10
CttitittisbutO (*Ms.
EKE
TUBLICED DAILY, BI
CO„Proprietors.
1. B. PESITASIA3 t JOSIAH KU G.
'I% P. HOINTON,.'- N. P. REED,
Zolltaes
_and Proprietors.*
OFFICE:
BABETTE BUILDING, NOS. 84 AND 85 FIFTH ST.
OFFICIAL PAPER
-111 Tlttalnirgh. Allejtheity asti AR a
, gassy, Ckosiiity.
rtty. ttsw6- Walls , . Weekly,
1ear...110,03 tree yeer.e2.so Single caw 1.41.60
month 75 Rs Taos.. 1.50 eoples,ese'l 1.25
the week 15 Three awe 76 50 " k. 1.15
carriew.) endows to .Nrent.
THURSDAY. APRIL SS. 18491.
Ws PRINT on the inside gages or this
morning's °Assn's = Second page :
Poetry, Ephemirilf,_ .Mteeeliaiieotts News.
Third page: Lave Stock Markets, Petro
leum. Markets. Mara by Telegrqp74, loa
por.te by Bai:rood, and Ricer News. Sixth
page: Finance and Trade. and Titteburgh
Markets— ofteronth page: Letter :from Sleet.
hermits', The Bement Aurora, Beak Estate
Transfers, Waskingten and Jefferson
, iooiter,' and othsr lotzi Matters. •
U. S. klimpia.t FlistkFortitB7i.
Pavanatim at intweirp,:Vilf.
Gem closed in New Yerk yeattrilw
Ai llitiglB4,
SENATOR Rossihas explained his recent
visit to the President and •on his miming
thuscene appears not half so exciting as
was pictured by the preasTeporars.
Taml.rgentine,,nepublie offers a reward
of eight thqusand dollars for the beet pro-',
oess for the preservation of, meat. Plans
ace to be sent in previous to September
-let, iiB69. 'gime is a Ounce for Caution
' scieiace to tint an 'benefit penny.'
Wasniziomsca dispatches - very genantl
ly agree in stating that the nomiustionuf
.L L. Rursinnz,f(not of Alleghenyo tfor
Ectudor, was withdrawn tit his own re
quest, lecsuse he found that be would
not be confirmed." We jmay add .that
its rejection was quite certqn beforetthe
withdrawal was "requested."
Tan LATEST Mormon mown:snails In
therevival of linearly re - velation,isnown
as theCrder of Enoch, vrhich inculcates
thecommrmismofproperty. Everygeod
Mormon is exhorted to divide with the
• Church, as administered by its President,
TisrAo. As to any division by him,. the
retrelation is discreetly dumb. The4lres
eat -movement iss bit of Mormonstrategy
for the more effectcal resistance to Gen
tile Inroads, under the later Gentile revs
lition of railway enlightenment
a:4". is stated the.tithe Atlantic and Great
Western •'Railroad has passed into the
control of receivers, and that Mr. JA.v
Gotruo is one of them. The !finan
cial pressure upon the, broad-guage
concern iiattribeted to the refusal of the
Erie to make „good its own engagements
for , the redemption of certain evidences of
'debt. The indications are that, when the
Erie.gamelias been fully played through,
with•the Atlantic Company, the property
of the latter willhave somewhat less value
than that of a pair of empty oyster shells.
laqtrecoraasz to say that there can
be not even the shadow - of truth, in the
sensational rumors, from Washington, of
war-like talk between our Government
and the representative of Spain. These
mums invariably 434pand into a variety
of Addle which betray so complete an
ignorsace of public law, of diplomatic
-usage, of National ; precedents, of the
actual facts, and of all ordinary common
tease, as to stamp them with the flagrant
mark of home manufacture, by a reporter
in a New York attic, coining his own
absurd laventions into Washington tele
grams for a credulous public.
Tnzaz was a aingle exception to the
otherwise unanimous feeling of satisfac
tion with which the Republicans of Phil
adelphia, lilt year, accepted the ticket
nominated under the new convention
system. One of the candidates named
had been so. intimately Identified with
local differences, independent of politics,
in preceding years, that his opponents
within the_ party absolutely declined to
support his nomination. His withdrawal,
subsequently, was a generous aclmowl
odgement of this personal element in the
difficulty, and not a concession of any
objections to the system which had been
ado
=1
Eon. CgazineA. DANA, thEr Able and
ACCONlplbhed editor of the New York
Sun, declines the appointment tendered
to him by the Secretary of the Treasury
of Appraiser of the Poit of New York,
&Van& the Secretary requested his ac
deeptance of It as a personal favor. Mr.
pasts • alleges as his reason for not sc.
origin& that he "already holds an office
of responsibility as the conductor of an
independent newspaper," to abandon
which would he "to leave a superiarduty
for one of much less importance." It is
evident that be nmks among the few
journalists who properly appreciate the
position they occupy. With his, brain,
nerve and ability, DanA can feel is
•,truly independent in his sanctum as he
would in the highest office of the land.
Tax current fiscal year, of the
National Treremry, closes with the end of
.Time. The revenue receipts to this date
considerably,
,exceed the estimates of loot
Autttlari f and al/091311ge the belief that
.
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the expected total o $150,000,00 will be
swelled by. some ten millions more. The
internal revenut service scarcely yet feels
the influence , of the reforms to 'be inau•:
gurated under the new Administratt4.
Hardly five per cent. of the new A:sees-
Bora, 63lleetors, Supervisors and the sub
ordtisste personnel of the serviera, have
falrly entered upon their official duties.
But
_ we are already gaining ra revenue,
Through the apprehensions wbich inspire
Mr. joutison's surviving officeholders
with a novel but wholesome caution.
When the service has been thorougly
purged of its old officials. and the new
men get fairly to work, we shall have
good reason to anticipate a large increase
in the receipts.
MISS MARLs a&ZWORD is a school
teacher in Chester county. She has given
evidence of a high order of talent, a
well cultured mind • and extraordinary
executive ability. Tier name is presented
for the Suparintelsdency of Common
Schools of that county, and it is within
the range of probabilities that she will
be honored with election: The question
will then arise, should the salary hitherto
Paid In a man for discharging the onerous
duties of the place be awarded a woman?
If the answer is to be dictated out of the
prevailing sentiment which permeates
4 11kiirds •of School Directors as well as
mealy other bodies, it will cerUimly be in
'the : negative. By peculiar reasoning the
illogical •eonclusion is generally arrived
-at that woman, because she is woman,
•should.net be awarded equal remunera•
tion with man in the educational depart.
melt •of labor. Here, in our own city,
we know many young ladles of superior
qualities and attainments who are wasting
Imo)" their young lives in the slavery of
the class-room, at salaries so slim and
beggarly that we would blush to name
them. As a class they are worse paid
than any other, not even eiccepling the
thrifty and industrioussewing women, in
Whose cause the song of the shirt forever
rings , out its music to no avail. ° Teachers
should receive more consideration and be
rewarded with such liberal prices for their
professional services as to place them
above pinching want and genteel poverty.
Their minds should be free and buoyant
inthe class room so that out of their own
cheerfulness they can impart it to the bright
galaxy of youth surroundmg them. There
is no better method of securing the con
dition than, by paying them fair wags
•and making them feel that as arduous,
soul•trying and.tedious as their duties are,
they are not unappreciated in the esti
mation of those by whom they are em
ployed.
RAILWAY COMFORTS.
Now that the Union Pacific Railroad
is about completed, the question arises
.how are the passengers to endure the
Tong and tedious trip across the plains.
Alter one hundred miles are accomplished
do railway traveling, the pleasure wears
away and the remaining portion of the
journey becomes fatiguing and painful.
Think of the haniships to be endured in
a trip straight through from Pittsburgh to
Ban Francisco, sitting bolt upright in a
.close milli which thirty or forty other
tmcompanionable persons are stored
away. It would be utterly exhausting
under the present plan of railway car.;
riages, and would tax the physical
powers of the strongest beyond endur
ance. But the inventive genius of Amer
ica will soon surmount the difficulty and
furnish cars which will break the monot
ony of the trip and render it pleasant and
agreeable. It has been suggested that
carriages with promenades on the roofs
be adopted as the first innovation. Across
the plains, at least as far as Ogden, there
are no covered bridges or tunnels to ren
der.euch an improvement impracticable,
and it could be adopted with trifling cost.
There are huniireds of other ideas which
auggeet themselves for the comfort of
travelers by rail, many of which, we
have no doubt, will find favor and appre
'elation in the course of time.
Last summer a party of thirty editors
started on an excursion to Benton, and so
comfortably were they made, and their
well being so well looked after, that,
although in that short space of three
weeks they got over nearly four thousand
miles of railroad track, they were all im
proved by the jaunt, and some had
gained avoirdupois weight from the
journey. The trip simply proved that
comforts and ccinveniences in travel con
tribute largely to its eojoyment, for bad
it .been made under less favorable
auspices, or in the ordinary manner,
hardly one of the party would have been
robust enough to. have safely weathered
ouch an extended tour
We can see in the near future reform
in the style of railway carriages. The
competition which will arise for pasren
ger traffic between - the rallrotuls and
steamships on the completion of the route
over the plains, vrill• ibiCe the introduc
tion of Improvement in that direction to'
remove the rough edges of railway travel.
liniovallons made in the west will be
adopted by the east, and the managers of
roads throughout the country will find
(Ur their prosperity will be In proportion
to the regard manifested for the comfort
and convenience of passengers.
?HE - LIZZIE MAJOR.
At thirty miles distance from the Cu
ban coast, s Spanish armed ship over
hauled the Lizzie )fajor, an American
mentantinan, flying the American ftag,
0,4 forcibly removed from her two Cuban
- pgasengen. This act win clearly a gross
ineXcuabli br#sch of international
law, for *deb our Gloieninent danands
PITTBITRGII GAZETTE : MURSDAYf.
the roust complete A:Pettis:m[ 7 The Men
'mit be restored, the flag saluted and the
insult apologized for. We have asked
from Spain, in this case. what England
exacted from this Republic in tire Trent
affair, of MASON and SztuELL. It is to
be presumed that this reparation will be
made promptly. When Spain shall hesi
tate, or shall altogether decline to make
it, will be time enough for our resort to
the legal and justifiable recourse of arms.
At present, the reply of the Spanish gov
ernment is waited for.
The election In 'Virginia will be ordered
for next month. The politics of the State
present no one main !sate upon which its
people are generally divided, but, rather,
offer such an heterogenons medley
of personal strifes, local quarrels, and of
disagreements upon minor and collateral
points of State policy, as altogether to
baffle any judgment upon their merits,
among outside observers.. It la appa
rently conceded .on all sides that the
new Constitution should be adopted.
But there will be separate votes upo n
three of its sections, one or all of which
may be defeated. There will be three or
four distinct tickets fcy the State offices,
while, for Congiess and for the local posi
tions, the hustings will swarm with num
berless aspirants in the good old Virginia
style. - .
The Radicals, under Governor WELLs,
will depend upon the colored vo te
_ for
their principal strength. The moderate
Republicans slid' to build up their party
among die white citizens as weji. The
Conservatives will labor for a recon
structed State on the basis of unlvellal
suffrage and universal amnesty . The un
regenerate rebels sneer at the whole busi
nesii, and swear they will have nothing to
do Nrr i ith it. There' are indications that
the Conservatives will unite with the mod
erate Republicans, upon a State ticket, and
the Constitution without its test oath,
which shuts rebels out of office, and
its disabling clause which excludes rebel
office-holders from the ballot altogether.
If that fusion should' take place, it will
win.
WASHINGTON AND JEFFERSON
COLLEGE.
Western Pennsylvania has reason to
be proud of all her educational institu
tions, and more especially of the old and
time 'honored Washington and Jefferson
Colleges. For long. years these have
steadily kept pace with the times and
furnished society here and elsewhere
with many of its most accomplished mem
bers.. Recently the two institutions were
corsolidated in order to render them
more powerful to •do good under one
control and management. The College
buildings, apart. from each other seven
miles, one being located at Canons
burg and the other at Washington, were
not abandoned when the consolidation
was consummated, and for several years
an experiment, attended the most
unsatisfactory results, has been tried to
carry on the College at the two places.
This course impeded' the good fruits ex
pected to follow the union, and had to be
abandoned as not only impracticable but
prejudicial to the interests of the College.
After it was announced that the Board of
Trustees had deteTniined on abandoning
one of their College places, great rivalry
sprang up between Canonsburg and
Washington for the honor of retention.
Both places had much to recommend
them, and after a prolonged contest, the
thriving and enterprising borough of
Washington was yesterday - awarded the
honor. Its location, health, society and
easy access were strong arguments in its
/ favor, and we feel assured that the con
*Mated Colleges will be mere than ever
'prosperous udder one roof at Washing
ton, and will continue, as they have in
the past, to successfully work out the
'l. • d mission of education undertaken.
We hear from Washington that "sev
eral Senators would like to get rid of the
trouble and vexation which minor offices
now give them." This is not impTobs
ble. A large number of very inconsider
ate people have been unable to perieive
any good reason whys such major offices
as those of Senators, Governors, Foreign
Ministers and so on, should be the only
offices worth seeking for, or even why
Senators, who have themselves • spent
yeare in assiduous quest of the offices
they have at-last secured, should thus :by ,
to evade the resulting duties of their Posi
tion. JudgeTnumnum "denouncesi the
Whole system of °aim-getting," and gives
notice of some ferocious proposition with
which, at another session, he will lay his
axe at the root of the terribly incommt
eat mischief., • •
This is not the way these gentlemen
talked when they were moving }leaven
and earth, (some of them move still an
other dominion, on such occasions)
with • their respective Leghdattires, to
secure their ONIII elections to tlie Senate.
Judge Tnuscaum, himself, has left a rec
ord of this sort at Spitingfleld, which, it
is said, should fortiver close his Senato.
rial mouth upon such petty and undig
nified complaints. Nor has he probably •
a worse record in that llnelhan have
nine-tenths of the Americas Senators.
The less these gentlemen have to say, in
the way of complaint against their office
seeking constituents, the bettery.fortbeir
own raodest, consistegioy. Or, would thry
have all the world to understandihat Ben
ton receive their own' official tenors by
som e•dtriae right"latch , preolidee all
right,_
watch ,
for vulgar : eleok7ineringt
ERE
VIRGINIA POLITICS.
SENATORIAL DIGNITY,
4. lie
ENII2
22, 1869.
ae 60 :iiiii.W*4 1 0 7t*Oit teoll the
quest of,-paltry4,pl that-is the
Senatorial idea, the,, high-minded gen
tlemen must have remarkably fshort mem
ories.
CAMERON AND cuRTIN.
.
The nomination of Ex-Gov. CUETIN,
for the Russian liiission, was unanimous
ly confirmed by the Senate. It was not
opposed in the Committee to which it was
at first referred, no speeches' were made
against it in the, Senate, and not a vote
was recorded, from any quarter, as the
proof of any existing personal and polit
ical dissatisfaction. Senator CAMERON
made no assault upon the nominee, and
Senator Scow was nog "brought out,"
by such assaults, to defend him.
This statement of the precise facts is
due as well to the nominee, as to each o
the two Senators from,Pennsylvania. A
very few journals in this State have been
industriously falsifying the record in this
mattei, purely for the gratification of a
private hate, which f has not hesitated
to detract from the popularity of Ex.:Gov.
CURTIN •in aiming a blow at. Messrs.
CAMERON and Scow. With what degree
of succesa they have continued to conceal
thelr own malignant disregard of truth,
may be judged of from the fact that one
of the journals alluded to, editorially
charging Senator CAMERON with "a fierce
and bitter assault" Upon the nomination,
published, the same day and in another
column of the same issue, the follo j ing
"special dispatch :"
STATEMENT FROM SENATOR CAME N.
WAsmixtrrox, April 17.--Senator Cam
eron authorizes an unqualified denial of
the published statements of his opposi
tion in Executive session, to the confir
mation of Ex-Governor Curtin to the'
Russian Mission. He'made no opposi
tion to a favorable report by the Foreign
Relations Committee. When the subject
came up in the Senate, be did not, as
stated, make a bitter. speech against Mr.
Curtin, but said that while Gov. Curtin
was not recommended by the Represen
tatives of his State, and, in his opinion.
was not the choice of the Republican
party of L,he State, yet as he had been
nominated by the President he should
not oppose his nomination not vete
against it. He made no assault upon
Governor Curtin's character, as alleged.
He did not call for a division, and none
was taken, either standing or otherwise,
and there is consequently no truth in the
story that some sixteen or seventeen
Senators voted against Curtin's nomina
tion.
Ova Canadian neighbors don't like the
speech of Senator Summtn, on the Ala
bama question. The . Montreal GazaUs
makes, howeVer, a tolerably fair hit lathe
following: .
"While Mr. SuMner was so veryAlitter
against the British Government because
It, in common with others, recognized
the fact of belligerency, he had no word
of thanks for its refusal to accede to the
requerS of France to recognize the inde.
pendence of the South after the battle of
Fredericksburg. ' Had England yielded
to the solicitation of Napoleon on that
occasion, the whole face of this continent
would now be changed, and Mr. Sumner
would not talk in his present tone."
BUTLER HOMICIDE TRIAL.
(Continued from \ Flnst Page.)
grey-haired man, with delicate features
and benevolent blue eyee:, Therisoner
is his nephew and was brou gh t up in
his family. The prosecuting torney,
John Grier, is a young practitioner, but is
assisted by E. hic.aunkin, one \ of the
oldest and ablest lawyers at the Butler
bar; but there is a very evident desire on
the part of Judge Ma,guilin and the pos.,
eention to confine the rigor of the law
within its closest limits. I notice in
looking at those men called up as jurors
that the best faces and the most intellec
tual heads, are on the shoulders of those
men who have conscientious scruples
about the death penalty, and I have no
doubt that in one hundred years the
people will look back awn such trials as
this as we now look back to the New
England trials for witchcraft.
The County Superintendent of Com
mon,Schools being impannelled on the
jury, he went in charge of a tipstave to
visit Judge Maguilin,, on , last evening,
and got permisaion to postpone a pub
lished meeting of the County Board.
Leave was granted and the disconsolate
Superintendent retired to his lodgings in
close custody, hoping his wife would hear
of.his whereabouts.
THE ARHAIONHEFT.
On Tuesday morning the Court met at
8% o'clock, with a fall bench. The pris
oner was brought in by the Sheriff. The
roll of nine was called and all answered.
The Sheriff gave in the names of tale&
men, many of whom had been secured
by making a descent on the Fermate'
Club, during its meetingg in the Court,
House. After many challenges by the
defense the panne! was tilled at half-past
nine. John H. Cratty, S chool Superin
tendent, is foreman. Thos. Martin;Jo,
mph Hamilton , Joseph . Lane, DaviKel,
I,y, Conrad Myers, John Shallatree, Wll
- Allen, John G. Christy, John H.
McQuistias, Isaac Farnsner, Robert Dan
can—six of them farmers, two merchants,
one blackamith and one carpenter. The
defence appftred to prefer , young men
and several times peremptorily challen
ged most respectable • middle aged men.
The only grarhaired man on the jar,* is
Robert Duncan.,
When they were all sworn in and the,
.roll called, the . Clerk of Court read to
them that frightful indictment, in which'
the Grand Jury "charge upon their oaths
and affirmations, that , he, the said Zack—
ary Taylor Hooitenbitrty, aforesaid, did
make an assault with a pistol,,ef the
value of one dollar, charged with twektl
flve leaden shot, and of his malice afore
thought, feloniously did kill and murder
.the said Mari Ann McCandless, contrary
to the act o assembly, and asainat the
peane of the Compmnweelth of Peene9l
- and in which they keep on and on,
saying exactly • the. same thing , over
and over and over again, until, one
concludea they never will stop, and can
show no good reason why they ever
should have come to an end. Eiometimes
they charge that "then and tbere he
"held the pistol aforesaid in right ,
band," then in his left band, then in both
his hands, and keep up the bong of afore
said, the twenty-five leaden slugs, and
'every other term used,until it la allgone i
over as many times as there were'slugs.;
It is singular that, in thlit age of pro.,
Kress, our courts continue , to Waste time
in these senseless repetationee. The read:
ing of the indictment occupied a half;
"hour, and all theta in it could haveheen
Written nu one page of -footstep:
• -
ovarrinct olifrao dpi. •
The one was opened, bt o W. Biddle,
who pOre s clear eolm.o of the merdmr
10 4theolf0 1 414 11 4 11 24 0 ”.1f .POlO 1 9
• • •
. , .
t ', ll4Tif
_
prisoner as the guilty party. During the
recital of the shocking details, Hocken
lnarrYilas m sucifevident distress that he
was a, pitiable spectacle. His features
are heavy, and of rather a sensual and
stolid type, but still would contradict'
such cowardly depravity as is laid to his
charge. His face and neck and hands,
were purple a greater part of the time of
Mr. Riddle's speech. Sometimes Ithink
him in danger of apoplexy, and if the
prosecution succeed in fastening the
crime upon him, there are features in his
case which must cut him off from the ro-
mantic interest which surrounds distract-
ed lovers.
THE TESTIMONY.
The father of the murdered girl was
called to the stand, and did not know her
age exactly. She was between twenty
one and twenty-five years old. She had
alwayi3 lived at home. He said: She came
to her death on the evening of the Eid of
November,lB6B, between seven and eight
o'clock, by a shot fired through the win
dow, while we were at supper. ' we had
had just begun to eat; the shot shocked
me; I put my hand to my head, found
blood on my head, and a slight wound
in the back and on the top of the bead,
near the side next my daughter Nancy;
she was inclined to one side; I did not
know that she was hurt, but thought it
was myself, . mini my daughter Mary
called out 9Ann's shot;" mother got
around to her first and raised her head; it
'was all bleeding; I noticed blood on the
top of her head; I put my hand , on her
head to see if the bone was broken, and
found it was; I looked down into her
facp, and I saw the wound; I saw
it was fatal; I went to the
door and hissed the dog; he,went
round the house to the side where the
murderer had been, but would not bark;
be came backand seemed to feel that he
would not bother, I did not know what
to do; there was no one there but our
family and Mrs. Graham; i . was sitting'
at the end of the table with my back to
'the door; my daughtet Nancy was on my
'right hand; Mary was opposite me; my
'wife and Mrs. Graham opposite Nancy
Ann, who was on my left hand; I noticed
On the floor the piece that Nancy had
been eating; by the time I got up and
round to her she was falling on the floor;
her mother was holding up her bead; I
did not see her breathe afterward and
saw that it was death; the room is about
twelve by sixteen; the table was near
the centre; I noticed afterward that
the shot came at an angle, and
some \ struck the door; the shots
struck \ her on the left side of the
head and on the top, tearing the flesh on
the top and making a large hole in the
left temple; there were numerous shots
on the sides of the head. Tho doctors
can tell you easier than I. I saw she was
gone and left her to see if I could find
the murderer. That evening my two
daughters and I went to an orchard I
have at some distance. We succeeded in
getting a pretty, good load of apples. The
girls got some of the larger ones to pare;
the small ones were for cider. We were
pretty late getting home; I said we would
not bnng them In that night, but one of
the girls, it was Nancy Ann, said we had
better bring in the bags before supper; I
said I world if she would get andle;
she did. and held it on the end W the
porch. Mary climbed on the wagon and,
helped me to get the bags ou my shoulder
and I took them in, soon after the moon
got above the trees; supper was ready
soon after. While we were taking in the
apples we heard s quick step, and some
one said there was some one going to
church; it was Mary said this. The road
is so near the house that one can easily
hear one walk in the road. There is an
inclosure around the house. On the
north side, next the road, the fence is
low so that one can step over it; from the
road to the window into which the shot
was fired it is about a rod; the ground
rises from the house to the road. There
lea level walk about two feet close to the
house, made to keep the damp oft The
!shot came through the middle part of
{the lower sash. I noticed my, wife was
"Oh. God, who has murdered my
child?" I-went for to hunt some person
!for to help, they were so distressed there;
II went to Mr. Barkley's; his house is to
the 'eastward; I did not stay long; I left
the gun and revolver with the family,
and told them to use them should any
thing occur; I took one with me; Mr.
Barkley came first; the news soon spread,
for the people were coming from church,.
and I went out and told them that mnr
[der had been committed. Aninquest was
held next morning; the prisoner was ar
rested before'l knew it; Mr. Miner, the
consiable, <brought him to our house.
i [Prisolier;s counsel objected to asking
'witness what the prisoner .said when
I nrolight there. The Court ruled that he
might describe the manner of the pria•
oner.] He appeared as if he did not want
, 10 go near the dead person; he had been
familiar in the family; did not go near
him; he was much excited, but appeared
to bear up verystrong against it. Mr.
Shaner asked him if had been at
preaching last night, and he said he was.
Ormeoximined—Was in the east room
at breakfast when the prisoner was
brought in; he was in charge of Mr. Hil
lier; there was a great deal said to him
that I did not hear; cannot tell his age;
suppose he Is somewhere about tiventy
one; he did not hear any one say to Tay
lor to be careful what he said; he would
not say that he had - heard any one say.
that it.would be better for him to tell all
the truth about the matter; he did not
propose to say, that he heard all that was
said to prisoner; he was brought into the
room' where witness was, and staid until
he was taken into the room where the
dead body lay; did - not remember that
. he said anything before be was taken
into that room;, recalled part, of what he
said when he was ba that room; Mr.
Wilson, his guardian. said , to him that
any man might' be taken up on suspi
cion; that now he must prove where he
had been.
" Then conned argued for half an hour
as to whether witness, should tell him
what Squire - Shorter - had askeft
Witronui was often oonfUsed, but without,
any oontradictiOn in • his statements.
Could'not tell Whether his declarations
•i to Squire Shaner' word belbre 'or after
thit , Statement of his gliardian. Here
the Court adjonined for-dinner.
BXB=MON OF TEEM Trasu
.c At two o'clock , ' the Court was opened...
Difilattbaugh'was - permitted to oPook
to Mr. Farnsner, who wished to give
directiOtur about some of Ms business at.
home: The examination of Mr. Mo
lt:landless was resumed. Mr. MeTcmkin
w,ithdrew for the present . the question
about the prisoner's 'declarations in the
arouse,' after his surest. -He exhibited
the sash through which the fatal shot
was fired, and gave it aci his opinion that
thts shot must havti . been , tired , close to
the, window, on the walk before de.
scribed.' It is about one and a half miles
fscsm his house to that of Daniel Graham,
where the prisoner - lived at the titrienf
\ the murder. The nearest road is through
the woods, and one geing from his house
to "Mr. Graham's could go quite up
to 'thit*barn without - being Nen itsrm
Mr. Graham's house. Muddy" Um*
runs bet Ween the two !houses, and the
Franklin\ road lies between Mr. Gra
ham's house and a term' The priborter
causer* live with witness in 111, and
lived with' hihr until . he went to Mr.
Graham's, : except some short periods,
when he went to 011 Creek to look'for
work, but he was:soon back. It is two
years idol* he „went. toll?* with Ms.
Onduittailuel heed In the habit of visit-
;
ing in witness' family during that time,
especially on Sabbath, he lived 'milky:to
thereas a faint' hand, according to' agree
ment with his, guardian; was treated as a
member of the _family; went to church
with them regularly, to Muddy Creek
Church.
PREVIOUS ATTEMPTS TO MURDER.
Witness was asked to state the circum
stances ot some firing done in his house
on a, former occasion. Defence objected
and stated in writing their object, viz.,
to prove a - previous attempt upon the life
of Miss McCandless by the prisoner. The
defence objected on the ground that this
assumed a distinct act, for which the pris
oner was not indicted, and for which he
could not be called upon to sneer un
der the present charge. The Court Bug.,
gested that the proseintion had not stated
whether the guns were loaded. The cor
rection was made, and the Court over
ruled the objection. Mr. McCandless
then stated that in June—three years age
next June—a man raised the window sash
exhibited in Court, reached in and,.
opened the door, went through a little
hall and fired a gun over the bed in which
both his daughters slept; the ball struck
near a clock by the head of the bed, and
Mary sat up in bed and said, "they Are
in the house!" Ann said "lay, down;"
she did so, and just then a second shot.
was fired, both shots crossed just over
the girls' heads, about six incheS above
them; before firing each time the person
ffring said "boo, boo!" The first shot
woke witness, and he thought the firing
was out of doors; at the second, he sprang
out of bed, got his gun, which was with
out a load, and gave chase to the unseen,
person, who fled before him, and showed
great skill and ease in getting out of_the
house, notwithstanding it; as so dark
that witness ran against. the table,
which stood in the center of the rooni
through Which they passed; witness did
not know that the gun bad been ' i loaded
until afterwards. When Hockenburry
was visiting his house; they were talk-
ing of the matter; prisoner said le could
show witness where the balls had gone
into the wall. The wall was pandled and
had, small 'dark spots, which made.it
difficult to see the holes; witness did not
then suspect prisoner, and did not bo
lieve that there had been balls in the
gun, until a young man dug .a ball oat
of one of. the holes. It was a revolver
ball; prisoner Is not a man of
many words, and pointed out the
places where the loalls had, struck.
They: were talking of this myste
rious shooting in another , -room,
when prisoner said to witness "Come;
can show •you where the balls struck;"
then went in and pointed out the boles;
does not remember talking, with the
prisoner on the subject before the tame
of showing him the holes in the wall;
does not remember that prisoner had
been in the house after the shooting and
before the time of pointing out the holes;
prisoner knew where each member of
the family slept; he had been in the
same place, and the girls slept in that
place when prisoner lived in the. familY.
When the person firing thus in the dark
• said "boo, boo 1" witness thought the
voice familiar. lie is not so certain of
hearing the "boo, boo" before the first
shot, but the second "boo, boo" was very
plain and very terrifying when quickly .
followed by the shot; did not follow the
retreating footsteps out of doors. The
night was very dark and he had no load
in his gun4l
0111013MSTANTIAL EVrbENOE.
Mr. Mc.Tankin then asked witness to
state particulars of another transaction
in his family six weeks before the: ;mor- •
der. Defense objected, when he stated
in writing that he proposed to prove 'by
witness that some person had come' to
his house while he was in church on
Sabbath,_. and while only the deceased
and an aged lady were there; that this ,
person had broken mien the door, was
disguited and armed witha hatchet and
pistols, and that the person was the
prisoner, who had designed to murder
deceased at that time. Defense stated.in
writing that witness was incompetent to
prove what occurred in his house while
he was ink church . three miles, dis
tant. Court directed the prosecution to
amend the motion. This was done, and '
some technical change made some spar
ring by the attorneys, and Mr. McCan
dless was required to state what took
place in his house six weeks before the
murder. On that day, witness, his• wife
and daughter Mary went to preaching,
leaving Nanny and an aged woman in the
house; when he came home he was told
that some one had forcibly entered :his
house; he found that the front door had
been forced open by some instrument
which had been thrust between. the
door and • pannel; some one had tried
to force the lock of the bureau; he be
lieved that the instrument in both cases
was a hatchet; lie went to church in an
open farm wagon; he started about nine •
o'clock In the morning and returned
about four o'clock in the afternoon; his
barn was burned; it was about two
weeks after the shooting in his house,
and it was but a few days after the burn
ing of the barn that the prisoner showed
him the holes•in the wall; the putty was
Picked off a pane of glass in another win
dow the night the barn was burned; he
thought the person wanted to get his
arm in to unlock a door on the opposite
aide of the house. from that by which
the person entered who did . the
M iring; he discovered his barn on lire •
about ten o'clock, and the next morning
found this trace of an attempt at a second
forcible entry. .t
Crear-etanftned--By Mr. Thompson.
There was no fire about the barn. Did
you suspect one of your neighbors, who
was there the night of the burning your
barn? He did suspect this neighbor,
Oliver Keyser, of burning his barn, end
thought it might be he who did the
shooting. He heard that Oliver K. had
threatened him with a snit for slander.
He did own the land on which the:tarn
stood and the barn.. Oliver K. married
witness' wife's sister and there was a
bad feeling between them; there was a
barn burned his neighborhood.- be
longing,tp his brother, .before his barn
was burned, and he got into a libel suit
iftßutier about the burning of .thit barn.
It isa not . a • mile • from < the nearest
Point of woods to Daniel Graham's house;
it would be about twentrAve rode trom
btr.. Graham's, house to the -timber,- it
might beeighty. rods or forty. rods; the
Franklin road is a good deal traveled;
he did not know that. Taylor had in
his how after the shooting; bid: CUM
Wed the marks in, the wall with his
daughters before he pointed them-out to
witness.
.Was anymember, yonr, ab-
sent with whom you bad , a family
0111 W ? • •-• •
Question obdected Was not crosaex
iunmation. Court ruled that the-ques
tion might be asked to oontradict witness,
who very distinctly stated his disbelief
of balls in `..the,• shooting, because he
knew of no enemy who might wish
to injure him, and on this:ground
held to his disbelief even after the pris
oner had , pointed out the holes in the
wall, and Until. a young man had dug
them out end &owed them to hi ob-
m. •Th e
Jed of defence in asking if the ': witness: had not a ifonAn4siv with wham ha -had
a serious Aunty difficulty, who was in- ,
sane, was stated in writing, and that the
object was to contradict witneas, and
lay the grounds, fir • his contradietion.
Prosecution °bleated On t he grognO that
iris was not cross-examination, and was.
the • introdnotion 'of • new and
third matter Of' defence. After
=LIU
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