f if r.:i I i. :i li i;: ii C ' jr,.. peaking English with difficulty, was allow ed an interpreter. Alphoose Vxcbon sworn e interpreter The prisouer went to work at Schojlkiil. Tbe womta raid her name was More. Tbe priaouer raid she waa bis wifo. They bml a big trunk with them ; I aaw tbe trunk and what waa in it. Thin trunk look like the one. Cross .Examined. 1 bare known thia In terpreter for a couple of days; I am French and he is French. Thia trunk looks like the waa at my house. The man who stayed at my house brought the trunk. The pris oner was the man. He came last January ; don't know what date. 1 have not seen him since be left my house, lie called himself Michael Moonty, but his wife told me his name wan Michael Moore. I keep an eating bouse. The man who brought tbe trunk took it away. 1 did not mark the trunk. " lte-direct. Contents of trunk examined by witness, who recognizee a delaine dress ruffled in the waist, Ibe riffle having been made. in her houae ; a coffee-pot in which she boiled medicine while there; a black silk everskirt; a wrapper; a bed quilt, some of tbe patches of wbicb had been got from wit ness; a white worked skirt, gingham sun bonnet, small piece of green calico, a figured calico skirt, large pair of shears, a photo graph of Mrs. Moore, pictures of two beys. four or five white chemises, a night gown, a black calico every day dress, a small apron worn every day, a piece of baggicg worn aa an apren when she was washing dishes, a pair of small scissors, a plain white skirt, a white worked bib worn first day she came. J Cross-Examined I did not pack these clothes in the truuk ; she showed them to me; put no private mark on them; saw them be fur e at my bouse ; did not see them since. AH these clothes were hanging np in their room ; did not see her put them in the truuk. Ibis is tbe ssme man wh boarded with me ; have net seo the woman since she waa at my house. She was dressed in black alpaca dress, straw hat with blue veil upen it, and a large black blanket ahawl. They left my house in the morning about 7 or 8 o'clock. Re-direct. She was along the first time thia man came. She never said her name was Moore in bis presence. They occupied the same room. He called her his wife. Caooot remember the day they left ; bo went a little while before her with the trunk. She wore false teeth ; she waa 40 or 45 years rf age ; she wore spectacles; when she started from my house she bad a white woolen scarf on her neck. I saw her teeth they were on a red base. (Teeth shown witness ) These look like them. (Spectacles, one glass being oat, shown witness.) She had spectacles like those, and every time she went to put them on one of th glasses would fall out. This piece of white cerf is exactly like the one she wore when she left my house ; this hair pin is the same as three or four she gave me before she st vied. Ber hair was gray, or black aod white mixed ; thia look like her hair. She dressed her hair with a little comb like the one shown. She were gaiters with gum shoes over thorn when she left my place ; the gum shoes Lad a little strap across the top and were cearlj new. She had money iu ber.poksessioo more than J 100 when she came, but I can't tell how much. I saw tie trunk in tbe jury room since 1 came. It saw it yetterday in the Court room. CrossFxamined. The man wbo waa at my house did not work in Osceola at all. He said he was goig to Schuylkill. He started from my houe. I saw her money ; know from the $20. $10 and $5 billa that she had more than $100. They paid their billa when they left. She told me she came from Philadelphia ; don t know whether he was present ur. ' -" " aw old she These were the only false teeth j saw wim any person. fComnaouwealth next propDses to ask wit ness what tbe conduct of thia man was to ward his wife while at the houseof witness Objected to that the inquiry as to a fact prior to the ttme of the kilting does not as tablirh tnat these parties who were at his hou-46 were the prisoner and the deceased woman ; nor could the witness x a atandard of the kind of treatment by husband to wife or wile to butbind.l Evidence not allowed to be admitted under toe offer. Check received from prisoner by Mr. Murphy, number 8558. offered in evidence Objected to for the' reason that it was extort 1 nnd extracted from her under duress and that it is not the check testified to by tbe oapgtge master at A I lean a from his record. it Deing 8358 and not 3658. J Check admitted in evidence. Joaehim Goepil sworn. I reside at Osce oli ; saw defendant at my house in the lat ter part of January last. He waa at my noun between o and 6 weeks; a lady he caiie.1 hi wife was with him, and Mr. Moore warned t rent a room from me. He asked my charge. I told him $5 a urnith in ad vance I furnished him with bed, table and whatever be neede 1 in room ; he brought bis wife. They boarded themselves and cooked n my stove. He told me he could not stay, as ha roust go back to his work in Schuylkill county, to where he was at work and get his tools He stopped two or three days and left on Monday iijnrniog; came back in about two weeks ; did not bring his tools, as he said. Stayed a few days aud went back again. He would go and come; the last time he came on the 25th of February, he Maid he would take his wife back again ; went to my wuik on Monday and came back on Saturday night following. He was gone. Did not see him since till I came to thia place. The woman had gone also. They had a trunk with them when they came. I saw me cuisine oi it, me same as l do n w, bur never put my hand on it. The woman had i-r u sick iu bvd for over a week before she left. He went towards Tyrone when he woliiil go away. Cros examined He told meat first Lis name waa Michael ll-oney. I did not see him since the 25th of Feb.. until I came here this week. Ue boarded at another place be fore he came to my place. I would know Michael Moore by his appearance just as well aa if Le was my father. I have not seen that woman since. r tie itevjirecr. ine party board mg nub me wore pretty long hair and hie bsa'd waa the aame aa it is now. I left my home en Mon day, 26ih rebruary. Patrick Dunn sworn. I reaide at Osceola Millt.. Clem fi.rid c.iinty. I resided therein February mi ; saw a man there at that time who cailed h;iiKe!f M'thael Moore. The privooor is the s.ime man. I had not much convention ih him at that lime. When 1 first st him he cume into my grocery store aod at-ked rue if I knew him. I said not. He aald he knew me abont 15 years ago on the Allegheny Portage Railroad. Told him ha might nave known me. but I bad forgot ten him. Asked me if I knew any parties round there from Johnstown. I answered yea. He asked me If their namea was Quit n. Told him yes. and where they worked, lie aid he followed mining. Asked me todirect him where get a house to lent. I did" not know of any A few days after ha told me he had 2-M rootn. and ha bought some gro ceries 'Otn rue. He sard he bud hi wife, with him I saw him last in 0ceola, iu February Wt. Cross Examined. Can't say when I aaw biro tlitr.- fi't, u.r fb lest time I saw him. Wm ft. Dancer sworn I reside in Osce ola. I know Michael Moore. In January last he came to my hotel and asked me if I knew where he could rent a room'; told him I did not. He then asked privilege for him se'.f and wife to stay until he could find a room, and I said they might. He said be would go over to the depot then and fetch bia wife, which he did io about balf an hour afterward. They stopped with me twe days aod then left. The lady paid the bill. She waa a tall old lady and wore a black dress and black straw hat ; ahe wore spectacles ; would take her to have been about 60 years old. I noticed the woman appeared to have a good deal of money. While turning over the billa to pay me I saw she had about $140. Croat' Examined. la tbe cell in tbe jail since I came here I last saw Michael Moore since that time. I recognized him at the first glance. He looks a little stouter than when I saw him before ; I believe the hairs in bia bead are grayer ; his moustache is longer his beard shorter. Don't know bia brother Tom. When I get even slightly ac quainted with a man I do not forget bia countenance. Counsel for Common wealth ask for a forth with eubpceoa on Thomas Moore. Allowed by tbe Court, but counsel cautioned that case will not be delayed for hw failure to ap pear. Court adjourned until 8 o'clock Saturday morning. SAT U RDAY's"" PROCEEDINGS. rotlKOON aiMION. Court commenced at the usual hour, when the Commonwealth proposed to offer in evi dence the trunk and contents aa far aa iden tined by w it nessess called. Proposition, with exceptions taken therete by prisoner's coun sel, submitted iu writing. Offer admitted. Mrs. Go'pul recalled. Witness selects from tbe truuk the articles which she had identified on her previous examination.) Rev. P. M. Garvey sworn. My profession is that of a Caiboiic prieat pastor of St. Johu Gualbert's church, Johnstown. J keep a registry of marriages solemnized in the church it is the practice. 1 have that reg. istry with Die. I have the record of mar riages solemnized iu October, 1803. kept by the pastor of tbe church, or bis assistant. Rev. T. Mullen, present Budiop of Erie, was pastor in 1853. 1 am acquainted with his hand-writing. I have been pastor of the church since July 10, 1660; the book has been in my possession ever since. Rev. T. Mullen now resides in Erie. Pa. The record shows that witnevsea were present at that ceremony. 1 nave seen iter, juuiiea nave received letters from him. f Common wealth offer to prove by thia witness, by the parish registry in the handwriting of Kev. T. Mul len, the solemnization of a marriage between prisoner and a woman in Oct., 6.. 1853. Objected to for tbe teason that aa Rev. Mul len resides within the State, ana the juris diction of this court, secondary evidence cannot be received. Objections sustained Mrs. Tully stcorn. 1 have known Mich'l Moore fot about 22 years; recognize the pris oner as Moore; know of him living with a woman as bis wife near Summerhul station, three-fourths of a mile from me; was in his house the Saturday night before ahe left bins. They were living together cot quite tw years. She to!d me ahe waa going to Phila delphia ; the maiden name ef tbe womac waa Anna Boyle. Commonwealth bow proposes to show witness photograph of wo man found in trunk, to see if ahe can Identi fy it Mrs. Moore. J To questions by prisoner's Counsel.-It is 15 or If yeara since 1 saw the woman last. Did not see them married. Testimony of Commonwealth objected to because the wit uses doea not know that the prisoner waa married to Anna Boyle. J She did not take oi i,boU.'eiai.fe. a Ue pres ent at the time it waa dene. Common wealth don't propose to prove that tue party spoken of by wiineM was the party at Osceola, nor is it proposed to prove that the dead body found by the Coroner in this county was the body of the lady speken t as having been at Osceola that not being an artist, the question put aka an opinion from one who ttaa not even the knowledge necegrry to draw an inference; but if she had the know ledge, it would be an opiuion, not a fact, aud therefore not evidence. Court decides tbe evidence competent and admits the offer. 1 tie direct. (fnelograph shown.) This is the picture ol the lady at Summerhiil I saw with Michael Moore and whom he called his wife. Oross Examined. Can't sav whether the diesa on the womwi iu the picture is the same as when I eaw her last. She wre no ear-rings then, but her hair was dressed the same ; one side of her eye was a little disfig ured by the drawing of an eye-teoth ; there is no diefiguration tn the eye in the photo graph as far as I see ; her eyes were dark ; her uair dark brown ; she was something over 6 feetliigh, slim aod tall. Did not see the dead body. It was on a Saturday even ing when last I saw him ; ahe left on Suuday. I ws at church on Sunday and so waa Moore. Daniel Pringle stcorn. I have kuown Michael Moore 20 yeara or more; when I first knew him be lesided in Croyle town ship, now Summerbill. He waa not married when I first knew bim. I have no personal knowledge about tbeir being married except by hearsay. Lived 1 j miles from them. He kept house. I blieve they were married, because I aaw them at the bouse when pass ing on the railroad. He lived there abeut two years ; llie maiden name of tbe woman waa Annie E. Boyie ; ahe came to live with my laiber in 1843 ; she lived with him 4 or 5 yeara. I lived about 4 rods from my father's house ; saw her there every day. After my father's death ahe lived in mv house, can't say how long ; after that she lived at dinerent places in the neighborhood II ad a conversation with Michael Moore since ebe left with regard to the woman; this was 5 or 6 years ago. He asked me if I knew where Auuie waa; told him I did not. lo question by Pr teener's counsel I saw her lat about 14 or 15 yeara ago. I saw the photograph which waa taken ont of the trunk at tbe bank in Johnstown ; Did not see tbe dead body. Am not a photographer; don't know by whom that photograph waa ibsd. fie direct (Photograph shown witness) iuib ia iua iihupm oi wnat i nrsl knew to be Annie K. Boyle; known afterwards as Annie Moore. Crott-Examined That, as appears in the picture, ia the way she always wore her hair ; never saw her with thoae ear rings ahe didn't wear any. She did not wear false teeth then, but her teeth were very bad. John Tully noorn. Enow Michael Moore about 22 or 23 yeara; tbe prisoner ia the man. He was single when I first knew him; lived with his mother and family. He get a house afterwards and got married ; be waa married to Annie Boyle. She left him some time after that on a Sunday ; the next day be came to my house and told me that she had left bia. Mrs. Mary Davis sworn. reside in Pittsburgh. I know Michael Moore knew him firrt some 18 or 20 years ago. He waa then living about half a mile from what waa kuown as the Half-way house, with bis moth er, two brothers and one sister ; they moved down towards the Viaduct. Afterward he Jjja keepiug company with my sister. Annie E. Boyle. I waa never at the house after Moore anl hr r,.a.iml . c. . the door and in the garden, bnt never spoke to ber afterward. Tha knn . I - WW WW W BBSS Vs irv Michael Moore's. It ia from 16 to 18 yeara since 1 saw my sister ; did not see thia body. She might have been an inch or two shorter than me. I am in my 50th year; a brother ia two years ytuuger and she waa about two yeara younger man mm. rootograpo shown witness.). 1 net la my Mater's picture. 1 am 6 feet 7 inches high ; she was abont 1 J inches smaller. Cross examined. Thia picture looks older than when I saw her last; think 1 could not be mistaken in her picture. It was talked of at the time she disappeared that he bad killed her. Samuel Pringle sworn. Enow Michael Moore ; the prisoner is the man. (Tbe test timony of this witness waa not material.) Robert ilcFttridge suwrn. I reside at 402 Dean street, Philadelphia. 1 saw the pris oner. Michael Moore, in my father's house in Philadelphia. When I came in he was standing in the house ; L Zzie Stevenson was in the room ; she waa our housekeeper ; she bad been living In our family aa such for about 11 yeare ; she left father's about tbe 24th tf January ; can't tell the year ; the left tbe day the prisoner was at the house ; have not seen her since ; she bad hsr own room. (Photograph shown.) This is the likeness of tbe woman I knew aa Elizabeth Stevenson. Mrs. Gupiel was here re called to select two photographs of boys which had been shown to her by Mrs. Moore at Osceola. She said they were her friends in Philadelphia. These are the two she showed me. (On cross-examination she stated she had put no private mark os them, but they looked like the same. She ahowed them to her last January.) Examination of McFetridge returned. (Two photographs shown to witness, wbo states they are the pictures of bis youngest brother. William, aod a boy who goes with him.) I know that William gave it to Liz zie Stevenson. Cross examined. Tbe man I saw at my father's bouse waa partly gray haired ; bad side whiskers and moustache of a reddish color. He had boots on. I can tell the man by a mark on his cheek ; it was about half past 7 on the morning of the 24th of Jan nary, on a Wednesday. When I came home that evening the house waa locked up; did ont see that man since until I saw him in the prison on Monday last. Redirect. There were others present at the prison when I went to tbe jail with the District Attorney. No one pointed bin ont to me; I knew bim. It was last winter I saw this man. Geo McFstridgt svorn. I reside at 402 Dean street, Phila. There arc five members of our family six with my father. Eliza beth Stevenson was oar bookkeeper last winter ; she lived with us about 11 yeara. I was in the army when she came ; she left our house on the 24th of January, 1871 ; I saw her at breakfast time, abe waa gone when I returned in the evening. (Photograph aud frame identified ) Ills Elizabeth Steven, on'a likeness. (Delaine dreea testified to by Mrs. Gupiel identified by witness also.) I would suppose Lizzie was a boat 45 or 60 years of age ; she wore artificial teeth. Saw her. wear a email scarf. Thee spectacles (shown) look like the ones she wore ; have seen the glass out. (Witness further stated that the piece of scarf testified to, as having been picked up near the place of finding the body looked like one which seme member of Lis family bad given to her.) Cwurt adjourned until 2 o'clock p. n. 8ATUSDAT AFTBBNOOK. Testimony of George McFetridge resumed. Cross- Examined. My father is not here. Our f-mily did not reside eleven years at tbe place I speak of. I am a steam fitter by trade. My father is about 64 or 65. Mrs. Sarah Carr sworn. I reside at S38 Borden street, Philadelphia; knew a woman there named Lizzie Stevenson for about 11 years. When I first knew ber ahe waa cook ing at 17th and Vernon streets; next at Mr. Mi-Fetridge'a house. I last saw her on the 23d of January last, at my bouse. ( Photo graph examined and identified.) I dressed her hair for ber in the gallery at the time the picture was taken. The delaine dress found in tbe trunk waa tbe one ahe wore at the time. (Witness describes jewelry worn by woman at time photograph was taken, and also stated that a chain attached to a watch belonging to husband of witnese was worn by Lizzie Stevenson at that time ) She gave me one of the pictures. (Fac-simile t.f prjotograpsi produced by tbe witness.) She looked a little cross-eyed when X first knew her, but looked a great deal better when I last saw her. I saw that trunk at my house it belonged to me then ; I sold it to Eliza beth Stevenson two yeara ago. Tbe aiik overskirt (found in trunk) she wore over her dress when the likeness waa taken. The photographs wsre taken late last fall. (A chain, breast-pin and ear-drops found in the trunk shewn witness, wbo recognizes them as the one worn by Lizzie Stevenson wheu photograph was taksn.) Commonwealth wflsrs these articlee in evidence, which is ob jected to by priaooar'a counsel. They are admitted by Court. Sarah Carr photograph also placed in evidence. Mrs. Elizabeth Franks svorn. I lire at 1114 Ohio St., Philadelphia. (Photograph shown ) I knew thie woman as Mrs. Ann Moore ; I did aot know her as L'zzie Stevea son. I saw her at my house ; I wrote two letters foT her : directed them to Michael Moore, io care of Father Garvey, Johnstown, Pa. ; tbe first one was written in October Isst the second one the week before Christmas. George McFetridge rt called. A till of a trunk waa found in a roam in the third story of our house after Lizzie left ; it belonged to Der trunk aud waa brought here by me. Wm. McFetridge sworn. I aaw prisoner at my father's house once ; Lizzie Stevenson and I were present ; I sat for a Quarter of an hour looking at him ; he was not talking to any one while I was in. ( Photograph abown and recognized ) L'zzie Stevenson waa car rying a barrel one day. when she fell and broke part of her false teeth ; thia was three weeks before she went away. (Piece of scarf shown. J I hat is part or a fireman 'a scarf; my brother Jim gave her tbe scarf. Cross examined. On the 24th of January, 1872. at 3 o'clock, that man, tbe priaoner went away carrying a traveling bag and abe went with him ; all that was said, ahe told him to go on and he started towards Lom bard street; she waa dressed in black, as if ahe waa going to go out. She handed me the key of the house and said she would bo back tbe next evening. I was working in a grocery on Pino slieet and bad gone boms for a basket at 8 o'clock and found that man there. He wore a long beard. Joseph Yorkstone sworn. (Photograph shown witness. Recognize it as th likeness of Lizzie Stevenson. Witness identifies the spectacles fonnd at the locality where body waa discovered as belonging to Lizzie Steven son by a pecu'iarity ia the rivet ; identifies teeth by statirg that one of tbe teeth of up per set waa broken ont and afterwards anoth er one put in ; atatea that he knows that rivet in spectacles, because ho pnt it in.) Cross examined. I reside in Philadelphia am a tin-amitb. I got to know her by going into McFetridge'a family to see one of the sons. I fixed the rivet laet summer. M. P. Meagher sworn. I saw the oris- oner at Osceola on tho 26tb of last January; spoke to him there. 8. M. Aults sworn. 1 reside ia Tyrone and keep hotel: aaw prisoner oa the evening of the 28th of February, 1872. himself and a lady stopped at my place: be called her bia wife. Be asked to stay all night: offered him the pen to register his name: told me to write it Michael Moore; wrote his uasoe in my book: asked him his reidec--he aaisl Philadelphia: said bia wife waa delicate abd. tho doctors to that citv alvised him to come to tho country, it might make a change in bia wiie'a health. His wife had a block dress on. Ia the morn ing he paid his bill, went into tho parlor, and shortly after came out of tbe door and started up street. He ate his supper, but bis wife, he said, was unwell aod could not eat. Her break fast was taken to her room next momii.g. Cross-examined. I have a leaf from my registry; the entry m-tde"Mr Moore and wife roomed in No. 7." Tbe date of heading was fixed by my son. He had a brown overcoat on at that time. His berd wasso'newhal Ion ger than it is now; be bad no moustache. (Leaf or Hotel Kigisier ollered in evidence.) Wat. H. Tcswg sworn. Reside in Tyrone. Saw the prisoner oa the night of the 2tb and morning of the 23 lb of February. Saw a lady go away with him that mori'ing. Cross Examined. I noticed him particularly for the re.tBon that as I was leaving the table Miss Aultx told me that a bottle of whisky had fallen out of his pocket, and I heard him ask ing how far it was to Johnstown. Saw him next morning carrying a waiter up stair with proviaioua (Orercoat showu ) The coat was similar in color to that one. T. U LicBTwia ewoin. 1 reside in Tyrone and kerp a bote'. Saw prisoner at my place on the 29th of February. He came about half past 12 and stayed until 5 o'clock. A lady wss with him. He told me he had come from Os ceola, and asked me what time the traiu went west told him 25 minutes past 6 o'clock. Tbe lady was tall, slim aud delicate looking. Saaaa C. ScLraiDoa sworn Was living in February last at Thos. Ligbtner's, in Tyrone. Remember of seeing prisoner there. Didn't know his name until ahe told me he was her husband and that she was Mrs. Mich'l Moore. She was drevsed in black, wore a black atraw bat with a blue veil on it, and had on a black shawl and gum overshoes over ber shoes. She ssked Mr. Moore where their trunk was, and be said he bad got it checked for Broad Top city. They left the house about 5 o'clock , say ing they wanted to make the traia. (Photo graph uaowo to witness ) That la the picture vf the woman, Mrs. Moore. I know of him getting medicine there for her. I said. "You ain't going to let your woman take that." He answered, "She's gut to take that or she'll take worse." J.S. STSATia recalled (Envelope with let ter directed to Mr. Aon Moore, 4(2 Dean St., Pliilaee'phia. which witoees identified as baviug been io trunk, was ffred in evidence. Ex cluded for the present.) Court adjourned nutil Monday, June lClh, until 2 o'clock, p. m. MONDAY'S PROCEEDINGS. arrcaaooM session. Court convened a't 2 o'clock, p. m , as per ailjoarnment, when the general panel of jurora for aecoud Week of term was called. Causes set down for trial this week were continued by general cos sent of tbe Bsr, and jurors were discharged. At 3:15 the case of the Common wealth vs. Michael Moore was resumed. Rev. P. M. Gakvey recalled. I received one or perhaps two letters addressed in my care for Michael Moore, and delivered them to him. I read one of them to bim. They were signed Annie Moore, or Annie E. Moore, and were dated l'hiladelplia. Tbe letter I read te Mi chael Moore was addressed inside, 'My Dear Husband." I wrote no letters for him by bis ibstructions. One of these letters I received late last fall or early in the winter, but none afterwards. When 1 read the letter to bim he denied ehe waa his wife; afterwards he acknowl edged ahe was the person to whom he bad been married several years before. Cross-examined. He said when I read it to bina that the woman was dead long years before. In chief. The firt-t time be a id that she was not tbe person at all that she was dead, and this was the work of some of his enemiee. H.J. Robsbts (re called and envelope shown him ) I base seen that envelope or one like it; saw another one and noticed a discrepancy in the number; one wss Anne Moore, 4U9 Dean street, the other 401)9 Deau street.) J. S. Sraavsa (also re called.) The enve lope contaiuing letter was taken out of tbe trunk at the time it waa opened in Johnstown; have no private mark on it.) Examination of Rev. P. M. Gabvkt re sunied. 1 believe tbe address on that letter to be in my handwriting; I mailed it myself over one year ago. Envelope offered in evidence. Ol jected to, because it purports to be a rorres pondence between the witness on the etand and a lady in Philadelphia with which the prisoner at the bar had uo connection that the identity of the letter being the one taken out of the trunk is not aufliciently shown to have been the one written or mailed by the witnesa. Ob jection overruled and envelope admitted in evi dence. J I had no conversation in December or January with tbe priaoner in regard to his wife. William Fltn sworn. Reaide at Portage; am acquainted with Michael lloore. I wrote a letter lor bim last winter addressed to Mrs. Ann Moore No.4uU2 Dean atreet, Philadel phia. He told me to sign it "Michael Moore." Counsel lor Commonwealth propose lo show witness for ider tificstion the letter referred to found in the house at Dean atreet after the woman known as Lizzie Stevenson had left. and to offer said letter In evidence. Objected to in writing by prisoner's counsel. Evidence acmitted.J (.Letter shown witness.) I wrote this letter for Michael Moore. trcx copt. Porta-e Jan 8 1ST2 Dear wife I Just KecH'vd your letter of Nov 23 I Have been away from Johnntown for a month and not Exnectinar anv letter did ant :!! I rr ft-lad you landed safe and well and would be iaa io see you aa ror myseir f am well and working- every day in the coal mines at No 3. if Toawtnt me there rou must aenri ma mnnov es i cant get it now when you write direct your iciurra (jimju eu i raa uiaie it out Detter, 1 want money very bad myself at the present time WIJIO 9WU your Husband MIchiel Moor The letter is endorsed on the next page: Direct to Michiel Moor, Portage P. O. Cam bria county Pa Wm. McFktbidox recalled I found that letter at home under the stove, the day after Lizzie Stevenson went away. The envelope waa ragged and I tore it up: gave it to my brother when be came in. She waa the onlv woman in our bouse. Geo. McFtTBinos recalled. (Identifies let ter by having put his name on it when the Disk trict Aforoey called at their house. Letter offered in evidence and admitted.) Dr. JsrrrasAN Lira sworn. In January and February last lived at Osceola; am a physi cian. I saw the prisoner there about the last of February. He came to my house and asked me to call to see his wife; went with him to Mr. Ooupil's house and wrote a prescription to the drug store for tbe patient. Mrs. Moore paid me for my visit and gave Michael Moore money to go to tbe drug store and get tbe pre acription filled. He started along with me and on the way down be atated that ibis womsn had broke him up; that she was always sick snd he never bad anypleasure with her, and asked me to either kill or cure her. Walked as far aa my office and he wanted me to go aad take a drink with him; declined, and, going into my office , be also walked in. Asked me if I could cure this womsn don't remember my answer He said it I couldn't cure her to put ber out of the road that I could do it and be'd make it all right with mo. Paid no attention to this, as 1 thought it waa aaid because ho wss under tho influence of liquor. He then left. I think sbe told mo ber age waa 45 or 46. (Photo graph shown witness.) Thst is a photograph of tho woman I attended. Tho woman was somewhat hysterical aed generally debilitated He atated to mo that he had boys who sent bim money. . Cross-examined. Did not see him since until I mot him in tho jail. Tho lady waa in bed when I aaw her. Rev. P. M. G abvbv recalled. 1 keep a reg istry Of marriage. (Regittry produced.) I performed the marrieg on tne.ist or r curuw j. lSs. between Michael Moore, of the parish of Ar)ea,Queens county. Ireland, and Bridget Con nor, pariah of Portarlinjr ton. Kinge coun tyJlre land. iHneeeee-James Ftneg-an and Maria C. Lyneii. The entry is Iu my handwiitiusrs Tho prieooer ie the person I married. They have Since lived together as husband and wire, baw tbe woman to whom I married him in March last. They bad one child by this marriage. I eaw him at hie house last fall ; we had a con versation about bia wire who was sUll living. He admitted bavins; discovered she was still alive, but had thought ahe was dead. Court adjourned at o'clock. ; TUESDAY'S PROCEEDINGS. fOBKNOON SESSION. Testimony of Rev. P. M. Garvt resumed'. At the time I last conversed with him be ac knowledged he had been to Philadelphia to see his wile. My correspondence applied to letters received and I wrote but one. 1 performed my plain duty by telling him that this last woman was not his wife and that tbey must separate. I believe they did. Bridget Connell was pres ent at this conversation. Orog&-Examined. This conversation was In my room ; they both said they were members of my Church. I did not send for them they came on other business. I told them if they did not separate they would not receive tbe rites of tbe Church. This was after he had been to Philadelphia. Wbeu I showed him the letter he protested that the womau Annie B. Moore had been. dead many years, and'that this was got up on him. Tbe first tetter I received was an inquiry as to whether the Moore's lived in that neltrbborbood ; toe second asked for a copy of the inarringe certihciite referred to. The letters purported to be from Annie E. Moore. I had no personal acquaintauce with a woman of that name. Dr. S. M. itron retailed. The cord around the woman's neck was about the middle of it : my opinion ia that death wus cuueed by elraug-ula-lation. (.W-osa-Examiiied. First saw the body at office of 'Squire Strayer, in Johnstown, on the 2d of March; the tongue protruded when I saw it. llr.J. L.Uz was also called to testify, as an expert, to evidences of strangulation. hi. H Vutinarr recalled. I saw the Harrisburg Accommodation pass east on the 1st of March last; did not see any one get off that traiu at Mineral Point station. J. C. Riffle suYw-n. I have known the prisoner for about four years. In November Inst be came to my house and asked me to take Father tiarvey to hia house at Mineral i'oint to see his wife, who waa sick. When we rot there Mr. Moore and I remained outside, and In conver sation he said to ine that a letter bad come to his neighborhood statinir that hia wife was still living- and that he would have to leave the wo man he waa living- with. About eisrht day af terwards he came down again aud told me that he was going away he couldn't stay any long er; that be bad (rone to Philadelphia and foiug to a number to which be was directed a lady came to the door and told him he couldn't see tbe woman he asked for Mrs. Moore. John M. SkeUy truyirn.l know Mich'l Moore: saw him on the 3d of last March. He was shaved ciean anu inmmea. Vrtm-iuxaminetl. Baw him at Wilmoreeliureh bad not seen him at church fur several yeare before. He was in my pew ; whispered to him and asked if anything had been found out in rea-ard to that murder. He said a n.an had hen seen who bad come out of the fire-clay bank with the back of bis coat muddied. SaraA C. Sclfridyt recalled. 1 made a mistake In my statement about the day of the mouth; it was ine seem or svio or r eoruary j meant. 1). ". Kamtey strom. I know the prisoner. I saw bim on the Mail train iroinir east on tbe22d of January; last saw him on the train at Mc- Uai vey s station, east or Altoona; I got off there J. 1. Harrut i ecalled. (Overcoat shown.) I saw that coat on Michael Moore's back ; got it in tbe house of James Uaa-an the nivht be was arrested ; got it again iq April at bis bouse on Prospectillill, where bis fauiilytia now living- tbe Bridget Connell family. CruM-hjcaminal.l believe this to be the same ennt because it looks like the one. Hagan'a uouse is m me xooi oi rune ro. A. In chief. (Boots shown.) I took those boots off of Mr, Moore's feet at the jail in Ebensburg ana gave tneui io me uibirici Aiiorney. l ar rented the prisoner at the Foot of No. 3, on Sun day eveniug-, Mn-n Sd, at Jas. Hagan s bouse, This houfce is 12 or 14 miles east of Mineral Point. I took the prisoner to Johnstown and before the coroner. Vr-lLxaniiiiefU IIe told mo he was working at No. 3 and boarding at Hagan'a. Didn't ask me what he was arrested for until about threw hundred yards from tbe house, when be asked me and I told him. He then said, "Is that so? Well, I m not guilty. I'm not ashamed of any ming l t uuuq auu mm mil airsiu io meet 11. Boots and coat offered in evidence. Object ed to. Articles admitted in evidence. Tray of trunk IdentiUed by Mrs. Carr and aviso admit ted in evidence. Commonwealth rests. OPEIf IMO Or CASK FOR TBI PRIS05ER. At VJi o'clock. John P. Linton, Esq.. opened tbe case for the accused. He briefly adverted to a portion of the testimony which had been adduced by the Commonwealth and proposed to show that iu some particulars at least the witnesses were mistaken. Tbe prisoner bad bad no preliminary hearing : he was incarcer ated in Jail and bad no opportunity of hunting witnesses to disprove the suspicion thrown up on bim. He stands here alone, without friends to assist bim, without money to aid bim, and is compelled to go to trial unprepared to meet and answer the charge preferred against him. The prisoner's counsel hoped, however, to break the connecting- links in tbe chain of evidence thrown around him by the Com mou wealth and that such a reasonable doubt of his complicity In this crime would be raised in the minds of the Jury as to work hia acquittal. testimony iorthi Dirivsi. Dr. J. S. Wakefield ntvni. I reside in Johns town ; I am a dentist by profession. (Teeth shown.) I saw those teeth before got them from Mr. Harrold ; received several articles tied up in a handkerchief. (Articlee shown and recognized.) These were left with me about 30 hours. Crom-Examined. I recognize the teeth be cause they were revulcanized to repair a break in the lower set. I returned thorn in precisely the same condition they were received by me. John D. Thitmaa wrii. I reside in Kbensburg am a boot and shoe dealer. Tbe average size of a stogy boot is No. 8. A No. 6 boot will mea sure about 10 inches ; a No. 9, 11 inches, and a No. 10, li inches. (At this juncture. Court adjourned until 2 o'clock, to give prisoner's counsel an opportu nity to prepare tbeir evidence and defense.) AFTERSf OOJf PBStOJ. Court convened at tho usual hour, when tes timony for the defense was resumed. Geo. IF. inum mourn. I am a boot and shoe maker, and reside in Ebensburg-. A laboring man would wear a No. 8 or 9 stogy boot, mea suring from II to 12 inches. Crosf-xamind. A wet boot in drying- would shrink up some, but would expand if it got wet ag-ain. In chief. An ordinary No. 8 InsIJe would measure about two sizes larger outside; in inch es it would be about 11X inches. A 5 or 6 in side measure would be on tbe outside 9 inches, or thereabouts. A No. 8 boot, ordinarily speaking-, would be 10 H inches in length. J. Z. Thnma recalled. I measured the prison er's foot; it measures5i In length. This would make his toot 10 inches long-. Cross-Examined. If I was making- the prison er a pair of boots I would make No. 8's. They would be 10's and would measure from 11 to 11X inches ia length. These are old boots. Inchief. I measured the boots produced here; their length io Inches Is 11! inches. Gettrge. Oedde affirmed. I am postmaster at Johnstown since July. 1870. .Prisoner's coun sel proposed to prove by this witness that a let ter was received at the post-office in Johnstown from Bellefleld, Ohio, directed to Mich'l Moore. The Court refused to allow this testimony lo g-o in evidence. The prisoner s counsel next offered the tes timony elicited before the coroner's .inquest, at the finding- of the body, in evidence, and re ferred particularly to that portion in which tbe body found was supposed to be that of a woman named Mrs. Ambrose. The testimony of E. W Eisenbine Mr. Luther Martin, Mrs. Nancy Mar tin, and S A. Reynolds, as round in tbe evidence given at tbe inquest, was the portion to which ine prisoner s counsel more especially referred. Testimony before inquest excluded by Court. Prisoner's counsel next offer in evidence the finding of the coroner's jury, dated Mareh 5th, 1872, and the warrant for the arrest or the pris oner, dated the 3d day of March last. The find ing of the Jury is offered for the purpose of showing- the impossibility of identifying- the body at that time, and the warrant is offered for the purpose of showing: that the prisoner at the bar was restrained of his liberty and is now on his trial without due process of law. For mer proposition admitted, but the latter decid ed by the Court to be an improper offer. The warrant is then offered for the purpose of contradicting the coroner's testimony and ia admitted for that purpose. Defense rest. The Commonwealth bavins nothing; further to offer, the evidence closes. ARQUMRXTS OF COUNSEL. At a quarterpast 3 o'clock the opening- arsru or,,fhe Commonwealth waa commenced K P. Tierney, Esq , who carefully reviewed the testimony from tbe time that the body was found and tbe tracks leading- from the scene of ? KMrb,e t''edy induced the suspicion that Mich I Moore waa the anility Deroetratnr tk the prisoneTit thV baVTwas 'hll fci-rirj" WW Mr' T,"ey concluded bis remarka and J. P. Linton, Esq.. bee-an the Iv L" logically reasoned upon the ST.kI0? yucd by the Commonwealth and sought to show beyond a doubt that many of uhpon Journed atfl o'clock. uou" Q- WEDNESDAY'S PROCEEDINGS. roRM.voow BRsaioir. J. P. Linton, Beq., returned hia argument for ..uu..u..wl riBuuer, as tuny detailed bv witnesses, were then recapitulated and the Jury wirr0,';0 that Ann More.tbe lawful wire of the, Drinnnrr. waa (ha . . . oinain- at 6:15. His per oration waa particularly enqurav-wmuvu -' are constrained tog-tvetspace to a portion of It. In concluding-, Mr. Linton said : "Perhaps, gentlemen, I am weftrylngr your patience and should apologize i for the prolixity with which lam discussing this evidence, but when I reflect upowtne terrime resp'' wbicb rests npon your verdict, I feel that you in on fr.r nerhana savins too much Will CJAuo -w- I r . , rather than omit ting to say any thing that ought to be said in tnis case, j no iwue y Death depends upon your decision, and Jieatn coming in any form is terrible. "I have stood at the bedside of Jt dytrur child one pure as the driven snow where every aspiration was heavenward ; an angel on earth, though to her death was but transition tj tho angels In Heaven ; yet even there Death waa terrible. ' V "When one full of years and honors, after a life well spent, surrounded by friends and rela tives, with a firm reliance on the Christian faith and assured hope of a Christian's destiny, sinks peacefully, painlessly, serenely to rest eV-?TVw ,hTaorne of vou. .rentl.men. knoW"hr, t,e demanded by the evidence that even on the battle-field, where, amid mu sic, and ringing shouts, and wavinr banners, where the soul in the exultation of the moment seems exalted above tbe scenes of time and sense, even there, when a comrade is stricken down with the shout of victory on his lips and the inspiration of triumph in his eyes. Death is terrible. "Yet we cannot but admit that, if all tbe Com monwealth alleges is true, the death of that lonely woman on that bleak hill-side, amid its dreary and desolate surroundings. In the cold, grey dawn of that early March morning-, was doubly terrible. The heart sickens at the con templation of srch a scene and shudders at tbe very thought of that which followed. The mind instinctively seeks a victim upon wbicb to avenge such an atrocity 1 The Common wealth's counsel well understand this instinct ive feeling- of the human breast, and they hope to warp your judgment, gentlemen, by proving and constantly recurring- to this scene. As honest, fair-minded, humane gentlemen, you will be careful that its contemplation has no such effect, but from this very circumstance only the more carefully, conscientiously, dis passionately consider the evidence. The very consciousness that the atrocity of the deed might influence your judgment should only in duce you to art with the greater caution to proceed with the more scrupulous anxiety. For, gentlemen, yo cannot forget that if your verdict should be against this poor, unfortu nate man. it will consign him to a death more terrible than any to which I have referred. Death upon the scaffold brings disgrace to his memory and leaves a stigma upon all those who may be connected with bim by the ties of kin dred. There are those wbo, unable to be pre sent and endure the painful suspense and anx iety of this protracted trial.a re anxiously await ing its issue and perhaps at this very moment are prayerfully asking- that you. gentlemen, may be able in your consciences to realize the humane aspiration of tbe Commonwealth when It places a man on trial and says: 'May God grant you a safe deliverance 1' " Vets, may God grant this man a safe deliver ance a deliverance from the dangers which financial, legal and detective ability have accu mulated around him. "I have endeavored to show, o-entlemen, why this should be your duty, and I have no fears, a-entlemen, but that you will do your duty. I have at least endeavored to do mine." The closing argument for the defense, deliv ered by A. Kopelin, Esq., immediately follow ed. Before proceeding- to address the Jury, Mr. Kopelin submitted to the Court tbe following points as matter of law and asked the Court to so instruct tbe jury : 1st. That the Commonwealth must prove be yond a reasonable doubt that a homicide was committed at or about the time and place aver red in this indicfmenU 2d. Tht the dead body was the body of the person averred in this Indictment. 3d. That tbe evidence must point with such unerring certainty to the prisoner as to exclude beyond a reasonable doubt any other hypothe sis than that be was the guilty ag-ent. 4th. That the presumption of the law is that the prisoner is innocent, and that before be can be found guilty the Commonwealth must not only furnish such sufficient proof as to over come that presumption, but convince tbe minds and consciences of the jury beyond a reasonable doubt of hia guilt. 5th. That under the evidence, as claimed by the Commonwealth, it could only be murder in tbe second degree. Col. Kopelin made a powerful arg-ument on behalf of tbe prisoner, and asked a verdict of acquittal at the bands or tbe Jury; that the Commonwealth had failed to prove that theac- cusea was gunty or ine crime Imputed to mm, and therefore should be allowed to go free. He occupied one hour and forty-five minutes in the delivery of his argument. Wm. H. Sechler, Esq., District Attorney, com menced the closing argument for the Common monwealtb at 11 o'clock. The evidence point ing to tbe guilt of tbe prisoner was summed up in a manner calculated to impress upon tbe minds of tho jury the fact that Annie E. Moore was the woman wbo had been cruelly murder ed, and that ber husband. Michael Moore, tbe prisoner at the bar, was the author of tbe ter rible crime, or at least that so far as it was pos sible for an unbroken chain of circumstantial evidence to establish such a fact, he waa the g-uilty man. AVTRRSOOW SRSSIOST. Court convene at 3 o'clock, when Mr. Sech ler resumed his remarks. After a most able and convincing- argument of over two hours' duration, he concluded, and his Honor, Judg-e Dean, proceeded to deliver the following- CHARGE TO TBI JCRT. Gentlemen of the Jury: You have patiently heard all the evidence in this case that ad duced by the Commonwealth to prove guilt, and by the prisoner to establish innocence. This evidence has been fully and ably discussed by counsel for and against the prisoner. It is our duty now to give you instruction upon tbe law of the crime charged, so far as such instruc tion is, from the evidence, made necessary or proper. It then becomes your duty, under the solemn oath you have each one taken, to in quire, from the evidence, tbe truth of tbe mat ter, and announce the answer to such in quiry by a verdict. That verdict, so far as it affects the prisoner and the commonwealth, will be the truth. Tour oath demands of you such a verdict as shall, on the one hand, let the innocent go free, and, on the other hand, that shall not permit the gruiity to escape. A thirst for veng-eancHon the criminal, which hastens to convict without carefully and impartially weighing: the proofs of truilt timidity, which shrinks from expressing in a verdict the unwa vering belief of guilt ; or a morbid sympathy with the unfortunate criminal, which falters or hesitates because of consequences : all are alike out of place in the jury-box. All preju dice against, all sympathy Tor the prisoner, must be banished from your Jiinds. It rtoes honor to our nature that the perpetration of a great crime fills us with indignation, but it roust be borne in mind that this indignation is fol lowed by a keen desire to punish the perpetra tora desire so keen that unless restrained within a limit which is satisfied with nothing less than clear and undoubted proofs of Ruilt. may end In securing- a victim instead of the culprit. With a determination, then, gentle men, to be p-uided by the evidence, and that alone, you will inquire whether the prisoner at the bar, Michael Moore, is guilty or innocent of tho crime charged upon him by the indictment. He stands chanred with murder I Murder is the unlawful killing- of a human being- with malice a forethought, expressed or implied. Of murder there are two degrees first and second. Our statute on the crime is in these words : 'All murder which shall be perpetrated by means or poison, or by lying in wait, or by "any other kind of wilful, deliberate and pre " meditated killing, or which shall be commit ted in the perpetration of, or attempt to per u petrate, any arson, rape, robbery, or burgla ry, shall be deemed murder in the first degree- and all other kinds of murder shall be deemed murder in the second degree; and the jury before whom any person indicted for murder "shall be tried, shall, if they find such person "g-uilty thereof, ascertain in their verdict whe ther it be murder of -the first or second de gree." Tou will observe, gentlemen, by the statute, that it is for you to ascertain and determine the degree. To you the law commits this duty, and not to us; with you we leave it, after a brief explanation of the degrees. . .A? we before stated, murder is tbe unlawful killing of a human being with malice. To make the crime murder, two things must appear. FiryMthat it was unlawful ; second, that it waa malicious. A killing may be unlawful and not be murder: it must be murder if it be mali cious. Where one, on sufficient provocation. In such a state of rage and passion that his rea son is beyond his control, aod without time to cool, strike a mortal blow, the killing is unlaw, rul. but is not murder, because not malicious: and unlawful killing without malice is onl manslaughter. The term malice, when used in common lire, outside of a court house, gen erally means spite or ill-will, but wben used in i w' u man much more than spite or ill Wi, !owards ny person or persons ; it means wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a par. ticular person may not be intended to be in- Then, if an unlawful killing be made out and malioe be shown, or by the Taw be presumed. greee. If the killing be done io "the perpetra tion of, or attempted to perpetrate arebn. rano robbery or burglary" the stiTute flxeVthe gVade aa murder In the first degree, without rw.nl to the intent : but in all oheV case, of iulTw t ul and malicious killing, tbe degree Is fixelf h wcertaining whether to'ere waTr! Intent xl kill. ir nojntent to kill exists, there is no mur n1.irf?:e.fl"?,t dTe' and lh t?tb?ugh flona "h?'n'idlberation and preinedita-tion-and then roe on to say ; "end any other kind of wilful, deliberate anrl r killing, shall bo deemed murder or th.T gree; thus clearly indicating tha eli-n, tr -murder of the first degree. It is not that to constitute this gradoot theCrlrrTrH'rl t should bo tho same time for dellbfrati, -premeditation os to token bv the Ii?, M and the lurking assassin, but IttsaKi necessary that there be dellbeiion"?? . meditation. Without these there couin pr- :" framed in the boman mind afunrf(rrrr t i pose to kill, and without this, the killing Par' ? in the eye of the law intention, anrl itrJK'" not murder of the first degree. n,n . ert-in ; I. Unlawful killing, without malice "ts Slaughter. Bat. y II. LniawTut Kiuinr wun malice, but-,., at intent to kill, is murder of tbe 'ir out gree, III. Unlawful killing, with malice ani . itent to kill-tbat Is, a fully formed rc.Z ' In to kill, which necessarily Includes l'fun " ' deliberation and premeditatlon-in murrj, the first degree. r , Bearing iu mind, then, these hrlrf rlef ni.. of tbe'crlme brief, because all tlmt -;,', 4 to be demanded by tbe evidence in thu,.. we shall proceed to make some obtrvatiJ,,r . To prove the commission of a crimp. evJdc. Is of two kinds either positive or cirx-un,a ; tinl. Positive, where the crime as charwi testified to by on eye-witness; ciriU01(.t),J j where certain facts or clrcumftances are nrn,' ed which warrant the belief thst trie oriL L" ' charged has been committed. Much has 6utd in the argument about the euuiparnr? value of the kinds of evidence, with.it to us, only this result: It has bet-u SHOWU II1HI dill etu , a mnKrs 811(1 Uti. gers, and that we can be absolutely certain no fact which depends for its existeuce on v-1 testimony of human witnesses: nor cun we'jl absolutely certain that any inference dmn the human Intellect is correct. But ntlrhtr ij. law nor the conscience requires nbo!i tr- C( tainty; for all the purposes of life, it i s cient if the evidence produces belief ,,,, H lief that a fact is probable, butalxej, un, verir.g belief that it is a fact. If an entirely credible witness swears tba' saw the accused kill the deceased with a kn '. bv striking it into tbe body, this would t.- d,', It'ive evidence, and, the witness belD- creJii . we must believe. ir the dead body of the deceased were (3 covered soon after death, with a mortal nuu' j from a knife in the breaM the pockets rin'ej of their contents not far from the 1hh)v, a,x in the act or escaping, tne accused in his session the purse and watch of the deccati-. in his band a bloody knife, which knlle. ou t. ing compared with the wound in the bo.lv. wu found to fit it exactly that the aecimii hai been seen dogging the footsteps of dt-casi previously tbe mind would irresisrlMv eo elude that the accused had inflicted the mr,r; wound; in other words, would believe in tr. cuinstantlal evidence. The proof in th-ov case is as satisfactory as tn the other; it i not invite belier simply, it forces It. In tt, first case, we cannot be absolutely certHin t,-; the witness war credible; in the eecon.l we cannot be absolutely certain that the ml ness who testified to the circumstance u credible, nor are we absolutely certain thrj inference is the correct one. It might U a-t the accused drew the knife from the b-j, picked the purse and watch from the grouj. ' where the real assassin had left them, and f hastening after help. But.because the witn- -es mfoht be perjured, or tbe inference mlijht t ; a mistaken one, our belief remains fixed : ; tiave not a reasonable doubt we have no dn'u':- r One further observation seems ;to bo uin ' necessary by tbe character of the evidence ?a this case, and that is, that where the circiim srances and the inferences to be drawn fr-s them are numerous, and the circumstHfn.-esard proven to have occurred at different d.ifsaid different places by different witnesses, the i.n probability of perjury is far greater, while ti;t opportunities for contradiction are more rti. merous. In such a case the evidence Is far more reliable than where the facts are ft-w, tu well as tbe witnesses who testify to th-in. In this case the Commonwealth, exeunt n tj one single point tbe fact of death reilf en. tirely on circumstantial evidence. Io o-wjrj-ering this evidence, you must start witn i presumption that the accused is Innocent. Ie faor , H m r he tun-l phiiriml with a KIk . must not in your minds cast upon him even the II a n W'ifin tf tr 1 1 1 1 1 Wt. i . inns-wwin. . . 1 .... . - . - - - r- - - - ... -''" uiiivx1 mi , evidence In this case undoubtedlv proven hira guilty. As we said, the Corunmowealtb reli-1 on circumstantial evidence, or a ehatn of cir cumstances for proof of guilt. Or this chain, or large oumberor facts, claimed to be proven, all must be consistent with each other. If arrr fact on which the chain depends Is inoonsisrenc with the others, the prosecution fulls. For ex. ample, it is claimed by the the Commonwe.-i.it j to be a materml fact, and It i a material f.iot i; proven, that the large track in the snow whicii led from the body in the direction of bU it.-M frisoner's) house, was made by Moore's fixn; f it was made by another root than M,K.rt'' then that is inconsistent with the other fact, tending, as is claimed by the Common wea t; to establish guilt, and the charge faiis. Sc -any other materia) faet be inconsistent w. guilt or the Conjuwjowealth's chain of circni. stances, the prosecution has failed to r-iaro guilt. Or if you have a reasonable d' nit t -1 the existence ot aoy material fact, you mutt give to the prisoner the benefit of that dust, and the prosecution fail. A?nin, all tbe cir cumstances going to make up the chain moi point to the guilt of tbe accused, and uui n. cesfarily point to his guilt, or they do nt't r. to thedignity of proof. It is not sufficient trmt they make guilt probable, or strongly prot' ble; they must make guilt morally certain. If the facts adduced and relied on can be exi'Iain ed on any other reasonable theory than tlnii of guilt, tbey fall to prove guilt. Applying, then, to the evidence tbe law u we have stated it to you. you will consider ta evidence you have heard, aud all the evidencfl, and from it inquire First, Was there a murder? Tbe Common wealth must prove the crpu deJecli, aa it n called, or the body of the offence; flr-a, a dt-ata second, the identification of the body as tiist of the person charged to htve been killed third, that death was caused by violence uei upon the deceased by human hands. Ti pmvs death, the Commonwealth lays before you p. itive testimony. A number of witnesses wea' positively to tbe dead bodv of a femsie f-uind in the woods near Mineral Point, in neuiai:s!i township. Cambria countv, on the 1st of Marc last. In proof that the body was that or Aiinw K. Moore atinr Klizabeth Srevenson.it is proved that near the body were picked up a set of ar tificial teeth for both upper and lower Ja. while the mouth of the body found was ti'tb lesa that a pair of spectacles, one gins our, a piece of woolen scarf, a number of piece "f a woman's hair comb, a few gray hairt-. -re found near the body. These fact, v other evidence bearing on the question of iden tity, are for your consideration. The remain der of the evidence tending to estabh-h tt identity is so intimately connected with ta evidence offered to prove the aurhor of ih death, that for the present we shall defer cas ing your attention particularly to it, and recur to it when we review that branch of the evi dence. Second. The prisoner is charged In the in diet ment only with the murder of Annie E. More, otherwise Elizabeth Stevenson. As the chunr' stands in the indictment, the evidence mus; satisfy beyond a reasouable doubt that tat body round was hers, or the Corainouwea.ta failed to prove the charge. Third, It must be shown that the death wal caused by violence, and by a hand other than that of the deceased. To establish this, tba Commonwealth produces testimony to fho I?1.!? rcke, a large and small one, led f nm the Kail Koad to the spot where the bodv " found that but one, the larger, led awav'fmm it that a few feet from the body there wa what the witnesses say looked like blood-that the bushes near appeared to be sprinkled with blood that the ground was trampled a strinf or garter drawn tightly around the neck of tbe body and tied in a knot on tbe back of tbe neck. lr. Swan, who examined t?e body, says tbat. judging from tbe indentation of the neck, tb:i string had been drawn sufficiently tight to'havr caused death by strangulation. He alao testi fies that the protruding tongue indicated stran gulation. The knot in this string, according tn the testimony of several witnesses, was tied tightly on the back or tbe neck, where, as i claimed by the Commonwealth, it could not have been tied by the hands or deceased. Thera Is then the evidence that an attempt, par'.ialir successful, was made by some one to burn tba body, warranting the belier that this was don for tbe purpose of destroying evidence of crime. The two tracks, and only two. leadinf to the body, the larger one only away from iu shows, as is claimed, the presence and escape of a larger person one sufficiently capable ef committing the violence alleged to have been proven. ou will consider all the evidence bearing on thia question. If you should con clude that the body of the offense has been proven, then you will inquire who committed the deed. On discovering a dead body with marks of vi olence upon it, the first inquirv that occur to the mind is, whose is it? Was it by suicid. accident, or the hand of another? If the uiarka uPn. the body and the surroundings pror clearly it was by violence then the most natu ral question Is, who did It? It is claimed that the person who made tbe larger track in tba direction of the body, and away from it. ix tba person who committed the crime. You will re member tbe testimony ot the witnesses on tb subject. There is evidence that on tbe after noon and evening or the 29th of February a slight snow fell, which was on the ground to the depth of one or two inches the next morn ing, end had not disappeared entirely up to sometime InJ tbe afternoon or the next (2aT All the witnessses who speak on this subject of the tracks state with more or lees poeitiveneJ that approaching the body from the Kail Koaji there were two tracks, a large one and a sin" one, which could be traced in the snow tn from the body, awnv. there waa but one traft. the larger one. If the death were produce! tJ violence, and by the hands of another: ana but two tracks led in ; but one out. and that toe larger one. it would seem to follow that te owner of the larger track committed the deeo Whose was this larger track? As to the direc tion in which It led. iu sire and appearance. yo have the testimony of John Shriver. Coroiw Harrold. Ephraim Wissinger, Edward tiT' John Christens. John Pendry and others. testify aa to tracing this large rck;w,V what they believe to be the large track, fro the body, in the direction of the Kali Heads' IT
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