The miners' journal, and Pottsville general advertiser. (Pottsville, Pa.) 1837-1869, June 19, 1847, Image 2

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ThOM. ova ;OnWtoentran Colingt.ronnearr.
' ' PrilidMdillgß....er: Court.
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I nefin.4 judgei Kifttitt ralaii7 and iftiliZintr..
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COVICUOIr',CiDADTER SESSIONS OP SCHUTL.
' '. KILL COUNTY, OF JUNE SESSIONS, 1647.: ~
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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