VOL. 40.
Journal,
3. i,LitGoartow,
PI - BLISIIERS AND PROPRIETORS
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Professional Cards
yy CALDWELL, Attorney-at-Law, No. 111, 3rd Street.
1 / 01iieo formerly occupied 14 Messrs. Woods & WI:-
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, 11. .1. IL 3111.JMPAUti FT. offers his professional services
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Miscellaneous.
MARK THESE FACTS !
The Testimony of the Whole World.
HOLLOWAY'S OINTMENT.
DAD LEGS, BAD BREASTS, SORES AND ULCERS.
descriptions of sores are remediable by the proper
end diligent use of this inestimable preparation. To at
tempt to cure bad logs by plastcring the eticee of the
wound together is a fully ; for should the skin unite, abog
gy diseused condition remains underneath to break out
with tenfold fury in a few days. The only rational and
matec,s,ftil treatment, as indicated by nature, is to reduce
the inflammation in and about the wound and to soothe
the neighboring parts by rubbing iu plenty of the Oint
ment as salt is forced into meat. This will cause the
malignant humors to be drained eff from the hard, swol
len and discolored parts round about the wound, sore, or
ulcer, and when these humors are removed, the wounds
themselves will soon heal ; warm bread and water poul
t lees applied over the affected parts, after the Ointment
has been well rubbed in, will soothe and soften the same,
and greatly assist the cure. There is a description of
ulcer, sore and swelling, which need not be named here,
attendant upon the follies of youth, and for which this
Ointment is urgently recommended as a sovereign reme
dy. In curing such poisonous sores it never fails to restore
the system to a healthy et.te if the Pills be taken accord
ing to the printed instructions.
DIPTHERIA, ITLCERATED SORE THROAT, AND
SCARLET AND OTHER FEVERS.
Any of the above diseases may be cured by well rub:
bing the Ointment three times a day into the chest, throat,
and neck of the patient, it will soon penetrate, and give
immediate relief. Medicine taken by the mouth must
operate upon the whole system ere its influence can be
felt in any local part, whereas the Ointment will do its
work at once . Whoever tries the unguent in the above
manner tor the diseases named, or any similar disorders
affecting the chest and throat, will find themselves re
lieved as by a charm. All sufferers from these complaints
should envelop the throat at bedtime in a large bread and
water poultice, after the Ointment has been well rubbed
in ; it will greatly assist the cure of the throat and chest.
To allay the fever and lessen the inflammation, eight or
ten Pills should be taken night and morning. The Oint
ment will produce perspiration, the grand essential in all
ca.oes of fevers, sore throat, or where there might be an
oppression of the chest, either from asthma or other
causes.
PILES, FISTULAS, STRICTURES.
:The above class of complaints will be removed by night
ly fermenting the parts with warm water, and then by
most effectually rubbing in the Ointment. Persons suffer
ing from these direful complaints should lose not a mo
ment in arresting their progress. It ahould be understood
that it is not sufficient merely to smear the Ointment on
the affected parts, but it must he well rubbed in fora con
siderable time two or three times a day, that it may be
taken into the system, whence it will remove any hidden
sore or wound as effectually as though palpable to the
eye. There again bread and water poultices, after the
rubbing in of the Ointment, will do great service. This is
the only sure treatment for females, cases of cancer
in the stomach, or where there may be is general bearing
down.
INDISCILETIO.NS OP YOCTII ;-SORES AND ULCERS
Blotches, as also swellings, can, with certainty, be radi
cally cured if the Ointment be used freely, and the Pills
taken night and morning, as recommended in the printed
instructions. When treated in any other way they only
dry up in one place to break out in another; whereas
this Ointment will remove the humor front the system,
awl leave the patient a vigorous and healthy being.—
It will require time with the use of the PHU to insure a
lasting care.
DROPSICAL SWELLINGS PARALYSIS, AND STIFF
JUINTS.
Although the abovo complaints differ widely in their
origin and nature, yet they all require local treatment.—
Many of the worst cases, of each diseases, will yield in a
comparatively short apace of time when this Ointment is
diligently rubbed into the parts affected, even after every
other means have failed. In all serious maladies the Pills
should be taken according to the printed directions ac
companying each box.
Both the Ointment and Pills should Lc used in the follow
ing cases :
Bail b.gs, Cancers, Sore Nipples,
Jia I Breasts. Contracted t Stiff Sore throats,
Burns, Joints, Skin Diseases,
Bunions, Elephantiasis, Scurvy,
Bite of Moschetoes Fistulas, Sore Heads,
and Sal:illies, ;Gout, [logs, Tumors,
Coco-bay, 'Glandular Swell- Ulcers,
Chiego-foot, Lumbago, Wounds,
Chilblains, Piles, Yaws.
Chapped Hands, Rheumatism,
('urns (Soft) Scalds,
CAUTION :—None are genuine unless the signature of
J. IlArcock, as agent fur the United States, surrounds
e‘iel, is., of Pills and Ointment. A handsome reward will
be given to say one rendering such information as may
hurl to the detection of any party or parties coon
torteiting the medicines or vending the same, knowing
them to be spuri , us.
•,* Sold at the ManuGictory of Professor 1101.1.0wAY it
Co., New York, and by all respectable Druggists and Deal
ers in Medicine throughout the civilized world, in pots at
25 cents, 4i2 cents, and $l each,
There is considerable saving by taking the larger
N. - "-, for the guidance of patients in every
disorder are affixed to each pot. japr2B:76-eow-ly
WEDDING CARDS !
WEDDING CARDS :
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WEDDING ENVELOPES, and
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defy competition in this line. Parties wanting
Cards put up will eare money by giving us a calL
At least fifty per cent cheaper than Philadelphia
or Now York.
ap7-tf.] J. R. DURBORROW & CO.
.1. 11. DURIIOIIIIO IV, - -
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:ALTY. -
A SPECI.
Trial of William Stutsman
FOR Till: MURDER OF
Stephen Lawrence Madigan,
On Sunday Night, June 11th, 1376.
Commonwealth Indictment :
TS. ISt count, Murder.
William Stutsman. 2d count, Manslaughter,
The trial of Wm. Stutsman fur the murder
ofStephen L. Madigan, on the 11th ofJune last,
was commenced on Thursday afternoon of last
week. The counsel for the commonwealth,
Mr. Jackson, was asuisted by Messrs. J. M.
Bailey and P. M. Lytle and the defense was
conducted b 3- Messrs. M. S. Lytle and R. M.
Speer.
The prisoner was arraigned at n o'clock, p.
m., and the indictment read and plea of not
guilty entered. Out of twenty-six jurors
called from the general panel six were, per
emptorily challenged by the defendant a.nd
one for cause. Four were challenged for cause
by the commonwealth, two peremptorily, and
three were excused, when the panel was ex
hausted, eleven Jurors having been chosen,
leaving one tobe supplied from the bystanders.
The following jurymen were sworn in the
case :
Ilij +h G. 1,005, of Warriormark.
Robert Bighorn, of Shirley.
James Thompson, of West.
Joseph N. Hamilton, of Brady.
Benedict Stevens, of Springfield.
Chas. T. Baird, of Shirley.
Wm. Mundorf, of Henderson.
Geo. W. tc,rnelins, of bbir ley.
Robert Green, of Barren.
A. W. Swoops, o f Mapleton.
l; en. I'. Wai;etield, of Shirley.
.'1 5. Cornelius, (talesman) of Brady.
The formal opening of the case to the Jury,
was made by the District Attorney, J. C. Jack
son, csq., and at 5 o'clock the court adjourned
for two hours.
EVENING SESEION.
Mrs. Alice Madigan, sworn—l live in West
Huntingdon, and sin the mother of Stephen
Lawrence Madigan. My husband has been
dead a year. I saw Stephen on Sunday, the
11th of June last, in the house, between 6 and
7, P. M., Ile was there for dinner, and left
about two o'clock, and came in between 6 and
7; took a piece and went out again, and did
not come back that day. lie was a healthy
boy, and would have been 20 years old on the
7th of July. I next saw him on Billy Watson's
porch, in this town, lying for death. Be had
lain there all night and I saw him next day
between 7 and 8 o'clock. He was lying with
his eyes tight shut and his mouth shut, and
his tongue between his teeth ; saw marks and
bruises on his face but did not examine him ;
they did not tell me he was struck ; the bruis
es were under his left eye, down his cheek,
and along his neck ; he was there till evening.
The Doctor told me not to move him. They
brought him home in the omnibus. Dr. Mil
ler was called and attended him before he
died. He was not sensible after we found
him, and never spoke from the time he was
stretched on the ground, and died on th? night
of the same day wo found him on the porch.
Ile was a stone mason and worked for Powel
Smith some time before his death, and was
unmarried, and lived with me, and was my
support.
No cross examination.
Andrew lleckbaugh, sworn—Saw Stephen
Madigan on Sunday evening June 11th, at
Billy Watson's house. He was not drunk when
I left him ; had been drinking. .. .. .
Cross examined—Watson was with him when
I last saw him. Madigan had a bottle with
him and gave me a drink. It was whisky.
This was at Heffright's brick yard. We came
from there to Watson's house, and Stephen
called him out; don't know whether Mrs.
Watson told her husband not to go out That
is the last I saw of him. I saw him first about
4 o'clock. He called at my boarding house
and asked me to go along. He had no whisky
then. We took one drink on the way; did not
empty the bottle. When I left him I went to
the house near Watson's where a sick man
was lying, and lay down and took a sleep
there ; don't know what time I got home.
Re-direct—By the brickyard was the nearest
way from where I first met him to Watson's.
Samuel Coder, sworn—Live on corner of sth
and Oneida Sts., saw Madigan on that night
between 9 and 10 o'clock ; he came there hal
looing and swearing very drunk. I said
"holloa, Madigan, is that you ?" He said "yes,
Johnny." I said to him "come on Madigan and
we'll go home," and he caught me by the arm
and we started on. 1 took him to corner of
7th and Warm Spring Avenue and laid him on
the grass. On my way back I heard him
calling for Billy Watson, and some one came
out which I supposed was Watson, and I heard
no more of him that night. He was hallooing
and swearing but not threatening any one
when I was there.
Cross examined—He was about 300 yards
from Watson's when I saw him first. He was
leaning against the fence and in company
with Anthony Langdon, Wm. Meredith
Glouse and Florence Fogler. They were gone
when I came back.' 1 could bear him calling
"Billy Watson I" with an oath. I did not hear
him defy God Almighty to take him. It was
was a continual swearing as I led him along,
but to no one but himself. People lived all
along in that neighborhood.
Re-direct—These persons that were with
him when I first saw him were all sober. He
was the only drunken one in the party.
J. W. Greenland, sworn—l assisted in mak
ing a survey for a map of the premises. J. S.
Africa made the map.
(Witness explained the position of the
premises to the Jury on the map.
Mrs. Mary Watson, sworn—l am the wife
of Wm. Watson, and live on the corner of 7th
and Oneida Streets. Madigan was twice at
our house on that afternoon. The first time
he came and rapped at the window and my
husband went out, I went out some time after
wards and saw him talking to two men along
side the road. My son spoke to me from up
stairs and said it was one of the Madigans.—
My husband told me so after he came in, and
said be supposed he had gone home, and then
sat down and smoked in the kitchen, after
which we both went up stairs and my husband
went, to bed and I went in to the children to
do something. When I was coming out of the
children's room I heard Madigan come to the
fence and call for Watson, and 1 turned the
lamp out and told the children to be quiet.—
He then called Watson again and I said to my
husband, "don't you go out and I'll go and
see what he wants." And I went out and
asked him what he wanted and he said Wat
son ; told him Watson was down street and
for him to go home, that there was no person
here belonging to him, nor none of his people ;
then he swore at me rapidly, and I said "Mad
igan, yon shall not come in here 1" and he
reached his band forward to the fence and
pulled a paling off, and said be would come
in, and I told him if he did I would set the
dogs on him. Then he kind of hunkered or
slid down and did not say anything. He was
very drunk, and kind of staggered when he
came to the fence. Stutsman then came for-
ward and reached his hand and put it on his
shoulder, and said for him to get out of here ;
then I turned and came into the house,
and met my husband inside coming out, and
I begged of him not to go out. I put my
hands up to him and begged of him for heav
en's sake not to go out on the road that night,
and I thought he was not going out, and went
on down stairs to the basement kitchen and
set down three or four minutes. I wason the
porch when I spoke to Madigan and he was on
the Warm Spring Avenue road, right beside
the fence. Stutsman came from his own
house, I suppose, and would have to come
round the corner of our house to - a here Madi
gan was. Then I heard three or four slaps,
like an open hand or leather belt ; they came
down smartly ; did not hear any speaking at
all ; did not hear Madigan's voice ; then I
went on up stairs towards the porch and found
my husband standing there looking out on the
road. I saw Madigan afterwards that night
lying on the road, perhaps ten or twelve min
utes afterwards. Then Mr. McCahan came up
and asked me for a match and I lit the lamp
and handed it to him, and he went three or
four steps away from me. I leaned over the
fence and looked but did not go outside. Next
I saw my husband take out water and a towel
and wiping off Madigan's face. Before that I
saw Stutsman coming back and said to him
"he needed that," or "he deserved it," and he
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said "lie got it." He did not say who gave it
to him. I saw Madigan after that lying on
the porch ; don't know who laid him there ; I
done nothing; further than look at him lying
there ; could not say how long he staid there;
went away from home next morning about
o'clock; he was away when I came home
iu the evening about 6 o'clock.
Cross examined—l think Madigan first came
to our house that evening about 8 o'clock or
after; don't know who was with him ; saw
one man with him besides my husband ; did
not hear him say anything when lie first came;
lie knocked at the window andiny husband went
out ; not quite half an hour out, perhaps 15
or 20 minutes ; when I saw them they were 6
or 7 yards from me, going towards the brick
yard or Warm Spring Avenue road ; my hus
band said nothing about Madigan's business
with him ; did not see any of them when out
there. My- son William was at the 7th street
window when he called to me, he could see
them from the window ; I did not see Madigan
then till he came back the second time : think
my husband took his clothes oh' when he west
to bed. It was a short time after that Madi
gan came back ; might have Leen twelve or
fifteen minutes. lie was swearing rapidly;
loudly and with ugly oaths ; did not hear hith
till he got to the house ; I was inside the room
with door closed ; think it wi,s locked. Be
only called Watson twice helots i went out.
He did not say what lie wanted with him. I
came out and asked him what he wanted. I
said Watson has gone down street. I was
pretty badly frightened. lie said L—d J—s
Ch—t but did not call me anything that I know
of; did not call me a lying b—h that I notic
ed ; said he would come in any how and then
seized hold of the fence and jerked off the pail
ing ; was then about ten or twelve feet from
me; made no movement as though coining
through the fence ; that was the first I saw of
Stutsman. I saw nu more of Madigan till I
saw bin, lying out by the stable : saw uo blood
and heard uo blows whatever ; think Stutsman
had no coat on, and no hat ; don't know what
kind of shirt and pants lie had on ; suppose
McCall:lu was the first person that saw him ;
he is Stutswan's son-in-law, and his son John
was with him; saw nothing in Stutsman's
hand when he was returning ; think I was
about five feet fro:a bins. He lifted the pail
ing and threw it over into the yard.
Wm. Watson, sworn—Madigan came to my
house that evening between 8 and 9 o'clock,
with Meckbaugh, both in liquor; went with
them to the corner of the nursery ; Madigan
pulled a bottle out of his pocket, about half a
pint. I took a drink and handed it to Madi
gan and lie took one and handed it to Meck•
baugh ; think he finished it. Madigan walked
on a little and then inquired for Andy and
staggered back and called for him. I went
back and went to bed and a few minutes after
beard him calling my name, and my wife said
there is Madigan again ; told her to tell him
to go away. She went out and I heard him
asking for me and swearing loudly. A short
time after that I heard Mrs. Stutsman say
"Bill, don't," twice, and immediately after I
heard a foot under my window. A short time
after that I heard her saying" Bill, there is the'
police !" I then heard the foot continued
round the house, and got out of bed and gro
ped for my pants, and could not find them. My .
wife said to me for heaven's sake don't go
out, Stutsman is there. I went out and the
first thing I saw was the paling off the fence.
Madigan was standing near the fence and
Stutsman two or three feet from him towards
the gutter. I saw Stutsman putting both 1
hands to his side, something like this way—
witness describes the motion—and then saw
him strike him. Madigan was kind of going
back when Stutsman struck him; could not,
tell how often he striiels him. The next time!
lie struck him I saw Madigan put his hand up
before his face. Stutsman struck him a little;
over handed.. I saw in his band something of
a dark color ; could not tell what it was;
could not tell how often he struck him ; the
blows went very quick. Madigan was still
backing away after the first two, or he was
knocking him away, could not tell which.
He then said "that's right Bill," or "That will
do Bill," don't remember which. They then
got in a straight line before me and I could
not see Madigan for Stutsman ; I then heard
Madigan crying twice and they got out of my
sight beside the fence. I beard the sound of
a heavy slap behind the stable and a groan,
and a short time after that Stutsman came
back, and about that time my wife came on
the steps, and said something to him, either
that he had got a good kicking, or got what
he deserved; Stutsman said "1 give it to him,
did not you see him strike me 7" Stutsman
then went on home, and I went into the house
and was searching for my pants, when I heard
McCahan calling for a match. My wife
handed the lamp to him, and I got my pants,
and went down stairs through the kitchen and
round to where Madigan was lying. McCahan
was there then. Madigan was lying with his
face towards me, kind of doubled with his
face towards the gutter. I looked down at
his face and saw blood on his mouth and
nose ; could not tell where it come from. I
went and got a basin and towel and washed
the blood oft' his mouth and nose. Ile was
bleeding at the mouth and nose a little. I
turned his head up and there was blood down
alongside of his check ; found a little scratch
on the outside of his car and a little blood
coming out of his ear, from inside °fills head ;
a little scratch was on his face. He was not
able to speak, or move any of his limbs. I
saw them lift him up and set him against the
stable, and he leaned down as though he had
no strength to support himself. A number
of persons had gathered there, and one fellow
named Mcßride was sent for Tits brother to
West Huntingdon, and his brother and Mc-
Bride, when he returned carried him on the
porch and I carried the lamp, and then went
and brought a pillow for his head and left
him lying on his back. In half an hour I
went out and he was lying in the same posi
tion. I awoke about a quarter of 4, and got
up and looked at Madigan. He was lying in
the same position, with blood or green stuff
coming out of his mouth, and breathing
heavily ; I said to my wile that man is dying,
and she said some one ought to go for his
mother, and I wakened one of my boys and
sent him for her, and then went into the gar
den. A short time after Stutsman came up
and looked at him a little while and went
away. Shortly after that Kyler came and
looked at him, and others. I had got a cloth
and basin of water and washed his face clean
and they said he ought to have some water.
I got a spoon and gave him a couple of spoon
fuls. The first one he moved a little and
Kyler said he has swallowed that. I could
see down his throat and there was no move
ment there at all; think we gave him two or
three spoonfuls, and I think my wife said
some one ought to go for the doctor. Kyler
said Stutsman had gone for the doctor, and
we expect him here every minute. I went
back to the garden and saw Dr. Weistling
coming up and went up with him. 1 last saw
him about 11 o'clock at night before I went
to bed and he was lying in the same position
next morning. Madigan and I worked to
gether, as stone masons. Stutsman is a black
smith.
Cease examined—l was at the inquest on the
2nd or 3rd day after Madigan's death, and
knew then as now all about this occurrence.
I don't believe that I said then anything about
seeing anything in his hand. I expect I said
I saw Stutsman hit him once or twice. I was
through other and did not mind then half
that I do now ; bad never been before a jury
before. I can't give the size or shape of what
was in his hand. It was of a dark color and
about 15 inches long as near as I can tell.—
I could only see his band a short time above
the fence. I saw him come back and pick up
the paling ; saw nothing in his band then;
the fence was between him and me at that
time and I only saw it when his hand was
raised. I think I swore then about hearing
the voice say "don't go, Bill," twice ; don't
know whether I mentioned anything about
saying "there is the police," I am not sure;
could not say how far from where the paling
was off to where Madigan's body lay ; perhaps
20 or 25 feet; not positive ; nothing between
me and the stable on a direct lino ; some rose
bushes on the right and trees ; don't know
the heighth of the paling ; they were regular
paling, with a board under them of 12 inches
wide. I did not get off the porch ; was stand
ing there in my shirt ; could not tell whether
what Stutsman had in his hand was hard or soft;
I saw nothing in his bands before I saw him
make that motion ; did not see him till then ;
that was when I came out. He was nearer
the fence when be came back, and his hands
would bo below the top of the paling. When
I came out he was right opposite where the
paling was off. That is the time I saw this
HUNTINGDON, PA., FRIDAY, SEPTEMBER 1, 1876.
:Movement. I think it was not moonlight that
!night. I don't think there was anything in
his hand when he made that motion. 1 ruund
00 weapon lying un the pavement ric;it. mora
; did not see any mark uf wa.;
'not under the influence of ; don't get
intoxicated easily ;it t4;:e.s good deal ,)!'
'whisky. to make me tight; (Ed !lot feel tax:
liquor. that evening; was not drunk tvxt
morning; was not drunk all day on Monday ;
working all day. McCalian and Stotsman's
son were the first persons I know of reaching
Madigan's body. They had a lamp ; I did not
see them examining him. Tiny were ;hero
while I was hunting fur toy pant.. I not.
say next morning th , t it wc.s.iimply a .107, ;,r
poisoned whishy. doctor did net say any
thing to me about it ; did not ask him abort
it ; :could not say what time in the morning
Stutsman went for the doctor. I got up a
quarter before 4 o'clock next morning and
went out into the garden a while. I did not
know lie was going to die. I think I went to
work before the doctor came ; don't know
who brought him. Madigan and I were not
butties and no way related, but on good terms ;
Ile never was at my hous, but twice before ;
Stutsmau and I have been on friendly terms
several years ; had some trouble a !king time
ago-, don't remember anything about that:
that must be from 3 to 6 years ago ; I base
been: living there since 1865 ; have been in
Stutaman's house ; could not say how long;
in his and twice in May last looking at his
trees and I think once looking at his hogs:
think it is 4 or 5 years since the trouble about
the cow; - never said I would swear hard
against &Inman here. I believe I have said
I would swear differently, for I was so much
excited at the time that I could hardly speak ;
never said I did not want to swear him away
all at once, hut would fix it when I came into
court ; made use of no such language to any
one ; no person with me on the porch at that
time; I have a goose house below the stable
between that and Stutsman's. and keep 11,1
pigs at the end of the stable from the house ;
don't think I had any then ; had a cow ; don't
know where skewas that night; have three dogs:
don't know how many there were that niglit
dogs and geese make a little noise sometimes.
Stutstaan had no coat on that night ; think
be had no vest ; could not say about his hat ;
think.he had a light shirt, nut quite white ;
looked like an inside shirt; wont be certain;
could not say whether he had pants or over
alls on; did not see any suspenders ; cant
tell the color of his pants or overalls ; could
not say whether lie was fully dressed.
Court adjourned till 9 o'clock to-morrow
morning.
FIGUAY MORNING
Maggie Watson, sworn—Am a daughter of
last witnesses ; saw this occurrence between
Stutsman and Madigan ; was up stairs getting
ready to go to bed and beard sonic one out
side calling to father ; looked out of window
and saw father going out and two men stand
ing at the gate. He went out and sat. down
on a stone and one of the men sat down be
side him. Madigan leaned against the fence,
and they talked some time and then went to
the corner ; saw the man that was with hint
going to the German's house, and Madigan
start on the road leading towards the Warm
Springs. I went back to bed, and after a
while heard him again ; got up and looked
out and saw some one with him, who took
him over to. the fence and left him lying on
the grass ; Madigan asked him togive him his
hand, and he helped him up and left him and
went away, and I heard him coming back
again to the house; was looking out of the
second window on 7th Street. He then called,
"Watson I" and mother went out and asked
him what he wanted ; he said Watson ; she
told him Watson had gone down street and
he had better go home, that there was no per
son- trelOnging to bins there. He still talked
witha her, and I went into another room, and
heard Stutsman coming up to Madigan, and
telling him to go out of there or away from
there. They still continued to talk, and
Came out and mother came in. I went down
off the porch to the walk when Stutsnmn
came up to Madigan, and as he turned to go
away from him I saw Madigan raise his hand
to strike Stutsman, and I came away front the
fence and turned around to see where I wa
going. Next I heard Stutsman saying "you
will strike at me will you V' Ile then struck
Madigan two or three times. While lie was
striking hint Madigan said '.•that will do Bill,"
or "that's enough," and then he raised his
hand half way to his face and commenced to
cry. I saw Stutsman put his hand down to
his waist and take something from it, which
seemed to me like a leather belt. When Stuts
man was done striking him he came away,
and Madigan staggered over towards the sta
ble and kind of slid down against it. Madi
gan put up his arms in front of his face. Stuts
man struck him with what lie had in his hand.
(witness describes the motion as being an
overhanded stroke.) (Army belt shown to
witness.) The Ns eapon lie had resembled that,
only I dout think it was double.
Cross examined—My bedroom window was
next Stutsrnans house. I had not gone to
sleep ; my two little sisters were in the bed
room with me. Madigan was ut the paling
when I left my room. I dressed myself before
going down. I suppose I was five minutes in
the room before I went on to the porch and
father was in his room. I left the porch and
went out to the fence : don't know where my
brother was then ; saw him last standing on
the fence outside of me. That was when
Stutsman was done striking him ; first saw
father when he came for the, water after the
trouble was all over; did not see him or
mother during the fight ; did not hear Madig-an
calling mother a b—h, or her telling him she
would send for the police ; heard Madigan say
that God Almighty could not take him, before
I came out ; I heard him swearing violently
before I came out ; did not hear him while in
myibed-room ; beard him calling fur Watson
and tearing off the paling and swearing lie
would be in ; mother said he must not come
in ; did not see Stutsman going up from the
room window; he was there when I went
out; l did not say to him that Madigan was
there tearing round ; did not hear a voice say
ing that ; heard brother Willie saying Stuts
man is coming up when I was standing in my
room door, and when I went out I saw Stuts
man and Madigan fighting ; I heard Stutsman
tell him to get up and go out of there; did
not see them meeting ; the first thing I saw
was Madigan going over towards the stable,
and Stutsman following him, and Stutsman
turned to go away and then Madigan raised
his band to strike him ; Stutsman was then
in the act of walking away from him up to
this time no stroke had been struck that I
saw; could not say how far they were away
from me, perhaps not five feet. I went to
wards the gate when I walked out into the
porch ; saw the paling off then and Stutsman
had thrown it over the fence into the yard
just as I went out. What striking was done
was not with the paling. Stutsman had no
coat on ; think he had his hat on ; don't know
whether he had suspenders on or not ; no
moonlight but not cloudy ; don't know how
far from the gate to where the paling was off;
perhaps half way from the corner of the house ;
don't know how many rose bushes there are
along the porch ; they would be between me
and the fence from the porch ; you can see
through the rose bushes after night ; think I
was out there ten or twelve minutes. I saw
this instrument in his hands when he first
went to strike him ; saw him put both hands
to his person ; it might have been to pull up
his suspenders. Madigan fell with his head
against the stable and his feet slid out on the
pavement. When he staggered over towards
the stable he kind of leaned up against it and
then slid down ; his back first struck the
stable. He fell on his right side, and after
the fall be was lying on his right side with
his feet over towards our house, perhaps five
feet from the gate. I think this strap was
about 12 inches long an,l two inches broad,
and soft ; could not tell the color ; no white
about it. I saw Stutsman from the time I
went out till he went home I►e ; passed imme
diately outside of the fence where I was : did
not notice his hands ; could not see them
from where I stood ; did not notice any weapon
in his hands or about his person ; did not see
him throw away any weapon ; found none on
the ground next morning. Met:alum and
John Stutsman were the first persona to see
his body.
Re-direct—When Stutsman was following
Madigan towards the stable Madigan was
walking forward with his face from Stutsman ;
I could not tell how long this weapon was.
Mrs. Sarah J. Green, sawn—Live 0 , 1 7th
Street 125 feet from Stutsman's house. About
a quarter before 10 o'clock I saw Stutsman
come out and start up towards Watson's, and
as he . was going out Mrs. Stutsman said "don't
r
1
#
w
, t ra p _
I e
p,3 , 1 z f t 11 a,
go Rill, - twice. and :IQ a't rp tr. ‘l3l:ltri
4!ic said "Bill.the polt-e curn.wr '
tint see him turn the. comer whio-t. I
waF A. - indult.; j r .. , tr tiro ,
,•••,,re I
Spi•Lig : 4;tr , t,••••P
ut cf ti. a I'll
31a.ligan if pr: cif) .•. 4 •.!it=m:trt
pay 11.:ar for I
three strokes ,a t tr.•
falling aglic , it the !ear-. i 1!••!.
igan say atlyftitlp%
I 'tog, pr , r.rtiried--1 ',V; nitwit ; 77, fe , . ,
Watson's 111 , 114 e. 1,1 a straight 1 .; ne w.• s.,
strike the yart above the hr a /1..(W.,!!
and the stat Or. cot!Igl not set..u; -
Where i was slamlinz did not W hf,
palin ,, was Tritb.2tl off. (Map Mn.rn.l I rl,n't
think I hen rd pftiitiz. torn off: t re
member whetter I was out then : Nia.l
- calling Watson 7 could hear that I,tainly
at my huti,e ; heard him takitiz his malc..r's
name in vain ; heart him call some wt.. a liar
and a before F.:tot:moan went up: heard
Mr?. %Watson telling him to : zo nway, and that
if he did not she would scud fir the von , • ;
heard hint say he was gain, i-,to the him .•
don't remember whetlwr he tie,l any oaths •.r
nr,t. That wo.s cZter , he toll him fp • a•rar.
That noise had confirmed hatween ", and I‘)
minutes before Stot , man went op ; Stntsman
lives nearer to Wat.sou than I flo on the other
site of the street ; think there was a sick man
in a house nearer still to Wat,ion•; ; dirl not
hear lititt:=rnan telling him to go away, Oa!
there wnq a sick man th , 2re : cattld not tell
how Stutsinan era? 'dressed. lie wee' an stair , .
when the swearing began, r.nd dawn
while it was going on ; lent know wiletiter
lin was in bed.
1.. A. Gr ,, en, ATortt---Was not at. itotne ,:ten
the fight. occurred ; tame home 300: ,
warth and they told me :74tutsman hat a t
ap the roal and started up pa,t SAttsmans
lionle. He was :t•tit.r.ng in the ce.rne.• of tite
yard and earl "i,s that you Green, • and I 4.1' 4
"vet, thi3 row 'calked
across the etre.o t i me and tohl rt. ri
igart 4 )111... 1.1:1 t: , WM4fl , ll 4 1,1 ' , A. , ,l
rous•in'z and swearing uronntl. and lie 7'
and ordered him away and Slndigan .1;•i
!fro, snd 5:1"0 , 0.1 to aW,ly ".1 , 11!,r , 1,,,!t
-gan hit him on the bark of the ;tel.'. :Ind :hi'
he turned round and llad;gan tried
to jui.ip on NJ bock that he t ten hit hint or
gave him at , underhantlNl an l t:.en
sJiti I took toy tlelt'aifi hit it:m a
with it. I then went up and Wat,„.
tea= standing at - the gate :,n , l I a,:ked be
where Madigan was lying and she sail by tho
stable. and Watson got a lamp and wont vrtli
roe. McCall:to and John Stutsman were both
there. Watson looked at him and said t:ie
boy was hurt. I took hint up and
itgaimrst the stable and hit arms fetid iwn lim
ber awl his heal on his hrea4t. !straighten
ed hi head np anti the blood ran not of
month. and his face was blood allover blood
and water ran out of ht.- , mouth. I shook hint
and,called . him by his name but he male me
no answer, and Watson gave me the light ant
got a basin of water and t0w..1 and came nut
and washed him.
C'rosx examined—l don't know whether 11,
Callan and John Stutsmen were there before
I CRAW, or whether they Carrlerwht•n I was in
the yard with Watson ; tlcn't think Watson
had seen Madigan before that. I did not speak
to Mrs. Watson till afterwards : don't know
how long Nlailigan was lying there befnr• I
saw him, only what I heard them .ay. Stnt
man said he hed turned rotted en :.ro away
when Madigan struck him on the hark of the
head. and I think he sftil he hail fallen on his
knees, and that Madigan had done this to Lim
before he hail done anything to Madigan. and
that afterwards he had tried to jiiinp on him.
or something of that kind. lle • - •inid he either
struck him or gi,ve liiat an ilnderhanded
when Madigan was trying to jump on him
ilon't mind whether he sail Mailigsn had
knocked him on a 2tior ,, er or that !le hat fe
on his knee?, lint something of that kind, an.:
then that he hail ;iron him a lick or a few
slaps with belt. It was all one fight from
the time Madigan str:ick him till he =trick
him with the belt: no ces.zation h^ lid rot
say atirthin , abort the sick man, tint that lie
hail told him to go away :mil not make iti
much noise and '.hat was all i:e hid line b
fore Madigan struck Lim.
,/,,hn f !oo
yards from Wats.on's: heard the noise from hi..
window of some one swearinz And heard
some one say. three times, "go home, attar
which he heard three pretty hard strolv4.
sounding like a piece of belt or board : sound
ed very heavy ; after the first stroke the man
answered, "that is right, Rill" : after the se,-
rind, "that is enough, ; and the same af
ter the third, after which he fell against the
stable ; pretty hard fall : saw them afterwards
by the light washing him off.
Cross rxaminoi---! 4 rtw no one stroke an•d
heard nothing before the fight heptln
Mrs. Eliza J. McNamara, soc,rn—Witecza
lives opposite Watson's stable. and on this
night heard the voice of a drunken man nn
the street, and saw two men going past : drunk
man swearing and the other trying to make
hint hush ; heard the same voice agein after
wards, and saw the drunken man at Watson'' ,
fence, talking very angrily to Mrs. Watson ;
heard him say be would be in. and pulling at
the fence, and the fence cracking, then went
away and beard no more. After awhile heart
man telling him to go s ‘ , ay out of this; and
heard n blow, and then ..no:ber, and him say
ing, -that's enough, Itill the one that was
hurt kind of crying a little ; think the blows
were with the open hand.
Cross examined—saw no blows struck ; wn•
badly frightened by the oaths and noise ; did
not hear him call Mrs. Watson any names
heard him say he would be in, and taking the
name of hind in vain ; heard no one fall.
~:frplien S. abolt 794 feet
from Watson's ; heard on night a diAtur
ance, loud talking and barking of dogs and
three blows : thought some one wav otriking
the feace fighting the (logs ; heard loud talk
ing just before the blow.; were given : aot
hear any one gay that's enough.
Cross examined—Could not distinguish the
words ; would not say I heard swearing: sup
pose this was between 9 and 2 o'clock ; went
to bed at 9 and had no means of telling the
time till 2.
Mrs. Bridget Carrol. sirorn—l :aw Stepiien
Madigan on the 1::th of June. He had a mark
round his left eye, and had great difficulty in
getting his breath ; saw blood rinning out of
his ear and wiped it off three different times.
Cross examinrd-1 never spoke to young
Wm. Watson since the oreurrence ; nut
try to get him to run off and not he a witness;
never called titutsman a stinking hereto-.
Dr. D. I'. Miller. steorn—WiA relied on the
12th of June last to the house of Wm. Wat
son ; found Stephen Madigan lying there on
the porch suffering from
what _ supposed to
be compression of the brain ; examined him
and left.to call again in the evening: went np
in the evening and found he had been remov
ed to his mother's in West Huntingdon ; went
there and found him to be in about the same
condition ; next morning esq., Murray inform
ed me that he was dead. His breathing was
slow and stertorons when I first called to see
hint ; assisted at the post mortem examination
on the 13th with Drs. Hrumbangh and Weist
ling and I think a man named Cain, to bring
us water ; removed the scalp and mescies
covering the cranium ; found no external
marks except a slight bruise below and to the
left of where the blood was settled on the
brain ; removed the top of the head and found
clotted blood pressing the brain, perhaps
ounces, on the left Ai,le of the brain. On e t..
emitting the brain we found a ruptured blood
vessel, that lay on the surface of the brain.
The blood was between the dere mat, and
the pia miller. I believe the blood to he the
cause of his death. The brain looked ro be
otherwise healthy. I have heard the evidence
relating to the degree of violence receive-I by
him on the night of the 11th of June. It the
violence was as sworn to here it wonid be suf
ficient to produce that blood on the brein If
he suffered that violence I believe that was
the cause of the rupture of that blood vessel.
If the blood vessel was ruptured on the even
ing of the 11th of Jnne about In o'clock the
symptoms would follow which were ifevelnoe.l
in the poet mortorn mtmination. and suet. es
I have described.
Cross examined—l did not see him till noon
on Monday : noticed no odor of whipky ahoet
him theo ; we were over an hour making He
examination. I was sworn befere the tele
lam riot certain that I ',wed there Cia• I
timid ant - external iirn:se or mar% on t;te
head. The bruise I mention here did not re:-
cur to me as being (if any ma! , ritsi impertenee at
that timo. I wool.l not give that as the esese of
the effusion of blunt on the brain: nn Piton'sl
marks that i could see on the ho•ly that would
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