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