authorities touching
the above reasons.
AFTKNOO!f SESSION.
Court convened at 2 o'clock. The counsel
for the Commonwealth proceeded 'to cite a
number of authorities with the view of contro
verting the reasons offered by prisoner's coun
sel for quashing the indictment. The warrant
for the art est ot Michael Moore, and tbe coro
ner's inquisition were also offered in evidence.
The authoiiiies relied upon by counsel for
the prisoner to sustain their positions taken for
a motion to quash were next offered, and argued
at length. The motion to quash was overruled
by the Court and tbe prisoner ordered to be
arraigned. A special plea of the prisoner, uu-.
der direction of bia counsel, which was based
upon the reasons made to quash, was fiist offer
ed. The counsel for the Commonwealth en
tered a general demurrer to this plea. Upou
the grounds that they had no knowledge of the
kind of evidence that would be adduced, by
reason of no preliminary hearing having been
had, the prisoner's counsel next moved for a
continuance of the case. The petition for a
continuance was refused:
THE ABRAIGNMENT.
The impressive formula prescribed by the
statute for the arraignment of prisoners charg
ed with the high crime of murder w hs then read
to the accused and in a firm voice he responds
ed to the usual -inquiry as to how he pleaded
"Not Guilty." Immediately alter plea
being entered his counsel challenged the array
of traverse jurors, and filed reasons therefor.
the junr.
At half past three o'clock the Cleik com
-noticed cailiug a jury, at:d the following list
of challenges Was made before the regular
panel was exhausted : for cause 16; peremp;o
rily, by piisoner's counsel. Id;' by Common
wealth's counsel, 2. The jurors were aworn in
from the regular panel, when a special venire
was ordeted by the Court, aud talesmen were
called to complete t!ie jury. Of these nine
were challenged peremptorily by prisoner's
counsel and three for cause.
Tbe following named gentlemen, chosen ia
the order given, comprise in this important
trial the requisite
LtST Ol" JtTRORS.
fieorge M'Cullough, Munster township.
Koland H. Davis, Ebensburg.
Francis Stritttnatter, Carroll township :
Benjamin F. Anderson, Allegheny township :
Charles A. M'Mullin,
Augustine Y'ost, Carroll township;
Casper Dimond, Croy le township j
Joseph Uehe, Carrolltown ;
Oliver Keed, Jtlackliek township :
Michael M'Guire, Allegheny township ;
John Ferguson, (Tales,) Lilacklick township.
Charles Owens, (Tales,) Ebensburg.
Court adjourned at 6 o'clock, p. in.
THURSDAY'S PROCEEDINGS.
CPF.NINO FOR COMMONWEALTH.
Court convened at 8 o'clock.- W. II -Seeh
ler. Esq , opened the case 6n the port of the
Comm.mwealth. He stated to the jury that
the indictment charged Michael Moore with
the murder of Ann . Boyle. Tbe accused
had resided in the vicinity of Summerhiil as
long ago as 1853 or perhaps 1850. In the
month of October lt53 he married Ann E
Boyle, but within a year or two afterwards she
was compelled to leave him On account of the
ill-treatment 6he experienced at bis hands.
From that time hn knew nothing further about
her until tbe fall of 1371 , or in January !872
In the year 18C4 Moore was mirried, in Johns
town, to Catharine Connell. The Disttict At.
torney went on to state the chain of evidence
by which the Commonwealth proposed to prove
that tbe body which was discovered near Mins
eral Point, on the morning of the first day of
March, ol this year, was that of Ann E Moore,
the lawful wife of the accused, and that she
waa then cruelly mutdeted by her husband,
Michael Moore, the prisoner at the bar.
As the District Attorney ably ard lucidly
summed up the evidence which would be ad
duced in the course of the trial theie was a
painful anxiety manifested by the prisoner, for
a chain of circumstances would be forged, in
tbe event of all these statement9being proven,
which would seem to establish his guilt beyond
the possibility of a doubt. District Attorney
Sechler occupied some twenty minutes in opeu
iug the case.
TESTIMONY FOR THE PROSF.CCTIOX. .
John tifiriver Strom. I resided at the time of
this affair in Conematigh township, this coun
ty. On the first day of March, 1872, about 8 o'
clock in the morning. I went to the stable and
harnessed up 1113- horses to haul wood for my
father. Hauled two loads; weut for tbe third
and my dog came along and run ahead of me.
He commenced to bark down over the hill
when I was loading the wood. Hauled tbat
load home, unloaded it and put tbe horses in
the stable. 1 then went to the bouse where I
lived, got mygun, took another small dog with
me and started after tbe big dog. The dog led
me toward Mr. Oick's. When I got on top of
the bill the dog wa down over the bill where
the blood was; heard him barking down there.
Started down, and when I got to the bottom 1
stopped threo or four hundred yards from
where the blood was. The little dog started on
ahead of me. Walked some distance and got
on the trail of a fox. I was going in the direc
tion. which the big dog had taken, when little
d!f not on a man's tracks and followed them
to lit-m i he blood was. He barked twice or
three times; 1 called him, but he would not
come away; went towards him and got on a
man's trucks, which I followed till I came to
the blood. Looked at it and stirred it around
with my foot ; found in it a switch of woman's
hair with two hair pins in it. This was covered
with, wet leaves. Looked around and saw a
pair of spectacles, a full set of artificial teeth
and three or four pieces of comb for the hair.
1 became frightened and started off right away;
walked about sixteen feet, and looking across
a log saw a pile of wood there. After I saw
this 1 started over to Mr. Giek's. I asked An
drew to go along with me. He and Mr. Keigb
ard's son came along. We then went to Min
eral Point and got six more men, and we all re
turned to the place wherethe blood was. When
within live or six huudred yards wesaw smoke.
We then went on to where the body was on fire;
the tire was on tbe body of a woman. This was
at the same place I had seen the pile of wood
before I brought those men. I was not present
when a survey of the. ground was made. We
looked around then and picked up the articles
I mentioned as having first seen myself, and
also a piece of scarr or comforter and a stock
ing garter. Above. named articles shown to
the witness. I think the pieee around her
neck was a stocking garter or pieee of comfort
er; it was woolen. The body was all bruised
black and tbe legs were burnext off from the
knees down. I took snow in my hands and put
out the tire. I could tell it was a woman ; tbe
only spot riot burned was on tbe breast. She
was lying on her face; tho face was burned
black, the bead drawn upand her tonguestick
ingout. Could not distinguish her leatures
the face was too much burned. There was a
little piece of clothing left on her breast. We
examined her mouth and found she bad no
teeth. I left then for thecoronor. The tracks
I saw there led down towards Mineral Point ; I
followed the tracks about two hundred yards
to where a little road came In. There were the
tracks of a man and woman going in and tbe
san coming out ; they led first north and then
east; I measured the man's track: it was 114
Inches long. The woman wore a rubber shoe.
Vj'ix-Examined. It was about half-past ten
when I went the first time. I could not identify
the body of th woman. I did not see Michael
Moore then. The dog was part hound ; 1 got
him from Gatcsat South Fork; uegot him from
Croyle. Tom Moore sold him to me first. He
got the loan of him from Mr. Gates. He claim
ed him, but Mr. Gates owned him. The blood
was sixteen feet from the body. I can't tell
who has kept possession of the articles found
there since then. I only picked up the pieces
of comb, but I saw all the rest.
lie-examined in Chief. 1 identify the comb
from the teeth broken out, the spectacles from
the way they are bent and by one of the glass
es being out. The articles found were taken
possession of by the coroner.
Ke-CrtM. Examined. It was between five and
6 o'clock in the evening. It was between li
and I o'clock when I saw the body first. There
was considerable blood there. 1 was frighten
ed the first time. I knew that the tracks were
those of a boot or shoe.
J. A. UarriM swirn. Articles found shown
to witness, who identifies the teeth, spectacles
and the piece of woolen-comforter which was
around the Deck of the woman when be arrived
on the ground. I cut the comforter from her
neck. The comb, hair pinsand comforter, with
needle work and garter, I believe to be the one
I saw at the same place. These articles wero
all lying-on a log when 1 got there. I measured
. : - i' . . . . - . -' - .
the distance from where the body was found
to where the blood was, which was sixteen feet.
Kemtiants of burned clothing and some white
hair shown witness. These remnants I found
on the body; the hair 1 got out of the knot
where it was tied around her neck. I gave
these articles to the Sheriff, first putting a pri
vate mark on the teeth and spectacles. I tooji
them into my custody when 1 lirst went 011 Uo
grouud. I am Coroner of Cambria county.
Crtuo-Exam ined. I arrived on the ground be
tween 5 and 6 o'clock, p. in., of March 1st. Oth
ers had been there before I arrived. I knew
some of them. I recognize one set of the teeth
by three parallel strokes I made with. my pen
knife, and the other set by a large and small
mark 1 put on them. A month or six weeks
after tbey came into my possession I delivered
them to the Sheriff. In tbe meantime I kept
them locked up The spectacles I marked bv
two indentations. The body was burned past
recognition. Did not see Michael Moore then.
I showed the teeth to Dr. Wakefield; he had
them for about five minutes; I was present
and took them away with me.
W. Ii. Bimaeker nwnrn. I am Sheriff of Cam
bria county. Articles found shown to wit
ness, who identifies them as the ones he got
from Mr. Harrold. All these articles have
been out of my possession ; I brought them to
Mr. John ftcanlarr and had them put in his iron
safe, as i had no safe place to keep them. I got
them from him ouTuesdav last. I believe them
to be the same I got from the Coroner. Mv
deputy brought them to tho jail and locked
them up in a trloset. Mr. Sechler asked me tho
privilege of taking the teeth from tbe package
and I told Mr. Scaulau to give them to him if
he wished.
Crtir. Era mined. I do not remember rheimn
I got these articles from tbe Coroner. It was
between one and two weeks after they were
found.
John E. Scanlan otrorn. The same bundle
given me by the Sheriff was returned to him
excerJt the teeth, which were given to Mr.Zahm
in the presence of Mr. Sechler. They were put
in Sir. Johnston's safe. He carries one set of
keys of this safe and I carry the other. I put
no mark on them.
O. CAT. Zahia jtirom. Teeth shown to wit
tiess. Those teeth were in my possession. I
received them from Mr. fscanlan in Mr. Seeh
ler's presence and returned them again iu his
presence.
Crus-ExanUtifd. I am not nn officer of this
Court. Mr. Sechler found that I was going to
Philadelphia and he asked me to take theteeth
with me. I put no private mark on them. In
Philadelphia I went to George Smith, a detec
tive; I went with him to different dental estab
lishments, occupying some four or five hours,
to see if any of them could identify them. I
had a letter from Mr. Sechler to this man. who
was called a detective. The teeth were not out
of my sight during our visits to these dentists.
We saw some four or five. I brought them
back with me.
Ii. Ii. JihnMm sirorn. J am a partner of Mr.
Scanlan ; did not know that this package was
In my safe ; do not know of any person having
my key ; kept my pair of keys in a drawer in
my inside office.
li. McDcrmitt sirom. Package containing
articles shown witness, who stated that he re
ceived it from the Foreman of the tirand Jury-
I put it in tbe desk in the Sheriff's office,
and in the evening carried it over to the jail.
1 am acting as Deputy Sheriff.
(.V!--rtniiNecI.--I don't know anything of
the contents of the package. I brought it into
Court this morning the same as I put it away.
Tbe articles above named were r.ext offered
in evidence. Counsel for defence take excep
tions to permitting them to go in evidence for
the reason tbat there is 110 evidence that these
articles are tbe same found in the neighborhood
of the dead body; and if they wre se.fhcieutlv
ideuti5ed it would not still be evidence to af
fect the prisoner. Evidence admitted by tbe
Court.
Efliraim TVimlrtgvr "in r. 1 reside at Miner
al Point and am a foreman on the I'u. It. It. I
v.-ent -with seven other?, when called on by Mr.
Shriver, to tbe place where we saw smoke aud
tire. Found pieces of win d burning; saw the
body as soon as I got theft and belore the fire
was extinguished. The snow in some
places was two inches deep. Found tracks of
two persons one I supposed a woman's, the
other a man's leading t the blood. Followed
tbe tracks 'MO feet to nn oid road which led
from an old fire-clay ban!; to-Mr. Heighard's
fence. I noticed that the large track led away
from the place where the lnood was the small
one di.l not. I afterwards traced the track
which I believed to be the same from there to
the Pcnn'a railroad. Tbi-w as in the afternoon
of the same day. The stars. ng point led south
about 34U feet, then nearly east from the place
where tbe laxly was found; then it came out
into tbe road w hich is used for hauling lir--clay
from the bank to Mineral Point. Lost thetrack
here, but a short distance further touiid it lead
ing neatly north in the direction of the rail
road. Followed it a short distance ; saw tbat it
led directly.up the hill from the railroad and
then on down tbe hill to the railroad, nearly a
half mile east of Mineral Point. Crossing tbe
road. I found the track leading off towards a
bouse known as Michael Moore's house; the
one he lived in. I followed thetrack on fur
ther than the railroad. The house is almost 18
rods from the road ; it is 011 low ground, some
3 or 4 rods from the south-east bank of theCon
emaugh creek. I wus with the surveyor when
he pasei over this ground. (Frank I). Storm
was here called to prove survey of the localities
above described. The running of .lines was
done in presence of .Mr.lWissingcr and others.)
(The draft was next shown witness, who testi
iied that he believed it to be nearly a correct
plot of tbe ground traveled over that day, and
that he carried one end of the chain when sur
vey was made. '.Commonwealth's counsel of
fer the draft in evidence, which is admitted by
the Court. Counsel for defense object, for the
reason that witness does not testify positively
to its cort-j-otiiess. F.xccption allowed and bill
Scaled. Court, on urllentlon of oounHel for
Commonwealth permitted thesurveyor to erase
objectionable notes on draft before it would
be permitted to go before the jury.) The ar
ticles found were next shown witness, who
identified theteeth by peculiar marks which he
noticed on the vulcanized plate, and believed
that he recognized the other articles as the ones
he had seen on the ground that day. (Objec
tionable notes in draft having been erased, the
witness explained to the jury tbe localities
marked thereon.) Thetrack I traced down to
the road I measured with a stick and it was the
same size as the truck near the body. I mea
sured the track when it led off from the rail
road to Moore's house, close to tbe road. It
measured the same as the track I bad followed.
Asa Parons measured the track with a rule; it
was Inches long. -Mr. Parsons, when I last,
heard from him, was in Minnesota, The body
was taken from the place it wus found to Min
eral Point, that evening. I took charge of it
then, brought it to Johnstown and gave it into
the hands of thecoronor This was in the fore
noon of March 2d, I next saw it at 'Squire Stray
er's office. It was the body of a female. Tbe
string which was around the neck was drawn
as tight as to Indent tbe flesh, leaving it nearly
eveu with the string. The knot was tied behind
the neck. I live in the station house within
twentv feet of the railroad. Passengers get
out and in on both sides. There had been a fall
of snow the night before about two inches. I
observed tracks leading from tbe south side
that morning one a small track I took to be n
woman's and tbe large track a man's. I walk
ed up about 150 feet along the road to where
they turned off this was eastward from the
station. The ttacks then led off south east to
the fire clay road. I know the train stopped
on thelnight of the ait h of February. It was
snowing at H o'clock in the evening but it was
not at 9 o'clock. The mail train due at 9:11,
stopped there that evening. Tt may have been
2 or 3 minutes behind time. The next preceding
passenger train going west would beatSuftp.
in. tbe Way Passenger train. The mail train,
east, at 1:00, noon, stops. The first passenger
train west after the mail would be at 9:57. 1'he
next train to stop after the 9:11 train at night
would be the Accommodation train at 6:09 next
morning going east. There was freezing on
the night of the 29th of February. A track
made the night before would be frozen. The
tracks leading out appeared fresh. The snow
had melted away some where the pool of blood
lay; there was some blood on a little bush.
Just at this place it was all tramped around
when I got there.
At 12 o'clock, h., Court adjourned until 2
o'clock, p. m. ; ' '
AFTERNOON SESSION.
Testimony of Mr. Wissinger resumed.
Cross Esamiued. Tt was about half past one
o'clock, p. m., wheu I saw the body; part of
the burning wood I took to be jieces of hewn
timber and some of it stave timber which was
split. They were old pieces, not cut recently;
some of it I think was picked up near the fire.
The body of the woman was face downwards
and I think there was no fire under her. Her
face was burned black. The pieces of timber
were lying against the woman; I took off three
1 i. .' -'L ' - ' . ' -
V
1 was in trie bouse when the ";ll train passed
west that night. Michael Moore lives about
half a mile from my house; have known Michael
Moore about 16 years; do not pretend to say
that tie tracks I saw were his tracks The
old Portage railroad is nor marked on the
draft. It waa from-16 to 18 feet from where
I saw blood on the bushes to the place where
the body was found. When I found the teeth
the sets were separated about two feet and lt.y
about twenty feet from where the body was
found. The pieces of comb were found about
ten feet from where the teeth were, and near
tbe pool of blood. I can't say that there was
any evideuce that this woman was ent or eti uck.
Saw no matches, sha vines, or light kindling
of any kind. Samuel Keigb.ird's house is
nearer this place than Moore's. Thete are
other houses around there as near aud some
nearer than bis. The tracks I. saw near the
station weie there before the b dy was dis
cerued. I saw them about 7 o'clock. It was
about that hour thit men employed on the
tracks go to work.
Ite-exaniined in chief. I siw what I took
to be ashes whete the fire was. The ground
was rocky there; her breast lay on the rock,
and there were holes between them where ashes
might escape. The stones were heated when
I came there There was not enough of wood
on the body to consume it; no fire was burning
on the head or face then. Heighard's bouse is
west of this place,- Giek's is southwest.
Edwabd Page sworn. I was present on
the 1st of March with seven others when the
body was found. I picked up a piece of scarf
about 16 feet from where the body lay.
Sworn and identified ) I banded the piece of
carl to John Ford. J observed a small track
and a large ote going in townrds' this place
I observed one track leading away from where
the body was foui d. Jt was a large track and
led to the main road out along the road about
10 rods, from there through a thicket which I
couldn't get through, I wen? out the main
r ad until I came to the fire clay bank; got on
the track then which led me down to the old
Pcrtage railroad and on down to the Central;
from there I went home. It was about 18 or
20 rods from the place I lelt it to Moore's
hon-e. I observed no tracks going into the
fire-clay bank. This was not the way usually
ttaveled coming from or g'.tng to the fire-c!av
bank, I saw the body, it was all burned.
Cross Examined. When I said the body was
all burned I mean the legs were burned off and
one of the hands; lam not sure about tho
other; I got there about 1 1 o'clock. The clay
bank is about a quarter of a mile frjm where
tbe body was found; I tracked the two persons
to this clay bank. I did not see Moure that
dav.
Re-examined in chief. I noticed the tracks
particularly because I thought it roiht be
some of my wife's re'atives come from Altoona
Men were working at the fire clay bark. -They
had not gone to woik yet. Samuel
Fage and William Jones were employed there;
they went to work about 15 or 20 minutes after
1 got home. It is wood. and where the body
was found. There is another road leading from
Mineral Point to the fine clay bank but these
footprints look the road lrading past my house.
Re-crosssCXa mined. I lived at that time
at Mineral Point on the old Tort,;- railroad,
I saw tracks of two persons leading past ray
house that morning. T was watchman at Min
eral Point saw mill at tbat time. I noticed
the tracks between 6 and 7 o'clock leading along
the Central railroad east There was a small
track and a Inrge one. They led on right
towards the firu clay bank and looked as it
tbey were fresh.
John Shrjver recalled It was on the first
of March, in Conemaugh township, Cambria
county, ihnt this body wa found.
John Pendbt sworn. I stw ibe body which
w..s found near Mineral Point in March last;
This was about 2 o'clock in the afternoon.
(The testimony of this witness describing the
appearance of the body and arlicl.s found was
substantially fhe same as that detailed by pre
vious witnesses.) Mr. Mor.cll and 1. on the
2d of March, followed tr.i ks from the foot of
tbe hill on the old Portage tailroad to the cm
barkment which runs down from the Centra!
railroad. Whoever bad made these' tracks hid
slipped down theie. We went eastward akng
the Central until weenme to a path weiitdown
this path and saw the same tracks which we
had seen at the foot of the hill. These tracks
led to within 25 or 3d feet of Michael iioo-e's
bouse Tbe snow had blown away I. ere and we
traced them no further. I measured the tracks
by my own boot, which is eleven inches. Those
at the hill and along the pith were about half
an inch longer than niitie, We went right
to tbe door. Mr. Worrell rapped and a little
girl came ..t. - il. -k,,l far h.r fther or for
Mi-jhael Moore she went in and returned say
ing that he was sick. We left the house and
went to the river where we sa tbe same track
one was going down the river and the oilier
going up.
John Chk:rtanz sworn. T saw the body,
found rear M ncral Point, on the first day of
March, between 5 and 6 o'clock in the evening.
GtoRGK I'igic sworn. I got to the place
where this body was found abeut half-past one
o'clock on tbe afternoon of March 1st. The
body was all scorched, her tongue out, her legs
bnrned off at the knees, one nipple of her breast
burned off and the other not burned; her nose
partially burned and scorched. We started off
to follow the tracks coming east from Heigh
ard's. We followed these tracks to the place
where the murder was committed. The tracks
were close together, as if she had hold of his
arm. I noticed the stme tracks leac'ing into
the drift; they came from the direction of Mir
eral Point. I started from the main rotd to
the firesc'ay bank, and from there to the scene
of the murder. Saw a white handkerchief
hanging on a bush at the side of the road. Tbe
old Vortage runs parullcl with the Central.
J. A. Harkold recalled. (The evideuce of
Coroner Harrold touching the direction and
measurement of the tracks found in the vicinity
of the place where the body was found is sub
stantially that detailei by other witnesses )
Commonwealth's counsel proposed to prove
by this witness that the measurement of boots
worn by prisoner at tbe time of bis hearing cor
responded with the measurement ol the tracks
found in the locality of tho supposed murder.
Exceptions' were taken by prisoner's counsel
lor the reason that the Corouer had no legal
right, the prisoner being unJer arrest, to seize
and measure his boot or touch his person that
if it be so that the Coroner's measurement of
the prisoner's boot corresponds with that of the
tracks on the ground where the body was
found, tbat in itself would not be evidence of
the prisoner's guilt. The bill of exceptions
was allowed. .
, Examination resumed John Cbrislnpz and
myself measured the boot of Michael Moore
ou the 4th day of March last; it was eleven aud
one-half Inches long. - - -
Question by prisoner's counsel You have
already passed ou prisoner's guilt. Mr. Harrold,
have you not? Answer 1 nave.
Cross-Examined - The boots were on the
prisoner's feet when I measured them iu 'Squire
Slrayer'B office. . ' J
Da. S. M. Swan sworn. I was before' the
coroner's inquest in Johnstown and viewed tb
body of the woman lonud at Mineral Point
I made a post- tuurtetn examination of the body
and There was one piece left. This wa about
three fourths of a mile north-east of Moore's
house. Thmas Moore lives at South Fork,
two and one half-miles from Mineral Point!
on the 2d day of March at the request of the
coroner. The whole body presented the an -
pearance of having been exposed to the influ
ence of fire. .The hair of ihe head was entire
ly destroyed and the scalp was burned to a
crisp; the flesh of the face was roasted to such
an extent as to render the feturewnr ecogni
Zable the mouth was open, with the tongue
swollen and blackened protruding: there were I
no teeth in the mouth the neck had been en j
Circled by a ligature or cord of some thickness j
which, judging from the indentation left in ihe '
sain, bad been drawn gtiflicit-ntlv tight to huve j
caused death by strangulation. 'The arms -Mid '
hands were shriveled by the action of tbe fire :
the anterior portion of the chest and abdomen j
were comparatively slightly i: jured by the are. I
but ihe integuments ot the sides and back were i
in some places cracked and destroyed tbe j
thighs were roasted black and the tissue con-
traded from the effect of the beat the legs i
were burned to a cinder, some parts of which !
were in detached pieces and other parts want- j
ing. Upon openii g the abdomen the intestines
and the other viscera of the cavity were found
nidi jured and the womb was the normal size
of an unimpregnated uterus. I made ro exam
ination of the lungs, heart, chest, or brain.
The body was that of a female. A live body
thrown into a fire and burned as this body w..s
would result in death.
Cross Fxamit e -The cord was not on when
I saw the body. I formed my opinion from
the depth of the indentation. Death would be
produced by e.opping the respiration. I dis
covered no wounds of any kiud ou tbe body of
the woman.
Bv the Court. I could not judge from the ,
appearance ot the body whether any external
violence had been used.
Court adjourned at 6 o'clock.
FEIDAVS PROCEEDINGS.
FOItiAOOS SESSION.
S. P. Morrcll gmrru.I went to thq place wher
this body was found Rhout 2 o'clock on that
day. (The testimony of this witness was in the
main corroborative of John Pendry's evidence.)
The rule by which the tracks wero measured
was produced bywitnessand offered in evidence
by tbe Commonwealth's counsel. Tbe Central
railroad and the old Portage railroad, opposite
Moore s house, run parallel and are only sepa
rated by an embankment.
Samuel J ibitutt Kuviri. I was upon the ground
the day the body was found and noticed the
articles picked up there. 'I he spectacles I be
lieve to be the satue, as tbey suit the eves of a
Ferson of my age, and I tried them ou tbat day.
am 52 years of age.
Elijah II". Eixt nliise mrn, I am conductor on
the Mail traiu eust and west : bad charge of the
Mail train on the 2!tii of Februarv last frrm
Altoona to Pittsburgh. Two passengers got off
at Mineral Point that night a man and woman.
Ou;- time there Is 9.11; we may have been a few
minutes late. Tbey were on the train when I
took charge of it at Altoona. The defendant.
Moore, banded me a ticket for Johnstown; I
went on to the next passenger, when the pris
oner stopped me und asked if we stopped at
Mineral Point; turned and looked at bitn and
told him we did. Passed on into the second car
and a lady handed mo a ticket for Johnstown r
did not see her fTc, bot she got off at Mineral
1 oiut ; did not notice her particularly, she had
a veil over her face. When the train stopped
there I was in the rear part of it; I saw them
after tbey stepped off the prisoner and the la
dy who was in the second car. They got off
on tbe south track, opposite the station house;
they started east. The ladv was on tbe ground
and I w as standing on the platrorm from which
she had just stepited.
o rwr-y-jjiiitita.-.-i wna e-nm'red " "
town before 011 coroner- s inquest ; do not re
collect of saying then that I could not identify
tbe prisoner as tbe man. I first observed tbe
man and woman when lifting tickets bet treeti
Altoona and Kittanning Point. I knew it -rns
this man who got off there by hrs overcoat and
by tne fact tbat he was not in the car when we
left there. Until of them having tickets to
Johittttown-Hiid both getting off there made me
notice this matter particularly. Ij remember
the upper part of the man's face. Ihey got off
the train 29th Feb.; that was tho night I went
west. 1 recollect about them getting off. He
had his bat 011. I did not notice his beard ; his
cheeks and his eyes 1 remember. I saw themjfo
east tide by sirfe. He bad on a kind of a brown
overcoat. Coat produced. The coat looked
like that one.
hranci Hnke tnenrn. T am a brakeman on P.
It. K. : ran on Mr. Kisenbise's train on the night
of tbe2i!th of February last; saw two passen
gers, a man mid woman, get off the train at
Mineral Point that night; got off on south track
and started east along the railroad ; notice! the
woman iu the car she was closely veiled ; only
observed the man gettiugoff tbestep couldn't
recognize him now ; she w,ore a black dress.
Gemyc Park ntrn. as 011 tbe Mail trrin
west on the niht of Feb. 29th, ls72; remember
of seeiug a lady getting up to puss out of the
train; cannot swear pcsitiv"!y it was that
night. After the train started I mw a lady and
gentleman walking up the south . track the
gentleman one or two ties ahead of the lady ; I
was in the second ear; don't know whether they
got out of the car or not.
II. if. Hamilton victim. I am. ticket agent at
Tyrone. Ulalr count v. on Pa. It. It. jn the 29th
February last I sold two tickets from Tyrone to ,
jounsion 11, loruie .-wan wesr. 1 tesaiiy rrom
diiuiiMini 11, iur 1 iu .iiai hi-m. 1 tesiuv 1 run
my recollection-made no memorandum 1 sell
rickets and make a daily .record : the tickets
are all numbered and 1 make a report of the
numbers. I made 11 report of those tickets tn I
H. W. winner. CJcuera I Passenger and Ticket j
K rn 1 n L tiiitt Limt, 1 ni'l'p llutniillotir (tl t lia b
reHtrt ; nothing of record remained in my of
. showing w hat this report was. My atten
tion was called to these t h-ltota heinvsold some
two or three days afterwards. 1 noticed an ac
count of the murder in the new spa pern ; it was
three or four days after they were sold. I re
member of having sold two tickets that day.
Common wealth's counsel propose to ask wit
ness what tickets, if any, he sold to pussengers
tor .Man train west on the29tn of February lust
It so, how many and to what points? Counsel
lor prisoner object tor the reason that tbe re
cord of the whole number of tickets sold, and
of their respective numbers, made by tbe offi
cers of tbe railroad company in the'ordinary
course of their business, is tbe best evidence of
Ibe fact proposed to be proved, and that no
other evidence can be received until tbe ab
sence of tbat record is accounted for. Ob lec
tion overruled and bill of exceptions allowed.
I remember distinctly of selling two tickets to
Johnstown tbat evening. Uelore tbe gentle
man who bought tbe rickets asked for them ho
was In the ladies' room at tbe station. I told
bun the gentlemen's room was nt t he lower end
of the building. I do not recollect disfincTly
tbo party with whom I had trrat conversation.
Tbe tickets are destroyed within three or four
days after their receipt in Philadelphia.
Mr. A nnJmex!tivtrn. I reside in Johnstown;
was on the Mail train west 011 the 29th of Feb
ruary last ; saw a lady get off at Mineral Point ;
I was in the second car; sle had on dark clothes.
Noticed her speaking to a man iu tbe car. She
was apparently about 45 or to years of age.
Have not seen the man since to w bom she spoke
to know.hinv. She was sitting in the third seat
in front of me.
CruxiExam incit.l fix tbe date because we
were moving that day from Sonman to Johns
town ; I looked at the almanac.
John J. Murphy rutn n. l am acquainted with
Michael Moore, the prisoner nt the bar. Mr.
Moore sent for 1110 while he was In the lock-up
at Johnstown. J went to see him, and he gave
me a baggage check of the Pa. K. It. (Check
shown.) This Is the number of the check, .Tins,
aud resembles the one he gave me; it reads,
"PeunsTivania Hailroad-from Tyrone." (Com
monwealth proposed to prove what the prison
er said to MrMurphy while in the lock-up, at
the time he received the check from him, and
concerning It. Prisoner's counsel object, for
the reason that the prisoner was then under ar
rest aud in durance, and any statements he may
then have madu would not be evidence. Ex
ceptions allowed.) Moore asked me if I would
be goitig to Altoona soon that he bad a trunk
there. I told him 1 thought not. but that I could
get some person to attend to it for him. He
handed mo the check then and told me to get
the trunk and keep it for him. Igave tbe check
to Burgess Stiayer.
Crotw-Exar.i ined. I am a merchant In Johns
town. Knew Mich'l Moore before the trouble.
This conversation was in the lock-up. On the
4th of March I got this check; kept It probably
& tiny. - "i
J. S. Strauer nuvirn. Check shown witness.
This is the check Mr. Murphy gave ine. I went
to the station and tho agent sent for a trunK
culled for bv t he check. J t came that night and
was brought to my office. This was the same
day Mr Murphy gave nie tho check. I put the
trunk in my private room ; the agent aud Mr,
James bad brought it over. The next morning
Messrs. ltoberts. Murphy, dels ami McLaughlin,
came to my oltiee and I brought it down and:
i tried all my keys to open ft. Trunk produ cod
J and shown w itness, who identities It bv nrivate
I mark and otherwise. 1 pent tne trunk tllBt
.,,. ... me iimi ro nowara j. Koherf. to have
it put in his safe. A few days afterwards the
-Kismet. Attorney came oown. anrt we went to
the bank, w here we saw it. The next place I
saw it was in the Grand Jury room. The check
has been in my possession since it was given me
iy Mr. Murphy.
Ttum. H. jS tchollg uvrw. Trunk shown wib,
ness- 1 have seen this trunk before saw it at
Johnstown; put mark on strap, "-this trunk
bears cheek av8.'' and put mv initials under
neath. It bore wheh taken off the cars Tyrone
check X0.&V.I8. Took the trunk to Mr. Straj er's
office, assisted by Mr. James. I am in tbe em
ploy of tbe Pa. It. It. Co. as ticket and bap gage
agent. I telegraphed to tbe baggage agent at
Altoona to forward it to me.
H m. H. Ewing trtimrw. I received a dispatch
from the agent at Johnstown, Mr. NicholJs. du-
-O.March nth, directing me to forward trunfe
with Tyrone cheek 1 iet-ived a trnnk off"
the mud train roiug west On the 2nh of Febru
ary bearing that check. J. Able was bnir
gage master on that train. I forwarded it to
Johnstow n on the 5th or March. Tbat check
on the trunk is tbe Corresponding one. and I
believe that is the trunk. 1 kept a memoran
iiU"L,'ia ''eceof ttrHrnge; received it on
the 29th of February from lynme bv mail train
west. t e take the number of the chock of alt
baggaa-e we receive, and in torwardinir we do
the same. In checking bagirtige, we check it to
the place the ticket calls for and giv.- i'-.- rm
sengcr a duplicate check. Tbe rx n n holding
the duplicate check is entitled lo the baggairc
ln my memorandum I recollect ft was a lair'
trunk whteh came and was sent to John-tnwn
1 mean light colored. After hauling- the bng
gage into my office a lady came in, and, laving
her band on the trunk, said it belonged to'hevV
but that she did not want it then. This was ou
the 29th of February. Xo one came between
that ti?an'T tieoth of March to claim the bag
gage, nor ff-us a check presented since I sent It
to Johnstown.
Croxx-Examinrd. l received this trunk per
sonally; put no private mark on it. 1 be tg
gntre master who brought it is not here, t'ltl
egram from agent at Johnstown show n counsel
for pi isoncr.) That is tbe telegram I received.
This trunk was checked to Altoona. It u
marked to 21. The lady came there when ibo
mail tra "11 came up oti the evening of Feb. 2Vtli.
L)id not see .M i. hael Voore then.
Iii-Utect. The mail tuiin wptt stops 15 min
utes at Altoona. 2'i0 is the baggage mark to
Altoona. I marked it to ".). J believe this is
tbe triink. I might be mistaken.
A FT EH NOON SKslON.
F. 3i. lit 77 eu-orii. I am bagniro agent at Tv
rone. On the evening of tbe 29th of FebruHrv
last I checked baggage to Altoona. attaching
check 3.8. I am stating this from entry made
in baggage-book, which I bold in my hand n
assistant has access to this book- Common
wealth s counsel offer baggasro-book, with en
try made on February 29th, 1-S72, in evidence
Kntries read under head "Checked to," the fi'.r.
uresZSO. and under bead 'Checked from," the
figures 2tti. Objected to and ol iections sus
tn?ned. Commonwealth then propose to show
shipment trom Tyrone tn Altoona of trunk
Checked and t heck 3.Vs affixed thereto, the du
plicate of which was given bv prisoner to Mr
Murphy, as testified to. Prisoner s counsel ob
ject, because the book does not show that the
trunk was received at Tyrone and suseouently
received at Altoona. and tbat the delivery of k
cheek by tbe prisoner to Mr. Murphv, after this
vharge was brought a?aint him, docs not show
that that check ever came from a railroad offi
cer. Objections overruled and evidence ad-r?i'te!-
J " Feb. 29th. 1S72. 1 checked bageairo
&vh ink marked en book 2tiO from Tvrone to
Altoona. Ihe number of Altoona asa" railroad
station is 2oo. Also have aii entry of :J5U samn
date and same train. (Witness examines chalk
narks on trunk and identifies tt.cm as havini.-
u-vu wiuoe i i "u.i My cneeks are arranged
from SjUI torfTOO. making two hundred cheeks.
Every strap check has its duplicate. When
c.'V?V-h? K "J1. lno tra' check and duplicate
f etV.r!!rd i3l.t.l";il1!fafe a-s-cnt. The ?th
check of that number. " wi.icii I used a
Crofv-Examined. We are only alio.,
number of check of the same kind. I cneP.no
trunk to a point where the passenger's ticket
calls for, or sometimes to the place tbev direof
me. I am not clear as to whether tbe ticket was
presented In this case.
II, II. HamilUnt recalled. Tbe two tickets I
' sold n the 29t b of February vvci e sold to a gen
tleman. H.J. Rolierts affirmed. I saw a truuk ilki tbfs
one before. Mr. Strayer sent me a trunk. It
was put in tbe First National Hank of Johns
town. Sheriff ltonackergnt it. I saw the trunk
opened ; it was opened by fuy key nt, Uurges.s
ttrsiyei's house. Johnstown, The Uurgess, 3.
J. Murphy, D. McLaughlin, Jobn'Geis, and srtim
of Mr. Stn.-,r' family, were present. The
trunk was iu the lar."k from the time it whs
brought there until taken away by the Sheriff.
"rowi- Exam itied. I do not say t bis is tbe trim k .
Am not certain that I was rreseut when trunic
was left at tbe bank. I was not present when
t wan taken out. 'fro clerks are employed at
the bunk and a watchman at night. X did not.
unlock the trunk. I had the key wulcb on
locked the trunk; it is a common key. Th3
prisoner was not present. 1 gave some articles
to Chief of Police Harris ou a telegram from
the District Attorney.
J. S. Strater reraiu'd. This is the trunk wbicll
was opened as spoken ot by Mr. ltoberts.
W. It. Honarkor 1 realltd.Tha trunk is tn mv
possession now. I received it rrom Mr. Koti
crts; got it some time ago; took it from the
bank. Mr. Uolerts gave me possession of the
trunk, but do not remember whether I took it
away at once or not.
i'tuxs-Eramined. I foot tbe trnnV on ti
j . , . . . ... .: . . , : . . ,
tn? Vtul?u
ensburg. I did not open the truuk. I know
what is in it. Was present when Mr. Sechler
opened the trunk, shortly after I brought ir up.
The prisoner was in jail at the time 1 brought
it up. Don't know who tho bag-rage-master
whs when I brought Ihe trunk. It " has been
locked up in a room part of the time since.
Commonwealth-proposes next to open the
trunk and show contents to witnesses who were
present at the time it was opened in Mr Stray
er's house. Objected to for the reason that tho
trunk is not identified by Mr. Huberts as the
Oee placed in his p.ssession at the First S,
I tiona! 15.;nk of Johnstown that other pirtiesj,
- whiie the trui k was being shipped around.
coma have nad access to it that ueither Mr.
hoherts nor Burgess S rayer were present at
the delivery to the agent o! the tmuk.or prts.
cnt at the lime it was taken awy ih.-a the
trunk in its transit from Johnstown to' Ebens
b.ug was io the possession and cu-tody of per.
sons uot here as witnesses on ibis trial .-ib.1
that wh.le it was in possession of fhe Sheriff It
was not always kept secluded from other par
ties, aud atthoifgh the Commonwealth miy be
al'owed to open the trunk, its contents are not
evidence connecting Michael Moore with this
crime (Court admits ihe evidence so far
admitted iu the offer. Trut.k opened and cans
tents examined by Messrs. Stiayer, Murpby
and Roberts. )
J. S. Stratfr recalled. The contents of
the trunk are the same as when I examined it
tbe morning a:ttr receiving it from Mr. Nich
oils. Cross-Examined. T placed a mark on one
r.rticle: I mai ked a photogrtph. 1 think the
other articUs are the earao from their general
appearance. .
II. J. P.cberts recalled I believe tficsa
articles are the same as thso I rx imined at
'Squire Strayer's office. I am satisfied they
are.
Cross-Examined. On the District Attor
ney's telegram I sent all the photographs anil
cards in the trunk, sealed u;, to Won. H.
Sechler. . ,
J. T. IIabis sworn I received a package
from Mr: Roberts and carried ihem to Crtssori,
where I delivered them to Mr Setblcr.
Wit. 11. SrcBLER fcworn A pacBage was
deliver d to me by Mr. Harris : the content-
I returned to the trunk. .
Cross-Examiuation. There wrt's some three)
or four photopraphs, letters and cards : one
photograph w as of a lady and three of boys,
I had examined the trui.k at the Johns owu
bank some three or four days after the com
mittal of the prisoner.
Mti. Sallie GvrtEt. sworn. I fi fa
Osceola, Clearfield county. 1 snw the rrioner
before, lie stayed at my bouse some five or
a.x weeks, lie came the last ot January and
left the last of Febiury. A lady was with
Lim when he was t my. house. I keep a
private bouse. This ltdy beingFieucti audi
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