1 mi ivnmk. Henry A. Parson, Jr. Editor THURSDAY, OCT. 7, 1880. Enteued at the Post-office at RllKIWAY, 1A., AS SECOND CLASH MAIL MATTER, II A RUT EMJMSH. CONTINUATION OK THE EVIDENCE IN THIS CELEI1HATEI) THIAL. Thursday Afternoon, fcept. 23, 1880. Oeo. Kreig, sworn. Was along April 17. burke naked mc to go; left ' between 10 and 11 o'clock. Stopped nt Spring Knn; Frnnk Warnilli went from there. Tied horses nenr Cnle donin, then went to Caledonia; slept in Dixon's burn. Frank Warnith nnd Wurzell went to Dixon's. Woke up about 4 o'clock. Went down across the road to Rummer's house, where Harry English lived. Did not see H. 12. I wus at front door first, then went to the back door. Heard a racket; heard yell and tramping; had been no firing before. Heard tiring in about half a minute after tramping. Thought the first shooting was up stairs. In a short time heard as many as three shots. Saw Frank "Warnith come out of the front door, he limped along and fell down. Heard shooting alter that from front window. Then two more shots some time after that. Think there was an other which came from front window. Heard no tiring from outside. Wur zell was behind me; do not know that lie shot. urn i th and I went up to Dixon's house. I helped him along. Doctor sent for. I went for doctor. Cross-examined. It was at break of day wh'-n we went to English's, house. I was standing first at front door of house, then went around by my right hand to rear or house. Jluike and Wur.ell were standimr at right hand corner. All was silent up to this time, just going around the house as I heard the shot; went to my place. Sounded to mo as though theshot was in the house. Am in t certain but that it might have been outside About half a minute before I heard the shot, from the time I saw Rurke and Wurzell. I was armed with a shot gun or musket. Think it was loaded with buckshot. Don't know what was in it. George Wurzell had a revolver. Suppose there was wbiskev in jug; there was whiskey called for, to pot in the jug; I took two drinks; don't know as I saw any one drink but me; was in back seat; saw Jug put in the wagon; got the whiskey at Windfeldei's. Tnm Burke got the whiskey, it was a two quart jug. Took first drink at Spring Run. Ail got out of wagon at Spring Run. I took the jug out of the wngon and carried it into Joe Dill's lobbv; took the jug in and took a drink. 'Eating Junch in Joe Dili's lobby; wanted whiskey to wash down lunch. Att'y was eating bread and something else; set thejug down. Was in town ami took some beer; generally take beer when in town. Don't know as Rurke and 1 took any before we went. Took "two glasses of beer together in after noon. Took another out of jug at Dixon's barn. Wanted to have it there and left it there. Did not know that whiskey was for Burke's old father. Re-direct. Saw no one drink out of jug along the way or at Spring Run, except, myself. Burke was In saloon. First saw Vollmer at AVindfclder's, at about 5 o'clock. Wurzell and I went up and woke up Warnith at Spring Run. Two drinks did not make me drunk. A. .. Hummer, sworn. Was at house in Caledonia on the morning of April 1". Defendant is my son-in-law. Didn't see anything it was too, dark. .1 do not know who shot Warnith. 1 suppose Harry linglish fired the shot. I was iu same room, no one in room but English and I. Saw Hash; heard click of Winchester. there was a Winchester ritle in the house; it be longed to me; saw it rii-cit at window was in English's hands. Kept it on lower floor handy to kitchen hung on leather straps. (Arrangement of straps indicated by witness.) Know that gun had been taken oft' straps, (iun was in straps when I went to bed. Next saw it at the window in the hands of Harry English; he was pointing it out the window. Cross-examined. Was asleep, in large room at left hand side of stairs. English was in right hand room up stairs. I was sound asleep and the first tiling I heard was the racket in me. suurwoy wuicii awakened me. Heard some one say: "Don't shoot! don't shoot!!" Then there was a uiainur in luesiuirwuy. i nere was a wiper in the gun; always kept wiper in gun. round it on noor oi room. Heard one shot coming up stairway; then heard another shot. Two shots aoout the time they got to head of stairs. Heard click of Winchester be hind the door in room. Haw flash in stairway, then twnshotssimultuneously all about the same time, not twenty seconds until all was over. Heard five shots sure. Said not one word to tiny one. Went down stairs and said they were no gentlemen or they would see what they were shooting at, where there were women and children, E.'s, children across the hall, only inch piiu board partition between them nnd the parties sh'ooting. Geo. Wur zell called me and said "Andy don't you laiow me?" I said, "no I do not." f Hi.iii to Hurry "don't shoot." He said, ' what am I to do?" Pulled up ins punt leg and showed me his wound, Harry said he would either have to shoot or be shot. Wound in calf of leg was bleeding as was also a wound in the thumb. Harry said they had shot him twice. He loid me this immediately after the shooting and then went down stairs. Told them that Harry was shot, Rurke said, "English lias shot a man too." "Harry's wife and three children, and my wife were in the house English stepped out in front of the fury at this juncture and exhibited to the Jury the wound on right leg below the knee, a ii u uiso wouuu in uie inunib.j Re-direct. Hurry said he shoot every one of them if he get away. Ho said, "I'll kill would didn't every one or mem ir i tioirt tret awav This after I had said, "Harry, lor God sake don't shoot, there has been enough shooting around here." All the knowledge I had of his being in the house was when he came up stairs he was not there the night before; the house is mine. Cross-Ex. Harry English and fam ily live in the same house with me and all eat at my table. E. II. Dixon, re-called. Live at Culedonia. Remember the 17th of April last. I kept hotel shown map Saw Warnith about 2 o'clock; no one with Warnith when I first saw him. He came to kitchen door and knocked. Wurzell came in afterwards, after Warnith was shot, and borrowed a gun; he remained ten or fifteen min utes. They went to the burn and I -went with them. Saw them again at K-Ylock, they came down out of the hayloft, Rurke, Wurzell, Vollmer, Warnith and another man I did not know. Went from barn in direction of Rummer house. Next heard a yell ran to wiudow, looked out, and saw two men go In front door of Rummer's house. Next saw flash in chamber window repeated flashes perhniis a minutes between flashes. Two in quick succession. Saw two men come out at same door they went in. Soon after saw another 'flash from chamber window; gun pointed toward road. Two shots from house. Three shots toward house. Burke snid lie (Vollmer) was wounded. Don't know where last shot came from. Saw Eng lish come to door and look-out, per haps one-half hour after Vollmer came up. Saw E. run across fields, when more shooting was done. I shot fi couple times. At the time I shot I was up stairs over store. Shot at English. Fagley directed me to take my position to guard English from escaping. Fagley was there before me. He had shot but could not load the gun again and called me. Cross-examined. Fagley told me to take my station there. 'I was told Fagley'eoud not re load. Fagley was in back room over store. He borrowed my gun. He was watching for Harry English. He called for me when I went up. I took deliberate aim. Have no knowledge I said "I l.-ok 113 deliber ate aim as ever I did at a deer." Did not tell Burke this,might have said so in a Joking wry. It would he accord ing to the man whether 1 took dclib- , crate aim or not. Didn't say the gun would shoot him. Didn't ca'll him a s b . Know Mrs. Currie, she lived in kitchen back of store at that time. Never saw her asleep. Don't know that Burko was up stairs at all. : Did not hear him snv"l 11 O d d d if I know who shot that man, whether I shot him or Harry English shot him." Never spoke to Mis. Currie. were not on speukinir terms; didn't send my wife to tell her that 1 would give her a present in ease Harry Eng lish was caught if she said nothing about it. Postively I did not tell my wife to do so. Was not drunk, had not tasted liquor that morning, did not fall down in road; did not fall upstairs. Am one of those conscientious nun that would shoot a fellow nmn in or der to protect my wife and family. Shot at him because 1 was afraid he would burn my house; was afraid ho would kill me. Did not ofl'er to bet two gallons of oysters that Hurry English would be hung and that I would be there to help bang biiri by my evidence. Never said or did any such a thing. Shot two or three times. Drew us line a sight as I could. Re-direct Hard feelings between Harry English and mo commenced on Christmas night. That was the first. Cross-examined. Did not bet w'fh Levi Bateman the t wo gallons of oys ters, nor with any other person. These men did not get' any liquor at my house that night. Warnith and Wur zell were in kitchen. Could not have gotten a drink myself as the bar-tender slept in the store and kept the keys to the liar. A. T. Eaton, re-called. Certificate of 1st National Bank ofOleim, N. Y., produced in court This is the in strument under which we have been acting, Act of Congress gives us the right. There is such a corporation in existence. Two checks each bearing the No. 14024 on the First National Bank or Glean were then oll'ered in evidence, but the court refused to admit them. Cross-Ex. Know no such a man as T. W. Lane. Never heard of such a man. Mr. McDonald, of Emporium was sworn in relation to one of the above mentioned checks purported to be signed by R. C. Marsh, dated Oct. 11, 17'., and passed on the said McDonald, his evidence was rejected on the ground of irrelevancy. Court then adjourned until Fri day morning. FHIIAY MOli.MNfi. Court met at fc:;!0 in pursuance of adjournment. Court maintains conclusions as to refusing tho two checks offered Thurs day afternoon. The examination of witnesses was then resumed. A. J. Rummer, re-culled. Heard two shots in quick succession after the parties arrived there. Light flash from hall into the room heard first. Saw flush. Flash from head of stairs into room. Heard glass rattle in front room. in window fronting street. Flash at platform at head of stairs into the room. The lighter shot find from platform. Heavier shot fired from room out into hallway. Heard the glass rattle at ftont window nearest the hall. Was confused slightly. Know the testimony I have given 'is true. E. II. Dixon, re-called. Have seen Harry English write his name. Cross -e'xamine'd. Reiii't know how often I have seen him write; have seen him write many limes in post office; have seen "'backing of let era. Have seen name on let ters written to me. Don't know cer tain that I ever saw him write his name. Think letters to me were from Bradford three or four years ago. Not particularly fixeil on account of receiv ing letters. I was postmaster at Cale donia three or four years ago. Can identify some letters in poet office, some cannot; sometimes identified his handwriting. Harry English wrote letters from Bradford three or four years ago; can't tell the season of year. Letters were in regard to business be tween English and Morey in regard to twine land. Re-direct. Have seen him write his nuine. Signed bis nuine to assign ment of some property to Morey. Cross-examined. Not from that alone. Can't remember the time he signed his name. If I hud not seen his writing from that time to this I could not remember it, but was famil iar with his writing. Can't just think when I saw Harry English write. Can remember his handwriting pretty well. Check, Dec. 17, 187U shown to witness. To best of my knowl edge I think it is Hurry English's writing. Re-direct. Wurnith's body wus put in a box and carried away. Rid not see the clothes taken off him. Was present at jjot,t mortem exaniinuliou on the bodj of Wamitli. Saw no bul let. Found bullet in shirt out doors altewards. Can't swear that it was Wurnith's shirt. Understood it wus Wuruilh's shirt. Found it on croquet ground two or three duys alter the killing. T. J. liurke, re called. Ry coun sel for defence. 'Squire turn around so that the jury can get a front view. witness showed jury where bull went into leg. My theory is that ball went in and cume out the same bole. Found pistol bail afterwards. Found it stick ing in partition of closet at head of stairs. Thiuk Wensel took the bullet. It vws the only bullet I found. J.Ntlxon Smith, sworn. Was at home 17th of April. Got breakfast, then went in tavern. Heard someone say It was over at Rummer's house. Harry English said something to the effect that If that was not enough if they would come back he would give them more. Between ft and 0 o'clock in the morning, saw Harry English once at tho front door. Did not see him at the window. He-ard no sound at window. He swore some words; Can't just say what. Said he would come back and kill more. I was 200 or 800 yards a way, wus at home' did not hear clearly; that is the way I understood It; not spoken very loud. Cross-examined. Was at home which is down below Ratemuii's. was tenant of Dixon's, the man who knew handwriting. A..T. Eaton, was re-called as an expert to Drove the handwriting of Harry English with that admitted to ho irenuine. fcheck was shown wit ness when he testified that the name Harry English is in the same man's writing on back and in body of check written at different times and with different kinds of ink. On cross-Ex-aniiiiation he testified that there was nn apparent disguise in the cupital Dr. If. . Ilartman sworn. Knew Warnith. Was at Dixon's before his death; got therebetween 1 and o'clock. He wus in a senii-comotose condition. Comotose condition means condition caused by morphine, or loss of blood, or shock. Bullet wound. Did not ex amine it until after death. Wound V-as in right side, six inches above navel and slightly to the right, enter ing the ninth riband breaking it off. Passing out below floating rib on lelt side. Hud his clothes on. Saw hole on right side, but eiid not see the place where ball came out. No evi dence of bullet in clothing. He dieel al'out i o'clock thesame day. Kxum iued him alter death. Found track of ball it cut ofF piece of liver lower edge of right lobe of liver. Cut off intestines. Stomach was not injured neither were the large vessels of liver. Should judge from thesi.eof wound that it was made with a 44 cartridge. I have a pistol that carries a 44 car tridge; might begun or pistol. Win chester rifle shown witness. Think a 44 cartridge would make us large a wound us that gun would. It would kill the man; ho would die from the elli.'cts or the wouiul. Am physician and surgeon. Have practiced nearly 2j years. Evidently the cause of deuth was the wound. Cross- examined. Ball almost par allel, a little lower on left side. Two ribs fell off. Warnith was about my size. Ball entered on right side. Could introduce my linger into the hole made by the ball. Did not ex amine clothes particularly as to exit. Have seen bullets that made as large holes lodge in clothing. Ri'-direct. I cut up shirt with scis sors. Dr. Swier assisled. Ripped up shirt in centre and then thrown to one side. Did not take the shirt off; Saw other shots in the army. Wus army surgeon 3 years 0 months. Rurke was there. Mrs. Mai jj Warnith, sworn. Was acejuuiiited with Frnnk Warnith. He was my husband. Witness shown coat, vest, pauts, drawers and shirt of her husband which she indentified as the ones he hud on when he was shot. E. If. . Dixon, recalled. Shirt fliowu witness. Saw shirt; saw it cut from Warnith; Found shirt in croquet ground; found bullet in shirt; found several days alter the killing. Produced bullet.' That is the ball 1 found in shirt, down near flap. Shirt, has never been washed. Cross-Ex. Can't state the number of days; suppose it Was a week; elid not see the shirt thrown there. Cro quet ground perhaps six feet from the house; shirt might have been ten feet from the house; I rolled up the shirt and locked it up in my money d rawer. A. J. Hummer, milled. Gun shown. That is my gun; action heard behind eloor; witness showed the action of the gun. Cross-Ex. Was wiper in gun; no curt ridge in gun now. Note Deputy Sheriff Wensel had removed, us was supposed, all the eaitridges from the gun. The wit ness had the gun in Ids lianel explain ing the action to the jury, and with (be muzzle of the piece pointed toward the jury box. Ju.it as he pulled elown the guard to load the gun he discove red a cartridge which was almost simultaneously with his answer that there was no load in the gun. Had the piece been handled by an inexperienced man, no doubt one of the jurymen would have been killed outright or very seriously injured. This is another warning against the careless handling of fire arms.- Ei. Advocate. Cartiielge shown witness. That is tho same size cartridge tin. t was in gun. Vine De.nm'nan, sworn. Was at Rummer's house. Board from floor shown witness. Saw hole before, was one of the party (hat cut bullet out of joice. Ball struck 11 or and lay be tween floor and ceiling below. Ball produced by witness. Rail anel cart ridge of.feie'd in evidence. Geo. !rcioi(W'iKT,sworri. Loaned the pistol to Burke night of the UUh or 17th, calibre M. Burko got it the evening before the arrest. Pistol was never returned. Got the pislol for the purpose of going to arrest Harry Eng lish. ( hares litis, sworn. My business Is making guns ball shown, Judge it to lie I'S calibre. COMMONWEALTH RESTS AT 0;35. The case for the defence was opened by Eugene Mullin. Esq , who in a short speech set forth the plan of ac tion to lie followed by the defence. WITNESSES Foil DEFENSE. Mrs. J'hocbe Jane Hummer, sworn. Live at Caledonia. Lived in house where Warnith was killed. Am Eng lish's wife's mot her; was at home on the morning of the killing map shown witness. Was sleeping up stairs in left front room over front door. Mrs. English slept near par tition that ran along stairs. Mrs. English slept in north-east room, beds very close to partition. There were three children in the room with Mrs. English, my room was across the hall from where my husband slept. Don't know that Harry English slept in the room thai night except what Mrs. English b'M uie. Wus awake about twenty iiih.uU's as near as 1 can guess heard no stir until 1 heard gun or re volver close down -by house. Think it was ou outside close by door. Door was burs ted open. Heard the gun the first tiling, before tliat bud heard no stir. 'I lie house is ceiled up inside and weather boarded on out-ide, it is not luthed or plastered. My bed was over door; heard some one run toward kitchen followed by others. Jumped out-of bed. Did not know Harry Fuglish wus in the house; heard E. run upstairs. Heard him say, "For God sake, don't shoot." Was stand ing at the bedroom door. Mrs. Eng lish was out of bed at about the same time. Heard two gun or revolver shots as he ran iiji stairs. One bull went over my head and lodged in the clothes press. The ball came from down stairs; found it afterwards in one of my dre-ses that were hanging up where the shot went through, (hive ball to Wensell. shown ball. Was about same size of this. Harry English ran past me into Rummer's room. Was drawing Wiping stick out of the gun as he ran. Two men rush ed in hall close behind him. One burst open door. Warnith hud n large pistol. As door was burst open Eng lish stepped behind the door. War nith shot )ust us English raised the gun to his face. They shot two or three time's. Two or three shots fired in hall beside those heard at foot of stairs. One went into the floor. Heard no replyyfinglish's oxeluina- tion. Men sai lllll. VOICUl UIU not go into room. Loungt lize English a or my ,vii stairs in the wheeled and went sitting room, down stairs. Went iiiRuni while I was t have shot me recollect win S(I ped into my room iiooni wnere i-j. wus, Wnulish said, "They ih'the leg." Don't ftuiiimer said. Mr. Rummer said," ain't shoot me." All went down stairs, Rummer, English, Airs. Ji,itgiisli and niyscll. English told his wife to get a cloth and tie up his le-g which was bleeding badly. He said, "I must get out of this before they kill me." I tracked English from head of stairs behind door where there was quite a pool of blood. En glish wus in his stocking feet. His wife got a cloth and tied up the wound. He put on his shoes opened back dew to run out, when a man shot at him. I think English shot back. He said the house was sur rounded and ran in again staying in the house two hours longer. When first shut the door I started to get some wood to build a fire. Rummer wus out talking with the men. I saw Wurzell on outside yard fene'c, unel close to fence with gun in hand; he hud his gun raised and was sighting at the house; saw Rurke sitting near Dixon's shop with back toward shop; Burke had a gun in his hand and was looking toward our house. I said to Wurzell and Burke, "You area smart lot of men to shoot in a house where there are women and children. Wo might have nil have been shot. If Harry English has done anything to be punished for, had you given us a moments warning we would have got out of tile house." To this they made no reply. Wurzell Vent towurel Butenian's and staggered as he walked. I picked up the wood and went into the house. The children were then up. Saw a large revolver near steps in door yard; didn't take particular notice of it. Lay the re volver on buck part of table out of the way of the children. 1 built a tire when English said he would take the revolver along and put it in his pocket. News came that they would shoot the house full of bullet holes and burn it down, this about 2J hours after the shooting. The man had gone away; Dolan said this. Persons eumeto the door two or three times, (he neighbors one my brother, and said tile house would be shot full of holes or burned down if English didn't go. English's leg was tied up, he kissed his wife and children good bye, and ran, with the gun in his hand, through the fields, lie was shot at. several times. Saw Wur.ell shoot at English twice; English wheeled and shot back at Wurzelb Wurzell dropped his gun and ran toward Ruteinan's. At first didn't know the man with Warnith; don't know whether it wus Burke or not. Saw when t he shot was fired through the window. There was shooting from outside at the same time the shooting was going on up stairs. Cross-examined. Shooting outside and inside at ibe same time, Think it was Mime time; two shots outside same time us shots up stairs. English and the men were up stairs; the shots were pretty close together 1 was not confused; shots outside and up stairs at the very same time. Word was brought in presence of English that the house would be shot full of holes and burned down if lie elid not get out of it. Mr Dolan was one wlio told us and my brother was another. Can't say which wus the first one; English and 1 were in the kitchen; English diil not say that if they would let him kill Burke' first he would give himself up. Two hours a Iter the shooting up stairs the complaint was made; think my brother Burton Maun told us, can't say who else. There were no people in the house. Think Levi Bateman was there after the shooting, bid not say thai lie would or that he would not go if they would let him kill Tom Burke. Don't know that English shot Warnith. .-s Warnith shot, English drew up his gun. Saw English druw gun to face. Don't know whether English shot or not; Warnith was standing two or three feet away. . Two or three shots were fired in the hall. Don't know the men. They both shot; saw Hash of gun; English pointed his gun into the hall, and was standing in the door of Rummer's room. There were two men in the hall. I saw flash of revolver; one of these two men shot the revolver and hall went into floor; theshot fired nt English went into ceiling; in corner towurel Buteniun's; saw but one ball hole there; elid not measuie distance from ceiling to bull hole; two or three shots fired at that time; thiuk there was three; one of these men fired the third shot. Did not see English shoot through the back eloor. Saw him fire from buck eloor. The first time he sturteel to run, he slipped his shoes on; hciird a shot nt the back door before English shot from back of house out side; saw English raise the gun to his face; don't think shot at back door touched English. The shot at back door was the first one that English fired outside to my knowleelge. The door at head of stairs geies shut itself, It swung to when English went in. Was opened by the nmn with War nilli. After the firing was over the men went down stairs tho door swung to. The man with Warnith held the door open until after Wuruith shot English can't suy that beheld the eloor open until after all the firing was over. There was u hole through buck win dow. After first shooting wus over; this was before English went away, and after he hud gone down stairs found no trace in the wall of the ball that went through the window pane. I did not tell Andrew ICaul that English hail the first shot. Don't remember that Andrew Kuul wus there. Didn't tell them this In presence of each other. First thing I heard in the morning wus a shot outside about twenty minutes after I awoke. Heard no noise before; did not hear Harry English go out of hout-e. Opening i he iron t door would have uwakened me. The door wus jummed open ; nothing broken about the door as I saw: one hull up sluirs went through partition above uiy bead and into clothes press. The other ball went in to 'floor; can't remember that any shots were fired from the inside out while they were going up Malrs. I Don't know which thumb or which leg. English was shot through the calf of the leg. He complained of no other wounds. Saw pistol outside when I came down stairs; first thing after Harry English hud opened. door to run out: I went out after wood; layeel pistol on table. He put It in his pocket. Heard Mrs.EnglisIi say. "What are you going to do with ti ' I found it in the front yard. Harry English was at home very little. His wife was at our house sick, and he came back and forth; during two weeks was there but two nights. They had been living at Gardner's since the former escape. Did not come home frequently. No men in house until after English ran away. Told Rurke and number of men about finding pistol; did not tell them I gave pistol to English. English says, "I'm going to take it along." Ue-direct. The men surrounding the house did not act much like sober men. FRIDAY AFTEItNOON. Mm. Hummer, cross examined. Acted ns thouirh thev were drunk. When Wurzell went to Ratcman's he staggered. Just beginning to get light; not light in house. Dark in liall at head of stairs; no window in hall at head of stairway. Door wns not opened until I was standing in it. Door was opened when I opened it. Jcinu Untemnn, sworn. I live at Cule'doniu 14 or 15 rods from the house of Rummer. Remember the morn lug of the difficulty; my wife waked me up when I jumped out of bed put on my rants went to the door and looked out; heard two shots in quick succession before I got my pants on, and heard yelling;stepp.eel out and saw lrnm standing In road; saw it was a man with gun in hand. Came to my house when I recognized Mr. Wur zell. He came in, my wife gave him a chair and lie set down; I closed the door: he acted crazy or elriink.hetreni bled lust like a leaf.rwitness illustrated the trembling. The first word he spoke was, "I'm afraid somebody is killed." Men came elown and looked at "the gun n double-barreled shot gun. Wurzell said lie did int kill War ii it Ii. Wurzell hael the gun which was unloaded; they askeei him why his gun was not loaded. Ques. State all that occurred from time you heard first shot, who you saw there. If you saw Wurzell, Rurke, or Kreig? also what was said by Wurzell to Ruteinan's sons? Ans. Had no conversation from that time with Wurzell. Did not go back to Kumnier's house at that time. Wurzell cane to my house after lie left Rummer's. Heard no more shooting until I saw English running through the fields. Here a racket occurrctl between the attorneys us to the admis sibility of evidence. My son Levi accused Wurzell of shooting Warnith which he denied. Wurzell said lie would "make it hot. for the citizens of Culedonia." Told him I would have no shooting around my house. Told him that he hud better be at home in his office; he went over and stood lie- side the eneineer's office and loaded his lruii; one barrel was loaded when he came to my house. I disrenii'inbei' what he and the old lady were talking about. He tided either drunk or cru.v or us though there was something the matter with him; stayed some time after he loaded his grin. Directly heard two shots. Saw Harry English stumble', fall and lose his hat. Saw Wurzell run antt empty both barrels at English, think Wurzell fired a re volver shot, then dropped his hat and gun anel run. Heard a gentleman say, ''Hun you cowaidly elevil." My sou told him to run in the house Ihat Harry Engl sh was coming around the oilier way. Wurzell ran in; heard shots coining from toward creek, the shot came near my head; 1 jumped over the fence pretty quick for an old man. The last I saw of the District Attorney he went over toward Dix on's wil'h his gun in his hand. Cross-examined. First thing 1 beard was two shots. He'ard nothing before I got out of bed. Saw lump in road; proved to be Wurzell. lie came to my house, was trembling all over and could hardly speak. One barrel of ins gun was unloaded. Lewi Eatjlei), sworn. Was at Dixon's store the morning that War nith was killeel, was working for Dixon making staves. Mr. Dixon came up; he said nothing but took the gnu out of my liandsj ami fired two shots. I could not work tho gun after the first shot. Dixon fired four shots from the wimlow; English was about 2.io vards distant running across the fields. Cross-examined. I went up stairs in Dixon's stove to stand guard to prevent English from tunning oil". I tired one shot, heard a shot a few seconds before I got up: three shots altogether before I went down stairs. Re-direct. There was a question in my mind whether I had a right to shoot English or not Sent for Burke and asked him if he was a legal oill cer of the law; he said he was, ami told uie to shoot English if be at tempted to escape. Isurton Munn, sworn. I was in Caledonia on the morning of t he shooting, ,-aw Rurke in Dixon's saloon alter the shooting. He hud been up stuirs where Wuinith was laying anel cume down and danced a jig and sung a hymn tune. Suppose lie cume from the room of the dying man; my opinion is that he was in liquor, or had been drinking. Don't know how long it was after Warnith was brought into hotel. I was excited and did not note the time Heard Dixon shoot two or three times. Said lie teiok as good aim as he ever did at a buck, and didn't see why he did not hit him. Dixon suid he shot seven times. Diel ii ot see Dixon full going across the street, Cross-examined. Diel not under stand Dixon to suy that he had been shot at seven times; I live at Spring Run about three miles from the scene; stayed at Dixon's over night; am a brother of Mrs. Rummer; don't know how long Warnith had been there before Rurke danced a jig; some time in tli e forenoon; he may not have danced more than three or tour steps; think English and I were together the night before, don't remember that we drunk anything; may have been 8 or 0 o'clock when I went to bed the night before; don't know what time I got up on the morning of the shoot ing Mrs Lylia Currie, sworn. At the time of killing I was living in the back end of Mr. Dixem's store;remeni ber the killing. I was sleeping in a room over the store; they woke, me up when they came up stairs in the morning. Looked through a crack, and saw two men; supposed I hem to be Rurke and Dixon; heard Rurke say, "I'll be G d d d if I know whether I shot that man or whether English did it." Heard Dixon say "keen quiet," Dixon alro said he couhi shoot English with his rifle, as he had killed a deer with it half a mile. Cross-examined. They were com ing up tiie steps. I had my bed iu room next to spare room. The con versation occurred utter I got up. I took a rag out of a crack and looked through. To the best of my opinion It was Rurke: lie wus at our house for dinner the day after, and I judge by his voice tt was the man i neiirei witn Dixon up stolrs; I never heard him before; don't know where they went; they were In the spare room next to me; there was but a ooaru partition between the rooms. They went into the rear cud of the building; I went down stairs, and was getting break fast when I hearel several shots. II. If. Wenxel. sworn. Had con ver nation with Rurke; he said the same ball that went through Warnith hit him in the leg; he showed me the cut in his pants; said he was standing at the side of Warnith; don't know as he stated where bull went. Dixon told me he had fired four shots. E. 11. Dixon, re-called. Do not recollect that I told Mr. Got! that I had shot seven times; was somewhat excited: was not drunk. A. E. Gaff, affirmed. Dixon said he had shot seven times at Harry English and took as' good aim as ever he did at n rtttnt Till nnlllvruntlnn U'DQ lltVPCIl Rurke and Dixon. Durton Munn, 'buries Chase and wffc, George Thurston and E. W. Gray were pres ent at the time. Cross examined. The statement was not that he had shot several times. He saiel he had shot seven balls as di rect to hia heart as he could. This was said in Dixon's store. Thomas Stottgljerry, sworn. Was at Franklin House when these parties came to St. Marys ou the night before the shooting" went to Franklin House in March; John Hansom kept the house, lie is dead now, died the night after the big fire at St. Marys; I was coming in from the barn, when Hans com called me to go the cellar; went down with Mr. Hanscom and filled the bottles for Rurke. I carried up one, Haiiscoin the other; I gave the whis key to Hanscom anel he gave it to Rurke; took his revolver out of his coat pocket anel put in the whiskey; Put the revolver iii his breast pocket. Hanscom ttild Rurke to go home to his wife that he was not fit to go over there; gave Vollmer four drinks my self; he come elown in the morning, was at Frank Sorg's all night, gave Burke three drinks in the morning; I was at the Hjde House last Monday morning; I went to the McFarlan house; Rurke came to the. bur room and asked me to drink. I refused. Rurke said "you anel I have always been good friends; you are subpeienaed in this easeand your testimony may tlo me harm." Told me if I would go away he would give me something. I tol'd him the people of St. Marys anel Ridgway liked me and I would not go away. Cross-examined. Went to work for Hanscom in March; minded the barn. My business was to light the fire in themornimr. Was hostler all the time. When Hanscom went uptown he used to ask me to tend the bar. 1 took cure of 10 horses, but could have help when I wanted it. Of course it took more than 1 could do to attend stable. It was sometime about the l'ith or 17th. 1 paid no attention to the day of the mouth. Rurke got the whiskey at 10 o'clock. Vollmer was tint in when Rurke got the whiskey. It was not day at all it was night. John Collins and men were thiTe. Tom Burke was too cute he got it iu the hallway. He drank at the bur during the ilay. They had whiskey outside. He said he wanli'd to get some- good whiskey tn take along for himself iud party. The wagon came down some lime al ter. Hanscom put his arm around Burke and told him that if he would go home lie would give him the whis key for nothing. 1 was not drunk thitt night. Take a drink when I want it. There was abend; two pints of whiskey iu the botib.'S. They would not hold quarts, although they were called quart bottles. John tarduer, sworn. After the first arrest English escaped, when they arrested me ami took me to St. Mtiry. There wus iu the wagon Burke, Warnith, Vollmer, O'Connor, Muloney, and Rogan who drove the team. I asked if tlie'y were going to let English go; Warnith spoke up and said he supposed he would have to let him go this time until he met or saw him when he would shoeit him down like a dog. Burke ugreed with him. I told English what Wuruith und Rurke had said, and told him not to stay around my house as he might, got me into trouble. J took off Wurnith's shirt after he was dead. Commenced taking it off at the bottom, and took it off over his head. Warnith lay on his back; he also had on an under shirt; took that olf the same way. I saw wound; was there when the-y ficits ured it. Put the end of my finger in wound; did not force my finger in. Cross-examined. Am brother in law of English. This conversation took place when 1 was under arrest. Warnith did not say lie would shoot him down like a dog if he did not surrender; he saiel he woulel shoot English on first sight. Re-direct. The witness took the shirt and explained to the jury how it was taken oil', when the fact vis dis covereel that there was several rents iu it that wus not there when the shirt wus taken off. Horace IP. Sutherland, sworn. Saw Harry English sometime the latter part of April. He cume to my house about 4 A. M. He was wounded; saw three won nds Two on inside of thighs opposite eacli other, and one in calf of leg. 1 he bulls ull went through. He wus badly off. I am no relation of English. He stuyeel two weeks anel one day. When lie went away he felt well although he wus pretty lame. Cross-examined. Live at Liberty, McKean county, on the Buffalo, New York & Philadelphia Railroad. I had hearel of the killing. Knew English to be the party. Gave no notice to of ficer. Saw him every night with the exceptions of one or two. E. II. Dixon re-called. Don't recol lect having conversation with John Munu after the shooting in reference to it. John Munn, sworn. Dixon said he hael sent one of that pack to the pen itentiary, anel would have to send two more. I believe lie meant the Rum mers when bespoke of that pack. Cross-examined. I am a brother of Mrs. Rummer. ' Jacob Van Wie, sworn. I was in my own house opposite aud above Rum mer's on morning of the shooting. I saw the reflex of four shots in Rum mer's honse as I was looking through the window. There was a few seconds between first two; next two were sim ultaneous. Dou't know that I heard any shooting before the four shots. Wus uwakened by noise und yells. Cross-examined. Live nearly oppo site. First lieurd yell which awakened me; lumped out of bed and ran to the window with clothes in my hand; be tween yells and flrst shot it was only a few se-conels First and second shots were close together on inside of house. Flushes were up stairs, in window next to road. The next two were iu the middle window. Next shot was fired from the house outside. Did not see the persons who did the shooting. Heard the glass jingle and then saw muzzle of gun stick out of the window Heard a return flr from outside th house. . , . Rc-dlrect. neard report of idiots. Do not know what awakened me; th yells were the flrst thing I ward or knew lhat morning Counsel for defense asked permis sion to call Zenas Webb, a witness, In case he should appear in court,to prove that Dixon offered to bet that English would be hung. Permission was granted. The Witness, however failed to appear. ; DEFENSE BESTS. The commonwealth then offeree! the following testimony in rebuttal. A. Kant, nwcrn. I am ncquntnted wlet Mis. l'heobe Rummer. She ntnted In my prpsptioc, HpeukhiK of this atliilr.tliatEngllsu hiitl fli-Bt Mint; sliosnld iiIho that in (tolng up stHlrnnnenrtwo shots were flred Bhe coulel not tell which. Crosit-cJainlned. The lady was right nt , . m Hummer' house when I hud the n;rerMlion with Tier, t'hrlst. Mil was there also.- She mild mt KBeltah not me nrsi mot un stairs. ITho wit.a n nskecl four times and replied i decisive tone, "She salil that EulUh got the enilert eneh lime In ft first shot no stairs.") Palrirk Maloneu, rem lied. I was one of the party that assisted to make the Hi st arrest nt (Jardner'M house. I did not hear Wnrnlth make any threats. Cross-examined. I think 1 would haver benrd all eiwt was said In the wagon. L. W. Uifford, sworn. Haw Thomas Bitrko1 about 9 o'clock the evening of Iilth of last April. Saw nothing to Indicate that he was In the least under tlve tho Influence of liquor. Srtw Wurzell botween 8 and l, whom I con sidered sober. Maw Vollmer who was also sober. Did not see Warnith. Cross-examined. Saw theso men In my store. They were talking this matter over. Saw nothing that Indicated that they were drunk in the least. Don't know that 'Squire I!urk gets drunk. Ho drinks frequently. Never saw him so drunk ho could not navi gate. Don't knowu anything about tho quart of whiskey. Ue-direct. I see Burke- frequently. Never saw hi m so but that he bred comntaiul of hi faculties. Iturke Is Just tee of the !mi. Wro. Wii'li-nliiM'ner, revllcd. Ani ir the hurdwurehuslnesw In St. Marys. Uemcmber tho lillh of April. Saw llurfte between S and (I o'clock that evening. Considered him sober. Did not see Wurzell, Vollmer nor kjWm CoVins, sworn. Remember the night preceding the attempted arrest of Hurry English. Saw Dnrhe that evening at about 10 o'clock. Think ho was perfectly sober. I boarded at the house where Thos.Htottsberry lived at that time. Haw VolliiK-r. He wiw sober. Vollmer and Iturke were not there at tho sanm time. Did not see Wurzell or Krelg. Cross-examined1. Think It was About 10 o'clock. It don't tftko tuiy longer to get drunk In St. Marys Hum anywhere else. Jail. Jiogttn, sworn. I was the teamster that drove the team on the night of the first ar rest of Harry English at Gardner's. Did not hear Krank Warn ltU threaten to shoot hln down lltce h ttog, on sight. Cross examined. This was the time of the first arrest, when ho got away. Ue-dlrcct. While, we had Gardner ns a prisoner I heard no sueli remarks by W'ur nitli. Y7ir.. I)vin?ierti, sworn. I lire In Shipper township, Cameron county. Am one of the County Comiuisloners. Came to Culedonia on the morning of the 17th about "o'clock. Haw lSin ko In room at Dixon's hotel where the two wonded ntten wei-e laying on their backs on a loungo. The wounded men wero. sober. Did not see Wiir.ell. liurke was? sitting there, Ho was sober. f ross-cxainiticu. nave oeen acquainted with liurke somo years. Don't know whether he was under the influence nf liquor or not. Thought he was shedding tears ns- hw got up te) shake hands with inc. I.ru i e.7v,'wai n. Haw Iturke, Vollmer and Wur.ell alter the shooting, and took them all to be sober. I waited on Warnltlr but dent-ted no odor of whiskey ulout him. Cross-exam Pned, Didu't hear Jtlllko sav that he gave whiskey to Warnith to revlvo him. Didu't know that the physicians gave whiskey to Warnith. Ite-dtri'ct. I went intevstore nnd the clerk directed me to tho room up stairs-oven store. Kemalned there s.lone until' I sent for llitrko to ask him If he wf tlfc otVn-r of the law. He staye'd hut a nilnule, aud I remained there until lifter English escaped. Dixon and Iturke cume up, but not together. J-:. II. Dixtm. recalled. Don't think I wend, up stairs until I was cnlled up there to mnn tpulate that gun. I was not there before I-'agley. T. J. Hurler, vee illed. Was not In room at any time before Kagley. Went up with Dixon while Kngley was there. about un houn utter fagley went up. Cnws examined. I was up there with Fagley. I took, dinner at Currie s on Him- day. J-.'il. M.O'rau. sworn. I was at Caledonia on .he uwrnMig oi tho lTtli of April. Haw inn-Be uHortiy alter o clocK. lie was sober. Wur.ell was sober. Saw Vollmer at fi'.: o'clock. Don't know whether Vollmer was sober or not. Haw Kreig. He was sober. Didn't see Warnltlv until nfter he was wounded. dm. Tliurtnn,Kvor, I was at Caledonlik oil the morning or the 17th of April. Haw liuiko and thought he was sober. Did not seeeioo. Wur.ell. Hu? Wariiltli anil Voll mer. TUey were wounded und I think sober. Cross-examined. Dhtn't see Burko, War mth or Vollmer the day before. All the evidence being in and tlwj hour of six .scariy nt hand court ad journed until .Saturday morning. SATURDAY MOKNIXei. Court conveyed at 8::i(). Legal points were presented by the counset for the respective side-s. Mr. Rich mond, in presenting his points, occu pied about one hour, and in an ad dress to the court, which wus also made with telling effect for the ears of the jury, he dwelt with especial force on the responsibility of cacli individ ual juror iu the panel And thut as long as a well founded reasonable? doubt remained in the mind of asingle juror it would be eontrary to the rules of law, and a violation of the oath of a juryman for him to agree to a ver dict contrary to that doubt although all the- rest of the jury should1 be against him. Another point made by the defense was that the jury in crim inal eases is the juelge of the law and the fact. Another, that the warrant charging the prisoner with felony was not sufUcient to justify the officer iu shooting the prisoner until he had ex hausted every other means to escape. Mr. Jenkson behalf of the prosecu tion answered the request of the dc fense'on tho points of law. Mr. Hall then addressed the jury ou behalf of the prosecution, occupying one hour and seven minutes in his ar--gunient. He reviewed the testimony at length, aud disclaiming all desire or thirst for the blood of the prisoner .saitl he simply performed a duty im nosed on him by the commonwealth. Ho- asked the jury not to be influenced by. any cheap auxiliaries that the counsel for tho defetwe might bring into the court room foy-cflbot, such as having the wife anel children of tho prisoner by his side to create a false sympathy. He simply askeei that a verdict bo ren dered without prejudice, and In ac cordance with tlte evidence and the law in the case. Mr. Cotter, followed Mr. Hall, and In a speech lasting one hour and ten. minutes, he showed te the jury that there could have been no malice ln the heart of Euglisu aud that without malice, there was no murder. He alstv painted the prisoner fleeing for his life, which was threatened by a drunken mob who thirsted for his blood. And that the prisoner in self defense was compelled to Are on the pursuing parky to defend his own life and the lives of bis family. He asked the Jury to- place themselves in hia place and then answer the question, "what would they have doneHe asked? fop ar acquittal on tho ground tha
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