foe Jtstook
Henry A. Fnrsong, Jr.,
Editor
THURSDAY, SEPT. 30, 18W.
KNTKHKI) AT THE PoHT-OKKICE AT
RlOOWAY, l'A., AS SICCONB CLASS
MAIL MATTER.
Kcpubllcnn National Nominations.
For President,
James A. Oahkield, of Ohio.
For Vice President,
Chester A. Arthi r, of New York.
Republican State Ticket.
For Supreme Judge,
HENRY GREEN,
of Northampton County.
For Auditor General,
JOHN A. LEMON,
of Blair County.
For President Judge 37th District.
WM, D. DROWN, of Warren.
For Congress.
C. R. KLINE, of Elk county.
(Subject to Decision of District Con
fcrenee. )
Republican Electors.
EDWIN X. BENSON,
3IKNRY W. OLIVER, Jn
JOHN L. LAWHON.
EDW IN H. KITLKIt,
M. HALL HTANTOM,
J AM EM DODSON.
OKORUK DKH. KEIM,
DAVID K. HOISTOX,
MOKUAN R. WILLS,
HENRYS. El'KERT.
JOHN M.STEH MAN,
ISAACS. MOVER,
ED(tAR riNCHOT,
JOHN MITCHELL,
CORAI) E. KHINDEL,
CHARLES B. FORNEY,
NATHAN C. ELSBREE,
ANDREW STOI'T,
OEOROE II. WIESTLINO,
OEOHOK M. READE,
MICHAEL SCHALL,
WALTER W. AMES,
JOHN P. TEAUARDEN,
NELSON P. REED,
AlOUSTCK E. W. PAINTER,
THOMAS MrKENN AN,
JAM ES T. MAFFETT,
OEOIKiE W. DELAMATER,
CALVIN W. (HLFILLAN.
Respectfully yours,
JOHN CESSNA, Chairman.
HARRY EXLISH.
TRIAL AT RIDOWAY, COMMENCINO
WEDNESDAY MORNINO, SEPT, 2
IKHO, AND CLOSINO SATIRDAY
EVENING, (SEPT. I'), 1880. EM PA N
ELINO THE JURY. OPENIN(t OF
CASE, EXAMINATION OF WITNESSES,
Jl'DOE WETMORE'S CI T A ROE. CASE
TO JURY. VERDICT "NOT GUILTY."
GREAT EXCITEMENT AT THE AN
NOUNCEMENT OF VERDICT.
a ceiebraten case as our readers are
well aware. The New York Herald's
description of the place the crime was
committed, as well as a lengthy argti
men on the circumstances surround
ing the crime, and the particulars gen
erally, attracted considerable attention
nt the time, and helped to make the
murder notorious. . The subsequent
escape of English, an authentic ac
count of which appeared in these col
nnis at the time, and is therefore well
known to our readers. His arrest,
and imprisonment, with the facts con
nected therewith, are also familiar to
our readers. Great Interest was man
ifested in the case oil all sides, which
increased as the time for trial drew
near. A. J. Rummer a principle
witness, was seriously Injured several
weeks ago by being thrown from a
buggy. And it was thought the trial
would be post poned on that account.
An attachment was issued for Mr.
Rummer, however, and the trial pro
ceeded. AVe gave the proceedings in
the trial, up to Wednesday night, in
our last issue. Rut in order that the
trial may be in one issue, for con
venience in preserving, we produce
part of what we said last week, add
ing somewhat to that and then giving
the trial in full, excepting of course
the speeciiesof counsel, which we did
not get, and which if gotten would be
too long for one issue of a paper the
size of the Advocate. AVe give a
short synopsis of the speeches. The
evidence in full in all essential poiurs.
The chargo of Judge AVetmore, we
give entire, from the notes of the
stenographer, Mr. AVeed, to whose
courtesy we owe an acknowledge
ment of thanks, which we now make.
THE TRIAL OPENED.
The case of the commonwealth vs.
Harry English was called at !i o'clock.
Deputy Sheriff AVensel brought the
prisoner Harry English into court.
He was neatly attired in a dark suit of
clothes, hair trimmed and face smoothly
shaven, with shoes blackened. There
was no appearance of bravo, or dare
devil demeanor, but instead a quiet
good looking young man came into
court and took his place beside his
counsel to be tried for the highest
crime of which man can be charged.
Viz; murder. The indictment in this
case was for the murder of Frank
Warnith, constable of Benzinger
township.
Hon. Geo. A. Jenks, of Urookville,
Jefferson county, Hon. Jno. G. Hall,
and C. H. McCauley, Esq., of Ridg
way, with District Attorney AVurzell,
were the attorneys for the common
wealth. Hon. A. B. Richmond.of Meadville,
P. R. Cotter, Esq., of Port Allegheny,
Col. AV. AV. Ames, of St. Marys, and
Eugene Mullin, of Bradford, eon
ducted the case for the defense.
GETTING A JURY.
Commencing with U. AV. Rogers,
who was stood aside, the names of
nine others were called, who were re
quested to stand aside, or were chal
lenged by either- side for cutise, until
the name of John Mosier, a farmer, of
Fox township was called, and no
objection being offered he was given a
seat in the jury box, and counted as
No. 1 in the panel. Andrew Dippold
Jr., the Oth man culled, and coming
two names before the first successful
man, was a step-cousin of Warnith
the Constable, for whose murder
English is now being tried. That is
his aunt'was the second wife of War
nith's father. Deceased was the son
af the first wife. This point caused
considerable talk among the lawyers,
ns to affinity, consanguinity, ties of
blood, marriage ties, Ac., all of which
summed up hud no bearing whatever
on the case at Issue, as any one could
see. Sixty-eight jurors were called
also thirteen who were at first set
aside, were recalled, before the Jury,
which we give In full below, was com
pleted. At ten minutes to 6 o'clock,
Win. Doane, of Spring Creek, one of
the first set aside and recalled, was
sworn as the 12th Juror, when the
names of the jurors were called
and the case was ready for the law
yers. THE JURY.
John Mosier, farmer, Fox township.
AVm. H. Devereaux, fanner, Jones.
Jerrcy S. Stewart, laborer, Rldg
way. AVni. Fannin, laborer, Ridgway.
A. S. Horton, clerk, Horton.
Rufus Underwood, farmer, High
land. Isaac Avery, lumberman, Ridgway.
Geo. T. Rothrock, laborer, Bene
zette. AVallace Johnson, farmer, Bene-
zcttc.
U. AV. Rogers, farmer, Fox.
S. AV. Miles, plasterer, Ridgway,
AVm. Doane, laborer, Spring Creek.
FIRST SPEECH. ,
V. II. Meuiiuley opened the case
for the Common wealth. Commenc
ing with the date of the crime, April
17, 1S80, he reviewed the case at
length, setting forth the line of prose
cution to be followed by the Common
wealth. He de-lined the crime of
murder, argued at length, oif the
enormity of the crime, and the impor
tance of sustiiining every man in the
right of life and property. He espec
ially showed that an ofticer in the dis
charge of his duties should be zeal
ously upheld by all good citizens, that
the law of the country might not be
trampled on. In glowing periods he
pictured the cutting down of the man
Warnith inthe prime of life, and the
gloom of that family circle, made des
olate by the hand of the assassin
while a broken hearted wife mourned
and could not he comforted, over the
broken hearth-stone. Maps were jm
duccd in evidence of the scene of the
murder, also separate maps of various
views of the house wherein the deed
was done. In closing Mr. McCauley
said that he asked the jury "to rend
substantial justice, such justice as is
indicated by the statute that adorns
this temple. Justice even-handed and
we shall all be satisfied."
EXAMINATION OF WITNESSES ON THE
PART OF THE COMMONWEALTH.
O. I). Coleman, of Kane, was the
first witness called and sworn. He
testified that he had had business
transactions with Harry English, and
that English once gave him a check
(check produced) for $112,W,Xo. Hh'.4,
dated Dec. 17th, 1 87'., and drawn on
the First National Bank of Olean, to
the order of Harry English, end with
the name T. AV. Lane signed thereto.
Coleman saw English endorse this
cheek, and sold him some goods and
gave the rest of the cheek in "money.
The Commonwealth offered this
check in evidence, proposing to show
that the cheek was a forgery, and that
the forgery was committed by HoTy
English, to be followed by evidence
that for this forgery the officers were
making the arrest.
The defence objected to the check as
evidence on the ground that it was ir
relevant; that a man cannot be tried
for an offence of which he is not
charged,, for the reason that it proves
another distinct crime, and might pre
judice the minds of the jury.
By the court The commonwealth
propose to show that Frank X. War
nith was the constable of Benzinger
township and that at the time of his
death lie was in pursuit of defendant,
alleging that he had committed the
crime of forgery.aud that the constable
so stated to English infoming him of
the charge.
Thursday morning, Sept. 23, 1880.
Jury called in box.
The court overruled the objections
of counsel for defense and allowed the
check to be offered in evidence.
The check was then read the des
cription being as we have stated.
Mr. Coleman was again called, and
stated that he did not know where
English resided, that he took the
cheek from defendant, at Kane, Dec.
201 h, last, giving him $75 worth of
goods, and paid the balance in cur
rency. He saw English write his
name on the back of the check. Eng
lish said he had been at work in the
oil country.
A. T. Eaton was sworn and testified
that he lived at Olean, nnd was teller
of the 1st National Bunk, that no per
son by the name of Lane kept a de
posit at that bank.
T. J. Burke was called, and pro
duced the evidence taken by. him
while acting coroner in the case of
Frank AVaruith, deceased. The
court orderd the evidence filed.
Coleman was recalled, and testified
that he was acquainted with John A.
Mell. (Show the warrant issued for
the forgery) said that Mell was a Justice
of the Peace and that the warrant was
in Mell's handwriting. The warrant
was dated iu AVetmore township,
McKean county, Dec.31, 1870.
Tills warrant issued by a justice iu
McKean county, was objected to as
not valid in Elk county until properly
indorsed, and on the ground that the
Common wealth must prove that it
was endorsed by a Justice of Elk
county.
Counsel for commonwealth stated
that this evidence was to be followed
by evidence that warrant was indorsed
by Justice Burke, of Elk county,
The court refused to receive the war
rant as evidence until offered as pro
perly endorsed In Elk county.
T. J. Burke was sworn ami testified
that lie was Justice of the Peace Jan.
6, 1880 and also April 15, 180, and
that the signature to endorsement
was his. On cross-examination he
said he was the justice thut weut to
the house of English at the time of the
killing.
Jenks, counsel for commonwealth,
rend the warrant issued on account of
the forged check o,i the 1st National
Bank of Olean for $112,00. This war
rant was endorsed April 15th, 1S80,
and authorized AVarnith to serve it
The outh and bond of Frank AVarnith
constable of Benzinger, township, and
of Philip Vollnier constable of St.
Marys borough were also read, each
dated May 2", 1879. As also a war
rant dated Aug. 8, 1878, Issued by C.
C. Moses, a justice of McKean county,
for obtaining money and goods under
false pretenses. This warrant was en
dorsed by Tlios. J. Burke, March 10,
1880, to constable ATollnicr,of St.Marys
borough.
rat rick Afalonc), sworn,
testified
that he lived at Kane, nnd
was ac-
tiuantcd with M. O'Connor.
Saw the
warrant betore iM. u'uonnor nau it in
ills possession. He is the constable of
Wetmore township iMeivean county,
saw him at Kane and In St. Marys,
came fron Kane to St. Marys Jan. o.
1880, Tor the purpose ot going to arrest
Harry English. Did not know where
he lived. Got constable Vollnier. con
stable AVarnith, and Burke, to help
him. Oot a team and went to Cale
donia, ariving thereat 4 o'clock A. M.
on the morning of Jan. 6. 1880.
Stopped to give horses something to
eat and get warmed up. Got Mr.
Burke at Caledona, warmed and
started to house of Harry English. Ar
riving there on Jan. Oth. Burke,
O'Connor nnd AVarnith were to go
into the house. AVe were to stay out
side. The party that was to go in did
not go. No one entered the house but
me and AVarnith. Arrested English
who was in bed. There were two beds
in the room, wife and children in one
bed English lying alone on foot of
wife's bed. AVnrrant was not read.
English jumped out of bed. Told him
he was our prisoner. He said his
clothes were up stairs and that he
wanted to dress. Signalled the party
outside that all was right and asked
them to come in. Went into his brother-in-law's
bed room down stairs.
Had conversation. English went up
stairs to get ids clothes nnd said he
could not find them. I found them
in plain sight and brought them down
to him. He asked to see his wife and
then escaped. Warrant was read to
English by O'Connor and Warnith.
Warnith had warrant got it from Mr.
O'Connor. There was a back entry in
house where English made his es
cape. On the cross-examination Malonev
said: In January myself and O'Con
nor irom Jvane weut to et. ..Marys.
Started from Kane on the oth. Stayed
at St. Marys until 11 o'clock P. M.
Then went to Caledonia. Got justice
at St. Mary s to endorse the warrant;
he then went with us. A'ollmer,
Burke, O'Connor, myself and teams
ter, six persons, formed the party.
Arrived at Knirlish's house between 4
anil 5 o'clock on morning of Oth. Saw
Burke on rtli late in tlieevening; after
11 o'clock before we started. Warrant
endorsed late in the afternoon. War
rant was issued by John A. Mell. Got
there on morning of Oth. Endorse
ment on warrant before we left St.
Marys. The door of English's house
was not fastened. Left three men on
the outside; two went into house.
AVarnith said to English: "You are
my prisoner." O'Connor was outside.
AVent up stairs and told English we
had a warrant for him, did notsav
what for. English got up, dressed,
and went downstairs, where the war
cant was read- Did not see English
after lie got out backdoor. Heard a
shot, but heard the word "Surrender"
three times before I heard the shot;
think it was AVarnith who called on
him to surrender. Don't know where
English was when the shot was fired,
for I was in the house, but AA'arnith
was not in the house at the time of
escape, lie and English went up
stairs. I he men outside were called
in when English came down. Heard
shots fired. Did not see Harry Eng
lish after the shot: heard three shots
anil next saw Warnith run across the
road. Got our breakfast at Dixon's,
Caledonia; warrant was not endorsed
at this place. Did not see warrant en
dorsed. I saw men writing in Burke's
oillee; this whs after dark; 7 or 8
o'clock. Dist Att'y ami Burke were
present at the time.
G. IT. Wurzell, sworn. I saw war
rant .(warrant shown1,. The endorse
ment is in my handwriting, and
whs done on the night of Jan. 0, lbSO,
by lamplight at 8 or 8.J o'clock.
Cross-examined-EiiiIorsement night
of (itli in Tlios. J. Burke's ollice. En
dorsement, except signature in my
handwriting.
Re-direct Before going to Cale
donie, warrant was endorsed.
Cross-ex Before they started. En
dorsement on night of Oth. 1 think it
was on night of 0th.
T. J. Iiurke, re-called. Endorse
ment made Jun. 0, about 0 o'clock af
ter mail arived at St. Marys; was
along when warrant was executed.
AVns requested to go by the ollicer in
charge, Vollnier and Warnith also re
quested ine to go. Mr. Rogan drove
the team; left St. Marys betwee 10 and
11 o'clock; distance 14 miles. I went
through Caledonia to the house of my
father one mile from Caledonia.
Stayed there an hour or so, leaving at
break of day, going to Jack Gardner's
house, as tar as from here to the Jiyde
House from father's, where Harry
English and Jack Gardner, brothers-in-law
lived in the same house, one on
one side the other on the other side.
Before going to the house O'Connor
gave the warrant to AVarnith, and
asked him to go in and make the ar
rest. AVaruith asked ine to go in with
him. Did not go. Maloney said he
knew Harry and wanted to go in,
Maloney hallooed: "Come on boys
he is here." Maloney, AVarnith aud
Englisirwere in the tiouse. E. asked
to have the warrant read; was read:
said he would go as soon as he dressed
himself; he uttempted to go up stairs,
told Gardner to bring down his
clothes. G. went up and could not
find them. Asked E. to come up and
get them. I and Maloney went up
and got the clothes. I suggested that
handcuffs be put on. E. asked to go and
see his wife; A'ollmer objected. Front
and back doors were opened. Put
back to one door. Vollnier to the other.
E. whispered to wife awhile, then
passed into room where we were, and
said he was ready to go. AVarnith hail
trouble in getting the door open. I
heard some one suy: "Halt! halt!!"
Heard shooting.
Cross-examined. Started from St.
Marys Jan. Oth. English lived 1 mile
below Caledonia. The party was iu
a saloon drinking the night before. I
might have taken two or three drinks.
O'Connor did not drink. I and Ma
loney took a drink. Think AVarnit'.i
did not drink. Stopped at father's;
had whiskey along; had drinks on
road. The bottle was empty. The
teamster, Rogan, carried pint or pt.
of whiskey. Might have been another
bottle of whiskey along besides the
teamster's. Father is a laboring man;
lie had no whiskey. I got no whiskey.
Hau no wuiskey at Harry ji,ngiisii s
house, did not know of any whiskey.
and saw no one offered whiskey.
iie-uirect. no not know ofmoretnan
pint. Vollnier, AVarnith and O'Con
nor did not drink.' Maloney took a
drink. 13 miles from St. Marys to
Caledonia. Lonir mile beyond Cale
donia to Gardner's resldeuee. Gard
ner's residence Is In Elk county.
Edward Largoy, sworn. Am ac
quainted with Harry English. Met
him 'on morning before last arrest. E.
said that if the Sheriff or any officer
came it would be nil right, but that lie
would not be taken by a mob like the
one that made the first arrest.
Cross-ex. Said he would go with
proper officer. Believe lie said
drunken mob.
E. II. Dixon, sworn. Live nt Cale-
,1m. In nrwl 1- . IT., ...... I.1 .1 r.1 ! ., I .
him speak of first arrest fre
quently; neard him say one thing
and another. After first arrest he said
a gang of men or a mob from St. M
came niter iiim, and they "wasn't a
nit ie nil gooa." That lie would not co
with such men. that thev were cow
ards, and shot at him while he
attempted to get away. Next time it
would be his turn to shoot. Said that
there were no men it St. Marys who
could take him. At other times said
he would go with officer, but would
not go with AVarnith or Burke. Said
that if that damned Dutch s b enme
after him It would be his turn to shoot.
Cross-ex. Did not complain. Said
mob came over and shot at him; said
this at different times. Frequently
said he would not be taken alive.
O. W. Dixon, sworn. Know Harry
English partially.Heard him say that if
them Dutch s bs from St. Marys at
tempted to arrest him he would shoot
them. Heard him say this iu bar
room a short time before; a week or so
before. Cross-ex. Said they shot at
him and it would be his turn next.
Re-direct. Am in employ of E. H.
Dixon.
IJurlr, recalled. To the question:
After the loth of April what was done
with warrant? He replied that con
stable AVaruith had it, and was going
to Jay township with it, also a tele
gram was expected from Kane by the
constable, which he directed to have
delivered to the witness. Constable
A'ollmer said he had a warrant liini
selfand went along. George Kreig
also went along. I requested Dist.
Att'y to go, also nsked Kreig to go.
All consented. Started between 10
ami 11 o'clock on night of 10th. My
self, AVurtzell, constable A'ollmer,
and Kreig left St. Marys and
drove to AVarnith's house at
Spring Run, which is two or three
miles from Caledonia, and ten miles
from St. Marys. Dist. Att'y woke up
Warnith, when he got ready, got iu
the wagon and we drove to Caledonia,
drove horses -10 or "i rods this side of
Dixon's hotel and hitched them off
the side of the road. About 00 rods
back. Drove off road before we got
to hotel, (map show witness) Drove
along to there (indicating the place on
map.) Except Vollnier and Wurzell
who went to hotel aud woke up Dix
on. The rest of the party stayed at
bend in the road. I heard nothing of
wliat occurred at the hotel. They were
gonea few minutes, and returned and
said that hotel was full. Dixon took
us to haymow where we stayed until
about 4 o'clock. After 4 o'clock when
we came down from haymow and took
stations at house of Rummer. The
party were stationed: A'ollmer near
privy; Dist. Att'y at south-west cor
ner; Geo. Kreig at north-weft corner,
near cellar door; Warnith stood at one
front door and I at another. Wur
zell came around to Krelg's corner
where they consulted together in whis
pers. Dist. Att'y said it was light
enough to go in we said not. Front
door opened and English came out at
door nearest north-west corner. I did
not see him until AVurzell said:
"there he is." E. turned around
and looked at us. Warnith said, witli
revolver cocked: "Harry, surrender,
you are my prisioner," when E. ran
iu yelling. He commenced yelling
trom the first. Warnith followed
E. and I followed AA'arnith.
E. E. Williard, sworn. Am civil
engineer. Lost Friday was at Cale
donia, went to take measures. Made
survey. All buildings are correctly
shown. Scale 30 feet to inch. Made
drafts of Rummer's house, (shown
draft.) that is front view of house, roof
drawn from estimate. Six holes in
front of house, (shown draft) that is
rear of house. Broken glass In rear
of house. Two rooms down stairs
4 windows dowu stairs, 2 windows
and door iu rear. Stairs go up from
rear of house, 8.35 feet from lower
to upper story. The boot shown on
steps is No. 7 and is correct with the
scale of one foot to inch.
Cross-Ex. Holes have appearance
of buckshot holes, are through the
wall and have the appearance of com
ing from the outside. Saw where
shots landed inside. Could not tell
the angle at which they weie shot as
the balls scattered.
Iiurke, again called. E. came out at
north front door, about ten feet from
him when he was called on to surren
der. Warnith spoke loud. E. turned
around and run in with a yell. AVar
and myself followed English ran
around to the rear of the house and up
stairs. Warnith was close after E.
and cried, "Halt!" I was close by
AVarnith when he fell back, and his
revolver was discharged. Found ball
sticking at head of stairs 3 feet up
from lloor. I found ball. English
was pretty well up stairs. AVarnith
says"conie on, "ana rushed up stairs. I
followed. He ran to the left door at
head of stairs and I think opened the
door. Rummer said E. was not in
there. There was a light burning in
the room just across the hall. AVar
nith run in there, came out and looked
in another room, then into the room
he first went into. Aft he was going
in he said, "that man is in here," got
into the room and was going behind
t lie door, or around the door when a
shot was fired. The shot struck AA'ar
nith. A'ery loud shot; louder than
pistol shot. Inside of first room to left.
Same room Rummer was in. Saw no
one else in the room. Door half
opened. Rummer had no weapou in
his band, as Warnith was shot un
other shot was fired , striking, me iu
the leg. Thiuk is was a pistol shot.
Shot struck in hall, saw it same day;
did not examine bullet. 2d shot
struck clothes on thigh. Left thigh
grazed. Door was shut. AVarnith
staggered down stairs. Drew revolver
and cocked it. AVarnith down ahead
and into the yard where he fell on his
face. I followed him up, had club in
hand, piece of pick handle Got it at
Spring Run to strike English In cuse
he resisted. After he staggered down
stairs I got out my revolver; asked
him if he was hurt, when he said he
was killed;, that he was shot through
the bowels. He fell on his face lying
near coal house. Shot fired from rear
up stairs window, Just behind door iu
same room as first shot: saw gun stick
ing out: heard nothing before the
shot; gun seemed to be pointed toward
us. 1 told J? rana togei up; ne tried
to iret un. Another shot was fired
from same place, and nnothershot fired
between them, Immediately after first
shot, fired from out doors, that is 2nd
shot. Wurtzell had shot gun. Holes
In house had appearance of buck shot.
AVarnith fell once or twice going to
the hotel. Kreig assisted him. I
took position at shop. Remained a
few minutes wurtzeii called bacK that
It would not do to miss English
Wnrtzell nsked for Kreig, when Voll
nier anwered; then a shot was fired
from the house judging from the
sound, A'ollmer stud he was lilt. I
told him to come up and not stand
there for a target. Vollnier went to
the hotel. After Vollnier came over
I remained and helped hlni. Tele
nhed to Dr. Hartman at St. Marys
also to sheriff Oyster and to a priest at
Driftwood. The wounded men were
carried to the hotel and were laying
on couches in front room. Heard au
other shot, and saw English run.
Louis Fngley was In the store. E.
ran from rear of house to creek, he had
got nbout half way to creek when he
was fired on, and returned the fire.
Fired before he got to log, and after
wards with AVluchester repeating rifle.
I kept my pistol. AVarnith left his
where he fell and never got It again
The Doctor, came at about 10 o'clock.
Dr. Swiers came from Benezette.
Hartman came In answer to telegram.
Dr's. remained all day nnd until nf
tcr Frank Warnith died, then made
postmortem examination. He died a
few minutes before 5 o'clock, after
noon of same day. Post mortem ex
amination held very soon after his
death. I acted as coroner. Drs.
Hartman and Swiers were there.
AVarnith said from the first that he
should die because he was shot in the
bowels. Said he was shot by Eng
lish. Cross-Examination. About 13
miles from where I live to where
English lives; was in St. Marys night
before the shooting. They were all
with me except Warnith. He was to
receive a telegram from Kane when to
go, which telegram was to be de
livered to me. I was drinking no
more than usual. I was not drunk the
day before. Kept no count of drinks;
did not take great many. Did not
have bottle filled at Franklin House.
Oot no whiskey at that house. Got
stone jug filled witli whiskey for my
father, but think there was not two
quarts in jug; about qt. of whiskey in
jug. minw Hanscon, ne is now ocau.
Did not want to get whiskey of Hans-
com. he did not say that I had too
much whiskey, A'ollmer was not
drinking. Never saw A'ollmer drink
a drop in my life, I had not drank
enough to be visibly affected. Hans-
com did not accuse me of being drunk
I may have drank some beer. Can't
keep track of number. Drank no
beer nt Crouses, might have been
there. Know Tlios. Stottsberry. don't
remember having any conversation
with hlni. Saw him around for sev
eral davs. I did not say that I would
shoot English or he would shoot me.
Saw Stottsberry in town day before,
Yesterday. Did not ask him what he
was going to swear to, and did not tell
him to go away or lie would do ine
harm. We had a hack; went to Gard-
tier place thence; to Spring Run.
(.lot no drink there nor on the road;
nodrinkimr place at Spring Run
First went to bed. Took no drinks
before going to bed. Neither when
got up. Saw no one drink. Did not
go to my father's. Left the jug
in nam, also winsKey. took it oway
after the shooting. Sent my brother
after it. None of our party ever tasted
it, except a little in water for Warnith.
Dixon, Daugherty, and Judge Jones
took a drink out of it, I was tiiere all
day. (Jot there shortly after 4 o'clock
A. M., just before daybreak, not very
dark. Saw Harry English some time
after taking station. He stood at door
looking up toward the hotel. Wurzell
said: "There lie is." AA'urzell had
double-barreled shot gun. I had a
pick handle and revolver. Did not
have jug of whiskey. Did not urin
myself witli pick handle. It is not a
fact that I had the whiskey inside.
Rode in cold, und lay in haymow, and
was remarkably sober. It was a sober
occasion. A'ollmer had a double-bar
reled shot gun. Kreig had a shot gun.
(Suns were not loaded when we left St.
Marys. I did not examine guns,
and had nothing to do witli loading
them; was not where they were
loaded. Said they loaded them at
Dixon's hotel. H. E. yelled after
Warnith went for him and said: 'Vou
are my prisoner." Yelled after he got
into house. (Witness imitated the
yell which was a cross lietween the
hoot of an owl and the cry of a wild
cat.) AVarnith did not shoot first
from outside. No pistol shot from
outside at this time. No crash made
in opening door of house, did not push
door iu. He was running when we
got in, and never stopped. Hail
nothing in his hand when lie was out
doors. He ran around to stairway.
AVarnith nnd I were after him. No
chamber of my revolver empty. Did
not load my own revolver. It was a
borrowed revolver, and was loaded.
Do not know that every chamber was
loaded. Alter the shots In house had
all been fired I took out my revolver.
Warnith shot twice. E was going un
stairs, probably had reached head of
stairs; we followed close; lie did not
stop running, but kept going; don't
know where he got the gun, may have
snatched a gun going along. Dark in
house, and he may have got gun, with'
out our seeing him. Saw blood that af-
ternoonjdid not hear him say:"Don't
murder me: don t snoot me!! ' Did
not beg us not to shoot him. The
women in house begged us not to
shoot. Old man begged us not to
shoot. Don't think there was any
thing said about children. Heard no
shot before H. E. got to foot of stairs.
Am positive. 1st shot fired may have
been on landing. As AVarnith fell he
came back on me. then shot was fired.
I did not shoot. The shot was from
Warnith's revolver, which he had in
his hand all the time. I am satisfied
it was his pistol, it might or might not
nave ueeii puiuieu luvvniu 11. iu- xliii
certain it was the ball. Ball iu parti
tion at head of stairs; we went up to
gether. Only one shot after we got to
bead of stairs, saw no one in stair
way; Saw Mrs- Rummer in little
room: she spoke about not shooting:
she said quit shooting around here;
But one shot from Ji. E. went up
stairs: 2nd shot tired killed Warmth.
I did think that it might of happened
that the shot that killed him struck
me. I think he shot mo as I was go
ing up behind him. After we searched
the room two snots were nreu in quicK
succession. I wus standing near door
at left. H. E. shot hlni; Warnith's
pistol went off Immediately; he swung
around and fell against me; he turned
clear around and seemed to be knocked
all to pieces; think pistol went off ac
cidentally; don't know whether first
shot was accidental or not; think sec
ond shot was. Have investigated
since. I was not shot badly. I ex
amined the clothing that deceased
had on when taken off and since.
Have concluded that it was not that
bullet that shot ine. Know Mi's.
Currie; do not know that her name Is
Lydla I did not tell Dixon that "I be
(J d if I knew who shot that man,
whether it was I or English or who,
as we were all shooting together.
Thursday, P. M. 1J o'clock.
, Jury In box.
liurke again. Cross-Ex. Did not
see A'ollmer drink. Drank no beer.
Nor AVurzell. Know Joseph Dill.
He did not tell me that our party was
too drunk to go and arrest English;
didn't see Dill at all. Suppose H. E,
fired; two shots fired at same time;'
three shots tired in house; two were
fired by Warnith, one by H. English.
I did not shoot. Might have said that
I shot; Snv on my onto I did not
shoot at all. Do not know that chain,
her of revolver was empty. Don't
remember telling Deputy Sherilf
Wensel that my revolver was
empty may have told some
one that a chamber of revolver was
empty; was under the impression
that the ball fired by AVarnith struck
me in tbe leg: never thought ban
went through leg. Think I did tell
Horton and Wensel that ball went
through leg of pants. I stood nt
threshold of room. Did say that
throught the ball that went through
leg went into floor. Two shots fired,
was under the impression at that
time that H. E. had fired two shots
Two shots near same time in room, not
exactly at same time, but a few
seconds apart ; went there afterwards
ami measured the distance taking the
ball holes tor it. JSow think it was
the ball from Frank AVarnith's pistol
that went into floor. Do not think it
was the ball that English fired that
struck me because the ball was dug
out and was a pistol ball. This might
nave uud something to do with chang
ing my mind. Believe I testified that
the ball from Frank's pistol went
through my clothes. Measuring dis
tance has changed my opinion
Seeing AVarnith's clothes also helped
cnange my opinion, ti. pj. only
yelled going up stairs. Don't re
member telling any person that he
said, "Don't Shoot 1 Don't Shoot!"
as he was going up stairs. Know 1 was
sober;did not dance a jig in Dixon
bar-room after the shooting nor did not
act as a drunken man Have not been
on bad terms with Harry English
Used to speak when we met. No
quarrel with him. Took a few drinks
together at Wachtel house and talked
over old times; do not think we had
angry words; never afterwards had
angry words with Harry English ;
three shots before AVaruith fell on
ground.
Jte-turect. uranit no intoxicating
liquors from time leaving St. Mary's
to the time the atlalr occurred. Kest
of party did not drink except "Kreig.
All of the party were sober. One of
the guns got nt Dixon's hotel. AVur
zell lind it. Kreig had an old shot
gun. A'ollmer had" a shot gun. AA'ar
nith had a Smith & Weston self-cock
ing revolver. ((Question as to nervou
contraction overruled.) run the l.rige
when revolver would go off same
any other revolver when cocked
wiiiskcy In jug was for father. Al
sober at first arrest. Party consisted o
James Rogan and team, Maloney am
constables Frank Warmth, Aollmer,
and O Connor; none of the purty
drank after leaving t. .Marvs; drive
stayed at father's house. In Rummer'
bouse once in the niter noon ol same
day. Provision made to hang gun in
lower story of house; would pass gun
in going up stairs; gun would be in
reach; no gun tiiere in the afternoon.
Warnith said his pistol was acciden
tally discharged. Nothing said ns to
how he came to fall back into my
arms (piece ot board shown Irom
hallway at head of stairs, with the bul
let hole in it.) Hole iu hoard the ball
spoken ot us going through my leg.
(Mioweil jury where ball struck thigh
also the patch taken out of panls.) I
had Warnith s pistol, don t know
whether it was loaded or not; got it at
Spring Run. Borrowed the revolver
had ot hardware man. Wensel got
the pistol that Warnith had, got it
the next day. Said I fired one shot
out of it the night before on the hill.
Don't know that I spoke to AVensel
before about it, may have done so:
may have replaced the cartridge as I
hud carl ridges with me.
Cross-Ex. Harry English simnoscd
to be behind the door. 1 stood in I lie
doorway. No one but driver took
drink out of bottle. Didn't drink
anything out of jug. It is possible
for me to ride 14 miles without taking
a drink.
E. WUard, re-called, (shown
board from hallway.) Board came
from floor in entryway. Dixon took
up board. I was with him. Taken
out last Friday. Bull fired at nearly
right angles with partition. Distance
from door to ball hole 4 feet 2 inches,
the angle of the bull would indicate
tluit the pistol was fired at the height
of about 2J feet.
O. W. Wurzell. re-culled. On 10th
April last was part of the time in St.
Marys, and part of the time in Jay
township. About 8 o'clock in even
ing, after geting cigar, while walking
down street met Burke, who said he
had received a telegram from Kane to
go to Caledonia, asked me to go and I
consented. went to spring Kun
which place we reached at midnight.
Think Vollnier hud a gun, 1 hud no
gun. Left St. Marys at 10 o'clock;
wus feeling well; was not drunk; went
for exercise. Did not drink the day
before, nor a month before for that
matter. Warnith was working for
Kuul at Spring Run, where we found
him sleeping in a temporary structure.
He asked for time to get his clothes
and warrant in satchel. I ate some rye
bread. At blacksmith shop got pick
handle to be used as a club or uiuce in
case resistance was made by party to
be arrested. Tied horses on side of the
road, near Caledonia, and left one
man to watch them. Warnith first
went to Dixon's house, came back and
then by request I and he again went
to Dixon's. Borrowed his shot gun.
Stayed in his barn about two hours,
or ut about 4 o'clock when we all got
up and took stations around the Rum
mer house. After about 10 minutes I
went to where Kreig stood and sug
gested the propriety of going in, and
surprising the prisioner while he was
in bed. I insisted on going in. Heard
sort of rustling sound ut door, thought
I recognized the prisoner. Burke
and AVarnith called on him to halt
and surrender. He stood irresolute a
moment and then fled to the house.
Heard tramping in house and in a
minute or a minute and a half heard
a shot. I stayed outside, heard tramp
ing of feet inside like people going up
stairs. Heard shot, then all was si
lent. Warnith came out supporting
himself by the bowels with both
hands and said "My God, George I
am shot!" Offered him consolation.
Saw guu out of wiudow heard a shot.
Recoguized a person in white shirt.
The gun was pointed toward us. I
fired without taking aim the shot tak
ing effect in the eaves of the bouse,
Did not see Warnith for some time.
Heard one shot then another, two dis
tinct shots. A'ollmer cried out that he
was shot. English was iu the house
after firing out back J
him two or tnree
Meantime. I had stayed
the house of Bateman , Uon a
Rummer house iy P ';' J ,
around corner. Saw Engnsn "' ""
then heard shoot Ing and saw him me.
I shot nt him while ho wus i
, povnlver. nnd men
called to people to bend oil English, he
shot once after reaching the log; I saw
the smoke; there was some drinking
done at Sping Run; Kreig drank j did
not, nor warnitn; mum vum...
did. . . . ,
Cross-Ex. I am Dist. Att'y. Jiveo
n Kt. Mnrva nt. the time. Burke
asked me to go and help arrest him.
(Sot pick handle nt Spring Run, pre
paratory to getting into wngon. jvnew
before we started that Burke
Intended to go to his father's, he did
not intend to go until alter the arrest.
rick handle about 2J feet long, to be
used on H. E. in case lie resisted. I
nm Dist. Att'y and always carry re-
my overcoat pocket ior
protection, as the town of St. Marvs is
not lighted. 3 or 4 squares from o'tllce
to hotel located on street alonir side th
railroad. Office Is on public, street.
Sometimes carried bank key, and
had the revolver as a protection
against robbers, or any person who
trespassed against me, especially at
night, we carried tnc snot gun which
by a common understanding was to
be used in case of resistance. Burke
was to use club on prisoner. I sug
gested overawing him. Though he
would submit. 1 did not skulk be
hind an outhouse. It Mas the pro-
gramme to hold guns on Hi. ana .
demand his surrender.aiui l suggested
(You have just struck it, It was tho
Idea that we were going to overawe
him and make the arrest without
bloodshed.) Don't know why we
did not say: here we are with warrant,
shotguns, bludgeons, &c, that in case
he attempted to escape we wouiu an
stop him. 3 revolvers in crowd, i. shot
guns, and Kreig had nn old army
musket. Waited 4 Hour auer we weiu
stationed. AVarnith nnd Burke were
to make the arrest. I was at the cor
ner of the house. Changed my
position several times. I talked to the
other parties. Never thought to go
and knock. Positive there was no
shot outside the house. Distance from
my gun to window where I shot be
tween 20 und 30 feet I think un ex
pert marksman could hit a man the
size of Burke 30 feet distant. I did
not aim when I shot. 1 hit the house.
Do not know as to English's marks
manship. I know James Bateman.
Saw him afterwards. Had not been
drinking and was in my normal con
dition: do not know that I said "I
would make It hot for the citizens of
Caledonia." I intended to have an
Investigation made in the interest of
public Justice. I denied to Bateman
thut I iiad shot the gnu. AVhen I met
Mr. Bateman in road he said that E.
had done nothing, thut what he had
done was to the rieli and not to t he
poor, lie said E. was all right but
for that bald-headed s b of a
Dixon. Advised nie to light out for
St. Marys. I discovered that my
presence was not desirable; told
several lies ; told them that 4 or o
men watched the creek. Told the lie
to mislead them. The cap was taken
off my gun while at Baleman's
house; Burke may have drank; I con
sidered the party all perfectly sober,
entirely so; Did not have gun loaded
after it was shot. Put a cap on after
wards; I old iSatenian it made no
difference as 1 had plenty of caps
which was not so; told them so be
cause I was afraid the Bateinan's
were carrying news to English; They
said the State's Alty had no business
tiiere and that tlie best tiling I could
do was to run home. I got down in
gully and took deliberate aim at Eng
lish while he was running, without
gauging the result, but with the in
tention to shoot him ; held square on
him when he was 200 or 300 feet away;
this was after AVarnith and A'ollmer
were shot; when I shot at window did
not consider where I shot.
Note The next witness called was
(ieo. Kreig whose evidence we omit,
together with the rest of the proceed
ings up to the time of charging the
jury. The rest of the testimony will
appear in our next issue. Ed.
Satun
fHARCi i:
ay Evening, Sept. 2", 8S0.
OK .IL'DOE WET MOKE TO THE
OlIANlt J U1IV,
(Icnlli iiirn of tlm Jury. TlicofTcnsP nluii ircil
In Hie liiilli'tniont, hi earni, is murder.
Kill" the purpose ol'siistiiliilnK tlio clmrKU on
tli' part of I lie e'oiiiiiiuiiwi-Hltli u wiuiunt is
ott'i'ioil in evidence, issued by Justice Mell, of
Wetmore township, MrKiuli county, to the
Constitlile of Mint township ctnirlim u felony
and giving n description of the otl'ense. Th'u
Constable, M. O'Connor on the oth of .tiinu
ury, issii, went to the borough of si. Mm-ys.
Klk County, and he there saw Constable
Wurullli. (There Is an endorsement on this
win-rant sinned by Tlios .1. burke.) burke was
nil lifting Justine of tlio IVaco, iu St. Marys
KoroiiiOi ut that time. Thia endorsement
gave. O'Connor nulhority to execute the war
rant iu the county ol klk. O'Connor, ns wo
lenrn from theevldenco, saw Frank Wiii nltb
constable of beiixliifor township, uud also
l'hillp Vollmer, constable of St. Marys Bor
oimh, nnd with these persons, together with
Tlios. .1. Hurke. nnd perhaps with the driver
went to Caledonia, or near Caledonia, to tlio
house where ItiKiillexed thedefendant Harry
English was then staying;. It appears front
the evidence that wnrnilh stated lo him at
thnt time, that lie had a warrant nnd told
Itlni ttaf lie should take him as bin prisoner, bv
virtue of the authority of the warrant thu't
he had with hint. Without going into the
details of .what occurred nt that time, tiiere
was substantially uu escape from the otlicer,
and they returned. The authority of the
ollicer to net after the endorsement upon the
warrant, by Thos. J. liurkc, the Justice of
the Pence of Elk county, wus sufficient to
uuthoiizo the ottloer to whom thut was de
livered, together with the persons Whom he
might call upon to assist iu the performance
of iiis oliiclal duty, to go to the placo where
Harry Knglisli wus, aud arrest him. And a
warrant with proper endorsement was au
thority for tlie otlicer after it was endorsed iu
due form U was sutneient authority lor him to
cull to hlsusslstance persons iu Elk county
to uid him in the arrest which lie was ubout
to make. And the warrant thut was thus
endorsed, wns ills sufficient authority, as I
have suld, for thut purpose. We learn further
irom ine evidence, mat ubout the loth of
April, 18SH, the constable of Benziuger tow n
I ship hud this warrant, and again undertook:
l to execute it. On the litli of April, IKSij, tiiere
; is this endorsement: "Frank Wuruttli is
hereby authorized to execute the within
Warrant Iu nny part of Elk-county. Pa.
W llness my linnd and seal. Thos. J. iiurke
Justice of the Peaco."
Under this authority, as we learn from tl.o
i evidence, the constable of benzinger town
i ship, t runk Warnith, together with Philip.
I Vollnier, and Tlios. J. Iiurke, with the other
persons who have been named, after they
had met at Spring Run went to the residence
of Harry English, or the place where he was
supposed to reside, for the purpose of agaiit
executing the warr-ut. It is in evidence
before you that the warrant was delivered to
Warnith, that these parties accompunled
him, and lie had it at Spring Ruu, as some of
the witnesses have stated, for the purpose of
executing it. A question lias been raised as
to the authority vested in Warnith by virtue
of the endorsement of this warrant on the
rth of April, 1NM). The Act of Assembly
authorizes an otlicer, in pursuance of the
wuriant that has been Issued, by the Justice
of one county to bring it to the Justice of
another county, and on proof by outh or
aftlrmatlon of the hand wi lting of the justice
by whom the warrant Is issued, the Justice Wi
the county to whom the warrant is delivered
by endorsing his name upon the buck of i
authorizes the person who thus delivers It
to linn to execute the warrant, aud it also
authorizes the person or persons to whom,
the warrant was originally delivered to ex
ecute the warrant. We suy to you as a
mutter erf law that tbe endorsement, duted
April lo, issu, Dy Tlios. J. Burke to Warnith
to execute the warrant was without authority
of law. Tiiere is uo urovislou in the Act of
Assembly by which an endorsement of that
kind could be made : there is no authority iu
the Justice of th Peace in Elk county, to
make a special endorsement, authorizing a
constable in the county of Elk, not the
pej'sou who originally brought tjia warcasl