N , ThOM. ova ;OnWtoentran Colingt.ronnearr. ' ' PrilidMdillgß....er: Court. • _ .. , I nefin.4 judgei Kifttitt ralaii7 and iftiliZintr.. . . „ COVICUOIr',CiDADTER SESSIONS OP SCHUTL. ' '. KILL COUNTY, OF JUNE SESSIONS, 1647.: ~ . . . ' ' JUDGE STDDER. Presiding. omussmrwalth vi. Ninta'Shay, indicted' for the murderu ofJobsiMeaul. , .. .. . , Conned thiCommonwealth, - -Deputy Attorney Gen 'argil:W:lloom; Johallannan and James H. Ghthip- I •CoutiestarPrithilet, S. 0. Pim, .1.•!C: Haynie and Ite,L4amin Ilatemlome_ . .W. Toe frw,,___, oB e Bll Poltlein. . g anal/Pit: plead not guilty. The touowatillare th e aurora Sworn In the case: - 1 Isaacllk,supon„ I 7 Daniel Bock, „„11 &mei& IlleUMlthr. .1' 8 Charles Christ, 8' Charles - Charles - Craig, 9 Peter S. Martz, .11 DC John Rltzmiller, Itilf Jacob Glace, 'S BaMtlel R ..lit Kepner, II Isaac *branch, - • . 6 Frederick Longabach, 12 Edward Yardley. - The Court then adjournd till to-morrow (Saturday) . morning. Saturdaytg , sraing, June 12. 181--Court convened et ft o'clock. The Counsel for the prisoner moved that the Court caller the witnesses for the Prosecutiolt to be kept out of the Court 11.xess, whin the other witnesses for the prosecutor wore being examined The Counsel for the Commonwealth assented, and urged the Court to make a general order embracing all the witnesses In the case, both these-in behalf of the Commonwealth,- slid theme in hebalrot the prisoner. The Court accordingly ordered that; the witnesses in . tho case .shobld be kept i lit an upper room of the Court How, during the sitting of theiCourt, until they are severally • called, and appointed an officer to take charge of them. , The cese was opened between 911nd 10 o'clock, ky J. H. - Campbell, Esq., in a lucid, able. and comprehen sive manner, after which the Commonwealth proceeded with their testimony. . . . _. Ann - Reese, Sumen.-1 am the widow of John Reese - I wan living by Watkins Pritchard in Pottsvillel,WE and the children were going to, the new house rat St. Clair. I told Reepe he had better go to his slater in Roaring Creek. He said he, would go, In , a day or two:, He said be would and and stay - with :his brother in Wadesville that nit, and come over and see us next day In St, Clair. e and Reese, my sister-in-law Ann Humphreys. and daughter Maly Ann, started between Christmas and New Year to go id St. Clete. Reese was going as tar as Wadesville-we 'went up the East Mir- - wegian Railroad. I wanted Reese to go round, by Port .Carbon with the lead of furniture, but lie told me he was'nt able to walk. We all went it-foiit, going very slow-we had a little child with us, and Reese was not eble to walk fast.' Reese met a gond many he, knew, and they saidtbey were story to see him look io poor. We stopped Brat below Scalpingiown, .0 - • talked to . Vr. Philips-we arm sit down-we client stay many minutes.) We stopped next at Edward Morrison's. house where Reese used to live-she wanted us to come in; I said we hail no 'time-we stayed no time there-we went np so far as the houses al the Delaware Mines, and john talked to several there- wo stoPPed at .Wra. Daniels and Mrs. Porkley's. Jilin went out In the Railroad Tel4le I was giving the child water; John went I.otittefaire tne to the rail rqad and talked to Samuel lion . ter, and therelovertook thetia,and talked to Sa net. Hun ter. -John was on a little ahead. till we came up to Mrs. Brennan's house. Mrs. Brennan called on us and raked me hew we was. I said we was poor-and the child, was ' poor ly. it had been sick four or five months I saw n man standing there ; Mrs. Bristinan'talked a good hit about ~_tike children. Mrs- Brennan came out on the bench and saidls that Reese, aid John said yes it is I. Thiel man ' was standing with a pick in his har.d. and looking down with biscuit over bin head as much as he can-ashen she asked Wit, was John be put his head - up, and she turned her head to him, and nodded to him. When' she nodded first to tbat man, I did'nt take particular notice of him, bat wanted most to speak to him. hut • • was so poorly-i wanted to epealeto him became - he was standing there, and used to live below with his uncle and aunt-they called blot Martin-that (looking at the prisonedisthe Mast. John askedthe old wo • man about her-sons-she said some were married,- and we then matted on, ant was tslkipg about one thing•or another-I was ahead-we, did'ne go very far before I . heard something \like a shot go off, like somebody shooting off alun;'ll looked up towards the mountain where the houses ate-I saw men locking about-1 told ' my aister.in-law 1 was shot-she sitid no it was John had It-I looked round and saw John fall--I thought he was closer tome. than he was.,, Refute I heard the shot, I heard him say Ann. did yotisee that old woman . shake her head at that man; he never spoke again af ter that-he, fell down the bank into the water-one arm he had in n. sling, and was carrying an umbrella in the other hand. I saw this man run 9n before me with a pick In hisband, running up the Railroad. I watch ed him to see-which way he went, and he went toward the Pike-we made a great deal of noose, and no 'one came to help ,us-we halloeed : murder; all of us hal looed-there was a greet number of people all. there ' looking at us, but none came to help us; these people . wire about forty yards off or more ; they were outside of the houses, droves of them tngether-they could see us-we thought they were coming towards us-my sis ter said; will go for some one; I said hold on' here's some Englishmen coming; when we saw them come nearer, she said they are Irishmen and had clubs in their hands. My daughter went on to Wadesville for help. - We called for aid:stance-one man Lcalled by name, I. forget his name-I did'nt flee' him. I did tit hear them say anything but I saw one , man pointing 'his finger towards the way this man did go, to another -they were outside watching on us up, some were looking out of the door, and some out of the window . men and women ; this was on Wednesday evening, a , little after 4 o'clockas much as 1 can think. I told Mre. • -i Humphreys my sister-in-law, to come on for I believed there was a great show to see us come up'tlie Railroad. together; she said she did'nt care for the chow. 1 ' thought a good many were glad to see Jelin come B un ke, ' that,b e was ' ot in the mad house. I thought if some wer savage they could'nt all be. My daughter went to Wadesville, and Just as the people came from Wades . able, &traits came up from Pottsville, they lifted him in the can. Where my husband was struck was about . half Crab ftom Witham ille, And about 30 or 40 yards aboveldre..Drennans'-there ,were hnuses on the hill opposite i where he was struck-one Careflives. in one , - ofthebeases. We took him to his brother to Wades vine. ; Deqemained there till betvireen 3 or 4 o'clock the nett . Morning when he - died. Ile never spoke all • the time, and gave three very heavy sighs Just before he-died.,-lie was Insensible from the time be was struck . ,-Afq. wthstruck on the side of his bead, he had his hat . onuthy Sister held him up out of the creek on her lap. -, ' Joint-Deese was his name-be was not In good health --he ,kr.as out of his mind-we had great work to take him from the Court House. I think ht was out of his mind then.; He was weak in` body and could'nt walk fast. It took us very near two hours to walk frum Pritchardi to Brennan's... Mrs. Brennan was first in': tbehouie. and as she was talklitg, she came out on the notch. -Martin Shay was standing outside the fence.- It is the lame kind of a pick asihey use in the mines.- - Shay bad a blue cloth cap on his head, and a lightish Waistcoat most a buff, and dark'pantaloons, no coat on. He had lived by as between the Rest Mines and Scalp-, ingtrivrit. Ile was a single man, nd Lived with his un • Cie and aunt, James Brennan and wife. He lived there /about ayear while we lived there . When we scream ; edam the time Reese was struck, Mrs. Drennan was near enough to have beard us.'- I know Carey ; there i were people in every house, but none came to help us we remained there abort a quarter - of an link, during thistime the people were standing-ail about, watching ius like-'lt was a eoloted Mani think, came up with the care from Pottsville. '-Yesterday when Shay, came into 1 the Court House, I saw that he -looked the same that lie 1.• did-when standing at the old woman's door. When E. he stood before Mn. Brennen's door his face was very -.• I', white, whiter thanctosi. He did*nt look ai me, at Mrs: ',.... "Brennan-be was then about ten yards from ; Ire " .:did'at look up until Mrs. Brenean,nodded to him, then i. , he lifted up his head and looked at us. - John Mennen 1, came out and stood with his back against -the door. i • next saw Shay at Frock's tavern in. St. Clair. He had then just came out of the mines At Mrs'. Drennan. he • was not dressed in his mining - doilies, •he was in his clear; clothes: • I cant tell whether be was just washed -I had not such a pod:look at him, but .l thought he was out of his place. This was a middling clear day -not sunset yet-it was No light •in a manner as it is now ; the roads were very dirty, and might have been snow in scone places. ... - - . Ceoss - Exannaation.-When't saw Shay at St. Clair, i he was not washed. I next saw Shay at Esq. Reed's in i Pottsville, the same night he was washed there-lie i • hadn't the same clothes on-I, said beSire the 'Squire, be didn't look 111 pale as when I saw him at Mrs. biren nap's, perhaps I might have said to the , Squire: that this is not the man, but I was efiaid-f have seen so much About these things as to make me afraid._ I Wicket seen him ofientn his miner's clothes, and didn't take partic ular notice of him in any kind of clothes, he never came -into the house-I seen him sick at his aunt's going in ' and out-he lived nearly opposite to one side - from our -, • house.- If I am used to them I can tell 'e miner in his mining dress. , I said, at the second examination before , 1 - the Justice, that he had on a lightish back to his vesti,he • had a light shirt CM I when I was asked before the Jots •l Lice-whether tice-whether this was the man, I said he . dido ' t look then "as he looked at Brennan's; he looked fresher, had more !. color; 1 said that he had more hair then than he had be 1. fore Mr, • Brennan's , but he might have his hair up un der his cap. At Drennan's 4 hadn't °full view of his •roantenance, because he didn't look up; he Was in our '.,• house once, the time•he drank porter. at night : I , don't remember him ever calling to get a 442 note changed; he paid me the ley for the porter at the door afterward.- I saw him whil he was sick walking on his hands and . feet in and out Of the house-I-didn't see his face after John was struck, he was on a piece from me, at Frock's, he bad its mining cap on-he asked me there, you say it is me th at kills, ! your husband.: I. said yrs; if it ain't you. I never, saw one that looked more like you. • They ' brought hithfrofoltie mines and be washed and dressed . himself-there . tem a good many people tbere-there were not near as,many Irishmen there as before •the Jug 'tire-I was afraid before the Justice, because I had far -' ther - la go home( and had a great deal of trouble, and 1 .. more than any an could tell-Shay looked fresher-I said et Frocks t then, after , be was washed, that he didn't look like t e same man. When he looked op at . me, he had the same look as he,had when he looked hp at me at old alre.ll3rennan'sthe night at Wadesville after my huthand teas killed, I raid it was Martin Shay. ' I didn't say . before'the Justice that his features were not the same. • I Re , Examixed.-Itwas afraid to aweer too quiek, before - . the Justice, on aecqunt of the Dinh who came about the house nights and made-great noises.. After my teethed - got clear, most every body would tell me that my hug , band would be killed. I was afraid before the Justice " for fear they woulilkill me. At that-time I lived in St. Clair-I heard some Irishmen -say that they did not be , here he'd live Jun4l can't - remember who they were. -lan Hasepersys.'swere.-1 sm a aleter_ul9ohn Reese, - deceased. I left - In:Lavine, with. John Reoe, his wife, •• and daughter, &botwo 0 , 0,,,a, sod went along the Ball read Altai leads to Wadesville-we walked slow and met a good manly-we fait several penple, strangers to me, that shook bands with My brother-my brother . turned into William i ,Gritlittud house-he stopped at Ildrr. ' • _Brannan s, while I stayed behind, talking with Illornson "-William Daniel thme out shaking his heat,. and his i a w rl if u elooked pale-Deniel's wife asked how Reese was, turned sight roand as if somebialv had called her - Mrs, Rea le called In to - come on; that she thought that - lbw was to be som4 how there-7I went to Mrs. Been • '; nett, andihey were talkies together. Mrs. Brennan said, how are you. illa;Deese.she replied, quite poorly-then she looked up andaald. le that you, &Wel Reese came ' ahJahlettbettireettmiland Hes, Reese; -Brest aokodl , boot ' MP. thwasetarethEtkren-there wits a than standing by With a lab Its lots hand. not opposite to us, hut the next Sone between dill Andi Ws4erirlite-hi stood sideways, whb neither bia riff 1110, hie back to GII-the old woman looked halt towsette skis man, and kind rat shrink her head; and se slur tier bead. armpit again,* the thnee-ot%Ntne be In I erdetiyeAnwton 'Yard* MOL lintenall. 994 then earnestly toWardaßeese. i. • • • Before Mrs. Brennen shook has het head he wasloeiting at Reese—be stood as If beWreg ready Cork blow right away—l noticed the .man, - and saw his Area: (Pehaffil to the prisoner,) this is the:man—l never saw him before 1* saw him at Mrs. Brennan's, to the hest ofmy knowledge: We went'enthen towards Wl:dentine—Mrs. Reese and baby went, first, Reese next, I next, and the driagliter be hind. We got abort 30 'ludo on the Railroad, my 'ne ther turned round and asked Me, did I notice Mth.bren ran shaking her held at the man with a pick in bighead —then I turned round, looking behind—l thought some body Was coming behind, and saw Martin. Shay crewing from the houses until , he came on the road where we were—l turned back my bead- to give an answer, end Reese was asking. Wife the same clueetion — jehid not straightened himself . bardlys‘Wheo Mann, Sh a y , came on behind, shoved Mary Ann aside. came, by me: up with the pick and give him ablow, andjemped off just as hegave the blow, be held the pick to both bands, . then he rum= and I looked after him until he pasted Mrs.. Reese abodtlo or 15 yards. then he turned looked round • and lookedirack. when I raw be wasdolmlnothingto any one else, then I went and picked up my brother, be was wi ng do.nma eta tee, where there would halos been we ter bad it net been frostyvveather. 1 took him and laid his bend nr* my and eturred-to him.' 01- my gotior.boy, • if you can.pOtyourfeet tinder you. and We'll go from here or we will ell be-balled, as he tried to more hla.,hand ' rounds toed there, he fell down" dead in my artrueS-then I screamed outs murder.. that he was dead—the nearest that any come toes was Mr., Brennan's eon that we' saw standing at 'the door. he came do till he saw that he was dead, and then be put his two hands in his pocket, and turned away laughingwe were there a good while hol lowing and screaming =a rereetnate came to the door of a house opposite to US, I raised my hand to tell her that-he was dead, I cried out in that any one might bear me. -but thought she might bear, she clapped her hands and said it was good for trim. I said to his wife you stay here, and I'll go look for some one to take away his body—she answered, Oh, no I they'll kill me if you go away. if the are to die let's die together; she their turned her head towards Pottsville and said 0 now we shalt have help. I believe there is 1 lot of Englishmen coming up the road. I went to stand on the same part of - the road where she was and seen them coming. I noticed them Coldieg with clubs in their breeds slinging,them. when I saw that, I hol lowed be was dead. when they came on far enough to see that ho was dead, they turned off like a regiment of soldiers and stood by the houses, they looked towards us but not one came to help tte—l cant tell bow many their were, but saw two foremost walking sideways.- , 1 think there were mere than./ reckoned: some coal cars ear= up . the Vail road. and/ asked please take-that body he the driver asked what was the matter, and I said I'd let bin: know when we went on; he said he Couldn't put him in without . help, no body helped him although the Irishmen were leolcing, until some men came. down front Wades via.; the driver was a colored man. dont knoWliis name.- I couldn't tied:emend what these men that were jooking on said, but they had a total laugh. and kept up teholler ing. when they turned off from the rail resd: they gave sUch dievagh. and clapped their bands PS if - they_gloried 11l it. After they put his body in the careN s tsitfd he is nut quite dead yet, te couple of you go in aneroid set under ti m; all that came down. jumped into the cars and we went on to Weedesville. RAise never spoke, and wes in sensible. he died after three o'clock towards' morning.- - It was on the Wednesday before, New Years day last. Martin Any had on dark pants. cent tell what kind of a shirt but it was either a light shirt or a shirt with the col lar washed ; it hada dull colour. he had on a Park cap.— ! SAW him next at the Squires office in Pottsville, the office was full of men. Shay was not pointed out to tne. I knew him when I srew,him there without difficulty. They told me to see if he Wes there, I looked round nod said there he is—as Soon as ',opened the dooi, and looked around I knew,hina. When We first went to Mrs. Brer.nans,tve stood on one track, and 11 sae was on the other track further off: and when Mrs. Brennan spoke to Reese, then Reese came to where we were; while I was looking at Shay, Mrs. Brennan And Mrs. - Beeec were talking together. I believe they breught him outer the hospital on Christmas—l saw him at Wadesville the day before, he went to Pottsville that night and staid in his own house there; Reese was not strong, but poorly—we got to Mrs. Brennans from a quarter before 4 until equarterafter. The day be was kil led. he was going to Wadeeville, because he was moving, the moving was going round Port Carbon road ; they sent word the week before' that we should send down the wagon to move them; I knew on Thursday, that they were goidg to move that day; it was-our wagon. Tues. day evening the wagon came down from Wndesville. reed . Reese end my husband, and I and Mary Ann came , down -in it; some others were in the -wagon and canto down a piece ways ; the neighbors knew the wagon came down to move them—those came down with us were Englists mem we come down round the Port Carbon road through St Clair in the day time. I knew one of the men that' came up with clubs. I saw him standing on the door of a howe bi Scalping town. I don't ganow his name. Patrick 'Casey. was • the shortest of the two in front, these men came so nigh tent we could see them right well, and hear them, but not understand there; they mood farther from us than Mrs. Brennan's house a good' iece—tla other • man along with beery. I know if I see him; I dont know his made ; he is a tall good looking man—l °need livedin , the house where Shay was living about 8 years ago- but now live at Rearing Creek Columbia county. Cross Ezamirmi.-1 (Wee from Watkin rritchardshonEe tothe Squires office. McCormick came up for Me. and I had no conversation-with Kim. except that he told me they wanted me in the office; there are always a good many. men in Scalping town ;--it has improved a good deal. Pomo were shooting mark below where Reese was killed; these men with clubs came from about the- place where people were shooting murk, they couldnt have heard us he 11. w where they were shooting mark; it is about half a mile. At the office of the Justice, I said his vest was of a dark colour, dirty enough: never saw Martin Shay before I saw him at Brennane. Mrs. Brennan lives in the nearest bonus of the blerik towards Wadesville ; the pan I saw standing nt Mrs. Brennatia was in his clean clothes[ he kept Lis bend down generally`. and sometimes rolled his eyes round towards Reese. We got to Wsdesville about half Tam 5 o'clOck. This man standing at Brennaus didn't speak n o s went whlie we were there ; I thought be wax looking at Reese because he came out of the hos pital ; he looked like a mail that bad no blood in his body. ne-erammed.—The woman that stood in. the door and said it was geed for him. and served him right. when I cried-that he was dead, was afterwards joined by other wofnen, who ell seemed very 'glad and lnughed. this •old woman more than any of them ; they were' all Irish ; the men with clubs seemed to be all Irishmen. When Reeves body was put ,in the. vie, some of them came I suppose to have a last look at him; his body might have been lying there' nn hour. When Shay struck the blow I had a glance at him.; and saw the side of his face; he went 10 'or 15 yards before he looked back. Where Reese was shtick might be sixty yards above Mrs. Been pan's. I e Cross Examined.--The house where the woman stood, is where the man with one eye lives. " ' w , Mary Ann Rare; oworn.—l sons 17" years cid the 22dof last April; I - am adaughter of John Reese. It was about half past 12 when we left Watkin Pritchards, Abet. father, Mother. and I; we went to Griffith's.houte; father called in, and I went in after him, mother.went on op the road, me anal father went up after them and met Patrick Curry, then we' met Dr. Philips ; we went on to Wm. Daniels, and then till we met Sarnia , ' Hunter. from this we went tilt we met Mrs. Brennan, she came out to speak to its; me and father, mother and aunt stood - on 'the railroad, Mrs. Brennan was in the house, when we .firA cement,. she came out and said to mother, how are you Mrs. !teem ; she 'answered middling. She then said how isJohn, mother said here he is, she said John how are you. My father then asked about Reddy, and about acre rill other children; father said you hav'M gut' any body but Michael and Johny have you, and Mraltrennan said no; then Michael came out and looked at us and then at Martin. Shay and laughed—Michael Is Mrs. Brennans son. Martin Shay was standing a few yards from the house mmt beside the rail road, we didnt get ahead 100 yards if as far as that before father was struck; and then father whirled around end . fell in the creek, father wean down in the creek. I went round to fathers feet, sad pick• eil his head out of the creek, and laid his - head on my shawl; then my -aunt came down in the creek and I told - her to hold fathers head,and I would go to Wades. elite; then I Went on to ‘Vadesville till I met John Wile liam.; Martin. Shay struck my lather. he sits there. I didnt pimp°. e after my father was struck I remained Mree . 1 ' minutes I saw no person in th e neighborhood before "I start ed.for I did not look back. I met John Williams on the rail road .a good piece abode father; just as I was getting into Wadeaville, I -went on and met David Davis ; and he anal John Williams went down together. I met David Davis at his house in Wadesville: I went on up to my um les—Martin Shay at Mrs: Drennan stood and look• ed down to the ground with his cap over his eyes;. he didnt glance at father only once, he had on a blue cloth cap ; light yellow vest on; his pants were n dark vayy. p' pper mid, salt ; after he *struck my father he never leak ed hack once, he-went on straight up the railroad and then turned to the 'eft band ap the hill—l know it was Martin Shay because t had seat him before; I saw his face when he struck my father with a pick; it was the same man that stood nt Mn'. Brennan; I saw him when he !feed with his aunt bark of our house. I raw Martin .Stay be. fore Squire Heed-at Hill's tavern ; I noticed the can he . had there, it wie , the same kind of cap be had on at Idea, Brennan's—he ju-t looked up sideways at my father at Brennans ; I was looking what he who standing there for. ' because I knew he always boarded with hie aunt, when we lived there--he had as pick in his hand whirlingit round on the gronod, his fare looked as pale as death. Gross Erna:decd.-1 said when I was wired !alone the Justice whether Shay was the man. that I wasn't certain,. but now lain sure. I have been acqiuduted with Min about a year, but never spoke to him. I harem seen him for three months before he killed my father; I didn't see hitn after we moved to Pottsville—we lived in Pottsville 4 months. I want to Minersville the_ day' that happened to father on the mountain and stayed there three months. I cant tell whethnLtlartin Shay came to the well to get water or not; whiff hewould say good morning to me. (- would say good morning to him that is all. -I said before the Justice that I was not qiute sure that it was him.— At Brennan, his cap was drawn downto here (points to the middle of her forehead,) I know him because! have seen him often; when the two Irish women in the goal asked me whether that was the man that killed my father .1 said I would see about it. I think the - reason why Shay was whiter in the face at Brennan* than he now if be. cause 1 believe lid put some powder o 8 something in his face. - 1 cant tell whether the shirt he lied ou was ii di rt y. white *neer a clean yellow one ; it didn't look clean and nice—he was not in miners clothes. 1 raid before the Squire, he had a light yellow vest on dirty. with an light back. Sometimes! was standing at Mrs. Brennuns door with the baby ; the Mrs Brennan who is Martins nant..... I believe Martin kncw_all our family ; I used to see -him -when- I used to go there after things; they were ournear. eat neighbors, a quiet decent penile. Martin was always very quiet ; I never saw him playing with little children. I saw Martin in the coal through the- hole lithe door. I d saw the whole .of his face thrhagh the - hole. At Mrs. . Brennan' I was shout to pear to Martin , as from Me 1 0 the Jury. My father was acquainted with Martin—my father seldom went out and Brennan never came over. iAt th e time my father was struck. my aunt and 1 were " walking • a by side, end Slimy shoved by me lightly, and pushed me aside; he didn't look round while be was on the rail road. 1 dent 'recollect whether my father was Wring with my aunt; I heard something said but 1 didn't know what it. was , 1. was on the trick of the rail road; It was muddy; we picked oar way along the sleepers; Mrs. Brennan looked at uis then she looked at Martin Shay and winked. I looked at Shay, Until le bad got off the rail road, I was downto the creek in a moment, and after I bad turned father on his side, then I looked sifter filmy "again. ' • ' . - . ... . William Smith, Swam. —twee at 4301pItigtown the dip Beets was killed, The tifotthat I saw Martin Shay at the tipper sod of the Delaware Rawlins from 'l7 to 30 minutes to .4 o'clock; ,it was about 20 -yards from Mrs: Brendan's ; 1 did'nt.speak to him ; he was •• standing by a stump making water.. I then went &WM towards James .Major's house; I met nobody, ma the road. I say it was 1710 t) minutes to 4 o'eltwk, because I met avian lust hereof* with along shove) on his Wol der. and he asked me the time; footled-milli) , -watch ' and told him ME litne n belW - Pen 'land 3 o'clock., I saw Martin Sttiy, be bad "nothing In his band. James. Major and I went . back Into his yard alerts with S;unuill Maj or, his gen, and while we were there Reese's women passed up with Reese. I knew that Reese - Pawed uP thah hecamq a ft. at bird We TIP biellreilweut in theyardiar eleatao out.. We Ihen set down to tea st Major's; .we just' Wit dowit'When the cry cotes that Reese had fell the ereek.'-end , people:come roe ; from the time that,,lloOked aszoy*Melu MAR 6'Wl . MUM *neat: q tatetial. hour.. Shay htid on 4 froth-coat And sup. lathe Squire's office he had on the - same coat tothe bestlif My know ledge- I never swir4ilhay before Wei' about 3_ or 4 months. I had seen him• about that place' perhaps a dozen times. :I Was along with Samuel Major when' he tthd me that Shay had something au hit face, a kind nf weft, the same as John ConrUey had: MO passed down I could see nobody in the streets, but Several lookingoat „the windows, the doom were closed, the windows Were not raised, some sitting, some standing. I took notice of no into exceptthose in the block on each side of the road leading to the school house. Its atom' }of a mile-from Mrs. Brennan. io Mayors.--Martin Shay- was standing by a stump off the - road, aboUt " 20 ,30 yards from Mrs. Brennan's: , Cress Examiasd.—The mad by. themumplooked at me, and I looked at him and I lines who it was. I did'nt take much notice of hien when I passed he turned and looked at Me. Mater ' that in the - Delaware _Row in the next bloc k.to the shoemaker's shop. heard no -shouting or hallowing; lavas on footTieben I .was out Itrthe yard with Major, I heard no, shooting or. ethics, but when we got in the house, then the noise came that 'Reese was knocked In the creek, every body was out then, but I saw nobody with clubs; they were griteg up wheretheaccident happened; I know saute who lived tilting there; wine English,- the largest part Irish; the Major's are Englishmen ;the - Majors did'nt-go up; the reason 1 did'ot go up was that my brother was abus ed there once before,-that they_ might abuse me too. I staid there about 21) minutes. 1 have not said while I in Court here that Shay was a d—d rascal, and ought to be hung. and would be hung any bow; I never said any thing like it; I never was in company , with Martin Shay, but knew him from seeing him often. • When be I was at the stump I was about 8 feet of him. The first tithe I thOught of it, eves when I saw the reward offered for Martin Shay. I did'nt say before the - Justice that I was not certain that this was the man. I said before the Justicelkat I would not swear rightly that this was the mart, but that I believed it was ; I says') now. Osseo Starr, Senors.-1 am nearly 70 years old, the 16th of October. I live in Mahantango street, In Potts ville. .1 saw Martin Shay the last day of the old year. I went to Henry Shelley's to fetch corn ; his clerk told me the Welshman war killed. I was going -for -malt when I met two men walking on the pavement_the wind tame from two_ men towards me; they talked very loud. I heard one say, I know I struck-him with& pick --he cannot be up again. - 1 did'nt know' rightly what was his meaning; I was then about 8 yards from him, the man that walked with him, said hush, hush, hush; then 1 came close to him, and She; smiled, then Shay began the storyagain. and said I know - I struck him with the plzk, he cannot be up again, and repeated it, that Wels h man; they pawed me about . yards, then the wind blew from me. they were both very lively, and Shay said I am not afraid of that old man,' thaes n friend of mine. The other man then asked for what I was such a friend of his. Shay said my sister lives at Jo- seph Shellys, and she thinks so much of that old gran. dady. They were coming down from the Catholic Church, they behaved just like a couple of boys who have something, and feel very glad. 1I had known Martin Shay about 9 months or a year; the first time I saw him was at Joseph Shelly's; his surer told me that was berbrother ; I saw him ten limbs may be more' '‘--0 yes ! talked vehim, and we are good friends ; his sister and I are good friends. Joseph Shelly is my son in-law. When they were as far off as to the Court house door, (about 20 yards) I knew it was Shay; I did'nt speak to him. I told this in my house not right.' away to the old woman, my wife. I told it to nobody else. dtd'ut tell It right away; I told it before Squire Reed. ,Tfie man with Shay had red whiskers. I never stay-Win before. Cross - Examined. , --1 alit certain it was the last day of the old yearn it was on Thutaday, on Friday was New Year. 1 did•nt take fight notice ofthe drew ; dhay had fits Sunday clothes on ; his clothes were clean.--- The man with Shay first walked beside him, then got a little before him ; they walked In the common gait, this was on the pavement near the Catholic. Church; I don't know whither they came out of the brewery or the church. It was in the afternoon about 3 o'clock, may be ;tater ; it was the next •day after Reese was . killed. About a week afterwards or something mere, 1 was examined before the Squire. Court adjourned till Monday Morning, 9 o'clock. _ Monday siltlte 115th Edward .11fo'rrisols, surora.-1 live at the -East Dela ware mines, I did not know Martin Sitay—l aaw the crowd going up; after Reese was killed, principally wo men and-children, some men were among theni—l saw: the crowd first pass my window, but after I heard that Reese. was killed,,l saw a crowd on the top end of the Delaware Muses. some of the crowd passed my win dow, one or two in .particular went out of my shop. I did not know which house Mrs. Brennan' lives in. The spot where Reese was killed, is about SOO yards Dons my shop. I saw Refire pals my shop on his way. up—it WS i between 4 and 5 o'clock I suppose, I have no time piece. It was about 20 minutes, to the best of my Judg ment, after Reese paned my shop, that 1 heard he was killed-1 know the house where the other Mrs. Brennan lives, between Scalpingtown and East Delaware houses about 40 yards from.w here I live. I now speak of my house. Don't know what countrymen were in that crowd—did not take particular notice—di, not know that I caw Mrs. Brennan and James Brennan go up., Cross Ezamineriew.—The house 1 live in Is my own-- I live about 60 yards it , arc- Pottsville than the Delaware Row- •my ehop is in the Delaware Row, between the 3d and 9th block from the bottom. The crowd was-princi pally women and children. nut to say a very large crowd. About 20 minutes after the crowd were up I heard Reese was killed ; the crowd went up soon after Reese went up. About 20 minutes after,'( heard he was killed or beaten ; I did not go out in the street till 5 or 10 minutes after; I heard the report that Reese Was killed or beat en. The people-when I went out were standing by doors and windows. - and there jpeemed to be a crowd at the upper end of the row ; I did not go up ;I did rot hear any hollowing or 'Martine ; did not see any men drawn up like a regiment of soldiers *homing. , The crowd art peened at the upper end of the houses ; did not see any persons on the Railroad, the crowd were on a road be-1 tween the Railroad 'and the houses ; I don't recollect I that I sow a train of cars Wen the road after I heard Reese was killed—May have been the can. I don't think you can see from my house, the last house of the Delaware Row ; if on the Railroad 'opposite my shop, you might see • I think you can tee farther cap the Rail road from my Amp than you can along the houses. didn't see any persona on the Railroad at this time; 'know Marlin Bhay by sight nour,did not know him then; I do not know that I saw Shay before I saw him at the Justice's °Med; but when I saw him at Hill's, I thciught I had seen his features before that day. I inn an Eng ' Hallman. Re-Examined.—Two men went not Of my shop that = day. shop stands square and has four windows, and a window and door in front ; there is a road coming from Bt. Clair to Brarteh Railroad, down to a window on the north east.that is on the side towards St. Clair. An other window looks towards Scalpingtown,and one win, dow and 2 doors in front that looks (von the rend from Scalpingtown to Delaware mines. At the time John Reese was , coming towards' the shop .within 90 yardi there was. a man by the name of Michael Tray in my, shop. When John Reese come up they expected he would come in but he trance(' by. Re had hardly been past 10 minutes when a man named Untie Came to en quire about a pair of shoes, if they were mended, not promised till nexiday, a thing that ain't happened- in six; months told him no, not till next dayt 'Wm. Daniels' came in. I asked Daniels if he saw John Reese pan. He said he did, that he called at bis bonito. Then Honig at that time went nut, up the lower road, and after a litH tie slide the report came that John Reese bad been, beaten; report came from the window.. Just. as we heard that report. Mrs. Daniels cattle in and told Den leis [ that they had killed John Reese. William Daniels said ' be, would go up. I told him not to go If he-wanted to keep net of trouble; I told Michael Tray to go cap and bring us the news, this is all! know; can't tell whether Michael Tray went up ; did not return that evening.-I, Said Daniels. that is the man that killed hint, saw Bode coming down; said to Ilorie,s what is the matter, and. said he, John Deere was drunk. and Celt lain the creek. Ile then went into John Ilanwigs Done bearded in Scalplngtown. I think. V noticed something peculiar about him, any one that has:seed him, could tell him he has a red mark over his eye. When Mane first came in, he seemed in a hurry, asked for hil shoes. saw no signs pass between them. I tboneht from Marie's movements t het he was full ofbusiness. Michael . . • Tray hoarded at the Delaware how mat William Cotes,! know of nothing more; Bode went into lianntig's, then came and walked up the row. When HnriecamedOwer. the vow first he seemed to be in a hefty. ,feelyk "Wes, &vers.—l saw Reese going up the Rah mad, I was in my house ' in the East Delaware Mines'; his wife was along carrying a child ; Mrs. Humphrey's and his daughter along; he had,h's leg atm in n as at were. Iliad Just Jast set down to eat super when he passed, and atter I was done, the people began to run up and down the street, and I went out and met a man by the name of James Boric, a man was going up the Rail 'road, and James Hoyle was coming down sharp,ind Rorie hollowed to the man that be was not to go up there, that Reese was lying up there, had got his last Mow be hoped ; the man continued to go up the Rail road ; I did not take hanicular notice of the man, but Howie had a particular mark on the right side ofhis face; did not see anything in his hand; think hehad a blue coat or, can't he certain. When I met Rorie he was 30 yards from where Reese was, hack towards Scalping town. Then I went up to the end ofthe street and The car was Mgt !tuning with Reese in. I stopped and 'talked with Colvin Cute; he was at the door of the up per of a% and I asked him how that ease with Reese had happaned, and he said he did•not know, he was in lhebouse; then 1 came down, 1 didn't go up; did not see any m e in the neighborhood hat Caxvio Cute; saw people about but did not speak to them. Cross Exastised.-1 lived in the Delaware Row, No. 23, at that time. thatls above halfway tip the row ; did not hear hollowing at the time, people were walking op and down the street; didn't see men with dohs when 1 went up there ; did not know of a shooting crotch in the neighborhood that day; 1 did not hear any straitens of murder. At the time 1 went up, did, not see around, there might have been screaming but could not brow that distance; did not go up for half an hour or more after Reese west ap; can't say, did not bear any shout.: ing or boliowing. there may. have been. I was Just sit ting down to Rapper when Reese went; witere'Reeie' was killed most be oversoo yards froMwhere 1 live,ia near as r can say. Untie is a middling large man, till* set, he hoarded with Jimmy Hannig at that time. Han nig is dead; I moved from there ; Car rin• Cutts mos be about 100 yards from where Reese was plain sight. I am well acquainted with .Martin Shay; didn't see him there that day; don't know where he bad worked that clay he had worked before at the East Delaware limes, be had worked at the East Delaware Hines 10 weeks before that. may be mare. He boarded then at James Brennan's. 1 expect Martin Shay is an Mittman. I lived in the neighborhood where Coltalian Was shot by Reese, lived same place daring both occur rences; I lived there when Reese was la ; there during the trial. I don't know that I heard them. speak of that trial. Edmund Norris's*, recallsd.-1 have beard tbreats;c!er. Minty, against Reese; quite common for people wrond there to say that be would be in danger ofhls fife if he come hock. 1 heard Michael Troy say that It wouldbe impudent to bring Reeselhat way. That was Just be fore Reese aim; more than one person said that if he came that way he wouldiose his life. If said I•deaelt (would he under tbe cumber: quite - common ; didn't pay much attention to them. Tray spoke as Reese was ' amine up the Railroad: These threats or remarks were not moaned to env one people. Welsh and English) as well as Irish. 1 still live In that neighborrined, and My ow* of roofless is there '_'Reese was a' Welthenin) Cress Korreistd.—What I heard; I don't thiolt Were we're neraution. I have heard Irishmen make thrro'sr. on* stun to ISM to M. had in'ernv . 4 J OII ° R ww9 wie• nn' en Arlo+ him this *lv:mere thin;ro ye: I batemuradealthgeWith the Irish than any other peo- MINERS , ' JOURNAL. • liii Pie- I haul bea ' rd In my shop an sEprestrain of opinitra that itwould be 'dangerous toSrame'' that leaT• fun a n Ik l nsliman:.- . Thew= that came - there , may Mae /Mown I was aeq with Reese:. Rs-.ffirasdasd.—l have hard both Wants and can tions ; 'never heard. soy Welshmen make threMs, but thealrAsh would make tl;sens more as Vents than ea Mit tens:generally. • • . - • I.Dr. Retie after his death t.I Made a post bratty* examination it the request of the coronet.. Itwas a fraim e eofthe tem poral Woe of the head,thist is on t he tight side of the head. The wound was about lora Mats In length. Rya* hi the shape of abet( mope. It was atonal wound.-- , His death was etosed by that wound. It war a, blunt instrument by which the wound was inflicted. The, side of a pick would inflict ameba wound: • s t , Cress Exam Era- - made the egaitunation about clock the next day, Thursday. inra - Jacob Reed. Vag ..'neciin.—M, Humphrey. was in. , y office and examined by the. Them was one bath' on one side ono one on the other; it was crowded t of flee full ; she was asked Italia amid point out the man: she got up, and minute she Ent her eve Fit him she Pointed dimmed. I • Nothing. - to nay knowledge, toplut. him out, ne was right amine the crowd. " =We Was 'examined. by me. I heard one man say, tale eare, Mrs. Reese, and for God's sake, don't swearthis man's life away t4l great many persons in the office.. If I re- Member right, wail Michael Foley' who made MU re tnark. • I then told him he should be quiet. I think Shay wail in my office when - Mrs. Huniphrey came in ; cant say she Winer bourn off, and ona While. Her back ma to the door._ - - C'eieezettlabisd e hag *as not sitting cease end 'of the bench, two persons rattle end, then Shay. she could not be far from Shay: for the office II not large. Shay was about .5' feet horn. Mrs.- Sum re think there was two or three persons nearer to end of the bench. He was strangle's line with the crowd; Mrs. Reese when she was brongbtin by Geist., 2d January 1847, Shay was along, just In the dusk of the ereuing. Rose said this is 'the man we have been looltin; for, then Are. Reese tau brought in, and leaked her if this was the man that kil led her husband. I think I swore her, not certabt,ffie hung her head down, and then the looked up at the man twice and said I dont think it is; I asked her again, she said I dont think it is again,; and then asked her .why she had brought him there, cant say that she made any answer to that; then I discharged hint; there was no more eve-i dance ; on the 4th be was brought 'up again, on the3dap presence he was held inIEXIOO to appear on anottrat'day. 4th time he came and onexamination on MOM` of Jan. he waste:in:ratted tomstivrer. • - • Re..Feresined..—The first time Mrs. Reese came po my °ince it was dark the candle was lighted; MichaerFeley TgouglitMtu. Reese in. I think he had hold of her- arm ; b was always side of her that. was all at the salve time that Foley told her not to swear this young man's life away; Shay had a bluish coat on nearly dark,cartt tell what kind of a cravat he had on; no other witnesses there satinet time; there were a good many Irish hi and others. more Irish at first; many came in With: them; and Other citizens ; Mrs. Reese was again examined before me; she then thought he was the man ; that was on the 4th or sth of January ; it was the sth, that was Imthe day time. I saw Foley speak to her, just at the door as the came in ; other remarks were made in the crowd. The remarks- in; the crowd were that she should oaf swear againsethe man. Mrs. Reese kept her head down I thought she was excited, cant ray positively. She said at the first examination ; I dciot think it is • at the 2d examination I relied on the Attorniesnoteei. I think She saurthe man looked pale, can't say I remember !he words the first time, the words were I think he is not the man ; I depended on the Lawyer's notes•the 241 time. I thought there wits some yariance in her evidence. I had reliance on the daughter's testimony is well as Mrs. Ilumphnifirt • • John 'Williams senors—l .came - down,friim 'Wadestille tp put Re pain the cars. John giebec came with mtr t found Mrs. Reese and Reese't sister, end Pbelieve the daughter, anu • negro mats who came up With a train. I did not see - any body there when I came.but these. • A man ntmed UariirCute came up and Icioked into the car, said something—Cant say what—he was the only man I saw there; the others came. frcim WaderviHe. Rrese's daughter came up and•ssid John Reese was killed, and I ran down. TIM man with- the cars was a kind of mulatto man. Daniel Rose swnrn.-1 was in the Squira's office when Mrs. Reese was brought in—a crowd was in—l met Shay and Mrs. Reese on the Fore. ment, and went in the office with them ; the'wa- ItniffhWhich they came was crowded ; Geisse was :here. I don't - Mx - 0W that threats were, triade in the office. Michael Foley was very busy about the matter, but he did not make threats that 1 heard. Cant say that Mrsoßeeie lordted any way different than usualshe appeared confused ; much more than at the coroners inquest: There was' no examination on oath at Squire Reed's that I know of, the first time. This is my hand writing. I was a, juror in the coroner's . inqueat, Wades ville. Mrs. Reese was examined , before the in quest—l took notes of her evidence. [The court decided notes not admissible.] Robert Smith sworn.—l remember when Reese wits—killed. On Thursday I saw Geo. Stair go up the street—there were men pacing backwards and forwards ; Dote,t know that I noticed men ; in particular. It was tlboui r half an hour after Starr went up 1 noticed two men. • , Record of the trial of John Reese for the . mur 7 l der of Thome. Collehan; and acquitted •on the 9th Des.. 1846; given in evidence. • • Daniel Rose reecrlled.—Thomas Colahan, the' man that Reese was charged with•shooting, was an Irishman. and, a Roman Catholic. I arrested Reese at the. time ;: it was at Scalpingtown,- 90 yards from his house. on the Rail Road ; he was surrounded by. a mob of 40 or 50 Irish, about 15 or 20 of ,them awned with- guns and muskets.. Reese was' in the midst of them, on the East Rail Road; 11+han was a small distance front where Reese. was, in a double house, in bed. I know where Charles 13rnentri lives—about 40 or 50 yards j fforil where Reese lived Reeee's hduse was, in the vicinity of Sealpingtown. Cross exarnined.Some - men who surrounded Reese were, members/of the Jackson Guarde of Pottsville; had their own muskets: I never offer ed to bet , Snav would he convicted; might have said ho would be orl would not. Jackson Guards are composed of Dishmen; some of them live about Scalpingtown.. - Commonmealth dose. -- I • J. U. Nisi lAA, iEsql,, opens for defence. John Moore sworn. -1 'recollect the day when John Reese was killed. I know Martin Shay— at that time Martin Simi ,worked under me in Alfred LawirM's mines; I "tattier', end am now, foreman there—saw Martin Shay that Afternoon between 3 and 4 O'clock, lin the mines. There happened to he a valigob GT the track in the mines on that day, andnjured the road a little, the gangway rail road . I was fixing the mad., and Martin and they came by 'at the time, asked him to assist, he helped lebout 2'miriutts, - and then 'he wed back toward where where 'he came, and went oeLsjde of thedrift4-41on't :know' which way he 4"er - it, he went hack • in Abe mines--rhat is all I know of him on that day. ,He had his working clothes on. f Hestia dirty as 'a miner is. I expect we were between 5 and 600 yards from the mouth of the drift. Jannis Brennan ?was working 'with him on that day, nt one else—;saw Shay working in the morning inthe breast,! about 30 yards 'up from the gangway, Ond above to yards from where the wagon was °l i the tmcki--.s. Flat vein—fur that mine ; a horse 1 kes the wagons.up the breast, and the ruiners.sprag the wheels coming down, one man may takelthe wagons dowir, but it *is hard to do .it; generally two Men do it. I visit foun d tbadiaerent! i breasts every day; about oilers -T -each day can't ihoollect exactly that' I saw Mar tin e3bay the next day—when Martin ,and they came to the wag,nn.l he came front his. breast.— Did not call him till be came near to' me; it was light enouo to see; he had. his lamp; Shay could -not 'hare - got in without passing . me ; I went in about 2 o'clock; - I have this in my book; I heard Reese waskilled that night; I .remembered it; did not hear till the 9th Janua ry that Shay was suspected. I remember the day Sbay was arrested Joseph • Genera and,:l took Shay over to Freck l e tavern—be came over l him self;i 'he cube out quitting timei.Satunlay af ternoon; generally uit at 2 o'clock; asked Shay if he would go OM there, and be was agreed. . 1 told him what it .vi s for, that he warrsuspecter: as the murderer of .4ohn Reese. We went to the tavern i and Mrs. Reese was sent for, and when .Idra. Reese came in.labb said it was Martin Shay that murdered Iher t itnsband, swore to it—he had his miner's clothes ;w e and then shartaid she be. lieved it wasn't himsbe couldn't tell. Bbay did not wash himself., While 1 was at Frock'e. He . washed hicirielt afterwards: It was daylight white wewere at Fred's, I have my account bOok 30th December, 1846, thereare;s wagons marked , for Shay-, and his prinner, on the 31st there Was also 5 wagons. onWednesday. 4th Jan., 4 wa gons, 28th Dec.,. 51wageni, 29th.' 5 wagons; 5 wagon' was about an average day's work for Shay and Drennan.. I jtidge it was between 4 and 5 o'clock-when Bhay Wits on the Railroad-With me. judge so, ,might .have been later or sooner—the breast was No. 25.1 David Williams and' Patrick Dorsey Worked the breast - No. 24;--did not !ice them that time I wiw Stray. (Draft of *OW ex hibited.) The sir "haft is about 37 feet perpen dicular height ; rbitili!" men could not go-up there. The next day the eprpenter and I Went hxbetw,ean 6 and 7 o'clock- ! ..dOn't remember that I saw Shay :hit morning—bea d "no throat* made ail , . Clair. ---,l'd not stay tottg--Stay was inkett down to ibe tiouire iobi theititst Jay o January... I was • f 41* Itch jaguari. hiot.dity, twuk. It wtut uu Wu ettl IAO WWI Atat 11 4,6 11 11.44 M - I —if the, wagons ran down they ogee, break the rosiVrone man could bring cewtrst-taro.cani down . Woke* botiat. but 1t would he *Enemas. I ate au Znglistinsau,,ltsve knoioni 'foie Heat*, was, killen—never heard any charges matte egeitist haylatthetimehaweeinthebreast, but quiet and wettable at hilt work4to seeded to be sebetnethe, never• saw him dtinktlo not drink witli'my'tnen.. retes at the justices office the first time tnldabentange street—did not best thiests. Mrs. Reese said in' Squire's office she did not knnet . --she could not swear tie was the ,• Cress exesetnt'ett.--;• .1 When' camel out of the mines, 1 went, doWntovriudi the breaking 'en gine; de breaker is about - 150. yards from the 'road ,which passes from St. Clair ha Wedesoffie. The. mouth or the mine is en that toadf - a man could get t 4 the airehaft, if there was a rope, or ladder ttieres• the 'air shaft comes out up 'the first ravine just, before you come to Alfred Lawton's house; that is nrgoOd. dtiid 'nearer Wadesville than the mouth of the drift; heird it said Shay boarded with James 13rennati at that tithe. Sup- pose James - , Brennan livei 'itt a place called Sca IpingtoWn. He got the number of wagons from Square pieces of tin fastened, on each :wa gon, with the number of the breast on it; the pieees of in are hooked 'on the wagons; a man by. the name of William Hanibridge takes them off; they were'taken off down at the breakers 'they are,brought ito Ise, and we set them down on a ilatesevery eight after quitting times keep the slate in en office we have near the breaker; eat morning Itike them from the slate ; and put them in the small book I r kenerally go in-the • iniues atl o'clock in the morning.' Sometimes 1 • have gone'in when any thing has required parti cular attention;•on the 9th Jan'fl find no wa gons t tiered ;on on the 2nd Jan'y, 3 wagons s. on the sthi nine on the Ilth,'nene; on the 131 h, 3; 14th, 4; 15th; 2 wagons; dont know the man's acme who helped Brennan t Ma short time he WWI killed Ify a (all of coal on his head.. Some times coal Is prepared; and 'a, larger quantity taken out one day than another ; but it is differ ent in this flat vein ; hardly ever varies a wagon. i liiimbridge Was an Englishmen. I known two good Men take out from 8 to 9 wagons per day.trou that breast.' '• -- Court adjourned to 8 o'clock Tuesday morning. ' Court adjourned at half past 7 o'clock. • r Tuesday morning, 8 o'clock. Johni .11,PCool, swarn.—l' know the day on, which John Ree 9 was killed; was working iu the unties on that day ; was driving! in Lawton's mines in St. Clair; 'Saw - 111artim2hay working in his breast, Ne. 25 ; he used to fetch the wagons up to him in the breast; I used to haul them all the way up in the breast; he was in the base of the breast; I got ;the wagons at the turnout; was ,up every fiftemff minutee; take 'the wagons to each breast, nectilding to its turn. Winkle Wal ters and [haul from all the breasts. I haul from' the breasts to the turn : out; another boy baulsthem to one side; then r go to -the ;turn out ; and if there era empty 'wagons, I haul them back to the breaStss' do not recollect now Chow many wagons I have hauled to, breast No. 25 on that day ; I iemetiber the mad was out of order 'that afternoon ; Watkin Walters'..train got off the road; empty 'wa i ves . : I ,saw Shoy in the breast that afterimon, beestu,se. I fetched wagons op to him; believes he yi;as in the mines the next day; cant say what occurred when the wagons went OW the road,s I was down on the turnout ;' no thing occurred that I know ; John Moore sent Wathirt Waters after me s. then I fetched up. the empty wagons and fetched otte up to 22, and one to breast No.. 23: then I snipped at 'the foot of breast 23, till Watkin Walters passed by with his, wagons; then I Went and- got two loaded wa *gone ; got one,at 24.; tent tell when I got the other; don't think I went to breast 25 at' that time; can't tell 'what time this was; it will after dinner; I made . 4 trips in and 4 Out that after noon, after the wagons got off the tracki.made a. trip just according to the wagons ; make the trip backwards and forwards in 15 minutes; I was delayed sheet 15 minutes by Welters' cars etting off the track ; takes about 3 minutes to have an empty car up the breast,; Went up in brenst'2s that afternoon to get a wagon, after Walters' train got off the track; saw Martin Shay then; was• talking to Mai; had miner's clothes•on. Shay might hare' got out of breast, 25 to'aeother breast that afternoonn did'nt see. him go out ,; weut out of the gangway at 6 'o'clock; he could'ut have gene out thet afternoon unless I had seen him, exeept that I 'was' at the face of the gang Way. Shay's faCe islnot the last breast towards the face of the gang Way. Shay Went!out at 6 o'clock; his uncle went out with him, and' Watkiti Walters I think;net certain as to Niiatkin Walters; no one else that I remem ber; one of them stood on Walter', wagons as he came 'nut I'lthink ; don't know' which . one went out in the wagon ; Shay and ,his uncle Went out abea 'lei me front the turn out; don't know the rest; had to wait at the out till the drivers ahead went on, so as not to leave our barseSL,Walters! I it . his lamp at the . bottom of his breast from Martin Shays lamps; lamp was in Shay's cap; didn't see Shay till went home that night; them he' came lup to. our house. I know this was the day that'Reese was killed, for when'l came home I heard', be was drowhed iu the creek; heard the children talking of it ; heard no One else; Martin. Shay was at our house that evening upwards of half on hoer,; *can't tell bow king ; he was in the habit of corn ing there in. the evening.; didn't Say, and didn't 'bear auy one 84 anything to _Martin Shay ; about . , Reese; nothing-field that'evening; only heard he was drowned this was this last Wednesday in the old year; Martin Shay worked in the mines the next ti.ty ; he did not 'work the next day af ter; it was New Year's day. Crust examined.--Don't know how many breasts were working in these Mines that- day ; take sometimes 2 cars; isometimee3 cars, as Igo in and put; don't know hOw many trips I made in the morning ;I don't count them: don't know hoW many in the afternoon. It often hap Pens that wagons go off the track in the mines; don't know that' Mania Shay wash] the mines the 4th of Jan); ; don't know' as to the 23th Dee.; don't know as to thelllth Jan'y, he was on tee 24 Jan'y. He wastaken down to Squire Reed's on the 2nd., It was the Saturday after New Year's day. He was there until two o'clock. when he was taken ; it was on Sunday first heard Shay was charged with the murder; Sunday after the. 2nd of Jan'y; 1 was - just coming, out of the mines along with Shay wen he was taken; it was quittinglirne ; he was taken to FroCk!3 ta vern ; I went that .way with the horse, to the stable. near W. Lawton'e store. When we get our horses to the stable; we went to Frock's td vern; did'nt hear at Frack's that Shay. was, 'charged with murdering Reese; 'don't knoW what was going on there; Shay 'was -taken for murdering Reese ; didn't hear them say so , at the Mines; don't know who took him ; good many people at Frack's tavern ; didn't hear it said they could bring 25 people to show Shay was•vvorking in the mines. From .Frack's ta vern I Went to the pay office, at the mines; stir -ped at the stable half an hour to see a sick horse that was there; 'didn't inquire of . any body what Shay was taken to • Frocks' for; from the pay office I went home at'the .East Alines . ; the house kw no number on ;'I lived with my , fa ther and mother about 200 yards from where Shay lived; my father was • not at home when Shay came; he 'was at l'ottsville; my father came up, and went to Pottsville with him ; .14 father told run what he wanted with me—to go down as a wltuess for Shay ; didn't tell me what he wanted. me .to prove; I' Was not ex•; . audited in Squire Reed's office ; hadn't told- my father what I could not prove; my father did not work in themines with Shay ; no one but my mother in the house when I beard .Reese was drewned ; Shay talked to' my mother when he came in; my; brothers told me Reese was drowned; they, were little brothers; mother was, in the house at the time; she 'didn't say anything; don't know that She heard what the children said sishe was in the room ; they spoke pretty -loud s. they' didn't say how -he was drowned; didn't* inquire; didn't say in what creek; Shay was present; didn't say 'anything that I heard ; I was washing; 'didn't mention to Shay any thing' the children said; Rimy was washed; didn't know that he had hie suppers, don't know whatmother,and.th talked about; didn't .make itlmy business to ey bother. Shay staid about half , an hoar; 'don't ow how long Shay; had been ;working ii the es before that; can't tell how many cam I took from the breast that i day ; - when I took 'cad from 'the breast where 'Shay was working generally Ain? ; saw.him often in the mines before that; 'I was taken to Pottsville' on Saturday afternoon; Wan taken there, after that was subpoenaed to go; James Brennan eubtomited me. •He didn't tell me what' he wanted me to prove; took me to Pottsville without telling what ho wanted Mato prove ; Shea - was _going to' Pottsville that eve ning; I don't. know what day that was; Saw Shay before he went; 'saw him et his home;' he didu,'t tell Me whit he wanted me to prove; no , ono Ono told /VMS ezatniued as a,witom in rethnr•Rle that time; my brothers who told me .ate-all *singer than I am; knoiv, Reese was in • prison• kiiew what for; for Atooting a Man ; Colbduln Was his name; knew- Reese had got out :of 'jail; ,forget the man's name that told me ; they were 'talking about. it on -Sunday . ; knew • the .1.1e63 If don't remember. Who they were ; it was 911 _BllElday ; don't rerdember bow 'many &indigo', before 11. heard Reese . was: drowned : Am:ail-mow where Slititwas that Sunday ; Wat kin Walti4deive to the same breasts that I did ; made a ny trips as I did; we both. go along on a glee track ; we leave a car in mob breast; in each hreastwhereve:r there is no car;, and haul theM back by lonia . ; if a man loses his turn, he . 'niust wait till his turn comes again; at that tithe they filled cars as fast as we couldhaul; I am near 16. years' old ; father's house is next above Bieom,s; Charles, Broom'a; our house and stable between Broom and Shay* as:far es from here cross the Street froth Broom's to Shay's ; Shay hired with 'James Brennan ; the' day Reese was killed *Was dark when Shay came to our bditse;tlon't khow where he went to after that ; he had his - cletan clothes on; a pair of blue pahts, ' and a yellow.buff vest; a blue Moth cap. and -a 'black frock coat ; don't know where thattcoat is. ,now.-, 1 .: ',. ' ~ . Janiesßrennan.'Swern.--I know Math; Shay; Martin Sbay-atid I worked at.Laviton's Mines in St. Clair.. I knew John Reese ant recollect the 'day he was killed ;'.I was in Law/ma's mines at work air that day, and Martin Shay with Me. all' (that day; he dined-in..the mines that day, as .usu al—on that day we went to work at the usual hoer in themorning, and remained there till quit. ring time in the evening. I work - in breast , 25, and Martin Shay Worked with;.-me; his Work is to Wed the ca and 'throw back the dirt, I ate the miner, he is t ie laberor ;we came out with the last train, in the evening, that is Martin Shay and I ; patrick Dorsey was coming afterps ; Patrick Carey and a pan that walked with him camp out betore.us. ,I saw some men at 'the turn out,slri vets land -others. We 'generally see what, wagons are marked for us—Patrick Dorsey, went with Shay and las far*. ti s rennan's house. Porsey then went to his house, and I to my hOuse. \ We cleaned ourselves and heard that John -Reese, was tbrown In the ditch, but did'nt .hear that he was • killed. We went to wink next day, ThursdaY. until 2 o'cloik, Martin Shay . and f; Martin worked wifii me all day, and Patrick Dorseliwent_ berne ivith.us again. 1 1 am Martin' Shay's uncle. He has been in , this epuntry, it my home, ,;wince Augiust I 45.! Ho was born..in the comity of Longford, Irelamli he has lived with me since 'lB4s;except sifew days that be worked at the da wn.' When he dame to me he worked . .i.• of a -day - , and dnt do a stroke's& work. until January' or Februa ry 1846-,.sick all the time., Hp was . as quiet e • young man as ever '1 knew—l never knew him , to quarrel, or to get drunk, or' to gitte insolence to 'any person. ;John Reese was my next door neighbor for a year or twol-he lived there what Martin first came there; Reese was my neighbor while Shay was-there from August 1845 to January 1846, Shay was acquainted . with Reeseland family. Reese has been in my house now!and again, just as • one neighbor goes to Imo another ! k get my water Wom'a spring at the - corper of the lafluse Reese lived in. keeae's fainily were in our4iouse, while Shay was sick:— When Martin Shoy got - about after his sickrieste they had as geed an opportunity of seeing him as they had of aieing any other man. When I;came home in the evening, my children said ibis,,' Dad dy. John Rees 4 was thrown in the ditch. Martin Shay was nutiout that eyenirig, and went to bed the Berne as I did. Cross Examined,-1 (heat hear that Reese was killtd that: evening—the drat 'that I heard Reese was killed Wes at St. Clan at the works—l. heard it the next day. Thuriday, I heard be died of the strike he got at the East mines, that: even ing. when I cam - 4 home from my work—hefore we went to bed,. I heard that be got a stroke- r -I can't tell .who II heard it from ; no person that 'night that I Can 'think of, hut my - nn family.— Martin Shay I call part of my familY.._ My, fami ly ere six children, my wife, myself and Martin Shay; my 'oldest child is. I I yeareold-A did'nt hear froth the children that he got a stroke, nor from my wife! ;.We went to bed that night at the usual hour, bet Ween 9 and • 10 o'clock; Martin Shay washed , ' , . and . dressed ' himself that night; when we wash' 'and !clean us we get supper—l was in company with Martin Shay all that even ing, except that , fic Might have gone to the door and so; Martin Shay was not away. thrdevening. - When I heard'-Reese had 'a knock, I ditrut hear who gave him a knock, I heard nothing, more than what the children told me. Shay Might have • beeri p out that night, far half in hour, to go' to a neighbor or so. I say thar,he bad supper With me and went to bed ; cannot say but what he might have gene out some minutes—l have no re collection of ,his being out that night. He did'nt tell me what he beard—l don't know whether my wife knew at!that time that Reese was killed. I lived in the same house when Collehan was shot and *Shay livPd with me ; he was shot from my house on the, mountain; I did not 'see it; !Reese 'was chargedivith shouting him. I did notjknow Callahan. and never saw him to my kno'Wledge _ until on his death bed - after he was shot I was there the evening after he was shot, when I came from' my Work at St.. Clair, Collet:ken was an Irishman. • I never saw any ,dwuniort between the Welsh and Irish 'until that time. I know of 'no hostility between them; they are in the habit neighboring With each other as neighbors usually do. I never kriew John Reese or family to eat a meals victual Wat myhouse.-. When 1 had e tening I invited ] John Reese, but he' could not eome,,because his wife wee not at home; John Reese cookedlthe goose we-bad that day because 'we had not the•nreans of cooking at our houtie.-.- Reese and I mever had aniyi spite ;.T don't know how it is about other families. I never heard any one say it wield be dangerous if -John Reese got out of prison first knew that Martin Shay was charged with, killing Reese:on New. Year's 'day from Martin Shay himself; he went to Pottsville' that afternoon about 2 o'clock, to Mr. Shelly's . where his sillier lived.; he took a hat box with him to his other' sister who lived at Sillimans' ; when he got home be told roe; he had seen the advertisement, and said uncle the name of Martin Shay was in 'the advertisement ; I said there are more Martin Shays' than you in tbe neighborhood. was taken out of the mines to Frock's ta vern ; Mrs. Reese said there, after he was washed that he look like the men ; Shay and Mrs. Reese' were taken down to Pottsville ; I went down too, but not with Shay ; when Mrs.!Reese said this was the man. not in Irishman Spoke ;- said I.' Mrs. Reese what do you accuse this man for with such a crime ; thet Mats Worked withmte all that day, and there's !plenty-4 evidence here that he did ; then she said, that she thought it was him, and began to draw had( a little, and,did'rit say then it was the identiCal man, he was washed - and clean clothes put on him; they put a young Irish chap's Clothes - on him, I don't know his name ; the day that Reese was killed, Martin Shay was with. me the whole afternoon 'at. the breast works ; I once sent him down to getla prop and that was . the only time,he was absent not more than few minutes the Whole time; Shay told me the only time when he saw Collsbair was on his death bed; Callihan ;was.- - a Galway man ; I don't know wholold tite,hut it was in a Galway man's house ho-died. ' Mrs. Mary Brennan, Sworn.—l recollefit the day John Reese was killed ; Martin went to work with my husband that morning in - his' mining clothes; I did'nt see him then again until his sup per was cooked on the; tattle; Martin's !clean clothes that 'day were some up stairs, and some down stain hanging through the house; when he -came homo at night he was dressed •in- his ing_clothes ; he was at • home no time during the day for his clean clothes. He went 'to wark•the next morning with my husband James Brennen, and returned about half part 6 o'clock in the eve ning, with his mining clothes, his shifted clean clothes bong in the, kitehen that day. Martin was at - herrie .no time during the day. I was queiOted with John Reese about 18 months.— .Martin has been in, this country ' two years next Adroit; Martin . was sick about five mopibs, six weeks waited to his. bed ; • Reese's wife and doughty had greatlecourse to my house, they baked in our evert•tor a year ; Martin Shay Went for water to' the spring at:Ratio's- Reese 'sell seldom came into our house; I knave Martiii Shay to go into Reese!v-seieral times. , Cross Examined .- Toe evening that Reese Was killed Martin . Shay went'out for abmit half an how a(ter sqpper ; my husband wax in the house at the time. I can't say whether is soon as ;Shay :came in they watt to bed:" I first hard that 4ohn Reiss ytis o'clock, WA, afters , • - noon. I told my husband and Shay whene 'they came here that Reese was killed, they seemed terrified at it; I did'nt tell them how it was done; they did'nt ask me bow it was done. My•chil dreti told me he was killed. • They did'nt tel me t h how, but that be lay in-the creek. They did'nt tell me howingnie of e any came owe the : re ord iz id e l ni b iy ear be . ;s‘el wee not i nor dh Reese and Collahan took place shoat 16 perches • btihind my house. I was examined es a witness lithe prosecution againstJohUtteese.l Hie clean clothes oil the 2d January, we‘ is his trunk. his - shifting clothes in the kitchen. I never's:stained his trunk. He could'nt take his clothes from the unnkaway without me knowing. he day that Reese was killed, that day Shay wore ' blue sloth cap, a hickey blue striped shirt, and a IbufrcOlored '• vest, with white back. 40 - always ilocked. and . unlock hirtrunk himself. He hid on brown sat- , inert pants. I live shout half a , mile from the ' widow Brennan.. She lyres in the 'Delaware Row above, towards Wadeeville. She is no fele. tive of mine or my huaband. .Collahan is no re lative 'of mine, I, never saw hint until 'after he was 5h0t.,,1 came from the county of Westmead, Ireland:: Martin Shay from the roomy of-Long. ford. My husband from the county of Rascron.- mon. Collahan from the county of Galway.. Patrick Donley strarn.l recollect Reese war killed the last Wednesday,of the old year; I was working at Mr. Laudon siOnes in ,Ifit. Clair, in, No. 24 breast—next bresit, No.. 25;, worked by Martin Shay and James. Brennan. Martin and , Brennan worked that day. Martin came 'to Mr ; . breast in the afternoon for the loan of;, a prop, th. one he had himself was too short—this was bit teiit 4 and 5 o'clock. ' I mmis it was that time: by the oil in the lamps ; Martin came out ~before me, and halloirted to me that it was 6 o'clock • r. overtook,him at the turnout inside ft 4 drift. , Mar tin.l went in along. with me to the work at half past 7 o'clock in , the morning; I saw Mai'four or five times that !liiy, twice in the aftereoon coupling thevagonst and three times in the ferenuon—he came furthe prop later the wegons went out; saw . him neat day in the mines from 7 o'clock till near '6, four or five time.; nobody went home with me that evening, I had to go to the 'Uwe for oil— Liwten'e retina in St. Clair. :Oathe night - of the day Reese was ; killed, / Martin Shay! and Jaime. Brennan went home with me; some drivers came along after ue r ; wayparted at Brides house: I went home; Sharvent to the plaxter he boarded,- < the, evening Johit Reese was killed, I overtook, : Shay at the engine just as the steam was blowing off. , . Cross examined.-1 live at the East mines, the breast I work, David Williams had the winking , of—we worked for shares ;• it Went in hie name. I had worked in that drift more than q year and a balf---Shay had been Working : them between S and 6 months; we generally seen each other twice raday ; there Were a good many people working in and outside of the mines ; we are never told the time of day bth, alWays leave work' of our own accord ;• I didn't hear that Reese was killed until after I had washed myself that night,imy child told me; I asked Envy Williams in the morning if tie had - heard of it, and told him that Reeselind been struck with a pick; my child told rnei that Reese fellin the creek ;itis 9 years old. When I carna the night) Reese was killed, I did not go out , say • wife told me nothing about it ; the child didn't say that somebody had knocked hinr,in the Water, nor that he was dead I didn't hear tbat i he dead until the night after, when I came home from work. Williams is here; when I came to Court here: I wore is - straw hat ; Leaver had econversa• tion with any person-as to whist I shOuld stkearnn' the trial; nobody requested or vvente l the to . swear to certain facti; 'don't recollect tiring aftalk with any bodyion the pavement inl'froot ,of:tair priMing,office ; I had a talk-there with Black Qitigley.abont our-tin:se, last Saturday. I had no `TontersatiOn with any body on Friday, I had no conversation there with James; Brennan ,• I never met a person there who said me.l.by God yon • must; I.never beard that Shay was charged with tho murder until he came home on New Year Day frorri Pottsville' ; I was: sot at Pottsville that day ; wes at home in the hones ellt day, I might have gone as far ae the next boase, I did goes far as the next bosses tre - see- W McCool and Patrick pitch.[ They &do% talk to .me about the inindei, except that ReeserWas dead; they didn't say how it, Was done, or who did it. nor did I in quire: On Saturday Davy Williams told me about it. I was in the mines when phi s y was ar rested ; Shay seen his name op in the advertise , • ment, so 'much' reward. '• Dcri•id l Williams athuro.—l can't say the day of the week Surd when Reese—the night _Reese Was killed. Patrick Dorsey ` came outlyvith me from the mines and James Brennan—didn't see any, body else: I . Saw- Martin 'Shay in, the morning' part of the day in the mines. On that, day I • didn't caution any'brie for fear the rock would-fell on it:mm.l I dont recollect any on borrowing a prop on that day. • . Cross examined.—That eveni .came oue before the boys=Brennan ranee oat of the drift' sideways with', • me—l - saw Martin: Shag in. and. outside of the Mines, but didn't know his second name until after we came down to Pottsville. ~ Alorid Brunt sworn.- 7. 1 know Martin. 1 8115 7 % and have knoWn him about a year . l' I live. , at the East mines, a short distance from Mni.lfrenoan'a.. I know the time that Reese was killed; there was a man about there that I never saw afterwards,: I have. not seen him since—be was a tall, thin. man—l Can't rosy who he looked like, never beard 9. his name ' s—can't tell who he 'looked like, never took such particular notice of him--ne ver saw him in-the mities, : generally saw. hint about my house with another yOung Irishman mined Martin Cent !flings. " It was the talk.of the people, that as he left at that time, he didn't look unlike Shay, and F didn't say he didn't look like him-there were it good - many people talked about ReMse, but I don't know what they said. The reason that I inquired. about Mile man who left, was because be, was in debted to us—l saw this man several times with._ Martin Cummings, but 'I don't know how often''.. I didn't take notice whether he Was pale or not,. but I know belted black hair; he always behaved himself cleverly. Cross examined,—Last summer year, the man was gone, and then when Reese got clear; he was there again. 'The reason I know he was there MIS when Reeke was clear, he anti some 'others came into our house and they were talking i about. Reese. I inquired !Amid him, and they told',me he boarded] with Cuminings, whollives in the old, Delaware Rorir.; I think he live" - therekret t. I ilon't know what he worked at. I saw thiO man 3or 4 dais before' Reese was killed ; he wore a. cap and.soinetimes a bat, but moat Of the time a. hat. 1 can't spy what kind of a coat., • Re-exaniine'd.—l never said that this man, look.. ed asthucblike Media Shay as two drops of wit— ter look like each other—it was said so—they did not seem angry . or make threats, when this mine was talking inlmy housm, . 1 . . Charles l ßrnm sworn.--t don't' recollect there being a strange man there at thcrtime of Reese's death. I know Shay, and can say nothing against. the man; all tkat I can say of bim.is, that be , passed and relitassed. my house, and occasionally came into my house for a half a pound of tobacco and pipes, dida't see him out much among men, be sometimes piays with the boys of 19 or 14 years of age—never saw Shay qaarrelling or .fighting, end I thought he couldn't kill a chicken; never saw bird much in company with men. mare. cameLYcha i Harr, is sworn.—Ttiere was a man,. clime tO my house frequently since last July—be Would go to Mount Carbon and get his pay at the. Delaware Coal Company's ofEce--I Was'irell is-. quainted wiih the looks of the man. Duringthe . Court here he Was at my house, and picked up a, newspaper and, read about the Court. and I said. ~ 1 thought Reese would get clear. 1 He said there. was no use of him getting clear, for if be came to. Pottsville be would he „killed any how. f 1 looked at him and, said it was a'foolish notion, for if the Judge clears bin its all - right. Heenawared, soy - body that killa another'otrght to hi killed. Yes. says I; they sa he killed the man in his own de-,. fence—l said no .more. some time afterwards ; Reese was' kil led—my husband I ihink told me„, and I said it was no mare than Text:meted:for they bragged it wonld'be done. This min carnet to my , how no more, until th e latter patt of March or. the beginning Of April. After a little conversa 7 , - tid o , ( sa il*, him, I expected to eel? you in jail:— said he, have you such a bad-opinion of me—sabi t I believe you ire the man that killed the Welsh., man, what is your name—he said if,l, could, spell, he'd showime, his name,' be pulled up bie,skirr f sleeve. but/ Was too slow tan:fell ii before he ERA .. it down again; A friend of , his Once. invited about j 4 OA oPgais iha said to; IV 4111Get*Ile .: - 1 rl
Significant historical Pennsylvania newspapers