hi in; so I went to the back door and met M'Conuick there with a club in his hand. Ho struck at me and I put up my hand and received it on my arm. 1 went back to where my brother stood. He told me to leave right away or I would get killed. T came to the same door again, back door, and looked out and saw M'Cormick going to frout of tho house, and I slipped out behind the shanty and went along down behind the barn : stood there for two or three miuutes and th'cn crossed the fence and came up on tho street, on same street where the shanty stood, aud found my brother laying on tho street, as I thought, lead, about 100 yards from shanty, and Pat. Cogan stooped over him, without a cap, and I said Pat. you killed my broth er; he said it would bo worse were it not for him. Schrawder Brown and Richard Staples came by, as soon as I did, and raised him out of the mud, and Cogan and the3 carried him into the shanty, and he never spoke a word from that time, only one or two words he spoke before Doctor Jackson, I can recollect, until he died, lie died on 18th of March, about 10 o' clock in the morning. There was a pile of wood cut, ready for using, laying there on the road where he laid. Witness points to tho prisoners and says they are the meu I saw there that night. When I retreated to my brother again the men were breaking tho shanty. As near as I can tell they threw. 1 cords o! wood in the shant After the affray, tho shanty was without a door or window, except, tho back door, and the floor cov ered with wood and some stones there, thrown in by some of the party. A stove partly broken. When I was behind the barn heard a noise of people running up and down tho street. I knew all of these men before; thcr were working on the rail-road by the village. Phil. Co gan's wife lived in the village and he worked on the rail-road; all of these men were in the habit of coming to my broth ers shauty. I saw these men next morn ing after the fray, when they were taken prisoners. I did'nt sec much sigu of li quor about these men; I saw some of them drink; I saw Pat. Cogan drink that fore - noon my urotoer, he and 1 took a drink together, The first time the'two boys had a nsnt was about iu o clock. Uoean fight tame to the shauty between 6 and 7 o'clk. iu the evening. CV. Ex. I came there to that shanty on the 23d May, 1851. I had the con trol of it from the time I came there. 1 done my brother's busines : my brother was to work part of the time. He went to work last summer or spring at the bridge at Bell's Mill: worked there about 3 months, then came home and staid 5 or j 0 weeks, and then went to Port Jervis, staid there about three weeks, -and came home and staid 2 or 3 weeks more, and theu went to work at Coan's bridge, the high bridge, worked there a week and came back on Saturday of the fight Dur ing his absence I attended this shanty. This was a grog shanty. I was examined before the Justice in this case. The first fight, about 1 o'olock, was between Raygan and Gonnclly. The coond fight between them waB towards t veiling, 3 or 4 hours after the first. M'Cormick waB outside the shanty at the time he struck me. The back door vss shut when I went to it not locked. 1 shut it again when I went back did'nt lock it. When Philip Cogan came and asked what this was all about, he shut the door after him. I struck when he called tho boys; struck him with the but-end of a levolvcr some where m the head, can t tell where. I am sbure I struck him twice. I saw blood afterwards; pushed him to the door; none of the rest had come iu then yet. Thomas Ragan, my brother and myself were in the shanty when Phil.' J J t waa in ; can t say it any more. ltagan assisted me in putting him out ; I don't know that he struck him also. The strug gle t the door, lasted two or three min utes ; I did'nt hit him at the door ; did'nt hear him say not to murder him ; did'nt hoar any one on the outside say, they are murdering Phil, in there; did'nt see that he was badly hurt about the bead and face; saw him the next day. He looked pretty poor, pale; had a handkerchief a rouud his head ; saw no wounds on his face; saw him half-past 10 o'clock next day, he was standing on tho floor then when I saw him; nothing on but his pants and shirt; did'nt sec any blood on his t-hirt. I was between the jam and him he between the door and me. Ragan was tryiug to shut the door then and Pat. too. They were behind the door then. Patrick and Raygan. The door was open then 2 or 3 miuutes. Phil, did'nt keep me pret ty bucy then; don't know that I said be fore the Justice that he kept me so busy I did'nt know what any one else was do ing. My leg got caught fast in the door, and Phil, was then between me and the door. It was at that time that I saw M'Cormick, Brady, Sheridan, Gainer and Rpgers come along and several others along with them; cant tell who the others were, they were straugers to me. I was standing at the bar when I saw Pat. Co gan, John Kahoe aud Phil. Cogan go by the window, on the out side; I saw them through tbe window : there was a pane broke out of the window at that time. The light was burning then; tbe light was one foot from where i was standing, little to the right ; saw no body come in the shauty after tbe stones and wood began to come in. Phil, came in after some wood began to oome in, one or two sticks; saw no body come in after Phil, was put out. Pat. Brown, Jas. Mela any, Thos. Quinn, Pat. O Neily, aud some others, can't tell their names, were iu the time the first fight took place between Raygan and Gonnelly. When the 2d one took place the same fel lows were in; they had not remained in from the first to the second. and Pat rick stepped to the door, when half of it over head was broken away. The light was out then. The men were smasbiu" the front door when and Pat. stepped to it, and then it was my brother told me to leave. Then it was when i" and my brother stepped to the door that I snapped a revolver six times at the crowd, six bar relled revolver, all loaded; snapped them all, but none exploded; tried a single one after that, that did'nt go off; then I re treated; Did'nt see llaygan strike Kahop with a billet of wood. Ragan and Ka hoe were doing nothing when I stepped behind tho counter for tho pistols. Ka hoe struck me; I beat him over the head with the pistol; Kane pushed me back, 1 struck Kahoe over the head a couple of times i his head was cut a good deal. Did'nt get the minutes before the Inquest; I was examined there : don't know that before the Inquest I said I did'nt know who these men were, except those who came into the shanty; that when I came to the door it was so dark I could'nt tell who was there. Did'nt say I knew no one except those who came into the shan ty and the one who struck me back of the shanty. I can't recollect that I said be fore the Justice that it was dark about half past five; that these boys, llaygan & Gonnclly got into a fight. I came from province of Connaught Co. Ross Common, Ireland. John uonnclly was from same County. I don't know that John Connelly is related to me ; can't tell where ho is; I did'nt sec him since that night. I never said that John Gonnclly was the guilty man and he had escaped. I don't know as I said in pres ence of Robert Huston, at his store, that Gonnclly was the guilty man and he had escaped; don't know that I said in Hus ton's store, in Huston's and Adrian SayeV presence that the guilty man had escaped, and that the guilty man was Johu Con nelly. The prison ers arc from the North of Ireland, Ulster. I left my brother standing near the front door when I start ed to the back door to leave, about 4 feet back. My brother was nearer to the front door when I retreated. There arc two apartments in that shanty. I don't know that I said before the Justice that when I retired back I came as far as the door, between the two apartments. I saw Ro gcrs, M'Cormick, Sheridan, Gainor. John Cogan have clubs in their hands that night. I don't know that I swore before the Jus tice that the only man I saw have a club was M Cormick: I did nt leave any body (in the shanty besides my brother. There was a pretty good share of drinking done at that shanty that day : ale, porter and whiskey. I drank some myself : I saw my brother drink some, llaygan too ; did'nt see Quinn drink any. Quiun was j in two or three times that day; can't tell I how long he staid at a time. There were a great many passing iu and out of that shanty all that day. They came in these to get something to drink. I wasn't drunk that nicht : not so drunk that I could'nt See What I was about; I Was'nt SO drunk that I staggered; don't know that I was so drunk that I staggered tbat day or night: I stagger all the time. My broth er was'nt so drunk that he did'nt know what he was about; he had been drinking some through the day. I wasn't sober nor drunk: I don't know that I said be fore the Justice that I was half and half. I was examined before tho Inquest the same day my brother was killed. I think it was'nt a week after that I was exam ined again. Cogans and my brother and I had been on very friendly and intimate I terms till the time of this occurrence: inj the habit of visiting each other daily. j Jno. Gonnelly was whipped both times by Ragan. I don't know exactly what time J said it was, the second time, I put Gonnelly out before the Justice. I am sure I snapped the pistol after the light was out. It was about 7 o'clock in the evening when they began to batter the door. It was a very dark evening, a little mis'; had been drizziling pretty much all day ; don't know that I said before the Justice that I stepped back then a few paces, when McCormick struck me at the back door ; was'nt quite dark when Gonnelly and Ra gan had the fight. About an hour after the second fiirht, they came back. I did'nt eee i a r .. C?.l I" J C. I l. n J Uli"w' Z Z iirnwn when l rnmn tn whom mv hrnther was. Can't say whether Patrick Cogan had hold of my brother when I c;ime up. Schraw der Brown and Staples was'nt there before 1 was, came up together; don't know that 1 said before the Justice that I saw Patrick Cogan have a hold of my brother, and Schraw der Brown, Richard Staples standing by when I came up; I don't know that I said before the Justice that Cogan was'nt in the door o ver a minute and a half before I got hirn out, I might have said that when I opened the door, there were but four or five in front oJ the door, and the rest came running over from Levanwny's store L's store is on opposite side of street, a Jittlo below the door of my shanty swings to the left going in, and is on right hand side of street going down. 1 might have said before the Justice that Jno. Kahoe, John Kane, John Gonnelly, Thomas Sheridan and McCormick, were the very ones standing by the door, when Phil, first opened the door, and the rest of these prison ers came runnin"- over from Levanwav k store, and Phil, and I were struggling all while. I said I handled Gonnclly pre the Ily pretty rough I know I handled him rough; don't know as I said that 1 saw no blow struck by any body except Gonnelly, myself, Phil. Co gan, Ragan, McCormick and Kahoe ; don't know as I said before the Just-ce, that the candle had been put out after I had snapped the pistol. Ragan and the other men had gone out before me. Ragan went out just before me. He went in the same direction I did, to the end of the barn. They were not all gone, except Ragan, my brother and my self before the first board in the door was broken; don't know that I swore so before the Justice of the peace. Can't tell whether f 6aid that Ragan left before I did. I was'nt pounding Phil., when he said, boys han't you coming in ; don't know that I swore so before the Justice; don't know but I did swear that Jno Kane wanted to make peace, when Kahoe came up to strike me. I had both pistols in my hand when Koag came up to me. Don't know that I swore before the Justice that when Cogan asked who said, let Put. Cogan go to hell, and I asked the boys that no one answered. I was up along the line collecting money to fee counsel, and pay expenses of this prosecution. I did'nt 6end word to John Gonnelly on Sunday after this affray to leave. Jle. Ex. I saw no pistol there except what I had. Br. Davis D. Walton, afiiimed : I wa& in my office on St. Patrick's day. I heard a noise, neighbors running down ; I went down part way, and someone said there was a man badly beaten, and wanted me to go down ; I went, and saw him Inying on ground or wood opposite Philip Swarttvood's house, prpbably 100 yards from shanty at side of road;I found j then a few individuals there ; after a bit they J wuvu mm mio siianty; Kicuard Staples wai one, Patrick Uogan, and l minK wnuam Lnrzelier ; I went along, we put him in bed ; found him in Etupid condition, insensible con dition; some bloody.. I washed off a portion of the blood, not very particular; think I of fered him some cold water in a lea spoon ; think he did'nt drink. I staid probably an hour; good deal of confusion and I went home, left h?m in a stupor; next morning I went down, and found him still in a stupid condi tion; his pulse had raised some; this was 6 or 7 o'clock in the morning. I went home and got breakfast, and went down again ; think I then removed the hair from his head, and found his pulse had raised a little, and bled him; I then went home; was called a way, and when I returned home, 1 was in formed he was dead. There were some few wounds on the head ; the right side of head seemed to be considerably swollen ; he had a cut in the upper lip, thai bled-considerable, and a couple of slight cuts, not much, of scalp, rather above the temple. I sent for my older brother at the post mor tem examination; we made two incisions, one transversly and one longitudinal; did'nt re move the scull but the scalp found no fac ture of the scull. The flesh of the scalp ap peared to be considerably swollen and coag ulated: I purposed removing the ecull, but the gentlemen there thought it was'nt neces sary. The conclusion I came to, was, that his death was caused by the injuries he received on the head. C'r. Ex. I have been in practice between seven and eight years. The cut in the lips was nothing serious ; the cuts on the head were not of any magnitude; from the outward op peurance; the skin was just cleverly broken, not deep. 1 he bruise was about in centre, between the forehead and back part. The bruise seemed to extend alone side of the head considerably, not much raised; I am cer tain that his death was caused from those wounds. 1 should say he died from congestion of the brain: I can't tell whether he died from congestion, or from extravasation of blood up on the brain; I don't know whether his heart was affected ; don't know whether his lungs were affected : don't know whether there were any aneurisms in his system; don't knew whether his brain was diseased. lie might have had an aneurism of the heart, or bruin existingfor some time, and have died from the rupture thereof, A man who hnd all the appearances that he had, upon the post mortem ex amination, could have died from the rupture of an aneurism, from phthisis, or from apo plexy, and the wounds not have been the cause of death. if the brain had been dis eased, mere excitement would have a ten dency to cause cerebral hemorrhage, and cause death. Intoxication added would have a still greater tendency to produce cerebral hemorrhage and cause death. If ihere had been an aneurism in his sys tem, excitement, and intoxication would have a tendency to produce a rupture. People sometimes when apparently in perfect health, a nipuire ui an on or... , or , me i- n . c :c . i very suddenly. Reaction had not taken place, next morning, entirely. It had to some ex tent when I bled him. In concussion of the brain, physicians desire, and huve to wait for reaction. I should think bleeding, after a partial reaction, would not have a tendency to stop further reaction. In concussion, the breathing is stirtorous, pulse weak, flesh cold, and eye insensible to light, not entirely the same in congestion; are similar. I think in concussion of the brain, the breathing is not easy and natural. In apoplexy the breath ing is similar. Patrick Brown's breath smelt of liquor I smelt it very sensibly. Think it could'nt have been later than 9 o'clock when I bled him. The morning when I bled him, I don't know that I thought the symptoms indicated concussion I may have tho t so. When I-was going down to Brown s after breakfast, I met Dr. Jackson, before I bled Brown; I think reaction had partially taken place, the first time 1 saw him before breakfast. I could nt say that this man did nt die from disease of the heart; can't say that he did not die from apoplexy; can t say that he did not die from phthisis. I am well sat isfied, in my mind, that he died from those wounds. Death could have followed those wounds and not be caused by them. Man Morgan, sworn. I resided at Philip Swartwood in March last. I know where Peter Brown keeps a shanty, not far from us, the night of this matter. I heard a great noise at Brown's shanty, I was out doors with a candle, very dark I looked over to the shanty and saw a lot of men breaking in the door, as I looked a few minutes longer I saw a man coming across tho lot right opposite the door, an open field. I looked over towards Brown's shanty and saw a whole lot of men com ing right up there was one man came up before the rest and hollowed hero he is, hero he is. I didn't know the man's voice, did'nt take notice. They held the man at the pile of wood, and I heard the blows. I he blows sounded very hard and loud; and could hardly think they came from the lists. 1 heard the man cry out to spare his life. The blows continued for a little while the man fell right down on the wood, and they stopped. I didn't know any of tho men that were beating him. About an hour after I met two men as I was going down towards Brown's shanty. They were Phil. Cogan and Sheridan. In passing by he, Phil. Cogan, spoke, is that Mary, and then 1 knew him After that I had been up town to the dress makers, and on my return, as I was going into the house, I saw Patrick Cogan and some others. Sheridan and two others standing I made mention to Patrick Co gan as I went in, that Peter Brown was crying very much about his brother, and Patrick mado mention that Peter would soon get over it. After I went up stairs I looked out and saw them there still. It was later than I usually go to bed. CV. Ex. I could'nt rightly tell wheth er it was a moon light night, was a fine night, not raining; was dry oyer head. I went out side with a light, and kept it till the men came up, and then I blew it right out. I hadn't blew the light out before this man came across the lot. Can't tell how long it was from the time t blew out the light till I went into the house. I met Phil. Cogan right by Mark Miller's dwelling house ; that is a little bit above Petor Brown's shanty. I did'nt stay at Peter Brown's shanty five minutes. Then I came up town to the dress makers, Mary Gordon, Abner Gordon's daughter, on the back street. I went there, stopped there a quarter of an hour. Then I stood on tho walk betweon Gorss and Robert Boys gato a few minutes, and then came right down. Then I went right in and went up stairs. I was in at Philip Co it.i i ur t i i,o" o iuuk iti 'u.t uuiuic j. weuc up town tO n'O 4- It rk t- iinlt( Vr I ... - L. I - . Can't tell whether before, or after I went down to Peter Brown's .shanty. Phil, then lived the next door above' Swart wood's. -When I was in at Phil. Cogan's I saw Phil, in there: Patrick Cogan when I saw him, stood with bis back against Swartwood's fence. I did'nt stay long nt Phil. Cogan's, not a quarter of an hour, between five and ten minutes, ratnek Cogan was'nt there at Phil's, when I was 0 T ! II . 1 Tll'l ill I- -T. in. l aid nt Know run. uuiu ue epuuu, because I wasn't looking at him. It was very dark the time they were beating that man. I saw tho men at the shanty all in a crowd, but did'nt know who they were. I did'nt say in Phil. Cogan's house that I did'nt know any thing about it, couldn't tell who they were, nor what they were doin", all 1 knew 1 heard the noise, una tret Cocran was in at Phil s, when 1 was there. Don't mind whether Joanna Kcliv was in or not. I came to this place last summer some time. I have been living up the lines a good part of the time. 1 first lived at John Melioks, a week at Predmore's, Pidel Nageles, Swartwood's, was'nt a week at the colored people's down at the bridge. I don't remember saying to Philip Swartwood and his wife that I did'nt know any thing, only I heard the noise, it was so dark I could'nt see. Richard S. St(ics sworn. I reside in lower end of town, near Peter Brown's shanty. On the night of the 17th March, I walked out of the store, and heard a noise down street, and supposed it to be a fight, from the character of the noise started immediately down, came to within about 100 yards of the shanty. I heard some one say they have killed him. 1 then went across tho street, some persons standing there, and Patrick Cogan had hold of Patrick Brown. Patrick Cogan was trying to hold him up, and asked me and Schrawder Brown to help him carry him in the shanty. "We both took hold of him ; Brown of one leg and I another; Larzelicr and D. D. Walton took hold, and among us we carried him in the shanty. Dark, no light; considerable stove wood scat tered about the floor, stove upset. After we got him in, then I let loose of him and walked out of the shanty. Then they brought a light. I then saw that the stove was upset, fire in it smoking. They then soon got Brown in a bed. When I left tho shanty, I think they all left but Pat. Cogan, he had hold of Brown's head. The window was knocked in and the door broke considerable. The head of Brown was very bloody ; don't think I noticed any stoues on the shanty floor. Think this was somewhere between 8 and 10 o clck. Couldn't distinguish persons When I got there the noise was over; saw several persons walking about, but could'n distinguish them, it was very dark. CV. Ex. Think I got there about the time Schrawder Brown did found Pat rick Cogan endeavoring to lift Patrick Brown uo. Peter Brown was'nt there when I came. I thought I heard his voice going from, where Patrick was to the shan ty. Don't recollect whether he came back again before we got Patrick into the shan ty. I met several persons when I was go ing down; think I met some running from tho scenc.in the street, before I got there I could'nt distinguish a person ten yard off. I tried to see who was over there and couldn't till I got up to Patrick Co gan and he spoke. When I first came up Cogan asked me if I would'nt take hold and carry him into the shanty. Ho said nothing further that I recollect, until we got into the shanty, when Patrick Cogan was trying to pacify Peter Brown. When the light was struck up there were several Irishmen then in the shanty There were two or three that looked as if they had been in a fight : did'nt know them don't recollect whether Pat. Cogan helped put him in the bed. When I start ed, Patrick Cogan came with me as far as the wood pile to look for his cap, said he had lost it, on pile of stove wood where Patrick Brown laid. It was just threw into a pile. When I saw Brown first, he was lying right by the side of the pile of wood, bhould'nt think there was over half a cord of wood in the shanty. The window was smashed in, and door partly broken. Jos. M. Robeson, sworn. In the even ing half past 6, or nearly seven o'clock, in March, think on 17j I saw a parcel of men in front of shanty, making a noise, and presently some one came out of tho shan ty and run up the street, and some one m the crowd hollowed here he goes, and then they followed him. I heard a scuf fle in front of Swartwood's. I went up, and when I got there, no one there but Patrick Brown and Patrick Cogan. Some one then came up. and I heard Cogan ask him to help carry him into the shanty. I then left them, and went across tho road on the pavement. I think I heard blows up there. I should judge there were ten or a dozen men ran up after him ; don't know that 1 heard any one make a remark but Cogan. I was watching them when they run up. Think I heard the noise some five or ten minutes. The noise sound ed as if they were throwing something a gainst the shanty and hollowing. There was a pretty large collection of men in front of the shanty. I saw nothing throwed. I don't remember whether the crowd all left tho shanty. C Ex. Ihis person that the crowd followed ran up th! main street. It was a very dark night. I should think there were 20 Irishmen in the crowd. There might have been 30 or 40, don't know that I heard any quarreling; heard a noise, but don't know what was said. Don't remember who it was that Patrick Cogan asked to help carry him in. Don't know where the men went to, that followed the man up. I should think there were about two loads of cut wood in the wood pile. I think Brown laid right on the edge of it. Rc. Ex. There is a,n open space bo- tween Mark Miller's shop and Brown's shanty. Mark Miller's shop is between tho shanty and Swartwood's wood pile. xue man came out in cue mam street be- ween tho shop and shanty. Tho wood pilo is on tho opposite side of the street trora bwartwood's house. James Stewart, sworn On the night of the 17th four of us were coming up from ran uoacu's where we were stopping; one of the men told me to listen. I was a bout 200 yards from the shanty at the time : was after 7 o'clock, evening. I went up tho length of Levanway's store, and heard a great noise in Brown's shan ty. I seen men around the shanty, and I stopped where I was, and I sdw three men advancing from the shanty. I cross ed the street, and went over and John Kahoe was there, and his brother Pat rick Kahoe; one of the men along with me, asked him what was up with him and he said ho was beat by the Brown's. I saw blood on him, but couldn't see no mark at tho same time. Patrick wanted Jno. to go home with him, and Jno. advan ced away from me at the time. I went up the street to opposite where Phil. Cogan lived at that time. I saw Sonie wofaen siendinr inside the fcr.G?. The first thing i 3r ' a ' - .m ft n 1 heard was rmi. uogan s wne crying Phil, was murdered. I asked her where and she said in Brown's shanty. I went down to the shanty, and saw John Gon ly breaking in the shanty, and John Co gan, Thomas Sherridan, James McCor mick and James Rogers, they were break ing in the shanty. John Kahoe's broth er came up to me where I was. I went in search of John Kahoe, went down the length of Patrick Cogan's shanty in search of John Kahoe : looked in the window and saw a light inside saw no person inside. Then I retired from the shanty, and on my return I saw these men run ning on opposite side of street, and I ran after them to see if any one of them was John, that I was in search of. They ran quick, and I thought I couldn't come up to them, and retired back, and heard a noise- above Pat. Brown's shanty. And the first thing I heard was Peter Brown crying out that his brother was killed. I saw three men carrying Pat. Brown. Could know none of them only Pat. Cogan. Saw them carry Pat. Brown into his own shanty. I retired then and went home; I saw four of these men, (pointing them out,) James Rogers, McCormick, John Co gan and Sherridan. I only saw those breaking in the shanty. There was a great noise inside the shanty before this; a great noise outside. I saw no others there breaking in the shanty. I went a way from there in search of John Kahoe. CV. Ex. Pari Hooch's shanty was on far side of the creek. Robert Hagan, James Lanen, Patrick Kahoe and my self were the four coming up. It wasn't very dark. It was pretty clear when it wasn't raining. It was clear at that time when I came over : wasn't very dark, aid I saw no moon light; was St. Patrick's day. I drank a little that day, drank two glasses of beer at 1 arl Roach s, and drank one glass of liquor on the way coming from the Little Tunnel, in Jersey. That is all I drank. I can't say all that would make one drunk. I didn t see that Lannen was in liquor: it wasn't very dark. I was by myself at Levanaways store can't say where the others were. Robert Hagan came before me, and I didn't see him a gain till I saw him at the shanty, where I stopped that night. That was at Pari Roach's. I saw Lannen again when I was up opposite Phil. Cogan's, and left him there and didn't see him again till I saw him afterwards in Farl Roach's shan ty. After I had seen them carry Brown in the shanty. Iliad no business whatso ever, that took me opposite Phil. Cogan's. I happened to go. I stopped at Levana ways store, to the best of my opinion 3 minutes. From the store I went to Browns shanty, was there about ten minutes to the beat of my opinion, from there I went up to opposite Phil Cogan's. I remained oppo site Phil. Cogan's about a minute to the best of my opinion. Then I kept along the side walk till opposite Browns, and crossed the street, walked down. I went down on the same side Phil. Cogan's house was on. Stood there better than ten min utes, from thero I went down to Pat. Co gan's shanty, looked in the window, and made no delay, and retired from the shan ty, and saw these two men run down the street. I run after the two men about 30 yards. Didn't go as far down as the grave yard. Then I retired back again up the the street to above Pat. Brown s shanty, to the best of my opinion about 30 yards above the shanty. It took me about 12 or 15 minutes to go from Brown's shanty to Cogan's and back agan. 1 didnt speak to these men that were breaking into the shanty. I saw John Gonly breaking in the window of the shan ty, the first man I saw. heard a noise inside when thev were trvins to break in. Thos. Sherd an was breaking in the shan ty between the window and door. John Cogan was trying to butt in the door. Rogers was striking wood agasnst the shanty,front side,bctweenthe window and the door. McCormick was at the door. Didn't see any of them brcakin through while 1 was there. Gonly broke the win dow in while I was there. Don't know Whether there Avas a light in tho shanty or not. Didn't hear them sav anv thimr they just kept pounding away. I was about 5 yards from James Rogers fur ther from McCormick than Rogers about same distance from John (Jonn nnt much over 5 yards from Gonly. When went from the store over to the shanty, I saw others there then. John Kahoe, Pat Kahoe, John Kaine. Pat. Brady and some others. Doing nothing at the time. Saw nlentv alonrr thn st.mot at the time, and alonir tho side walk. 1 utricle O'Ke'd. sworn. I was nresent ai, me row; apout o o'clock in the after noon, or little after, on the 17th March. i.t . . I came into Pat. Brown's shanty, Pat. Burn's with rue: we had a few drinks. John Gonnelly came in; ho and Thomas Raygan had a few words and got hold. xeier .Drown Mien tola the others to stand back and give them fair play: not to in terfere with them. Brown then separated thorn and put Gonnelly out. When he got to the door, Gonnolly said if he was down at Cogan's shanty he would have iair piay ana would nt ne Deat. rat. Brown told him to go away. John Gon nelly again rushed into the ahauty of Brown, for James Melanny; don't know any thing more there: 1 went out. I stopped there then till Gonnelly came out again. I wanted him to po alono home and he would'nt. When he passing the window ho threw a stick at ifc and missed it, and then picked ud anoth er and threw it through. John Gonnelly tuen went aown to rat. uogan s shanty. Then I went down, short time after, and met Gonnelly, Pat. Cogan and John Ka hoe standing in Pat. Cogan's door. Gon nelly then asked me if I got his bander chief that he lost at Pat. Brown's. I told him I did'nt know whether be lost any. Then I went up and brought the hand kerchief down to him. He put the hand kerchief in his pocket and Pat. Cogan called him to one side. As I was coming back to Pat. Brown's Ehanty I heard Pat. Cogan say lets go up and Bee about it. Then they followed me up and went into Pat. Brown's. I suppose that was pretty Yiflfiv A n'nW- -.Ji:.. .-larl- As Cogan. went in ho sot down on a barrel along side of the counter. He asked Pe ter Brown, who was it told him to go to hell; that he had heard it as he, was com ing in the door. Peter Brown said no one said so. Cogan then told Brown he was a liar. Brown said if it was to raise a fuss they came in there, they had better leave the house. Johu Kahoe was with Cogan at that time, no one else that I can sny. Peter Brown ordered them out and got up to shove them out. John- Kahoe, Patrick Cogan and Peter Drown, and others inside, got into a hold, and J: then opened the door and got out. Can's tell how I got inside afterwards. After that I stood on opposite side of the street, on side walk ; stopped there a few min utes and saw a whole lot coming up front Pat. Cogan's Shanty; did nt know them-, the night was pretty dark; they came up and attacked the shanty by smashing it in with the wood along side of shanty. I stopped there a spell, and saw them smash ing up the shanty, throwing the wood in the door and window. Then they wero scattering away, and I heard one man say: " here he is, here ho is ;" I knew that man's voice as far as I could give a guess to his voice, it was Pat. Brady. I stop ped there then till I saw them scattering; from where Pat. Brown was beat. When the man said here he is, the party all run up the street. I met one boy coming down the sido walk, from where he was beat, it was John Kahoe, and he had nei ther coat nor cap on : he passed down towards Pat. Cogan's shauty. I was in sight of the place where Brown was bea ten up street from Brown's shanty, be tween 4 and 5 rods. There was a pile of wood there, stove wood ; I did'nt see a man running before tho crowd; I did'nt hear any noise when be was beat. They were running along the street, up and down. The first shouting I heard wa3 that Pat. Brown was killed ; that was when the party was going away. Tho time they were about the shanty, to the best of my opinion, there were 10 or 15 men ; they mostly all run up the strccc Witness points to John Kahoe. I stopped then till Patrick Brown was brought in. I saw Patrick Cogan then in the shanty, after Brown was put in the bed: I went in and found him in bed. The stove was turned on the sido ; can't say whether any fire in it wood stove. The floor was all covered over with wood, nothing else: half of the door was broke off; the window was all smashed iu." At the time the doctor came down 1 heard Patrick Brown say to him, the doctor, to go away that he did'nt want him. CV. Ex. All 1 heard when they came up from Pat. Cogan's shanty was, they said that Patrick Cogan was being killed in Brown's shanty. There was a noise in the shanty the time I left it, and be fore the boys attached it, heard a noise inside as if they were fighting. I guess there was some wood piled up inside, be fore the tuss commenced; but I can t say how much. The wood was piled up from the door to the counter; can't say how high it was; the counter was alongside from the door. I came to Brown's shanty with Patrick Burns; I had three drinks of whiskey; had'nt drunk any in at Cogan-a before I came up none at Farl Uoacb's; I did'nt taste a drop of liquor that day till I came to Brown's; drank a few glasses afterwards that night in Pat. Brown's ; I had'nt been to Brown's shanty that day before Burns and I came there ; should think it was 5 o'clock, or some after, when I first came to that shanty that day ; it was'nt then very dark, kind of a misty rain. Kane passed nic pretty near ap posite Brown's shanty on the side walk ; did'nt speak to Kane, but another boy with me did, that was James Lanan ; I was standing on the sido walk when Jas. Lanan came up to me; he came from Farl Roach's up; he did'nt stay there with mo not more than two or three minutes ; he then went down again towards the bury ing ground; I did'nt see him any more that evening. I walked into Pat. Brown's shanty; stopped there pretty near an hour; I then went homo over to the forge ; I hoarded with Conner. Lanan said to Kane, John that's a fine night. John said it was, and he walked off. Kane was walking down tho suln walk; if ho had'nt spoken, I would'nt have known him. It had'nt then cleared off, it was a misty rain; it was very dark. I was acquainted with John Kane over on the works about two or three months be fore this ' ppened; I woikcd iu the next pit to him. I commenced working thero some time along in the fall ; I have been in this county about three ycar3. When Cogan asked who said let Cogan go to hell, Pete asked the boys, and they said no ono said so. John Kahoe went in with Pat. Cogan, into the shanty, the time Pat. sat on tho barrel. Johu Gon nelly went as far as tho door, but I don't know whether he went in or not; I was in when they came in, none else went up with Pat. Cogan, but John Kahoe and John Gonnelly that I saw ; I did'nt see Phil. Cogan there; I did'nt see Pete Brown get his pistols; did'nt see a blow struck whiln I was inside; I guess there wero a good many of the Boy's over in town that night; not a great many till after Brown was beaten. At the time they wero beating him, there were a great many running up and down; I guess there wero forty or fif ty people around there, about tho time lie was beat, on the side walk, and scattered around; some coming up and some uoui- ft
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