The 1 Higdon. Journal. Flt! 1'11::L 23, 'i\ .:I'Rii I':L. FOULK, A . f7i.nt: of , 1:.: Prutt,ylvattio. Ind West i fg i n Press A,sociatiou, Is the only person in Pittsbu , gh authorized to reee . ,s ., • •:r•: the JouRNAL. Ele ha,s 0117 .',N:► PERSONAL Brief if - _ , n---hrorae-made and Stolen. Base 1;:i; The litll, 1i" t! S:1,J111111g The mart (••)m it) Stay Oven!oal , still conifortablt, 1,1 IS 11111111,1%)US The bar 4 The o.i,uf Yoy A_eensiou D4y. New mu,: and i',eautiful evenings Slim :mend:wee at Court this week. liuotin_~l~n !s livey in the evening. carwt.-shaking seaz=on is at hand Cherry anti lwach trees are blooming,. The Cleattlel4l coun(v strike has ended The cvn:;ttery WAS wet; visited Sunday. The trees :Ire puttin : _ on their dress of green Don't ti:eard your 11:In tivl. It is too soon. It is tiioe 1,4 - ,w to go for the trailing arbutus n(l3ourned on ..zatnrday Court more The toruet Band nIII ,non be "tooting.' new advvrtisement in to- Read Win. R day's isue. :a the M. E. church Cowin,/ nest Su Lata. ell in till,: bailiwick on A. heavy Saturday 11:..at Several 01 0 n :tn. reaping* a golden hart, The thorow.lf;:;i,rez: of thk town are in a very dirty condi z The night ses,iolis of Court, last week, were largely at ten (Ivcl. Work wa.3 Ipe2nu oo the 'penitentiary ground, Monday 1114:•1" fir the "no fruit croaker" N o w is t!:n tO Step to ti:e foie The rnonw:ain , :gill scow Le c overed with their fblia(ze of green. The farn:ftri• I:rea7rays ere about finighiug up the sotviog u; oats. Mrs. liary l'Arson•;. aped 96 years, recently died iu :7;hirit'y township. The (1 ,-.‘,; I ) ,,kiea around for the first freshly phiii:eti curd field. Solve Clettriiel4 strikers are at work at the R.ilierti;,l.l.l.e The l'restyrian supper ot• last, week was a success. Tire cleared $65. Rep: ire tlic hutut district iu Hollidays burg have iicen commenced. A tertqi,.., wind storm visited us Friday evening, ;or. no damage. The Ih•naLai i,to have a nubby store, and a fashiona:Jie lot of new gools. The "lower ond" of the county %Vi well represented nt Couct la.A week. Rev. W. IL wi;l preach in the First 3! E. church nf.x . . San:Liy evening. The boys cast anxioui glances at the ricer. 'Wishing fur the bathing season, you know. The coal trash, fu as the retail portion of it is concerue,i, is (trooping in thisbailiwiek. Old Bore::: Ims not cried f'n o gh , but bolds high carnivals about every other day or night. The waEs and t.: - :Aing. of Ow new store room kext to the pot uilive have been whitecoated. Prisomer : . ound froii:ty of crime, by the Court, were sentence , ' ou Monday. A sort of stone wa!k his been hid on Wash inaqou leadln:_; from the engine house alley. A woo iu hrin,L7 -.1.f.c.te•1 in front co*.i grocery on Washington of General 1, street, it Is no iung'r a questiGn of Dread hatter, but bread and oleorfiar garine. The AlL,ona s.av , five hundred houses will be erecttd :a that city daring the coming summer. "Corner s!Atziary" is fwerg - mg from its winter qtniners and c:ln be seen in its accus to►ued p!accs. Carpenters are putting the finishing touches on the frame building nearly opposite the JOURNAL office. Blackguards with their bacchanalian songs, kept respectable people awake, Thursday night, on our up town streets. Painters were enga!zed the fore part of the week m paintiog Mr. John Williamson's prop erty on Washin:rtou street. A thunder gust, accompanied by heavy thunder awl vivil lightning, passed over this locality on MoodAy evening. There is ”,o 117 e of talking about it for Wil day Black i;:ls ;ile neatest jewelry establish ment in C,iitr:ll Perinsylvania. Fires were numerous last r•ee::, and we tongratu:ate ourselves that we have none to report fur this immediate vicinity. If a few nwra wooden awnings arc grit up along our paret!ient. we will be entitled to the Eobritpet of ti,e "Sited town." The water 1 sa bc , en drawn from the Holli daysburg r ,, Fervuir, and it is now a vtLst field of mud. A!I li:c fish w , :re destroyed. A fanii!y in town, who can scarcely live in tilt. “tn - :::,1 In mouth" style, manage to keep duce 1,1.,_ about their premises. There wi.l tj ,crv3r7s in St. John's church next Suu , '•tt•. I.t the morning at half-past ten, and is tho :11 - tertioon at half-past three. Take n ot the new adrertisements on our secoud (t• to-day's issue. They will tell you vviici . c to buy cheap and good goods. The wind of Friday evening last wade cow ards out of those who have not, as yet, got over the effects of the storm a few Sundays ago. To make room for the report of the Crom well Homicide ease tried last week, we were compellei to omit much matter prepared for this issue. In Portage township, Cambria county, on Saturday, a tea year old danghtcr of Sylvester Curn was btirt:cl to death by her clothes taking fire. Two coil c:.N of the li. & B. I'. R. R., were wrecked at c, ,c foot (:f FIN, street, Wednesday . evening. T;,,• wrecL was caused by the split ting of a v;.;!. Soule witn-?sses :Lttendiug Court last week, Ute witness box, gave indica tions that they have a vein of broad humor in their mars a;p. Samuel L Isenberv, agent at Birmingham, has been oppo;iited Freight Agent at Shoen beraer station, one and une-tenth miles east •f Birmingham. !Ir. John I. Noble, one of the most promi nent Masons and Odd Fellows in this section of country, died at his residence at Waterside, Bedford cuuoty, last Friday. Mountain tires are raging aloe; the line of the K. & B. T. IL 11, near Saxton, and pas sengers travelit,g at night say they are very interesting spectacles to look at. The fence; that got the "bulge" put on them durit:g the wi:Ld storm on Sunday two weeks ago, were attended to last week, some of which were replaced with new ones. Messrs. IL 11. Mateer and son, formerly of Brady towns!iip, haring purchased the Hagie property in Log Valley, will erect a steam saw will within the nQxt.few weeks. James C. Brumbaugh, the defaulting rail way postal clerk, was convicted of robbing ire United :it,ite , ; mails, in Pittsburgh, on Wednesday. lie nas nut been sentenced yet. The familiar turnout of our friend, Mr. Jno. R. Cutthinghent, is again to be seen daily upon our streets, that gentleman having returned from Media, where he was spending the winter. The Crand Inquest for this county last week, after a car eful and thorough examina tions of the public buildings, recommended the building of a new Court house as soon as possible. One day last week some lawless scoundrel killed a turkey hen belonging to Jack M'- Cahan, and threw her .lead carcass alongside of the road leading through the "hollow" on his farm. Boys who are in the habit of rituring the door bells of their neighbors' houses "just for the fun of the thing," should know that they are ;iable to he arrested and puulibed for their conduct. Tbv Johnstown Tel:Lurie rakes 11,, men of that city who permit dead rats to lie on the streets in front of their business places, after the dogs are done with them. And we have several of the same sort. Clearfield Journal: "Rev McMurray fished in vain for trout. in spring Creek. r oar Belle fonte, last week." And we'll het. a "nickel" the trout in that stream knew the Doetor around with his "fly" and hid themselves. Thirty thousand dollars were subscribcd iit oce evening last week for to build glass work s in Parker city, and operations will be begun at once, as the balance of the inoney is "dead sure." Where, oh where are our glass works? The sporting gentlemen of Altoona have organized a Sportmen's A:iociation. They are not banded together a 'pot h inters," but. pledge themselves to observe all the game laws, audassistin prosecuting ofnadent against them. 'Revs. C. H. Scott, of Bell's Mills, and G. U• Craft, of this place, Baptist ministers, ex changed pulpits on Sunday last, the farmer preaching here morning and evening, whilst the latter attended to the spiritual wants of the Bell Millers. We were in error in stating in our last is sue that the steeple on the Lutheran church had been rendered unsafe by the hard blow of a couple of weeks ago. The pastor, ltev. Hay, assures us that it is perfectly safe, all of winch we are glad to know. Our brother quill, Tyburst, since Wednes day morning has exhibited a countenance wreathed in smiles, and all because he is the happy "parient" of a boy baby, the first male representative of his household. The little printer is getting along nicely. Congressman Fisher and family returned from Washington city, where they had been sojourning for the past mouth, the latter part of last week. Mr. Fisher did not tarry lung with us this time, as he returned to his post in the House, on Monday evening. The hills that surround Huntingdon con tain an inexhaustible supply of iron ore, and lluntingdou wants a few furnaces to work it up, and several business men with large capi tal who are not afraid to put their money la to enterprises like these. That is all. The turret of the Lutheran church, blown do~ is s. few Sundays ago, has been placed in position again. To make it secure from further damage, it is connected to the base of the steeple by irou rods. and it will take a heavier wiud storm to displace it than the last one. For the week ending April 17, 13.233 tons of coal were shipped over the line of the & B. T. R. R., an increase over the same time last year of 6,477 tons. Since January Ist, 1880, 132,153 tons were hauled, while for the same time last year 92,539 tons ; au increase in the traffic of 39,614 tons. On Tuesday a week two men named Morris. hired each a horse and buggy - from Lew Port, liveryman of our town. Lew not hearing from them up to Saturday night, took steps to ap prehend them, but Sunday morning brought word that the horses and buggies had been left at Petersburg. A number of bills ?main unpaid in this bailiwick. Geo. D. Cox and Mayberry Cox convicted of aggravated as atult and battery upon Eman uel Downing, were sentenced by the Court on Monday. Each are to pay $5O fine, jointly the costs of prosecution, and Geo. Cox to un dergo an imprisonment in the county jail for one year, and Mayberry Cox to imprisonment in county jail for six mouths. The Methodist Episcopal church at Tipton, burst last May, has been rebuilt, and on Sun day next will be dedicated to the worship of God, Rev. J. S. Beyer, of the Virginia con ference, preaching the dedicatory sermon.— Rev. Geo. Guyer, the pastor, most cordially invites ministers and members of adjteent M. E. churches and other denominations to be present. The Court granted licenses to all applicants, except to G. T. Simonton, Huntingdon ; Silas Hess, Coalinoat ; Wm. McGowan, Shade Gap, awl Juno H. Davidson, of Mt. Union, on Mon day eti•ening. Henry Chamkerlain, Alexan dria, and Martin Grube, Huntingdon, with drew their applications. The total number granted were thirteen, of which number Hun tingdon gets the liou's share—tire. The Presbytery of Huntingdon met at Belle fonte on the 13th inst., when 43 ministers and 35 elders answered to their names. Among the business transacted by the Presbytery was the election of six Commissioners to the Gen eral Assembly which meets at Madison, \4 is., on the 20th of next month, and J. R. Simpson, of this place, was elected one of them. The next sitting of the Presbytery will be at Bir mingham, this county. We had a friendly call from our old friend, Geo. W. Cornelius, esq., of Shirley township, on Friday last, who was in our town for the purpose of taking one of the fast trains for Philadelphia, whither he went for the purpose of buying goods. We had expected to have the 'Squire a citizen of our town this . year, but owing to his inability to satisfactorily di.,pese of his property he has given up the idea of removing to this place for the present. Our fellow-townsman, John A. Paul, esq., has lately invented an improvement iu Fruit Jar Tops for which he has Leen granted a patent by the United States. We have seen the model of Mr. Paul's invention and think it the hest arrangement for sealing jars that Las been invented We will give a further end fuller description of the invention at another time, but just now we cannot retrain from congratulatiLg Mr. Paul on his goad fortune. In last week's JorawaL we published a de tailed account of the almost fatal poisoning of the family of Mr. Jacob Seitz, of Browns ville, Ind., by the eating of poke root in mis take for horse radish. The Naga of this week, in noticing the ►natter, has mixed it badly. It says that Miss Mary A. Grim, formerly of oar town, "is related to the family." Yes, slightly ; only the wife of Mr. Seitz. She informed us that she was sick on the morning that the family partook of the supposed horse radish, and as she ate no breakfist that morning es caped the danger. The re-organization of the Huntingdon Sil ver Cornet Band was perfected on Saturday night, and in a little wb lie our citizens will again hear the familiar strains of that once prominent musical association. George A. Port, esq., has taken a deep interest in the matter, and has displayed great liberality in giving them a room in his brick building, corner of Fifth and Washington streets, rent free. The members of the hand fully appre, date Mr. Port's kindness and liberality. The members will call upon our citizens fur a lit de financial aid to enable them to have several of the instruments repaired, and we hope those who can do so will .give tke "boys" a lift. C. R. McCarthy, esq., of Sail illn, Rno has for some mouths been running the flouring mill at that point, made a narrow escape nut long since. The runner, or upper burr. bed been balanced by putting six ur seven pieces of iron of the aggregate weight of more than fifty pounds around the top. 'f hese had not been properly secured but merely covered with plaster, as mill stones are usually covered, and vet the burr had been running in this dangerous condition for.years until a few days ago, when there was a loud explosion like a blast in a stone quarry, and these pieces of iron went tearing about the mill in a miscel laneous manner, demolishing the hoop around the pair of burrs and damaging other things. The Squire had just gone down into the base ment when the explosion occurred and thus escaped a chance of being crippled or killed by the flying pieces of iron.—Mt. Union Times. THE Oakland Republican has the fol lowing to say of Dr. Fuudenberg, the Oculist and Aurist of Cumberland, Md.: Dr. W. F. Fundenberg, the Oculist and Au rist from Cumberland, Md., who is spending a portion of each week with us, is meeting with great success in his specialties of the eye, ear, nose and throat. On Wednesday last lie op erated upon the lett eye of Mr. Andrew Brady, of Altamont, whose eye has been crooked or crossed since birth. On Thursday the'doctor removed several tumors from the throat of son of John W. Lee. Both of these operations were entirely successful. "CROOKED HAERTEL "—Accept a thou sand thanks for that Golden Remedy. I suffered for many years with rheumatic pain's in my limbs, my legs were drawn together, and people called me "crooked Haertel." 1 used ST. JACOBS Oct, and was cured, and now feel so well that I think I could dance as in my young days. _ _ JOHN HAERTEL, Fremont, 111. Foil. Beauty. Style, Nom. Fiuitig, Qu::1 ity and Price, the Clothing displayed by Montgomery, for Men, Youths, thiys arid Chit dren, is not surpassed by any. A full line of the latest styles of lists and Furnishing Goods. Please examine his goods and learn prices before purchasing. Lapr23-4t P.spialenl Ly R. 31.Rivm. Hig.l THE CROMWELL TP. HOMICiDE. T”Tti, WILLIAMTUI,MP.iiCiN FOR. TnE ?!I , ii;llr. 4.F JACOB INENUERG. tti FFE L:A LtY LAST-VERDICT, MAN S L.% MR ra-e of the Continotivr , :mitlingiin , t ":111i: , u1 Thotopson tor the inurier of Isi,aberg, 11s reitAied on Thursday morning tit, and at twer.te niin , :te= past nine o'clock the prisoner was er niignea and through his counsel. limn. IL M. :- , 1 ,,,0r„ plea ,1,1 "Not Guilty" to the iii.liet own , . ro• for ht Cittituonwealtli assis:,l in the rustoution by W. forty jurors eatle3 into the box, six ,:•••••ti 0••••• ehallcneed for euuse. two by the c eu ,- 0:•,, , i0.a1,h foui . reeu by the defendant, and o ne 'ed. 3111 i at pTteisyly hu:f past ten the following jury wits sworn to try the case: It. Sec.tt Ale, of Warriorsniarli town-hip. Isaac Hassell, 44 1.:U••oiu township. tleorge W. Ge,leill, of clay John K. Reddy. or Carl,ti township. Ileun Neff e.f West township. nde.•w Shearer, of Tell township. Kenjainiti Neff, of Porter townsh+p. „toli a B. Nontrhoof., or \Van-tors:mirk A P. Wilson, of Henderson township. uuuel Morrison, of Bailee township. Henry Itav is, er., of West tow itsh.y. Henry Wilson, of Oneida towilbhip. The prisoner was twenty-ore yea-s s,f age on the 22.1 of M.urch IA-t, ands presceted a very boy ish appearance, with a beardless lice, closely er..pped hair anal countenance imlicatice of any thing than it murderer. Ile appeared to be restless said nervous when brought into Court, and was visibly alrccted during the. opening of the ease by the District Attorney. Hewes accompanied icy his two brothers, both witnesses in the ease, and his parents, who reside in Love's Valley, in Shirley township. The parties ale all of English birth and appear to be simple-hearted, holiest people, l,e'onging to that large class of our fureigu population who, by delving beneath the bowels of the earth and developing its hidden treasures, earn their daily bread by their daily tedi. The particulars of this unfortunate affair as developed by the evidence, are about as follows: On the day of the killing, Feb. 19:h, ISSO, the part is were engaged in working in what is known as the 'Douglass Ore Bank," belonging to the Rockhill iron Company, in 11111 Valley, in Crom well township. That mine was entered by a gang way leading into a number of rooms—Some of them unoccupied—whi re the miners moan,: by the light of their oil lamps. Jacob Isenberg, the deceased, and Jacob Gabest were engaged in bring ing car. , in and out of the mine to convey the “re to the dumps on the track at the mouth of the tsis e. The tirst loom on entering the wine was ,-cupied by two miners, nateed Jackson 1:elley nu Win. IL Petersen. The next room was ne• eupied by Thomas Marsden and the prisoner, and at the end of the gangway was another room mi en led by James Bath an.i his son, a small buy, m kin; eLht in ail, so that the eye witnesses to tie tran , aetioo were necessarily few. About 11 o 'cleek on that day two brothers of the defendant, who had been working in the coal wines near Idovdeville, visited him, and were conducted by Gabert into the mine wherehe was working, where they remained fur a short time, sharin-: with him and his partner their dinner. While there, fsen berg. the deceased, came in and engaged in some conversation with one of the brothers, in the course of which he asked him what the wages were at Lloydsyille, the answer being that thcy could tivike a living but that be, the deceased. could 'sake --an independent starvatien." . A short time atter the brothers went away Isenberg. who seems to have taken effence at the remark,camein where Marsden and the defendant were engaged in ma kin,: a blast, and engaged in some conversation wiili the latter, rewar"ing to him that he did not litee the answer given him by the brother ; that he had asked a civil pies , ion and x-pected a civil itewer, to which the defendant answered in sub stanee, that he should talk to them about it, and that if he had given it, it might have been a worse answer Isenberg became incensed at the answer, used seine very I,ff,riFive language ;mud threatened to whip him The evidence of what followed ie somewhat contradictory, but it seems that a fight en.med in the dark, their lights having been ex tinguished in the scuffle, but which resulted in the P - .i-oner striking the deceased with a miner's shovel on the side of the heal, inflicting wounds whi -h caused his death about 10 o'clock of the same evening. The evidence as elicited from the witnesses put on the stand is substantially as : rult THE COIMONWEALTH. tir,t qitne,s coiled hr the Cononttrtwutlth 17 6.thert who, tteilig tzworn, testified 'as : _ 1e es working in the Douglas ore bank on the ill ti of February last, with Jacob Isenberg, taking ore out of the mines and bringing it out to the waetier. Knew del ntlant, who wee wonting with Thos. Marsden taking out are. 'lts two brothers came in the forenoon of that day. Isenberg had some conversation with them. Ile asked John what wages they got at. Lloydsville, and he told him "a man eta d wake a living, but you could make an indeeendeet starvation." I understood him to use the word "you" to Isenberg,. They loaded the ear and we took it out. and took in another when they were eating dinner. I asked Bath if he would load before dinner and he said he would nut. This was Bath's car. Thompson's brothers were there till we came in after dinner, when they went away. We tee], several cars out before they had any conversation that I heard then. I took a car luta Bath. His son was load eeing and I just got. there when Bath came in, and we heard some loud talk back, but could net en derstend what was said, and I started back, and when I got where I could see they were in -holds, tussling. I had a light. They had none. They were right up on the platform where they shovel the ore off into the car. Thompson was on top and Isenberg had him round the neck under the right arm. They were then on the platform.— Maredon was cowing down. He had a light when he started down hut I think it went out and then he came dawn to where I was. Marsden put his light against the side of the gangway. They tuslod there, both trying to get up, and Isenberg got Thompson turned over and gut on top of him, and both raised partly up, and Isenberg struck twice at him. 1 could Cot say whether he hit him. Hte back was r ght- toward me. Alter leeuherg struck Thompson he jumped up and ran down towards the healing Ile ran past me kuoeking bucket from the wall with his shoulders. Tee that I saw of Thompson then, he was close en Le a arch a shovel. I did not see him take the elat•, I up. He struck in front of Isenberg but I etre ;.1 net say whether he hit him, and then he .track ..gain and hit hint on the left side of the heed lie did not strike while Isenberg was running, as I saw. lie caught un to him bandy to the timbers. When Isenberg jumped off the platform he called out Jimmy ! Jimmy ! to Bath, twice. Ile ran over the platform towards Bath, and Thoutpsen was running after him when I saw him first nearly up to him. I next saw alarsden some place h.nudy ta where they were. Isenberg appear.' to be ttying to get behind Marsden. I dee't knew where he was Lit the arst time. The everina time he was hit on the left side el the head. I , m:berg jerked user and gut behind Mereden. I • under :aired him to }whew —Oh, my !" When Themphes ciente toward him with the shovel he 8 :id "don't you!" He appeared to strike pretty hard. It was au over shoulder stroke. (Shovel • shown.) It was a shovel like that nue. I um tea slue whether . square across tine end or round like that one. Seine are e.quere and some are round. I was about five feet from theta wh n this stroke was ,given with the shovel. Peterson and Jack son Kelly were behind me on the ether side. They c 4 we over from the "breeet." Petereon monk the shovel from him and told him not to strike him any more. Thompson then ran hack, jumped on the platform and piekerl up a pick. ieenberg sa:d :key matt flint would strike with a sherd was no man et all, adding an oath to it. Thompson sal ; "d—n rlta up or s•lnve the pie-lt threugh piekee up the thitia, to nip right lietel. Ile ti.ok near the nti.i.lle of is it 11.11 e. 1-vt0r..1.4 Sii t , o I! `• F.,incny eu in e meet at :ill I,:r letting any uetu strike itte ai•it tee shave! " I tele Istrihrerg to c u rve e way and inc got iris hat while and went lease with one to Bath's hemline. ieenberg had gloves on, with buekeltin getini tete and Ilk cant en, Lilt net hummed. The mine where the blow was given is eight or ten feet high in the clear jest in front of the first timbers. Ttt wagon said ••: r,ll reit:We:6er I um a rod %tell make g e e e..y hi: this." Chreie-E.eamined: I understered him to mean that is, sine under 21 years .)f age. I had worked with Isenberg since denuary. The mine opens south and the "breasts' itre, UN the west side.— There was no one in the first room at that time. Several rooms unoccupied between Kelly nod Marsden'e. ieenberg and I were out•ide the mine when Thompson's brothers on line, cud they went in with tee when I went in with the eel.. Isen berg was not alone;. lie staid outsaie. [showed them where their biggleer was at work. Thet way about 11 o'clock. 1 am utt sure whether John eat dinner with them or hot. Thompson was hoarding at leenberg's father's sometiiing over WO yards away. Isenberg lived between one fourth and one-hail a futile away. Bath was furthe , t from the opening, Marsden and Isenberg next, and Peterson 91,14/ Kelly rearest the opening_ Eight men there that de e', Neither leenbarg nor I had anything to do on the platform. Isenberg brought his dinner along and ate in the engine house where they washed ore, and when it was time to work we went up together. I think we pushed a. car in. I generally took the ears in to Bath. Bath came up when we were at the end of the g •ngteny. His boy was there, ate' after the fattier came up we heard the talking in Marsden's room, 110 feet away. It, wee dark and the gang way is not straight. I could not understand a word that was said. I had a light in my band, and atter I heard the noise I went back towards the mouth of the mine. They were in a tussle when we came there. Isenberg was a little larger man than Thompson. I did not say to Marsden "let them alone." I said "let them be a bit." I did not think when I said it. I did not want them to he let alone u'intil Isenberg would whip him. I don't just kM3w what I meant by that. I did not care mere for one than the other. Isen- berg was down on his hands and knees when Thompson was on him. Both appeared angry. lint was striking at his head as near as I could toll. Isenberg did not take Thompson by the threat that I sew. I never heard an unkind word hetw• en thrum befere that day. I don't know whether Marsden wanted to part them or not.— !loth were using rough language. I did not hear Thompson say anything about hisside being hurt. I know nothing about the beginning of the quar rel, or who struck the first blow, or whether Isen berg had knocked him down before I got there. Marsden was tee only man, as far as I know, that was present when the fight began. [At this point the Court adiott••••• .1 till 2 p. n., when the cross examination t•fi .. • with -s was resumed.] I had a 1.0,11 t. vilvn I came to where Ita,h's boy was at work I don't rememker or Marsden asking me how I got ;here without a light. I did not see Thompson's lamp tit ,fter the fight was over; uuo't Ist:ether on he platform or on the :4"lgwaY vvmemher of Morales saying "now, Jake, ou Love dime enough ;" don't re member of 'I hompson saying "Jake, if you had not jumrcii up hr re ant stroek tilt. twice. I would noz heve :.•• :::.\;t:itrz to yen ;•• don't remember what Ite di I s •Fi•ey were both talking and jawing ea-I: ,:I;erg: went home in about an hour aft: r•• •!- I have not b e e t]: f ee ling un tow., •••••.1 . • E. ••• •• —Am a i•icil mitt ng engine:•T. and Mentifiel a leap or the in nit : . FUT% iwiieatins the pi,4lion p the time, which was in i! wirkitig in the mine at time et . titin!,:ta Keiiy and I. Kelly hal looed to me teat ria,3 was a light in the other breast. They were down when I got there, Thotap sen on Letitterg tussling. lsetiberg gut up off his Mick. I :el a light They Lied none. When Iseniat g.-,t up h.. "aim' of strack at him ; don't know whether he hit hint or nut. Isenberg ran towards the heading, and hallooed "Jimmy! Jimmy !" to Lath. Thompson followed fast with the shot el. I did nut take notice where the shovel lay when be got it. It was a miner's shovel I did not look at it at the time. Isenberg ran to where abe , t wus eta.nding between the breast and the heading near the timbers. I could not say for sure whether alabest had a light. When I first saw Marsden he wa, in the gangway. I don't know whore he was when they were engaged on the platform. I sit not see hire going into the gangway. Ho omit have been there. Ido not remember whether be had a light. I would have seen him coming down if ho had not been down when I got there. Thompsen then followed with the shovel. I esiuld not just say how he W.l hold hag it. I think.in both baud& When I saw the first blow struck I think Isenberg was pretty near the timbers. I was too for away to see whether he hit him or not, but anyhow they turned both together to come back. I don't know what dis tance between me and Marsden. They stopped and Isenberg grabbed Thompson by the throat and choked hire. I think Isenberg had stopped when Thompson struck him. Isenberg was struck the first blow, if at all, on the back. I thought from the way Isenberg was running that he struck him in the back with the shovel, if he hit him at all. Isenberg took Thompson by the throat with both hands and Thompson held the shovel in his hands. Tiosepsou did nut say anything till Isen berg left him go. Isenberg did not may anything either at. the time. lie weet to run behind Mars den a hen Thompson turned with the shovel and said, '6l'll show you who you are choking !" Isen berg let him go with one hand. He had rot hold of the shovel with one hand that I saw. Tommy was standing just the other side of where ho had been cho..ed, I think, within reaching distance. Thompson said he would show him who he chok ed, with oi her language to it, (d—n you). Thomp sOn then struck him with the shovel again twice on the left side of he head. I don't know how far I was away then; as far us to that railing per haps. I hail a light, Kelly had a light, and I don't know who had the other light, I think blabert had a light. I don't know whether there was a lamp un the site of the gangway facing the Marsden slope. I was on the felt side of the gangway as you go in When he struck the last two blows Isenberg was in behind 'tummy. He hallooed , •Oh, my !" at one of the strokes. Isenberg had no weapon lle had his coat on and gloves with buckskin gauntlets. Isenberg was not striking back at that time. The strikes were delivered at the left side of his head with the back part of the shovel It was an ever shoulder stroke. Eight feet or more Irwin railroad to roof. I then went up to Thompson and caught hold of shovel and told him not to strike him any more. He held on to it a minute and then let go and jumped on the platfirn awl grabbed a miner's pick that was lay ing there, and told Jake that if there was any more of it he would rut the rick into him; think he added an oath to it. Isenberg came out then and - said a men thst used a weapon like that was a coward Isenberg had nothing in his band clu ing the trouble. When thompson picked up the pick Marsden put out his hand and told him to bold on. I did not see him doing anything before tnat. Ile had no light an his cop. t-_ , ;tw no light hang ing en the will be:ide c,.. c „. e. ,.„„„•„ a d —When the fight commenced I went first and Kelly followed with a light. Don't know whether tlaberthad a light all the time. I did not see tae commencement oe' the fight. Isenberg turned Thompson in the strnggle and then struck at him °ace; don't know whether he hit him or not; nettling to prevent him. Thompson ran across the platfuriu. I did rot notice where the shovel was laying. Ile did not go out of the way to hunt it. It was 13 ing there with the pick. Isen here did not turn around tiil after the stroke and then seized Thompson I,y the throat and choked him; don't know whether with both hands or not. Isenberg was a little heavier wan than Thomp son. He ran behind Marsden when he let Thom!) son loose. This was when be struck the first stoke and choked Bill. laenberg raid he was a d—d hog to use such a weapon. Thompson made no effort to strike with the pick. They were quarel ling all the time I was there among themselves. Hard lumps of ore on the platform and solid rock at bottom of slopes. A man falling there would get a hard fall. The last two blows were struck while within a yard's distance. I heard Thomp son say he was a minor and would make him pay for it; did nut hear Lim complain of his side. Did not know he was so exhausted that he could not load the next ear. Jackson Kelly, sworn—Witness was Peterson's partner and working with him in the slope when the fight began, and corroborated his statement as to what they saw after coming to where they were fighting, the choking of Thompson, the strokes with the shovel, Isenberg running behind Marsden, and describing the stroke as a right handed and an User shouldered one, delivered with all his might. le also corroborated Peter son as to the taking of the shovel from him and his picking up the pick. Did not ,see Isenberg seize Thompson by the throat; saw him make a grab fur him or the shovel; did not hear Thomp son say be was choking him; did not hear Thomp son complain of his side. James Bath, a/ firmed—Was outside of heading at the time I.eutterg and Ga.bert took car into drift, and my son was working alone. When I came iu hearing the first. words I heard were Isen berg's remark that when he asked a civil question he expected a decent answer, and Thompson say iug, "it ergs not me t bat gave you the answer and you must talk to thew. If it had of been me you would have got a great deal worse one," with an oath to it, and i then passed in out of hearing. G.abert was there at the end of the car when I went in, and started back towards where Marsden and Thompson were working, and then we heard the loud talking and scuffling. My son said "Pap, they are fighting there, let us go back." I said mind your business, I have nothing to do with the tight, and before the ear was filled °abort and Isenberg came back into the drift, blood running out of Lenberg's left ear, I think, and down his cheek or temple. Went down to Marsden's slope after tilling the car; nut inure than five minutes Don't remember the first words said there but the general talk was about the tight. Remember of Thompson saying he was a boy under age, and had a right to defend hiaiself with anything he he could get hold of. I said to him, "if you are a boy as you claim, and under age, you should not be so saucy to men, and give them such saucy answers." He was very angry and said be would hit any man with anythin; he could get hold of, and the way he acted I was afraid he would hit me and I said, '`yeu mind and don't coins in con tact with me or I'll kick your guts out." Just then fade, the mining boss, came iu and I had no further conversation with him. (,'rues examined—lt was nor more than fivi• min utes from the tinpl I reA,hed my slope till Cabert came back when the tight was over. When I pass ed into the healing and heard the conversation between Thompsim and Isenberg, Thompson was up in the slope and Isei ,, eig d we in the gang• way and nu car there. Isen• erg had no business there Si tar as I ko-w. Thompson was up where his work was. (labert w s not with him. Isen berg had stoop , ' whero Thompson was working. I cannot tell exactly where Thompson was stand ing when 1 went into the slope. 1 have seen where they kept the "little giant powder" think Thompson was standing there then. tie might have been half way between where they were inking the blast and where they were pre paring the powder Isenberg was standing about opposite the platform, in front of the large open ing there. I cause in and pa,sed out towards the tither end, without saying a word. Marsden was away up in his stole where the blast was. Think 1 was past Isenberg when Tnompson made that reply. Hurry Eo.ie, nilite buuoe, uifirmed—First saw Thompson atter the struggle u 1 at his breast in the slope, and Isenberg in the engine house, near the washer. The blood was running out of his left ear, and hlt.md coming in here from his brow. I came into heading No. 2. where they were work ing. Thompson 15 or 1S feet from Tommy; can't tell what Tommy was doing. Bath was present and 1 think Peterson. 1 said "Bill, you can't work any more here. You can take up your tools and leave," when I heard how things had been, and he said "very well." Isenberg had told me about the difficulty. Marsden spoke in his behalf and I said nothing more to Thompson. Cross-examined'Alarsden told me how it or iginated: That Isenberg came along there, and if he had passed by and said nothing, nothing would have happened. Johnny Bath, sworn—Was working with father at end of heading; was there when Isenberg came back, blood running out of his ear; said he was going down to wash himself, and went out of mine with Gabert ; was down at Isenberg's that evening afterward and saw Thompson passing; asked me to help him carry his bundle; then asked how Jake was; told him not expected to live; he said, "My God, I can't help it," and laughed and walked on. Cross-examined—Don't know what ho meant. Did not say it was not his fault; did not complain of being unwell or say his side was hurting him. Matthew Sechrist, aprined—Earle called me up to take Isenberg's place, bud I met Thompson coming down. Said ‘.tliis is a pretty thing you are doing up there," and he said he could lick any son of a b—h that was there. Wilt. 11. reterrost, recalled-1 did not Fny,.Take. u are a coward °begin with the boy, you ehould have said it to his brothers. I said he was a rower.' or something was wrong, for the way he had Billy he -could have kicked the face off' him. I would tell Marsden anything to get him off; was not on oath then; don't remember what I told him. I knew there would be a suit about it. Mrs Mary E Isenberg, affirmed—Am the widow of Jacob Ireub rg. lie lets home in the morning nhout 7, well; next saw him after 2 r. n., same day, Feb. 19th. Badly hurt. Blood on his face and head and running out..if his ear, and the cute on his head; helped him to low,ge and corn nieneed bathing his head. He was so weak he could not help himself. Asked him what was the matter and he tred to smile and said he had been o.td:y hurt. After that he did not spea'a only when I spoke to him. Did not notice his children. Ilad three children, the oldest past four years, the youngest past seven months. Don't think he was perfectly conscious half an hour after coming home. Did not notice hie father when he came. We sent for two physicians, MaNite, of Siiirlcys burg, and Browning, of Orbisonia. MeNite got there between five and six, and Browning after eight. He die.l about ten that night. lie re mained uncons-ions till death. 0, ,, q5-examilled—Two cuts on his head ,sr, rizht side and top; lett ear bruised and }Atop! running from it. Ile was twenty-nine last October; don't exactly know his weight. Jun Tee Coljate, szeurn—Thompson was at my place in Cromwell township, on that evening be tween five and six o'clock. He said "I suppose you got the dispatch ?" and I wade him no an swer, and he says'•you know what I mean." I said "I got a dispatch that you had killed Jake Isenberg," and I got on my horse and started. Cruse exanthied—He used the word "dispatch." I know nothing about the man. I had just come from Isenberg's and knew he would not live. I had gone for Dr. McNite. Taylor Steel, sworn—Made the information and went with Constable Withington to make arrest; got there 2 o'clock at night; asked for William; found him in bed. Ile said "how is Isenberg ?" Says I, "he is well." Ile asked going over if Isenberg would be in town next morning. With ington answered, "it makes no difference." lie says "it I had got anothn lick at him be would not have wanted any mor©" Withington said, "Billy, you bett , r be careful how you are talking." Cross-examined-9m no relation of Isenberg or any of the family. When I said be was well I meant he was dead. Thompson.lived in Love's Valley three miles from Shirleysburg, and %Vial ington rode alongside. . Dr W. P. ilic:Vite, sworn—Was physician in charge at time of his death. Made examination of his person. Two slight cuts on right side of bead one-half inch long, looked as if out by some sharp point, not by knife; not down to skull; skin ruffled up on left side and blood oozing out of left ear. Made post mortem examination next d-iy with Dr. Browning; found clot of blood between skull and brain, rupture of small artery and frac ture about an inch long, extending downward, forward and inward; fracture all on left side; no depression of bone on outside; nothing outside to indicate fracture inside; about eight ounces of clotted brood pres,ing on the brain. (Section of skull exhibited.) Skull much thinner than usual. A blow delivered at the upper side of the head with a blunt instrument like a shovel, would not be likely to produce an external fracture imme diately under where the blow was received. The injury would be more likely at the base. If di rectly on the side the skull would be fractured at the side. The immediate cause of death was the pressure of this blood on the brain, and that was caused by the fracture of the skull and rupture of the blood vessel. The continued consciousness is explained by the escape of blood through the fracture of the internal ear, and at the outer ear. The clot would not form as soon as if there hau been no blood. Had there been no discharge he would have ueen unconscious from the time of the injury. The fracture was about four inches, and the shorter one about two. The brain weighel forty-four ounces : He died ten minutes past cen. . . Cross-examined—The clotting of blood on the brain was caused principally by the ruptured artery. That could not have been caused by an injury at the other side. If a man would fall with the top of his head on a flat sur face the frac ture might likely be at the base of the skull. The location of the injury is no indication of the ex ternal violence. I do not think from the state of the fracture that it. would he caused by a fall on the head upon a rock. It would take a hard knock or a high fall to produce the fracture. A hard fall might have done it. It might not take much violence to rupture an artery. The injury to the artery might have been Caused by a tall, but nut that of the skull. Whatever caused the injury to the skull, the violenae must have been applied to some other part of the head. Ile died from compression of this clotted blood on the brain, and that was produced by the rupture of an artery which might have been pr•dured by slight violence. The cuts on the scalp might have been produced simply by striking against some sharp point. 1:;-ci;reet—I would suppose the blow was given from above, downwards and sidewise, from th , .! character of the fracture. The legitimate conse quence of that blow would be a rupture of the ar tery. Death would be the natural result of a fracture of that•iize. Nothing to indicate any mechanical remedy. His _tongue was paralyzed, indicating great derangement of the nervous sys tem. The general system of voluntary nerves lies at the base of the skull. There were no other in juries to the head that would have caused death J. 11. Lightner, eeg., affirmed—Am the Justice that took tae information in this case. Thompson laughed when I remarked, after returning from the inquest, that it looked like a butcher shop.— He said in a laughing way that it was Isenberg who was the cause of it. I had not mentioned to him that Isenberg wis dead. Cross-examined-11e told me that Isenberg knocked him down twice. Court adjourned until 7 P. II EVENING SESSION, Dr. iV. T. Browning, at lirmed—Witnesi was one of the attending physicians, and arrived there about 9 o'clock. The section of skull was shown and identified, and in regard to the nature of the injuries and the cause 01 death, the witness sub stantially corroborated the testimony of Dr. McNite, the other attending physician. Commonwealth rests. MR. EPEES OPENS FOP. DEFENDANT. Thome* Thompson, sworn—Witness is father of the prisoner; 62 years old. Born in England, and came to this county in 1865, and contradicted the evidence of the deputy in regard to refusing to let them in when they came to make the arrest. B. F. Africa, a f firmed—Draft made by witness, shown and identified, witness having been ein ployed to make a survey of the breast of the mine. John Thompson, affirmed—Am a brother Lif the prisoner, and was working last February in Lloydsville, Cambria county. Brother Peter and I came to the mine from h'.me, on the forenoon of the 19th of February, bringing a vest for William Saw Isenberg and tiabert at mouth of mine; had only a passing acquaintance with Isenberg. Gabert conducted us into where William and Mars den were working. Isenberg came in and asked where I was working, and I told him; asked how much I was getting; told him was doing pretty well before the strike ; asked me whether I thought he could make anything there; told him he could get an independent starvation, anyhow, laughing; did not mean any offence He appeared to get angry at what I said, and answered that he could take out as much ore as the next man ; told him I did not doubt his word and he started on. They had commenced eating dinner; don't recollect what Marsden said. Saw Isenberg when we went out and bid him good day. Cross examined—clad been in Isenberg's store when he lived in Shirleysburg; never bought any thing there to my recollection; was not at his house during a disturbance hetween him and my brother. I gave him a civil answer, but suppose he was offended. Our only purpose there was to see William and take him a vest. We had a half pint vi brandy, that I got to cure my cold. I took two little sups and Peter one, and then I treated Marsden out of the s,,me bottle. Brother and I are not in the habit of drinking. Peter Thompson, sworn—Witness is the other brother of tile prisoner, who was visiting him at the time, and corroborated the testimony of the last witness. Thom , ts B. Mrzreden, sworn—Witness was the man who was working in the same route with the prisoner, when his two brothers came into the and corroborated the MA witness as to the time of their coming in, the bringing of the vest, and eating dinner; afterwards we went into the chamber to put a hole in, and whi!e there Isen berg came in to fetch out the car that Clabert had taken in LWitness relates the conversation be tween Isenberg and the prisouer ] Isenbergsaid, ..1 old not like that answer." Says I, ••I don't think he thought anything; he w is laughing all the time." Ile says, "when I ask a eiv.l question I want a civil answer," and William said, "per haps if you had asked me, you might have gut a rougher answer than that," and they got into rough conversation and William said, "why not say it to my brothers, and they would have answered you?" and then they had some rough discourse and I said, "I don't want to have any bother," and went to the scaffold to make theshot. Jake says, "I don't like that answer you gave we, and if you will come down hero, I'll kick the s—t out of you, you damnation, lousy hugger." When I get to the centre prop, I hoard the scuffle on the platform, and I turned round and saw Isenberg on the platform, and saw him strike Thompson, who went down and his light went out. I went up to the hole and they were quite still. When I went down again. Isenberg was on top of William and was punching him. I said, "now, you have done enough, get up and let him alone." fitabert stood down on the level and had no light, and said to me, "Tommy, don't have anything to do with it. Let th ei light it out." Then they got up and Thompson said, "now Jake, you have struck me twice, and I have done t.othing to you. I am not of age, and if I live till to-night, I'll go to nhirleysburg and sue you." They then met one another and Jake struck at him, and Thump non went down. Isenharg's foot slipped and Thompson got on top of him, and Isenberg hallooed, Bath ! Bath ! and I said, "now Billy, get off. I'll have no more of this." Isenberg was then down with his head on the ground, and bri was punching him, and as soon as be got up Isenberg ran away, and Thompson got the shovel in this position, and ran at him ; saw him running and I run out then and be was just striking at bim the last time. Isenberg had then gut his hand on his throat, and Billy then tat him on the side of the head with the shovel. Then I went between them and Isenberg came running towards me and rah against a bucket, which fell down, and then Isenberg got behind me and put his head on my shoulder, and the blood ran down on my arm, and I said, "Billy, if you strike another blow, by G—d knock my fist into you." Then Billy ran back and Peterson took the k hovel out if hi.; hand, and after that he jumped on toll of toe platform, and picked up a peck, and I said, "sow Billy, go back to work." Isenberg said, "Billy, you are a d—d coward to strike me twice with that shovel." Billy said, "I have norbing for it, and if I live till to-night, I'll go to Shirleysburg and sue you." Isenberg went down to fe.ch the boss up, and when he oauie back he said, "Tommy, you are as bad as he to let him hit me with that shovel," and I says, "I did all I could to stop him," and he says, "I know you did, but you should not have let him hit me with the shovel." William complained of his side afterwards. No person was there but We and Isenberg and Mere den when it began. Isenberg struck the first blow. Crovt-exantinsd—When I started to make the shot I hod nothing but my lamp. Billy was to bring up the shot. I then went up to the centre poet, ten or twelve feet. That is where I first turned round and silw bim get off. Isenberg had a lamp when he first came in carrying it in his hand. Thompson carried his on his head. Both lights were out after they had struck and I went on up. The reason I did not separate them was because I did not hear any noise and thought there was nothing gi.ing on. When I came hack they were clutched. 1 was beyond the centre post when Jake jam e.l on the platform and struck Billy. It might have been three or four minutes afterwards. I had cleaned the hole out and they were there in the same position. The light went out when I saw him knock him down. Gabert had no light. Thompson lit his light to work with afterwards. All the lights I saw were Peter son's, Kelley's and mine. I never saw but one blow struck. I said to Jake, it's your own fault, if you had never struck that lad there would have been.nnue of this. ICAu have no one to blame but yourself. He did not tell the I could have stopped him if I had wanted to. I was supeenaed by the Commonwealth and went to Mr. Woods' office and gave my statement. Defense rests. REDUTTAL, li, ry Eade, swore—l said to Marsden when I came into the mine, "Tommy, what did you leave them batter Jake over th- head with a shovel for?" lie said, "I tried to stop Rail I could." Isenberg then said, "It's a lie, Tommy, and you are as bad as he is." I don't think Marsden said he did not know who commenced the rumpus. James Bath, recalled—l had no conversation with Marsden in presence of Isenberg after the troubla. After Eade came in I had nothing to say. Marsden went on to explain how it happened; don't remember that he said who struck the first blow; I heard Isenberg saying "that's a lie, Tummy," etc., but don't remember what Marsden said. Richard Colgate. eeq., sworn—Was in attorney's office when Marsden was examined. He said ho did not know who struck the first blow. Ev idenee closed. ARGUMENT, The opening speech for the Commonwealth was made by District Attorney Orlady. who was fol lowed by Hon. It. M. Speer, for the detense, and the concluding argument was made by W. 11. Woods, esq., in behalf of the Commonwealth The fact of the Killing was undisputed, but the principal part of the argument on both sides was directed to the cause of the injury, or at what stage of the struggle it was received. The Com monwealth claimed that it was the result of the blows from the shovel entirely, while the theory of the defense was that it was the result of the fall of the deceased on the hard rocx floor of the mine, during the early part of the struggle, when the parties went down and the lights were extinguish ed, or by the blows or injuries given and received in that struggle. The adoption of the different theories would have a very material bearing on the eiaracter of the offense. if the theory of the defense could have been sustained, that the fatal injury was caused by the first affray • n the plat form, that affray having been brought about by Isenberg jumping on the platform, a place where his uuty did not call him and there malting a most violent assault on Thompson who defended himself with no weapons but his fists, and in re sisting the attacK 'lsenberg 'was thrown on the hard rocx fluor the concussion fracturing his mull or rupturing an artery, then clearly the defendant would not have been guilty of any crime in the eyes of the law, because he had the right to resist such an attacK and to protect his person from the assault of his opponent, even if death was caused by such resistance. But if the theory of the Com monwealth was the right one, that death ensued from the stroxes given by the prisoner with the shovel, it would render him guilty of either mur der in the second degree or manslaughter, accord ing to the amount of malice shown and other facts and circumstances attending the affray. The argument of counsel closed at 5 p. m., on Friday evening, the Court then adjourned till 7 p. m., when the charge of the Court was given, and the jury at 10-4 p. m. returned with a verdict cf manslaughter. SENTENCE, The prisoner was on Monday afternoon of this weer( sentenced to two years and six tuoaths im prisonment in the penitentiary. In passing sentence the Court remarked to the prisoner as tollows : The jury have found that on the 19th of Febru ary last, you Killed unlawfully, your fellow men. Jacob Isenberg. By their finding in the issue summed up irom the evidence here, they deter mined this fact, that you struck him unlawfully. It is found, however, that there was no malice in your heart when you struck him. They find that you were blinded by passion, and that teat pas sion aro a from sufficient provocation. Now, in that finding, they must have adopted one or the other theorie of the defense, as shown by your own witnesses as well as to some extent by the evidence of the Commonwealth. We are inclined to concur in the verdict of thejury. We think it was right on the evidence; that there was ample evidence from which they might find just such a verdict, and that is, they find that Isenberg went to where you were working, and where he had no business in the performance of his duti s; that he jumped upon the platform, which was probab y occupied by you and Marsden alone, hot words having probably been passed, and that he there struck you once or twice—certainly once, and probably four times; that you were Knocked down and that he got upon you, and in the darkness of the mine that he attempted to flee; that you seized what first came to your hand, it being entirely dam at the time, and if you had put your hand first on a stone, probably you would have used that, but that the first thing your hand touched was a heavy shovel and you took that in your hand and followed him twelve or thirteen feet, and when you were certainly in no danger, you struck him a blow, and smote out his lite with the heavy shovel. It e may be that the uafortunate consequences would not have ensued if he had been a man of different physical organization. His skull, as testified to by the surgeons, and shown to the jury, was an unusually thin one, but what is the thickness of a man's skull we do not anew before we strike him, and no party has the right to assume that any skull will withstand such a blow as you delivered at him ; whatever may have been the weight of the weapon, or the frai character of the man's skull, his life ended with that blow. Now then, clearly, that was an unlawful blow, and we do most decidedly agree with the jury in so finding. We are incline t to believe with them that at the time you struck him you were blinded by passion Ind scarcely Knew what you were doing. He had already gives you two blows at least; he was a man superior to you in strength; that he had provoked the quarrel in talking t you about an alleged insult received from your brother; that in all respects, up t' the point when he attempted to flee, it seems to us yuu were not in fault, but when you attempted to pursue, then you were in fault and acted uala w fully, and having done so, the jury find that the offense is manslaughter because there was sufficient provocation and hot blood. Perhaps, if you had been an older man. and perhaps if this quarrel bad ended as it ~ i d in the death of your antagonist outside of the mine, in the open air and sunlight, the punish ment would have been greater; but we take into considerat on the fact that you p - obably did not see just what you were doing, or that he was run ning end fleeing to the extent of his ability at the time. In the darkness of the mine you may not so believed. We take that into account, and also the fact that you are a young man; that it Still remains for you to be a good man. On the find ing of the jury the stigma on your character is nut by any means as great as if they had found you guilty of murder. The jury found that you were acting in a terrible passion, and that passion is an infirmity of human nature, which may be aroused by blows from another, especially unju.t blows, and the stigma attached to your character from a conviction, is not near so much as would he to that of murder in the second degree. which they might hare found on the evidence , . T into view the fact of your youth, being tut past twenty-one ; that you had not, so far :tat ap pears from the evidence, hither o displace i vi elms propensities, and the further fact that y sr parents are aged, and to some exto•it dependent upod you, we make the sentence as light as we can. The law allows us to make 't imprisonment from one to ten years, but we do not propose to reach anything like the maximum. We hope tha t when your time expires you w •it return to your home, and endeavor to live a life of peace hereaf ter. Truly, you will have paid dearly for this giving way to your passion, and your poor victim has paid dearly fur his passion, and his poor (am ity have paid dearly, too. This ought to teach you and others to restrain your evil passions and be guided more by a desire to live peaca.bly with your fellow men. The sentence is that you pay a fine of $lOO to the Commonwealth of Pennsylvania for the use of the county of Huntingdon, and the costs of prosecution, and undergo an imprison ment at separate and solitary confinement, at labor, in the Western Penitentiary, in the county of Allegheny, for a term of two years and eix months, AN EYE REMOVED.—With big Usua l skill Dr. W. F. Fundenhurg, the celebrated Oculist of Cumberland, Md., removed the left eye of Jacob Hause, on Tuesday, at the . Odle House. The history of the case, as we have been able to gather it, is as fellows: About a year ago Mr. Hause, while engaged in min ing, ruptured.the left eye internally by inju dicious and excessive lifting ; it soon com menced enlarging and to so great an extent as to press upon the nerves and endanger the sight of the remaining eye, rendering the re moval of the injured member imperative. The operation was performed with that skill and rapidity only acquired by extensive practice. He will not only retain the sight of his single eye, but there is ev.ry reason to believe that. it will rapidly improve its functions, ,tow somewhat weakened.--Afeyersdale Commercial, Smerset county, Pa, THE (;REATEsT BLESSING —A sitoWe, pure, harmless remedy, that cures every time, and prevents disease by keeping the blood pure, stomach regular, kidneys and liver active, is the greatest blessing ever conferred upon man. Hop Bitters is that remedy, and its proprietors are being blessed by thousands who have been saved and cured by it. Witt yen try it? See another Column. Lupr.23-2t THZ HOLLIDAYgBURG 1 7 111 E.—In la t week's isiaue of the Jorax.i.t, we tnblished a Iniel paragraph containing the information that a detlructive fire had visited Hollidays burg on WeilneAay afternoon, the 1401 inst.— Since then we glean the following particulars of the conflagration : The listens started in a suable, about 4 o'clock in the eveninri% and it is supposed that an incendi,iry applied the match. The build ing was owned by Mr. Charles Jewit, and was located on Wayne street. between Allegheny and Mulberry streets. It rapidly communica ted in its degtructiv.i eniir, - -e to ether stables and houses on the alley, and PA. two , -, viares the only stable Lett standing. is the one on the Kinkead lot, owned by Mr. James Condron. As soon as it was discovered that the fire was beyond the control of the local firemen, a telegram was sent to the Altoona Fire De partment for assistance, and the Vigilant Steam Fire Engine was promptly dispatched to the scene. The placing of the apparatus on a truck occooied some time, but the run over the brunch road was made in eleven minutes after the engine started. The Altoona firemen worked wed, and to their untiring cilurts is due the great credit offinally quench ing the flames. The list of building's destroyed is embraced in the followin,g: Double cottage owned by the Rollins Brothers ; g,rreen-house and dwell ing of Frank Proctor ; Dr. C. Irwin's large brick house, corner of Allegheny rod Penn streets; two frame houses adjoining, owned by the sane; brick house owned by William Thomas, and a small frame structure, the property of Mrs. Lewis. The list of stables burned is t large one, and they were owned by the following named persons: A. L. Ilolli day, J. Burklioiraer, Samuel McFadden, Hon. Thad. Banks, Samuel Milliken, William Wil liams, A. F Osterloh, W. Gardner, James Patton, Mrs. Reynolds, Col. J. A. Lemon, G. I. Davis, J. M. Kinports, C. G. Lowry, McFar lane heirs, two stables on the Dr. Irwin lots, and one on the William Thomas lots. 6everal ice-houses and many outbuildings, as well as fences, grape arbor, fruit trees, etc., were destroyed. The raof of the residence of lion. John Dean was on fire twice, as was also that of lion. R. A. McMurtrie's house, but by the united efforts of the firemen and citizens their buildings were saved. A number of other houses took fire from the burning shingles which were whirled in every direc tion, but the conflagration was confined within the district above mentioned. The total les.: is set down at $20.000, and there is an insur ance on some of the properties which will reach an aggregate of near $lO,OOO. CANCER CUT OUT.—About nine months ago Mr. Daniel Fletcher, esq., cf Monroe town4iip, noticed a small sore on his lower lip, which gradually increased in size despite all medico.: treatment. Lately it began to spread and soon involved a large portion of his lip. Upon examination it was found to he a cancer. It was Icund necessary to remove this tumor to prevent its spread, otherwise death would be a certain result. On Wednesday last, Dr. W. F. Fundenburg, of Cumberland, assisted by Dr. Enfield, of Clearville, performed the deli cate operation. It was an entirely successful one. A great portion of the lip had to be cut away to insure no return of the terrible dis ease. Mr. Fletcher stood it heroically and without the use of anaesthetics.—Bedford Ga zette. ANOTHEII DIAL BEWKEN:—During the heavy rain and 'kind storm which struck this place on Friday evening of last week, the dial in the west face of the town clock was crack ed to such an extent that a good sized piece of the glass fell out, and the dial is now com paratively useless. This makes two dials now needed, and as glass dials are an expensive luxury we understand that the borough fath ers propose to supply the place of the broken glass dials with wooden ones. As the illum inating of the clock was voted too expensive long ago, we do not see why wooden dials. neatly painted, would not serve the purpose just as well as glass ones. If we mistake not, the dials of the clock on the State Capitol building are of wood, and they are painted and tiaished in such a manner that they can he seen a great distance off. We think the Council will act wisely by trying the wooden dials. EYE BADLY INJURED —List week Mr. G. E. Jenkins, who resides on Humbird's farn, three miles below the city, met with quite a serious accident. He was plowing in a field, when a thorn struck him in the left eye. lie came to the 'fity and was attended by our oc ulist,•Dr. W. F. Fundcnberg, who placed him under c,,lorolorm, and with difficulty removed the thorn. 'none' the eye was torn almost from the socket and the thorn was in the ball, the Dr. is of the opinion that eventually be will recover his sight.—Cumberland CRO KA SETTS From Oueliar up, at the JOURNAL Store. First-class good 4, and the-cheap- . est ever sold in this town. Base Balls from 5 cents up to 25 cents, and Bats from 10 cents up to 25 cents. Is Your Hair Falling, or Turning Gray? "London fair Color Restorer," the most cleanly and delightful article ever introduced to the American people. It is totally different from all others, not sticky or gummy, and free from all impure ingredients that render. many other preparations obnoxious. It thickens thin hair, restores gray hair, gives it new life, cures dandruff, causing the hair to grow where it has fallen off or become thin, does not soil or stain anything, and is so per fectly and elegantly prepared as to make it a lasting hair dressing and toilet luxury. Lon don Hair Color Restorer is sold by all drug gists at 75 cents a bottle, or six bottles for S 4. Principal Depot for United States, 330 North Sixth street, Philadelphia. nov. 28-ly NAusEous medicines seem all that the doctors can think of. Try "Sellers' Cough Syrup," and you will be doliglited beyond measure. J. J. BROWN'S Carp I and Furnittve Store has always been noted for its large and varied stoceto select from, but this Spring's invoice of goods throws far in the shade any other season's display. His stock is simply immense, and is marked away dowa in price. Go and see the goods and . hear his prices. aprl6-3t. "An Old Physician's Advice" Coughs, Cold's, Asthma nod other pulmonary affections should te looked to and promptly treated in time, and thus all serious results may be avoided, and for this purpose we know of no better remedy than "Da. SWAYSE'S COM YOUND Sr ace OF WILD CHERRY." The first dose gives relief, and it is sure to cure the worst Cough or Cold in a very short. time.— Try a 25 cent bottle and be convince 1, and you will thus avoid a doctor's bill, and most likeiy, a sficil of sickness. Price 25 cents a of p:•r bottle, or ,ifc The 1110.4 rrepar..-11 un:y by Dr. Son, 330 North street:, Philadelpoia. :Sold by alt prominent drugists. i Noy. 28-Iy. 1 - SE D11.4 - AN DYKE . .s SULPHER SOAP FOIL all fieciirms of toe SKIN and SCALP•; td t,, for the lf.ttlf, Toilet and Nursery. Sold by Druggists. uf Ay 2-10 in. THE VOLTAIC BELT CO., iklarSb 411, Michigan, ‘1 ill send their celebrated Electro- Voltaic Belts .to the afflicted upon 30 days trial. Speedy cures guaranteed. They mean what they soy. Write to them without delay. Nor. 2 I I.v. ONE of the most argent demands of our time is a system of education which shall train the young to apply their school learning. At the Pennsylvania State College practical in struction in Agriculture, Horticulture, Botany, Zoology, Mechanics, Chemistry, etc. is given, and thus theory in the class room is applied and enforced by experience in the field and laboratory. Spring session opens April 9th. For catalogue and full information address the Business Manager, State College, Centre Co., l's. April 2-11 n. -FEW OF TEL ILLS 01' LIFE" are more prevalent and distressing titan bil ious disorders. The symptoms are low spiri.s. want of energy, it:stlesness, headache, no ap petite, sallow skin, costiveness and other ail tuwlts which show the liver is in a diseased state and needs regulating, and the proper way to to it is to ti-e "Da. SWAYNE'S TAR AND SARSAPARILLA PILLS." Their effect on the liver and blood is wonderful, removing pim ples and all eruptions, leaving the complexion fair and fresh as in youth. Price 2a cents a box of thirty Pills, or five boxes for .•.,;41_00. Sent by mail on receipt of price, by Dr. Swayne Son, 330 North Sixth street, Phila delphia. mold by all leading drturgt,:tA. nov. 28-Iy. PitoHT $1.200 • . 'fo sti4l it up, six !oog years of bed-ridden sickne**, euMing $2OO per year, total $1,'200--ail of this expense was stopped by three bottles of Hop sitters taken by my wife. She has done her own housework for a year since, without the loss of a day, and 1 vraut everybody to know it, for their benefit," Lapr.9-2t. Itching Pies—Symptoms and Cure. The symptoms are mtosture. like prespira tion, intente itchiog. increased by scratching, very distressing., par7i.olarly ut night, asi if pin worms were craw.ing in and about the rectum ; the private parts are sometimes af fected; if allowed to continue very serious results may follow. Dr. Swaync's Ointment is a pleasant, sure cure. Also for Tetter, Itch, Salt Rheum, Scald Head, Ery sipelas, Barber's Itch, Blotclie.:. all Scaly, Crusty, Cutaneous Ernpt..)ns. Price 50 cents, 3 boxes tOr 51.25. Sent by mail to any ad dress on receipt of price in currency, or three cent postage stamps. Prepared only by Dr. Swayne Son, ::30 North Sixth street Phila delphia. Pa. N;ulii by ail prominent druggists. n0v.28 ly. A. CA It D. To all who are suffering from the errors and indiscrutions of youth, nervous weAkness, early decay, lit.s of manhood, &c., I will send a recipe that will cure you, FligE OF ClIAIttlE. This great remedy was discovered by a missionary in South America. a self-addressed envelope to the Ititv. JOSEPH T. INMAN, ,Stotion D, New York ei fy. [apr.l6-lyr. FIVE HUNDRED TIIOCSAND STRONG In the pazit two months there has been more than A0,01r.l bottles of SHILOH'S t'l RE SOLD. Vat of the vast nuaiiier of people who have used it, more than 2,1)00 eases of C.,,,,omptioa have been cured. All Coughs, Croup, Asthma, aad Bronchitis, yield at once, Lin a it is that every body speaks in its pral..e. s'o those who have nut used it, let us Say, if :.ou have a Cough, or your child the Croup, :1,1 you value tile fail to try it. Fur Lanni •flacii, :Stile or Chest, use Shi!,b's Porous A STILkNG,: PEOPLE Du you know that there aro strange people in our community, we say strange because they seem to pref,r to suffer and pass itacir days miserably, wade so by Dy peps a ..nd Liver Complaint, In digestion, CVOs: ipation, and General Debility, when SHILOH. 6 VITALIZER is guaranteed to cure then►. v e have a speedy and positive cure for Catarrh, Diphtheria; Canker mouth and Head Ache, in SULU/ li'S CATAltitil REMEDY. A nasal In jector free with each bottle. Use it it yOu desire health, and sweet breath. Price 50 cents. Sold by all Druggists. Sept.26,eowly. iIUNTINGDOh MAE,KETS turr.ct.d Weekly by Mary & W. LE PaICUI usr..chuvs, PA.. April 22, LSBO. 64 7S fiat, ... 1 10 6 00 t•aisertluir r lour B.,tr.s. Flour -? bbl. lbtiio ii.tunij Flynt' lb god twat Ears per turd Barley Butter Brooms per doteu UeetiWaix per poutid Beaus per Brut Ctoverseed 6 as per pound Corn it oust's,' on ear Corn -hulled Corn Meal . 0 ewt Candles it lb Dried Apples 44 lb. ......... Dried Cherries 44 lb Dried Best lb. .. . Eg, dozen Hops 41 lb Hams smoked Shoulder Side Plaster IA toil ground Rye, flay ......... Lard th new... . ....... Large Onions yS tsnshel Oats PotatoesA bushel Wool, washed ? tb Wool, nnwashesi, Timothy Seed, 45 pounds Feathers Flaxseed . 0 lamb& Philadelphia Produce Market. PHILADELPHIA. April 22. Flour dull ; suverline. $..3 00040.75; extra $4.00 @4.50; Ohio and Indian... $5.50@6.00; PA. do., $5.50@6 00; St. Louis do. $5.75(0.25; Minnesota. $5.250,0.00; patent and high grades, $6.50®5.00. Rye flour, $4.112@4.73. Wheat lower and unsettled; No. 2 western red, $1.29@1.291; Pennsylvania red, $1.30; amber, $1.30(41.31. Corn irregular; steamer, Lleus::e; yellow, 54e; mixed, 5245:1e. aits firm ;No 1, 461©47e; No. 2,45 e; No.:, 43i©44e; No. 2 mixed, 41i(g;12e. Rye dull; western and Penna. -S5(3BCe., Philadelphia Cattle Market PIIILADZLPBTA. April 22. Cattle market dull ; receipts, 2.900 bead; prime 51@51c; good, 5g 51e ; me itum, ®.i.ic; common, Sheep—Market active; receipts, 8,000 head; prime, 7, (y no: goo.l, qr- G , 7e; medium, 6® 6ic ; common, 520,96 e. flogs— Niarket active; receipts, 6,000 head : prime, 71e; medi um. tqc; common, Ne. Zile Altar. SHINGLEE—CHILCO AT—On April 18th, 1880, at the reFidcr ce t.F the bride's parents in Cromwell tp.. by John B. Shenerelt, esq., Mr. Christopher Shingler to Miss Nancy E. Chil. coat. omb. MYTON—At her residence, in W , st township, on the Mil ult., Mrs. Ann :11) - 0n, in the 78th year of her age. FHIEDLY—At Indianapolis, Ind., on March 2Trh, of Typhoid and Malaria Fever, Mrs. Ada Friedly, wife of Allison Friedly, former ly of this place, aged 22 years and 8 months. CHILCOTT—A.t his residence, in Cromwell twp., on the 12th i :st., Mr. William Chilcott, aged 82 years and 10 months. The deceased was the oldest citizen of Cromwell tp.. and his death is mourned by a large circle of relatives and friends. New Advertisements. - BITTERS. [edicine, not n Drink,) CONTAINS , RUCHE!, lIIANDRAKE, DANDELION, rtrEST AND Barr 31IDICAL QraLlll3lll or ALL (=TIME DITTECH. CTIZTWILIEI the Stomach, Bowels, Blood, Liver, :rfnary Organs, Nervousness, sleep. ~cclally Female Complaints. 1000 IN GOLD. a case they will not cure or help, or .4pure or InJurieus found in them. .raggibt for Bop Litters and try them p. Take no other. • mx is the sweetest, safest and best. .Asit Children. 'cr Stomach, Liver and RitineyS h to all others. Ask Druggists. absolute and irresistible cure tot se of opium, tobacco and narectics Send for circular. MINIM di-Ixt.t.- Ifop pluivs s lru Cn Anthem., N.Y as J •• I ARISE TO SAY a ,I.NV .t. , ck fluw 11i444 just hPen re crivrel :tt the hung Store 111)cl-bottom Prices. ALI. THE LATEST STYLES oF PA:I=)= I I I 3EZIMS, METHODIST HYMNALS, 33133zm5, Photo. an Autograph Albums, SCRAP BOOKS, BEAM BOOKS, PENS A, PENCILS, IN ENIOI.E. VARIETY. FINE POCKET CUTLERY, Pocket Books and Purses, \na a t1i.,11,a/p1 and ”n•• nfhPr artier. SCHOOL STATIONERY In large usam,rtment, and YO per than at any viher 11,11 Se in the county . BOOK SATCHELS trout 15 rents up; SCHOLAItz . MPAN lONS from 5 cents up; SLATE; from 5 ,nts up; NASH'S PENCIL I'AD from 5 cent! , up; .ARNOLD'S anti other WRITI7saI kLC- IllS ►utl INKS as :.,w A , . 3C. : erbottk. ALL KINDS OF SCHOOL BOOKS REDUCED 2, PER CENT. ♦ LAILGIE 3ri•QL or FIB' 1 ,- ; SEG AR S. A Sett of Checkermen and Checkerboard for 8 cts, IF YOU WANT BAR4.;AIN:,, CALL AT THE JOURNAL STORE aprld-tf. ~.. 54 i 1 25 10 00 1! tw► l's 2:420 40(946 28 giSO ..... 250 which are marked .I.•wu to
Significant historical Pennsylvania newspapers