Ini.'el l.-M then it uve ci.'s:
.segnu.-.i tw..ftiwr I"-" 1'H B,:J j
TasL.t ; .. a'ooot .') tfvps fri-iu iheai ;
It was n insUr, abort tioV'Vk in the ;
teeming. A j r J I litii.
M.Ciint-vrk. I live abo;:t ;
Ihree ,V.; ii.Kf a mile from : On-
loan wti.i : saw t men at "'7 lr!i
Ks-n-Uy r.'eht. Apn! ii'.U ; they iioke to
me and a-KcJ me the r.rare- way to
1t!P raiir.w 1 ; ...'.ked with tlirm
.iianrn i:p ttic r,.a.l when one of them
,..,,v.t me t-y the ah.mlder., I It j
",.os- from l.im and they l.-gsn cursing
and Fwearintr at me. Just linn I efrn -rv-i-i
another :.n couiit.ir s'"r.g w.th a
su a or. bis shoulder. liess.gr.U'.'d two ol
tbe roenss Taster and Marshall Pallivan.
P. F. Hanna Live in Addison aboat
one-fourth mile couth of IlarnedsviMe on
the road lea line to Pewr-to'S ; u l'-th
last April saw Le and Tasker in my
fathers barn : they had two sack and
a demijohn ; the uacks were filled with
horuethiiiZ whicii looked like it might be
baui, chestnuts, or aoniethiiig of that
lind ; I bad one of the hark in my
hand ; I aked them to hand it to me ;
ley fat her ordered tin in out of Uie bam.
.pointing a double-barreled j shot-gun at
Hu m : said Uiey had (rot there about 11
o'clock the night before.
Win. Hanna On the l'.lh of April last
about Igoclock Lewis and Talker were
in niv 1mm ; they bad two sacks and a
.icinijohn , I ordered tbem out ; they
told me they went into the barn aVmt 11
oVi.uk the night l-efore; I was talking
wi'.n uiy brother about the Voder rob
lry; bad just beard of it, and siike ol
having driven two men out of ny barn ;
j.i-t then two men came up the river
load carrying a c.r.iple sacks: tliey were
s-oi..u.g from 'he direction of Somerfiel 1 ;
1 told them they would have to go back
to Continence ; Walker and Flannigan
came along jut then ; nine little con
vereition took place; I asked them where
tb'-y same from, hut they did not give a
veiy .le!itiiie answer to that : they said
Ccv had originallycomefroui Baltimore;
I then asked them where liiey were go
ing and Ihey Raid they wanted to go to
tiie ncighborhojd of Three Water: thai
the were prartiral miners ; I asked fioui
what direction they catnn when they en
tvnsl my barn ; they said they badcouie
from the South.
Ji.hu Hanna Live in Addition town
fc;i., on the road leading from (.'ontlu
eri.v ; HQ the l"lh of April daw J-eie
and Talker alwut 2 o'clock in the after
li.n.n, alx.ut 7i yarla from my bonne,
iIo:i(T the r.ad poinir in the direction of
S nuerfield : I started after them and ar
reted them ; we acked them to p) w ith
ns to t 'onllnerice ; we went out tliere to
Hie folks of the road, w here ny brother
left us ; Anz'i'-'tine and the .anest onei.ot
on to Auiixtine'a wa n, and I took the
otii-ron the li"W U-liiud me ; we went
.'..: n about halfway lietwein my bous-e
iin 1 OmliiH-nee, w here the pridoner suc-c.-cded
iin makine their ewape ; the man
v it i the bl-i- nei-ktie jtot out of Aii!tia
tiiie's w,nr in and laid doan to tcke a
drink, an I pretem!in(j to reach for a
handkerchief, drew a revolver and order
ed Aiv'stiiM' to tret out of the wagon and
ou r the fen. hii-h be did ; the man
iK-hin.l me on tiie home had a ptnicc'e
v:th me for the whpb of my revol-M-r.
which be linally autveeded in ro
urini;. A !IA1 Ar OF lltAIIT HtslHSE.
!:' Auirustine. '"aw Talker and
1 -w..a the I'.th ol April Ix-twwn Win,
lliiiai's and John Hanna'a, between
'oii;iiiemy n Souierfiel !, on Monday
io'dowiiis the robbery; they )uwe na
tni.l we followed and inijuired as to
where they came from and where they
vfi re goinc, and what they had in the
ku ka w hich they were carrying ; talked
to them 10 ot 1" minutes; John Walker
and Andrew rianapin eauiealoiii;; Wm.
Hanna left and went home; they com
plained about lieinn very foot -sore, and I
lroed taking one of them half way
ia mv but'jy and t!ie other the other
inilf ; 1 ti.k him in w ith me and abort ly
-ift.-r looking back, (taw that Mr, Hanna
liad taken the other on the horse behind
him : my horae p.t to goinj pretty fast
and I z t 'luite a distanre abea.l U.fore I
knew it ; on the way !awi( complained
tif nt very nil k an 1 tuid he was
Muhlel w ith heart iliaeaue; be l(Kiked
n 1 aii.-l ax though be was Kick ; we
rame to a sjir.n; and I er:iiitt"d him to
p.-t out to take a drink of water ; after
taking a drink be Middenly drew a re
volver ou me and I then discovered that
hi- was free of the tyeart dine iseand I w as
taken with a au 1 len atLuk myself; be
lemande I tht 1 throw up my bands
which I i!.d wi.'iout arpmient and also
retreated cra.-cfully over the fence aKin
his re'piest.
John A. Walker. Corroborated t.'sti
monv of Mesws. John Hanna an 1 Kom
Augustine.
tieorge 1. irir IJvn in Confluence:
w the sack on M n lay evening at
Atun:' ; o;ene.l on." of the sacks ;
he bV.UT sick, w hich e inlained a deni
ijohn,? a!iie u.rar cikes. Home Pitisaire,
hams an I ehestnut. All eoulenU were
repla.vd and taken lck to Aiigutine's
jiOUs'.
J.wph l'iilM'r.i!in Live in Fayette
(i;ir.ty, iilxint thnv miU from Hill's:
know Jereuianus Thomas ; asked him
jilnif eirryin.' provisions to Hill's; a l
rxiitel Ihvt K had rirricd apples, rs
ssnd meat to them. AVcnt with Thomas.
.n.lerin and Sheriff of Fayette county
to tli Hill h.vise on niirht of 22nd of
March and heard a whistle which be
thought was given by Thomas.
Israel HiKiver Live in I'iack town
ship on the Forge road ; five or six miles
(rtnl Me.-hanic-.bury; t:iw four men
jroinff in direction of I'iklick Saturday
April l:ith, about twenty rjils apsrt:
roeotfnir l4wis as one of the men.
Win. n. Cook Live at Meyersdale,
'.rit IVan maile a statement to me
tart:aif out by saving that he could
throve liia w heit-alHints on S iturday and
r-anday ni-lits ; said that he staid all
r.ighloti V.'.liip.lay April iMth.atthe
house of Almham Thomas; on Thurs
day night April Si. at house of Marshall
Sollivan ; on Fri.lay night Siiih, with
Abiaham Thomas, on Saturday night
CTUi, with Abraham Thomas, ou Sunday
Jiilit, 2ith, with Mrs. Sullivan; be then
aid (hat the crowd might think it was
aranire be knew these people, but he
said hi object was to amst Ihem ; he
al. said that he bad IkHiht w hiskey for
these parties, on two difleivnt occasions,
the first gvilon for Maraliull uliivan; he
fsaij that he pmpos.l as.ngthe whiskey
for th- purise of making the arrest.
John l-cnti. Live- in Filklick town
Vip; know tiraut iVan;bad a conver
aation witii hiai hI.uI the robliery; be
said be knew some of the parties and
would take uirf.esures towards their ar
rest : we were tail ing ab'u! the matter in
t'ue family a!xut this time and some one
f the family inquired as to how he found
this out; be Mid that be knew some
thing of I he parties,and would find some
thing rti nc way or another ; some one
remarked that they would not tell him
their aecri'ts and lie replied that he had
kept st-trets for them before; I think he
knew the Suliivan boys; lw left my
house WeUnmlay mottling and the nest
time I saw hiiu was at Meyersdale after
tts arrerf; have knos a l.im since July,
3 S-o- left var house about S o'clock in
lh evenio cJ pr.l i Ub, with my other j
hired baud, but not isK-itiw a to- j
g. i'.er.
CKristian Liveng-oJ. Liv at Salis
bury ; know ra it Dean ; had a conver
sation wi;h him about the robbery: he
Mid me nam of what be ca!k-d the
Met'U lian.itow n gans; askl me if
Peter Fis. hi-r and J. W. lieachy did tv.!
have a great d.a.. of cash about tbein ; told
biru I d:d not know; thia cunvenution
was on the ?'.ih f March.
F;hn::ii Lngle. Know t .rant iH-.n ;
ba.1 some convrrxaiion with him a?ci:t
he roh'oery ; was talking to bim on Fas
ter Minday ; was talking at; i j ikiug with
him ; he sai l he w-iu.d wit me hi p-K'k-ett'.jk
fjr tiO: b t!ma oienel the
bock and I did not ee anything in it :
lie then -aid I will s-U it to you for 6 V
and o;iening it again showed me Some
bills and said "this is some of Vo.ier'4
money " ; I saw a i3 and f 10 bill but am
no sure as to any more.
W. J. FUher I Know irant en;
helped to arrest him at Joseph Sarage's,
in Fayette county, aboiu a mile from the
Hill House, on Monday morning follow-
. r.i I . I
nig me arresi oi we omrr pnir , . .......
a revolver on his person ; di 1 not have a
warrant.
John J. Tynold.-Live at Conflu
ence ; hail aconvensalion with Icrao about
the robbery ; he was in charge of Mr.
Woo linancey at the time ; he voluub-er-ed
to talk to me about the mstter ; told
me be knew the parties who committed
the robbery at Voder's and that he was
about getting np a party t) arrest them
but they werea liile too tiick for him.
Maixvilui Fike Knew Jere Thomas;
had no particular conversation with him
about the robtery ; did not bay anything !
about provisions ; met Illili on the road j
the la.-:t Mon lay in March ; he says to me j
"hold tip, I would like to have a little
talk with you"; hesaid, "you fellows are ,
a hell of a party set, coming up to my j
place looking for robbers and shooting j
through my house. If I find you or any j
other man in my lot looking after ro!j!ers I
I ill shoot him down like a dog." We j
had a little further conversation, and I
left him. j
Samuel Pullin Live at Summit Mills, j
a half mile from Voder's ; have butcher- j
ed for Voder ; recogui.rfl hauisshown in j
court aa b"longing to Voder owing to
peculiar cut which he exp'.ainel to tin! i
jurv ; the hams were ihe oik taken out
of sacks carried by Lew is and Tasker.
J. M. Mifler Live at Meyersdale, am a
merchant : have b?en buying sugar from
Yo.ler for the past 10 years; witness
identified piece of sugar taken from sack
at Augustine's house by mark he had
put on it at that time; aU hillitte! it
into mould us-d by Voder and was iirio
ly convinced that it was Voder's .sugar.
Ivk-ar Kyie. I live at Meycrs-!ale ; 1 h.-lj.-ed
to arrest these peoIem tiit. -;h of Apr.l,
on Sunday; I helped to arn.1 all nc.-pt
Ivan: we rent to the house almi! two
o'clock on Sun lay the L'sth of April and
arrested liecat u r Talker, V. 15. 11:11. Caa.
Iz-wis, Ja.-ks.in Sullivan ; the other vojng
man. Anderson, was arrested near by ; 1
didn't see him arrested; Msrifcad S-illivan
andTliomvs were arrested at 'B ss ' I);4n's ;
Anderson n arretted at the home of a man
hr the name of Fisber : we oranizl three
different sij ia Is to n out on d;t!"-re:il Mi 1
leading to d ff.reut houses inclose onius:- j
tion with Hills: one came in from the south ;
on Cie "It s" Ic-aii iiouse where we s;:p
pustsi Mar-hall Salli.an was an 1 the others
to eonii. in on the Hill house ; we came ta
or near Ihe Hid house and the s.piad
coniinc dj-n a'jove the haue a--r,i-s
was i
the
fence ; a rail broke and the loi: barked and
Hill and his wife came out of the house to
ee what the dogs were barking at : the
hoys wite pretty close to the house and they
covered him w ith their guns and told bim
to hold up his hun. Ii and come up, and he
walked up and then they surrounded the
house: Lewis, Tasker and Jack Sullivan
showed fight ; it appeared that way : t hey
got up on the loft of the hous.bat finally
the women prevailed on them and they
aurwsl to surrender ; they came out on the
m h and surrendered and were hanJi utr
ed ; the house is a story and a half, part log
and weal her-boardeJ ; in the first room,
called the kitchen was an old stove; in the
room back of that was au old bed and bu
reau and there was a bed on the thsir : there
were only two b.-ds in the house , a ham
laid on this bureau, partly cut np;tn the
hall-way running nearly eat wa a trap
door which they nisi as a cess-poi ; there
was a cellar to the house ; there was ti)
stairway l.-adinguplo the loft, simply holes
cut in the Moor and a ladder set up; in the
kitchen part was a place to g-t up o i the
loft by climbing up the logs ; the house as
very filthy; up stairs we found a gun with
hold hammers cocked and two shells in the
double barreled gun with twenty slus in
each shell, and a lot of lead-shot ; we found
up there three Smith and Wessen revolvers
and one was taken ofT one of the wm?n in
the house ; we found also a bundle of la l ies
hose; (hose shown) that bundle they hal
here to-day was got at the hause ; Peter Al
bright pulled them out from a shelf in the
kitchen; 1 didn't arrest A'.dersou; my men
arrested him near il irkleysburg ; a pair of
steel knuckles, a handy-billy and a .'kt
knife were fjund on him ; 1 hare the knick
lea in my pissession ; I didn't M the knife
myself but I saw the Keel knuckles 'and the
billy.
tVs-ex mill I'ion T.i?re w n a rubSish
room iu this bouse, on the first tl r : it was
not locked ; the door was standing oen
when I saw it : others were likely in before
I was ; there were old satchels and a .shI j
! se i:ig machine in then? : there was a lot of i
j old rubbish sr-attered all over tiie tl jor pro- j
j nirscnoii-iy ; the stis kinjrs and mittens were j
! f.und together in the kitchen ; Ihe people j
j didn't all live there: then- were not beds j
i enough for that number of jeople, unless t
they cohabit t.p:iher in some unlawful j
' way: 1 didn't recover any money iu this !
! bouse, or in this whole transaction : Thom- ;
! as was Maiid.m: in the road talking to hi bro
ther, and I said to them. " Take that man
along ;" that was at the Kill House.
Jl-Jirect. Dean's house is only five or
ten minutes walk from the Maryland and
Virginia line: Hill's is not so tar ; it ; right
I on ttie corner of three Slates.
be cro-s-exaniiiied Theie was a warrant
sworn out lor Charles J. Le-is and others ; 1
didn't have the warrant.
Pr. Fichtner. I live in Confluence and
was along when this arrest was made.
Witnesses details of the arrest aliout the
same as the last one).
Kdgar Kyle, recnileil. When I arrested
Tasker he said. " I wish we had fought till
we had died :" be said, "That's w hat we had
intended to do, but tbe women persuaded
us to surrender :" that remark was made
when I ordered hmi to be tiand-cnfl'ed to
Hill.
Tctir Albright I was along when the ar-
rests were ma.b ; I found (VCbrt; there
was one fifty-d.-iltar bill and two twrntv
dollar gold pieces; I found a fifty dollar
greenback a:id a twenty gold piece wrapped
up in a little rj; an I lied shut and it was
thrown I think by Sullivan to the laly they
called his sister, it was thrown no the p .vh
and Ilcesc picked it up and I demanded it
from bim and o-ened it in the presetiisp of
the crowd and I closed on it : I think that
belonged to Sullivan f then I found $1
mote on bis possession alter we had hi:o in
the lock-up ; it was a twenty dollar gold
piece; a ten dollar eT-eenliari. T found in
Hill's pirssession : I got from Sullivan ;
wlissu J arrested Hill and put the hand
cuffs on bim he wanted to pull away around
tbe garden fciu-e: I tol.1 hiiu to stop and be
said he would like to walk dowo along the
fcoiv, for there w as going to lie some rourl.
work, some shootini: or something ; be said
Ik- would like to get out of that, that there
was going to be some trouble ; I arrested
Sullivan at Ivan's bouse and when the
other crowd came tVy had Thomas; I vi
ed hira who be was and whether be wan oue
in .
l,f w tea U,r
ai.-l pr TM.iuu
i,. v - iii . 1 fj-. ..l t!. .K:k;iir
o:i a w attr"
ien,'ii i:i Vv Lil.-o--:i.
fr . . lami-.e-J U..!y oae twen
J l".ar
.'J i i. ra- Krjo-Ksi
:sj i:j ar.d ihKjwn !o
in I arrest Tlio:na; 1
i tiiti fl:!l lki-'. I
Sett S i!: in ; I
l:i 'r-t ..rati
i,.';.'j't oj.-n :! ilvir oi the rubliis'i room ;
h a lH-.-i la tiire; I think there
Wai a (loci, in there: I iii.la'1 arreit Auder
son : I or ) -re-2 hira to In: acrs;el; 3 think
I htt.i. -iifTe.1 Tker; lam sure I band
enifVs) lli.i ; I h bi t liear Taifcrr laaKe any
rt'-narks.
Pr. Fii-htaer r-ri"e-t.
Thoma. s.i'ol he I. n.i. ki:w wha' he was
Ui.:i: up f r : I a;.s, "Aiu'i you ii 1. r.s;i
in the luauer ' ' He slid tir.yai cook for
ttiem and iLst he hiJ done wjrk fr Ihem ;
I aid to h.n.. "I' d r y.i know 'hey wen?
rUe at the time?" l.aid ir didn't at
fir-t. but found it out afU-rwar.K but was
afraid.
K-S. McMillan This property has been
in my ua--;on a S.-ieriii eisK-e the luwr
ing; the nioiiey thai iiai placed in my keep
ing w;. d-jwited in bank, it may lie in the
bank ya ; I don't know that I have di.-po-edof
more than fi.' or ?I3; Mr. Holbert
had an opier for that ; the mon.y that was
gotten Irom NVit.e S.illivan. S:V, I pave
her w he.-i the was d:s har--ed ; there wxs a
fifty-dollar b.ll and 1 thinK a twenty-dollar
bill
Article identified by the witnesses were
now otfered and the Commonwealth rested.
Ilisirict Attorney a-kisl leave to enter a
node pnwjui to Thomas and Anderson,
and leave Was granted.
a. c. h oLinar orrs tin cask nBTn: ve-
fKMHK.
Mr. lIoirTt thin ..js-neil the case
f..r the deiec.ii.uits. .vitinr forth that
the del ;se si-: up w-Mild he an alihi as to
the .- iiiivans. i.ewi and Tasker, and a-ked
ihe Court lo instruct the jury that tliere was
no. u!5i.-ieul ev;d to is.uvic! Hui and
iH-an. This ttie ' .iin declined to do.
Jacob S. An k-rsoii. 1 live in Heary Clay
two . Faveue omiv; I am the uwner of
ihe Hiii ho;:se ; my h-.i.sine-s is tcai.iin?; I
as teaching iii i. minion-.1 last fall ; my
family renin. i-d Ir . in II. ll house after Nov.
ehclioli ; Win. H I! moved into it ; I gave
him tsissnsion lli.ill I rania back Oiain ; I
retained one room, locate 1 in the front of
the bouse: I didn't com.' back for alsmt
j three mouth-; I found things ali.rsght ; there
i are 1" acres of land attached to the house ; I
I was at the Hill house the ivk U-fire this
1 roh..try : things there were all right theu ; I
moved into the house since Hill moved
away tilings were nil in pretty bad order
j when I went im. k ; 1 never kept a cess jiool
I in the hall of the t.oiw, there was a board
j rai-sl iu tin- hull when I went hack, and ft
i vms very iiiii..-.uij:r. in thin-.
I Cross i-iainii aiion- I hid to ciejii the
house out when I cam-' back ; it must have
i lss n used as a p ivy ; lllli lived on t.ie I'ean
j farm wim M ir-ti Mihivau b-jfore he moved
into iny house.
j Mar.-hall Tu mi -is I live ill Preston Co.,
! W. Ya . and an. a wii.sil teacher ; know tiie I
; Hui House : 1 was i.i it a few minutes one
j evei.iiig w iit-n Hill oivupiel it; Jl was his
, regular uwei:il:g.
j Cross-ex. iiniiie.! I was tliere the evening
j before Christmas they ha I a party ihere ;
la-sis and Suiilian .were not there ; I don't
! know win) was there all the time; lam a
I hroiiier of Thun.us, one of the d-fendauls.
i Mary Hl'.l i!y me a-ii Hill lived in
! :hc h .use : ke;t no h urders. only Lewis ami
i-r,
how Dr. 1 '.chtner the war
to the c.-tlar.
i had no revolver on my i-erson when the
arrests were made.
John H.o 1 live in ll.kli.k township;
know Crant P. -an : know Sillie Knglc: the
nii;'it "f :he p't'Vry D -an was at my broth-
er s 1
he came tliere al. )'.;t o clock ;
I was tliere and he sent to ti.e ham with
me and and hie k to ihe h..use: he a as there
at 10 o ilo. k ; he dido I talk a':s"it any roh
Ury ; this was the iii.Lht .f '.lie robbery.
Saliie Fugle I live in Klklick township
with Henry ,-e! ; know Urunt Dean; on
the nintit of loth April he was at Henry
(ll's ; he was then-till morning; he was
with me: that wns Ihe night of the Voder
robbery ; J am his wife.
Crof-s exaininnliou We weie married at
Faster ; '.lay call lue .illie Fugle yet ; he
iame thi-re aU.ut S o'cI.h k ; he was not out
between 7 and 12. ,
Thomas 11 I Van I know Wm. Hill and
where he lived ; he livis in Anderson's
house; he wa- s.:ni-tiiiis employed by me;
I don't know whete be was on I Ith of April.
Thomas ll. Dean I know Win. Hill and
where be lives ; he lived in Anderson's
bouse ; be s as souieiinivs e:i,iuoyisl by me ;
I don't know where he was on tbe l'Jih of
April.
J. T. I'oihs kj 1 know the Milhvan Uiys
and Ta-ker ; I know Anderson. Hill and
(.rant IVan: oniliel.'ih of April Hill came
lo my hoiie sml stayed un'il the llih ; his
wife was with him ; noh sly else was at my
house with him : I Ks:n Marsh .Sullivan,
Jack Sullivan, Hen Sullivan and John Dins
more n the 1 I'll in tin- middle of the fore
nooti. somea In n ale mt 11 o'.-l.h k ; my wife
and I were out af:.-r grit-tis. and found them
drinking : 1 d.dn't say muea to tliem, lie
cause 1 ain't a drinking man ; I am step
father of Hill, and he came there to see bit
mot her ; he came tliere on Friday and stay
is! till Saturday : 1 am a brother-in-law to
the Siiliivans. and I am a brother-in-law to
Pinsmore ; I just spike to Ihem ; tiny were
carousing a iitlie, and I didn't stop long.
Cress eiauiiu.-iiiou It was alvout the mid
dle of the r..renin, ubout 11 o'clock we
went to Ihnstii ire's; we didn't stay more
than thr. or four minutes ; 1 don't know
iioa- far it is from the Hill House ; this was
near I'nionlown ; this was on Sunday ; my
wile wanted to stop and free her sisti r ; I
didn't take il rl ok. with them: we only
stayed a few iiiin'.it.-s ou account of there be
ittg thinking.
lie dir. ct 1 didn't !-ee Talker at that time;
fr mi Markieysl.'irg to where I live is about
IS miles.
John I)'urs:nore I lie neur Ilcason'a
work; know Jack and Marsh Sullivan;
on HHh of April 1 found them at my
house when I went home from town ;
Jack and Marsh were there; it was my
w ifc's birthday and we were celebrating
il ; I took Jos-'ph Paul, Mr. Gooiscwan
and Henry Sullivan along home that
night; Jack and Marsh slaved till Mon
day morning i:t my home; Monday was
the loth; I saw them on Wednesday at
their f.Uher's ; they stayed there til! Sun
day; Wednesday was the 17th; seen
Wm. Hill on the loili titid Pith ; he was
not' doing anything: Marsh and Jack
left on lvisti-r Sunday; Jack went with
-Marsh to hunt; their sister went along;
they went on horse-back and she went
in the hack.
Cross-examined. Reason' works, is
alsiut a mile and a half from I'nionlown ;
they are coke wot kg; I did work tliere
but don't now ; we had a gallon of liquor
when celebrating n.y wife's birthday;
kept op the drinking till Sunday night;
didn't inatk down how often 1 drrnk in
j t, . ,ra:ik often: was feeling pretty
full when I left town; Goosvinan and
Paul were pretty straight: the Siillivans
were there when we g)t home; I am
married to a S.-iliivan ; I don't know
how they came ; they stayed till Mon
day and went usay on one of Marsh's
horses and his lather's horse; I saw Pol
locks on Sun lay for u fe minntew : his
wife was with liiui; they stayed only a
few uiiuutcs; I a:n a coil han'er ; the
couianv was too lively for Pollocks and
his wife, I am not a regular dringing
man ; I drink but don't get anything out
of the road ; the gallon laled tiil Sim
ilar night bat they In I a ijnart ; I could
not tell w here my w ife W as now ; she w as
111 years old tlm lllth day of April; I
was born l.-i:h day of February, ol.in
West Virginia; in Whevlini.
Ue-.lire.-t I didn't see Tasker and his
wife together on tbe loth of April.
At G o'clock the Court adjourned until
SJO TharsJay rue-ruing.
';. i". "
liie-e ..-n
i.iti,.l KJ.-IS-i sfs.l,:3l.
A I too omuia ot il.e Court Tiiiivlse
m iming a motion for uew trial m the
ca of Clark H. KenforJ cunvictid of vio
lating the 1; pior law was prtee.ited by Mr.
B--n:'oriJ's counsel. The new tr.nl was askid
f..r (Mi l!ie ground that the vcniifM was against
!olh the law and the cvii.'nr in l!.e:i-e.
Tbe motion was hied and willbeargued aid
ilei-ideil bureafttr.
Tiie Court anuouueed fliat r.ig'ut sessions
would be held daring tbe remain-ier of the
werk.
The gMiid jury ignored the bills in the
cases of L. A. Morrison sad S. J. Kiiiger, and
placed tbe cos's on tbe prosecutors. These
were cross cises iu which e.ich pros'-ctito-
i bnr.'.t li. .rl,f.r with hsviii' sold l'c.uor I
without liceiife.
True bills were found ajaiust K n . Aaicn
Sell, formerly patir in charge of a church
at S'oyestown.on indictments rhargirg rape,
adultery and formation and bastardy. Miss
Susan Custer makes tbe infjrmation in all
t be cases.
In the case of Wm. II. Rayman, charged
with embezzlement, the grand jury ignored
tbe bill and decided that tbe prosecutor,
Charles Eicber, most pay tbe costs.
A true bill, on tbe charge of assault and
battery with intent to kill, was returned by
tbe grand jury against C. J. I.ewis, Jackson
P. Sullivan, Marshall Sullivan and D.catur
Tasker.
Tbe grand jury thought that there was
not evidence enough on which to find a true
bill in tbe case of the Commonwealth against
Ilurton Harrison, charged with rape, and
therefore ignored it.
The case of Commonwealth vs. C J. Lewis,
et al., was theu resumed.
Joseph Paul I live in Fayette county
about two iniies and a half from Fniou
town; and about half a mile from John
Diiismorc; I am a miner and am not re
lated 'o any of these psrties;! am not ac
quainted with John Pinsmore; I know
Jack and Marshall Sullivan ; 1 seen theru at
John Pinsmore's house on tbe evening of
the l.'.th of April last ; I came out with Peter
tiooscman ; it was Pinsmore's wife's birth
day and I went out w ith them and found
the SuUirans there; 1 stayed till something
after midnight.
Crossexamined Pinsmore a-ked me hi go
out ; I know the date by the account I read
in the paper; the paper came out on the
l"h ; it is a daily paper; I have known tiie
Suliivans a g-K. I while; I live close to the
1 leas. m's Works and close to Cj1 o.'ritig
Hollow.
Mr. Koontz here asked the witness if
Cool Spring Hollow was not the rendezvous
of the McCleliandtown gang for quite a
while before they changed to Markleysunrg ;
the question was strenuously objected lo but
the witness was directed to answer.
I wasn't psrt of the M.-C'lcllandtown gang ;
I don't know that Cool Spring Hollow was
their headquarters ; I heard of them, but can't
remember who they were said to be ; think
this same party was blamed ; I wasn't inti
mate willrthem; I am acquainted, that's all;
I didn't go on a spree with them; I didn't
know they were there tiil I went : we were
not very drunk ; Jack Sullivan, Marshall
Suilivan, John Pinsmore, Hen. Sullivan and
Mr. tinMemn wa-i there: ; (iooseman was
not blamed with being a member of the
gang; I don't think tiooseman and Hen.
Sullivan were blamed.
Ke-dituct I know Tasker; know nolhinir
about his whereabouts oil the I .'5th of April.
P. W. Goo-email I live near ISeason's
Works, Fayette county, about two miiis
from I'nionlown ; know Jack and Marshall
Sullivan: on Saturday the loth of April
Pinsmore came past and I went with hiiu
to I'nionlown ; be a-ked me lo come home
with bim; said they would have a little
party as it was Ins wife s birth-day ; we
started ahj'.il 8 o'clock: Hen. Sullivuu and
Joe Paul and us all went out together: the
Sullivaus were ther." when we got tliere;
I liv the date by John telling me it was his
wife' birthday and Ve would go eat and
have a little fun ; we seen in the pierlhe
first of the week about the McClellaii.ltown
gang being at Yoder's;it was supposed to
be that gang : I don't know anything about
Pecalur Tanker at the time; he bad left
home some time before.
Cross-examined I aiuTasker's s ep-.'ath-ei
; it seems it was talked that the portion
that are here, some of them, were the
McCiellandlow n gang ; Tasker had lived right
close to me , tbe Sullivaus are set-out! cousins
of mine : I am nut related to L.-wis ; t am ac
quainted with Hill ; be was over there; he
came on the Uih ; I am well acquainted
with Mrs. Hill; wj wjre drinking t jet her
ou the cars coming over ; and Paul and me
bail liltle liquor; bad right nice time at Pins
more's that night ; I live half a mile from
Cool Spring Hollw : only lately I heard that
was headquarters of the McClellaudtow ll
gang: it was iu the papers ; I know it was
the loth by my working at that timeon ttie
road and yetting down the time.
Henry Sullivan I live in Fayette county,
near I'uiontown; I know Jack and Marshall
Sullivan ; I work at Fniantown and board
out al ll.'Aon" e Works ; I came out there on
Saturday and stayed over Sunday : I went
home on the llllh and came across Peter
Uoosenun, Joseph Paul and John Sullivan;
on the road John said it was his wife's birth
day ; 1 was j'ist going out to m? father's and
thdn'i intend going further; he told me that
and I went up to his house with tbe boys;
that was Saturday, the 13th of April ; when
I w ent up to Pinsmore's I found Jack and
Marshall Sullivan Ihere, and the fart that I
hadn't seen Jack fir some time before is the
reason I mognize ihe day: I saw Win Hill
on Sunday but didn't see Tasker.
Cross examined. I am brother of these
defendants; my father lives at Hcason's
Works : Marsh Sullivan lives near Marklcys
burg ; Jack lives near where my faihrr lives;
Murkieysburg is eightten or twenty miles
from there; we were drinking in Fmon
own; 1 staid at Pimmore's till Monday
evening and was with Jack and Marshall
uil the trine; Diiisiuore is a brother in-law of
mine; he's manual to my sister; J am learn
ing the mutildii g trade; know nothing
about the MiClcllandtown gang ; I beard ul
the gang, but 1 didn't know who they were ;
I have heard these arlit-3 named as being
the ones ; J was named myself at first as tie
longing to the gang; I was arrested once ;
an old man hired us to rob bim and paid us
for it ; lie hired us to rob himself and paid
us for the job, but begot the boodle; be
paid 11-s.JiM each ; he was supposed to have
J7o0 of tbe company's money and he was
fiavmaster; i was sent to the penitentiary
fur it for si years and a half.
den. Koontz asked the witness who was
arrested with bim. but the defense objected
and the question was not pressed. It trans
pired afterwards that it was his brother
Jaik, one of ihe defentauts.
He-direct I was 17 years old when sent to
the penitentiaiy.
H J. Engle I live in Elklick township
and know Grant Dean.
(At this point. Ceneral Koontz slated that
the Commonwealth deemed it unnecessary
to undertake to prove an alibi as lo liruiit
IVan and Wm. Hill because the theory of
the Commonwealth is that they were only
accessories before the fact and must necessa
rily have been absent
I know Grant Dean; on tbe 15th of April
be was at Ileiuy Opel's; I couldn't tell ynu
w hat time be got there ; he left me cl.-se to
St. Paul's church: he told me be was going
to Opel's ; ohjected to.
I know his reputation lor honesty; it was
good before this occurred.
j Cross examined I don t know of my own
knowledge thst he was at Opel's; known
him over two years; heard a great many
speak alsjut him since the trial and before ;
I lived within about a half mile of him ; he
is married to my neice ; his lady . told me
they wen married: St. Paul's church is
about two miles from Voder's. 1
John Lend recalled I know the neigh- j
borbood in which Grant Pean lived : be
lived with me the greater part of tbe lime;
I uever heard anything agiinst him.
Cross-examination He was in my employ
andjvas true to my trusts; others asked me
about him; heard no one talk aboat him
before this occurred.
John iipe! was- n-eai:ei as toilraiH Iran's
rep Hatiou and testith-J thai it wns good.
Thomas fhs-se I live at Mevcrs.la'.? ; I
run a iisi mine; know Dwn since Mar.-h ;
don't know inieh ah.ni: him ; never heard
an thing Si-airist him before this.
David F ilter I live in Htkock township
and a;n a Justic? of tbePaace; seen Grant
IVan fnqucntiy; didn't know bim t;il
March; tierer hitard onvtbtng agnt bim.
J. 15. I'-'ttn, recailed. Tiia r muituiity
in which I knew tirant De is about
Mirkk-ysl-urg ; m far as I know his re
ptU.Uion is good ; iis ia no relation to uic,
only my father rawed h:tn. -
J. II. Ua-nlra.recalle.l. I live near
MaJk'iiy.sb.irg ; kno fl.-ant Doua sim.tr
we were bvs; bis reputation U good.
T. J. Logic, recalled. Testified that
Grant I'can's reputation was good.
M. W. Fike, recalled. Said Grant
Tjean's reputation f r honestr was good.
S. M. tilisaon. Live in Henry Clay
township, four miles from Markleysbarg ;
know Grant P:-Ui ; his rcputatitn for
honesty is good.
Tbe Conrt here remindesl counsel for
the defense that an alit as to Ftean and
Hill would 1 useless, they only being
held as accessories and of necessity must
have been absent from the scene of the
crime at the time it was committed.
Jackson P. Sullivan, one of the defend
ants. I live near .Season' Works, Fay
ette county : I know Wm. Hill ; he lives
twenty-live miles from ISeason'a Works;
on the night of the I"th of April, I was
at John Dinstnore'g; I fit the time be
cause I know it was my Bister's birthtlay ;
Pinsmore is married to ray sister ; I stay
e l there from Saturday evening till Mon
ilaj Morning, the loin of April; then I
went over tbe mountain with my bro
ther to go hunting; I saw Hill on tbe
Hth, r.t my father's house, near Benson's
Works ; we went to Murs'i Sullivan's on
Mouday, April loth, and stayed there, I
think, tiil i'hursday; then we came back
over the mountain again to' my folks ; we
came over in a buggy ; Mai ih wanted to
get a bouse; I know absolutely nothing
alsiut the Voder robbery, more than
I have read ; I ne-cr saw Ihe goods paid
to iiavc been taken, except when I saw
them here in court.
Cross examined. I don't live w ith my
father, but live a couple hundred yards
east of him ; went lo Pinsmore's on after
noon of the Ultii ; w ent over the mount
ain on the loth ; had no previous ar
rangi tnent to g ; Hill is uiy nephew;
Goosemati is not my uncle as I know of;
I was over at Hill's hunting; had my
hounds w ith me ; wasn't on the loft ; the
do.ir was not ltx-ked ; there wero no re
volvers found on me ; I don't know that
there were any in the house; I had a
ftiw!ing-pii"a there; there was no gun
with Isith hammers tip ; my gun was set
ting in the room ; I brought it there to
hit tit foxes.
Ileason's Works is near the place call
ed Cool Spring Hollow; I don't know
that that is the place where the M.-Clel-landlow
n gang st.qi-el ; I heard of the
gang through the papetrg; I heard I was
connected with it, but yon can see most
anything in the papers; I don't know
that Hill's house was another headquart
ers of tiie gang: I b..lieve I did set; some
thing to that effect in the papers ; Char
ley Leis, Peeatur Tasker, Hill and my
self were at Hill's on the Sunday we
were arrested ; Mrs. Hill, my sister, and
a lady by the name of Miss ,'feals, who
was on a visit ; my sister !was also there
una visit ; they weren't tliere cojking
when we were arrestoj ; I had no revol
ver on my person; 1 had a revolver
there ; I don't know w here it was, I laid
it on shelf w hen I went there; there was
not a door locked or threat made' ; Tas
ker didn't say he was sorry we hadn't
fought ; I have been arrested before ; it
was in May or June, 1SS1, in Fayette Co.,
for robbery ; 1 was convicted and sent to
Riverside Penitentiary; we served six
years and a half tliere; I wasn't arrested
in. West Virginia ; they didn't try to arrest
me there; never got anything at Voder's
and know nothing al-otit it; never pas
Fed through ILiruedsville for the lust
fifteen years to the liest of my know
ledge; I went South after I got out of
the Peiictentiiirj- to Alabama jcouie back
to Cincinnati and went into saloon bti-s-incss
then went to Michigan: was in
the broom making business two or three
weeks there; went to Chicago then, to
see the place; st eyed only couple of days;
then came home to Fayette county last
fall ; have not been doing much of any
thing since, except hunting s little.
J. M. Sullivan, another of ihe tiefenduiils,
and generally called Marsh, was then sworn.
He said I live in Henry Clay township,
Fayrlle county ; I knoar Wm. Hill; I know
he was over on the other side of the moun
tain on a vi-it ; lie hired a burs.1 and btcgy
of me on the licit ; I was at John Pins
more's on the l.t:h of April ; Jackson Sulli
van was there t.v; it was my sister's birth
day ; stayed there ti'l Mon.l iy ; I know
nothing about the Voder robls'ry or the
gKKls, only what I saw in the pajsT; know
nothing alKiut the money or anything at his
house; never saw bis house or hitn eitiier
till 1 saw him here at Somerset.
Cross-examined I moved where I live
now last tail; li.ii nuved over to Markleys
burg last fall; he is a neglhew of mine;
didn't arrange to move there toeethcr; Ihe
houses are aUtut a quarter of a mile apart:
I was at my own house w hen arrested ; I
went away in a buggy: I came over the
mountain ou the loth ; didn't irn away from
home on the night of the l i!i in a bngy ;
Ik-an lives in the same house I live in; it
was on Thursday the 18th I went away; it
was after dark ; it was not midnight; I was
not at Fii'le's antl asked for bread ami but
ter; I didn'l see K-tgie at Meyersdale before
the Squire ; I didn't see Miss Fugle; I was
arrested about la or IS years ao in this
county for assault and bitter; tbe sen
tencc was H m-inlhs hi jail ; I didn't quite
serve out my time ; I didn't break jail ; 1
crauicd out of a hole.
The witness was bere a-ke-l testate who
made the hole, hut he docliued, and the
question was not pressed.
I don't know anything about Ihe McCIei
lamltown gang; I was never charged with
belonging to it in my own county ; Hill's
house was not my headquarters ; I saw
Lewis and Tasker there once or twice ; I
wasn't in the habit of g ling there, but have
been there; 1 got out of jail twice here but
didn't break out either time ; I went out
through a hole the s-jcoud lime too; I was
in both times for the same off jnse; Ihe Fay
ette ciunty authorities were not after me to
arreslme; the niht they were over after
Lewis they were at my house ; they said
they were after Charley Lexis.
Mr. Holbert of counsel for the defense
here ollere 1 tha reeorj to show that when
Marsh Sullivan was indicted for j-s.il break
inn, at the time referred to in his testimony,
the erand jury ignored the bill aminst him.
Wm. Hill, one of the defendants I live
near Markleysburg in Henry Clay township;
Jacob Anderson owns the property ; I rent
ed it as a dwelling; moved in shortly after
the fall election ; stayed till arrested ; I know
I-wis and Ta-ker; ihey were thereat my
house over night ; Ihey staid one two or
three dan. paid for what they got and went
away; the secontl time they came they al
lowed to go. away on Monday and Iben
these parties came on Sunday and arrested
them and me too; on the 13th of April I
w as at my m thr'sat Beason's works ; re
turned on Sunday ; the Suliivans are my
uncles; know nothing about those goods
shown here ; never saw the stockings ; they .
had fetched satchels and I suppisrd they
were their clothes ; 1 aai a member of the
Punkard rhurcb.
Cross-examined Lewis lived in Fiiion
town and Takr live! on Brady's farm ; I
worked with them in the mines some lima
ago ; they stayed the erst time 3 days at my I
hou-e. noie-dy wa huntln for them tiwn :
tiie Sheriff of Fajeite comity didn't come
there after me and them ; I was r-ot charged
with any oif-w ; Jack 5 il;vu wasn t at
my house when the S ieriif of Fayette
county w Uire; the Sher-fT wasn't there
watchitv? my h-iseti my knowledge ; Ja':k
S'litiTjn, Tasker n-l LswU weren't staying
there ; when Ihey were thfre they were cut
of the bouse and a-jund the fields where I
was working. They talked awbilj and sa:d
Ihey were going to Pavis City, and stopped
there to rest up; tl.ey we-e going to g C.h
ing and bunting and then were going away ;
tliey were ali going fishing; they were there
three or four days a. -fore they were arrested ;
I d-.in'l kiiox their ti-hing was done m istly
m-:h revolvers and sh xg'i u: there ware
three revolvers there llial didu t b Jong to
me; I was out iu tbe wo I yard whei tbey
arrvstcd me; I don't know which one
brought the bundle with the s.o fciiits ; I
wss not at the house when they came ;
was there when Jack came; my wife wis at
borne when they c ime; I came b ick on the
H;h; I was arrested somewhere towards the
last of tbe week; I had Marsh Sullivan's
horse and b-.igity : these men made no re
sistance that I saw ; I don't know they were
up stairs; when my Wife and I were p it un
der arrest I said we would walk away for
fear some of these men would shoot.
The witness wis cross eiam'ned further
but jiersisted in his denial of all knowledge
of tbe robbery. He admitted, however, that
be was arrested in I'nionlown for getting
drunk.
Grant Pean sworn I li7ed formerly in
Fayette County ; within the last year I re
sided in Somerset County ; I lived with John
Lenta on the 1,1th of April. 1 don't remem
ber whether I wot k id or not ; on the night
oftliel l.h I w tit smi my wife a: Henry
1 Opel's; g.it there a'aitit S o'clink; I a' as ar
rested at Jos-qih Savage's in Fayette County;
when in Fayette County I nude, my home
with Marsh Sullivan; I know not!iit.; ah mt
the Voder rubbery only what I read and
talked to people ; O.u S and ay morning after
tlm Voder mbliery I went to St. Paul's
Church and saw this young la Iv an I asked
her if she knew of folks g.iing aler the rob
bers; she asked me why 1 didn't go and 1
said tin y wire hs flip for me.
In ri-gard to the testimony nf F.:irai:n
Hindi', a w it.-iess for the Commonwealth, ex
aminci tstenhiy, the witnesss said he was
j ikiiur whe:i he sail, "Tins is soti)'? of Yo-
der's moniy.''
j I went to Farct:e County because I hadn't
i been there since the election. I loaned a
J man jit) up there ; he was to send it lo me
. and didn't and I went up to g-H this money
j andatten 1 lo 3.1111- other b.isin 'ss.
j Cross-examined. Win n I was with Marsh
Sullivan he lived in Il.iss Dean s house ;
I Marsh married a daughter of the man that
raised me. I hadn't been there for a good
I while; at tint time Hill ha In t wen, to
housekeeping ; knew Fisher; never sir
Iewis but once before; I never asked Mr.
Livengood whether John Peachy or Peter
Hay had any money ; I. 'vengood is mistaken
about that.
This witness was rrtiss examined some
what further, but nothing imjMirtant was
eliciied. after which the ilefense announced
that iheir case was closed.
The Commonwealth stated that they were
willing to allow a nolU jtr in case nf Grant
p.-an and a motion lo that effe--t was tiled
with the court by th- Plstriet Attorney.
Aft-r some discussion a motion for a n'.'t in-ts
was also tiled in Ihe rase of Wm. 1!. Hill
with lite imd'-rslauilini; that he lie Ise.intl
j over lo apfs-ar either in Soniert or Fayette
j Counties as receiver of stoien ir-sels. The
1 Court allowed a n-jtle yr as iu i-a-se of Grant
J Pean and liouud Wm. II. Hl.'i over in the
J sum of il.uoo for bis aps-arance at the next
term of the Court of Cl larler Sessions to
answer the charge of receiving stolen goods.
ARoi at.vr or en nsi-.l.
The Pistrict Attorney. F. W. Itiese.-k.-r,
opened the argument for prosecution, by
first detailing tbe cin.-unistances of the rob
bery. The evidence was then all review
ed, showing in his estimation that it fastens
Ihe crime on the accused. He said we
have shown by uncontradicted testimony
that the accuse 1 psrlies were in the County
on ami about the Volar settlement, going
from place to plai-e, and making smrgestive
inquiries as to rich farmers. They were not
working anywhere, or seeking employment.
We have, also, proven that they were
in the County on day of rubliery. Also,
they were identified by Stevanus. F.Ua I'.aker
and Miss Wilbeim who wereat Mr. Voder's,
and who were tied by them. After tiie rob
bery we have shown that they were going
out of 1'ie Ojauty tow iris Fayette County,
ami were arrested with the stolen pro;erty
111 I ueir (urssessioil. J ills -u.. nraiiy firo.eti
by such witnesses a- the three Hanna' s. and
other reputable men of the County. The
attempt to prove an alibi by immediate re
lations au 1 jil birds wis. as the jury well
knew, a m.-st miserable failure. Cnderall
the circumstances we do not doubt thst
your verdict, gentlemen of the jury, will be
guilty in form and manner as indicted.
John II. Fhl, for the defense, relerred to
Ihe gravity of ihe charge showing the pen
alty involved if conviction follows. He said
in substance that the prosecution failed to
identify clearly any of theaccused. Only a
few of the witnesses said tin y i-asr either of
the Suliivans in Somerset County, and they
were not positive in their assertions. We
contend tiiat they have not pnweti the pres
ence .if either Ja-k or Marsh Sullivan iu the
County. All we ask is a verdict in accor
damx trith the sworn testimony.
We have proven by good witnesses that
lioth Sullivaus were over iu the region of
Vniontown 011 the day of the robbery and
on several days after this. How could
tln-sc7orS witnesses be mistaken, or is it
sssihle that they have perjured themselves.
These witnesses ewear positively that both
the Suliivans wi re at the birthday party at
IKmsmorc's in Fayette County ori. the l.".:h
of April, the day Mr. Voder was so fearfully
abused and robbed.
The argument found. d on the fact thai
the Suliivans had been in prison, ought to
have 110 weight. They gave testimony like
honest men, and do not they look like truth
ful witnis.srs.
Court Adjourned.
Court convened promptly at 2 o'clock:
and fitir prisoners only, via. Lewis, Tasker,
and tin two S.illivan s were mar-haled ill
by ihe SherifT, the others having been dis
charged. -V. C. Hoibcrt, Fsq , one of defendant's
counsel, addressed the jury in substance as
follows :
We don't tl. tivtliut a rohlsrry was com
mitted at Voder's house, nor are we here to
ray a word in palliation of the crime; but
are here to deny that these four men, nor
oncof ttit-m bad anything to do with it.
The jury must divest their minds from all
prejudices and form an opinion on the evi
dence oift-red.
Certain principles to be kept in view, viz.
Kvery man is presumed to be innocent
until found guilty ; the prosecution must
make out the guilt of the accused, ami show
that none other tiian they could have com
mitted the robbery ; that the prisoners must
have the benefit of reasonable doubts. What
is a reasonable doubt? Many deli nations.
Hut take this, if you were particularly con
necled with tbe prisoners a doubt would
lead you to acquit. So you ought to view
your sluty in this case,
Four men are weeded out, anil only f nir
are before you ; Stevanus tries lo identify
them, and having seen the men often, final
ly, through prejudice thought they might be
Ihe men. E.la Baker identifl ts Lewis and
Tasker, by having seen them before ; could
not others have been mistaken for them.
Mr. Yoiler, with good eyesight could not
say these were the men who so brutally
abused and robbed bim. Again, none of the
money was found and identified, and the
fact that a few dollars were found in the -session
of one of tbe Suliivans was no evi
deuce, as any young man could easily make
a little money. Tiie prisoners were not
identified by any peculiar mark about them;
the witnesses only saying we know them be
cause we know them; it is like saying the
cow crossed the road because she crossed it;
the Commonwealth has provwl loo much.
Uaniia's and McCiintock'a testimony don't
mix more than oil and water; what becomes j
f t t-e shaifow tt the -iiS-le thehliUr SK.ke
oi". Ti.e "I. ri eirryii lt-.fs, se--ii by iii-u.
j wratijl .rther kind .'!' inn '-'mi '' " 'h
j srr.lssl I..- llaoea. Four men i svl over to
! Ktkil'-s only two renini!. ,nHt r,e-
t-ameiif t.,e rstoer two The l'.Tll:i!-cie-e.sitl j
only b.-ic.-s tt bar-k. I. -wis a::d Tasker.
Where were the S'lllirany' We l.tiie alrr-a-'y
proved that Ihey were over a'-i 'tl 1'ni.iii
town, thus pmviim an alihi. You would
prove where yon were at aov certain time i
s. ,i, fr,..-, 1. .i.i, -,.. e.-,o m
Suliivans proreJ j:is they w-re ou the
Uth of April -. a tber-in iaw, Pinsmore.
Prosecutors try to prej:n!;ce the case ly
sir-ii- irlo ycur ears tl e I : .M 'Is t-f tl e
Met'teilioioiown .uiir. J--e Paul, nn-1 I'c'er
G k.srman s.r..re iii: S i'-iivan's wre Mt
pinsmore s at Hie nfni ra.-ued. -s IVles-ksa
broiher-in law swore.
Both Sullivaus, sr. 1 their brother Hemy
test i lie. I to sa n evt, J i'k S I'liva i i i.-.r-eenit-d
here, with no q,p,rl!!u.tv of con
sulting with other, telisa s'laight-f. rward
story. No evidence of collusion.
Pistrict Attorney most unfairly tried to
prejudice you by savin- if you believe the
theory of an alibi, you are doing injustiie
lo the Somerset dutch, it was the roost un
fair rising he ever beard.
Po not your eonscienres tell you there are
grave-doubts of the guilt of any one of these
prisoners.
F. J. Kooser. for eonimon wealth said
among other things : Hear with me only a
little while g ntlemen of the jury. I will
not weary you.
The ca'e is greatly simplified by having
only four men before yon. Let me iiist de
fine what a burglary is. We have traced
what was stolen into the hands of all four
of the men. Prove.! that four villains, cow
ards, entered into Voder's h-ius-e. Pi-hi't
know what would be the liatureof their dt-
j f 'use, didn't know but what the di lc
'would i Lewis' favorite heart disease.
As in the famous U.iplel-Pickwick case
they have tried old man's IV filer's tit'-:'
theory.
We con dn't gi t bold of the nior.cy as ti.e
cciunsel on the otl.ir side tis-k care to
- 1 f , 1 , 1 i c .
it I' haw f.einil 1 l..in isiminioriliisinipsi.
Cuntv. -iii.- overt., K'khck. sis'iidlnvr
time there. The Kns'es so testifv. as well as
sime others. I-wis and Ta;ker had been at
the house a wis k before, and knew about
how to enter l.y the two doors. They bad
asked ais.ut rich op!e.
or. tiie titii ot .itil jlars-i.ttl culavan lelt
j home and was away tip to ti.e 14th. And
" ? f """t1"'"'"
dun iidinn e ... 10 , micni .s'ti e: mi oil in .
Tissue 31. d Wright two witniss-cg saw atid
ideiitilitsl theni by the blue necktie and the
big collar. They wi rc seen to lie moving in
the direction of Yod.-r's. P.-ith Mr. F.ngle
and his datiithter saw Marshal Sullivan wLen
within a mile of Cliri-liiin Voder.
As to the crime itself language fails lo
i des-erilie it. 0-i!v brutes and cowards are
equal to such a di ed. And here they sit
Sieiannus saw them there for four hours.
He had the best of opjKirt unity to see and
remember them. Likewise F.Ua Iiaker,
... '
rcci'tfinzed tiiem.
Lewis and Tasker were arn-st ed by Hanna
ami others. Where were the Suliivans?
Too weli known to le prominent antl there
fore they elude public oh-ervation.
We trace them to their rendezvous near
Markleysburg. ah. I find thitn in p:ises;n
of Yosler's g.ssls.
As to the uiibi. Frothcr-in-law Poliark.
j ui4 sts-pfather Pin-more ha-1 much to say
alsmt .-riei'ratiiig Pinsin ire's wife's birth-
d;.y with a g-i-l deal of wliishy, tes.ser.iau
and Paul were there.
Tt.,n. S.,111.- I..., . r ,i ..
... . " i - . . I '' 1,1
nnoi .messes;, euiii iteo i.a. ,ni coiiinnie.1
.. ...i i . .:.!. i i .i . . r ... " . i :
six and one-half years imprisonment in -?ni-
r teutiary for it.
As to Jack Sullivan, he has not done one
honest .lay's work sini-e out of the wniten
tiary, but floated lo Alabama, to Cincinnati,
to Michigan, to Petmit, then to Markh ys
burgand over here into Kiklick township .
living how ?
We ask in the name of all we hold d-ar
that you render a verdict of guilty.
A. C. Holbert Esq., said he wished to say !
I,b ,l!il n.ti sM.ivn l,a ,iirf 4 u, 1.,.. '
prisoners. Mr. Koomt replied that he did
not say the counsel look the id'iitisal
mor.ey.
The Judiiesaid it was an error to fake the
money and place it so as not lo be identi
fied. JflMiE kirk's ciiakhe.
fj-nil-an 14 of list Jury: Whether the
prisoners at the bar are or are not of the
" M'-C'lellandtown gang" should not af
fect your finding in the issue you are
now trying. The prisoners at the bar
stand hitiietctl forthe otfense of burglary.
Tiie indictment charges tiie oUcnse as !
Imrglarv. j
Burglary is the breaking and entering
into the dwelling house of nnother w ith
the intent to commit a felony therein.
Tbe statute prevailing in Pennsylvania
provides as follows :
If any penwn shall, by night, wilfully
ami maliciously, break or enter into the
State capitol, or other public building
l-elonging to the Commonwealth, or to
any city or county thereof, or to any body
corporate, society or asssvialion, or into
any church, meeting house or ilweliing
house, or out house parcel of said dwel-i
. .
""V ' .' K'"'
steal, or commit a rape, or any felonv
whatever, whether the felonious intent,1
i lie executed or not, the person so offend-
.. , . . , ,
uig shall, on t'utivictiun, bo a.ljii.igeil
., . , Jr.
guilty of felonious burglary, and be sen-
, ,
teuced to pav a line not exceeding one
...; , .
tliotisanil dollars, and to undergo an i n-
prisonment, by sepante and solitary con-
tineineut at labor, not exceeding ten !
years,
So much has been Siii.l of iiie enormity
of the otfense charged ; and of the ne
cessity that a jury should, carefully s-ou-si.ler
all the evidence in the case, and
should, after receiving the law from the
Court, fairly, impartially, and without
prejudice or pasion, an 1 without any
influence from outside sentiment w hat
ever, decide the issue on the evidence.
The issue is the guilt or innocence of
the prisoner ; keep this in mind, and
thrust aside all ftdiug that may hive
been incited in your breast on first
bearing of this great offense. Know no
county or township lines; Look at the
prisoner as men try Ihem as men
and. decide honestly and justly, on the !
evidence, belween the C'onunoiiwealth
and the prisonon.
lat no other crime that have been
committed in this county have any ef
fect upon your minds in rlntUng a ver
dict. Try tbe prisoners on thr charge
contained in the indictment; and on that
alone.
liive all the evidence due considera
tion go where the evidence of credible
witnesses leads you; whether it lead to
guilt cr innocence; and lie not swayed
from the right and from duty by sym
pathy or by preja lice, or a feeling of re
venge. THE Cvii,LiF.
The evidence, if believed bv the jury.
shows that certain persons, on the night
oftheilay of the Llth of April, ls broke j
. . . v - "
ami entere"! the dwelling house of C'iirL
tian Voder, one of the good farmers of
thi county, and there committed a felo
ny. The oifcnsi tliere cotnniitted was,
iiconling to the dclinition ami statute
just given you,
nt itfit.AUV.
Who committed the olTeiise. is I lie
question for Ihe jury. The burden nf
showing that an offense was com uitted,
anil who committed if, lies uion the
Commonwealth, who90 duty it is to
estab'ished it, by proof that satisfies! yon
of the guiit of the ai-cosed parties beyond
area.-ona!)letloubt; for it w a first princi
pal of criminal Uw, that everybody is
f any
I provr
;! rsv 11,1:1 t;,e C oui- 1
.-roil . Ti.e C mj.iiO'i-
1 wealth in lis 1 Jl.tt ! prove iiit. i.iils j
.,.t -.war.':, t-rlU.- t j
ih t'rtiri.Ti t
1 ,
C Intra-: irv
i. li t the f -i.it.y c-iaitiii.ted
as) t'i.-.-o. .1.1 itt-iiati of .Mr.
;l--.g. it is ;nl iiesres's try t
s one .Vir.J v,
Y-xh-r's del:.
ileUl! 'o v-i'i tic
Dia:.i:.'ra td the ..T'V :!v
of the act. The g 1...J-S t.tcre sioh-n, lie
! savs, Hcru a j ut i -l .dr. 1 ctcr-, s.s.i
'-' liaicer.'. .-a,; tha; s 'i'ic su
BakerV. .-a,"; tha; s 'i'ic su.'ar,
bams, c-'icstiicts. ?t . j.ii!!.i- s.i
Sai-ke jewe-Iry Mil a -.:.. ion, to.
1 before Lie bui gla-y, w-re tutssing aft
wards. He ttvti.ie-1 bor ;.:i. br wuc
H
... 1
I how ;t:ld by
ir.ii it. s of t!u
'i'lrTai.es to i
he an 1 t;i
w.-ro UeJ. Ii
. '.ciSc-
nti.V
certain of the del'cn laiit-- aspirtirs d.
r,z. t!;? Kit : he ,.:ts -.ut L-ivls as t...?
mas who tit-I Liia ; tii.it h'j.-a.v hisfn-!-.
As to Tasker, he ja-'g --s fruui si.e I
voice ; savs he vi eves t-f one he 1:0
says was Marsh S.tliivan, an 1 si the
upper part ci" !.. fa.A u-ve the uva-
Ucllc
Fliea iiaker, a'- za inruale of Mr. Yo-
der's dwelling at tic' ti.ue of tiie rvb'str-
ry says the st.a-kin.'s that were in evi-
j t'e-rie-.
h.ms
.and wiiien were fjtin l 111 tue
wncre the arn-st a-- made lire
' her s, :ind wt-ro tak ,-n at the tiaie of the
btirolsrv she. r-.i.'s o-.n I.eiiis an.i Jai-it
Salitvau a.s to i f the parties and says
she tould not tiieii see the face of tins
otiiers. She U'stifU- tha! a Week before
the burglary L"is and Tasker were al
Yuder's ati-1 g- t tiieif s-tpp-r, and she
ais.Jf-tat.-s the kind of property tak n.
Chrlsti..!! Vo.l..-r, the old getitl.-ui.ui
whoKS t1'el!ing was ltiig!.ir::u.i, gi.es an
amiuiit of his loss an-i the manner of
tiie etitr-iiiei' into liis d-,ieil.ng and the
crtieliii-s inlli. ted upon hiiu, but d.-a't
ut!:ierta-.e to i.!e:.t::V any mn-. ile
ste.tes bow. 1-y cruel tn almettt he be-
came uueot.sci 'tts, and is hence unable
to say how Ihey appear.' !.
Faiioie Wiihetui s'.;lit4.'itialiV eorr
t rates the st-ite.iieut.s o: S'.e.a ills Mi.si ;
i
I ''alter and Mr. Y mier as to ihe burglar.-
! 3U'- '''e "'aunt-r iu h.eh it w as .lone.
I Anna L.i'ie, early in Apr:; prei-esliili
! t!ie hmglary r-stys Le.v.sati.1 T.isser caoie
j to hc-r father's lor apples, etc., and says
I that on the day of t.'.u Voder robbery a
: nia:i i-HiiH' and usi;e I to bi'.y a, ioat of'
j bread and some butter; she undertake j
! to poii.t o-it the ma,, as Mar-hall S .t-
van, a pruotier on trial.
11. V. M.iiist ?ays he saw men w'lom he
points out a.i Lfwis and Tasker, a;. 1 who
naotli April li'.ia:e snpiser w ith bitu at
Christian Voder's.
C.eo. Kubright say on lilh April ls. !
he passed t.vo men. whom he r.ow jsiinus ;
out as Lewis and Tasker on tlitir way to ,
Meyers-dale.
Win. Brown foti-.i l two ncn on Win. ;
Meyer's h.-iy mow the Saturday prco'd- j
in the robberry. '
Thos. I!. IVan, of Fayctle county, says j
he lives in the sauie iiotisi' with Marsiiall i
Suliiiati, and that he. Sullivan, was from I
home from April 1 1th to loth.
John Dav.s says be saw four men in
tu.rs
of two, p.isitu' sonic ilistance ap-i'l
on L'l
in .::.
I .1 .,n-.i oi; eiii ii ti.-o roa : g jiii-;
iiecticn, an 1 on loth, of Aprii
j strt- nieu -oin
:i oi-p .site direction
carryit.g -silks, and points-. u! .w is anJ
Tasker as t:;e un-n, p.issiiig both w:-ys.
A. C-Hig'-t'ttour, saw 4 in, :i in i :iir. pass
in Addis., u
-.'. ii..,; :i, tw . of w ii i in he
. . ...
i lj.::C- o ;t s L."V is and ,-er.
Mr. Ti.'-siie, on ltn Apr.l, sf.v fju
uteu c"cii. iin. I take cross cut over iu'l
one of w h.-. u lo .k like 1. "A is : o:ie !:k-.'
Ja.-k Sullivan.
Howard V fiithi on 1J h of April j.iw
I live strari; rs, .,iir nl Hi :u. Ill pair: one
i some i.s'.iu i i'i r. ar, pi.ssing thritih
I Haro. -.-s I.-, iu thi co'iiity, he says he
i r ;. I . le .. M irsii ili S-illivan, and
,s
I e
l-om be piiuL-oiit as
1
..in carrying s.i. k.s tiled,
, -. v-on l.'tli of At.ril he
Win. .,a:.
s-iw fc.r me::
rev .gin..
I M. Sullivan
as one. i
The... Fnles-iy- he sow a man at hi I
p!ai-e 1 I.h of ;r:l. is , ; nsk, h iy a I
loaf of brea 1 and hti'ler ; take M. Snili- i
van to lje tf man. i
M. IlonneH s-iys nn-t '.l.f-" Men in ;
ronutry, were going tow.ir.1 I'-.:t Il'li : i
two ha I sick on : hti'll h-rs; ,,u Sut-day,
April Pith ; thinks Lewi and T- k.-r
were two of !;i. ;n,
M. Mcriinto.-k s-iw f ii r.t.' tn -n evening
of I Ith, near Fort Hi'l, one had a sick.
Say he feels certain T.isk. r was one, but
might be ii:':.sr.t!.eii.
IS. J. I! ir-.na siys on the !"i:h April "ne
saw I-caI and Ta-ker in 1 is father's
learn, with two u.-ksj and a le :ilj iliti.
meat iu oi ; sick : an I o.i I J.li in" April
had Si-s-n four men p tss in ciiples; re
cognise. Jack Sullivan a one, but n..
absolutely positive.
Win. lLtnnti says be saw L-'wi.s and
Task -r in his barn at 11 o'clock of l Vh ;
4:111 tlil'lll im tlii'i.i Of. po-i.I .iDurr ir.lj
J, . , , -. , ' .
j with ssciis; details how arrest was ma le.
I and that he left the
i . , ,, , 0 , , , .,,
in custody of
'
,', . a , Ja ' r
t i, i. . i ... , i . i - ' ' ' t
i lielpeO t-i arrest I.twis an I ijskera h
c.,,..i, i ,.; . , i . .- .
, says ; he dotal. s at letiL'tri how Itcv e
caK'd from him and his friend; long
t is-. i.o. .iioi i.oo .iii- i:i.-iio . i.niv
i i . . .
I enotig.i to cnai.ic bim to reeegm.e ins
Uoss Augustine .let.,';! the manner of
, same arrest au I ho. v hi m.in o-ciped ;
! s-iys tliey had sacks, which in c .u.t be
, ideiitmetl w,th cmteii-s; says the men
were L.' i. an I Tasker.
Jim. Walker corrolorules If. tana and
Augustine.
Israel Hoover reco-gni. I
vis a one
he saw going no l:Uh
A.iril.
Xnmerims witness,. were .-ailed
onn--, l:i. n i, Anders, n. pean
an;l IL!, lut these are now
out of the ase and t on hai-e iii.l.;iig to
enquire of as to tiui.
Mr. KuIIa'ti en I-avorod fo i.ienti.V
sotnebani fo-trt! in tli.- Si -ks; I". If. Mil
ler, the stigir an 1 mould.
S.-ieriif Kyie and Dr. I'lclitn-r tc-tiiie 1
? to ,lm ""'""
placeof arrest of the parties, the finding
ol Hit! stocking wtucn Miss !'. ikeri.
loen-
tified ass hers, in II iii'. lneisa wher
- some I
of the prisoners t ii-ti were. i
j ; i.nis-.-i;t.
j ttu.nae;:!
Peter Albright test iti.M as I,, tho arrest At ba'f-p-.ist eight o'clock. Thiirsd iy
and the monev taken from the prisoners; j ening, the jury in the Voder rt.bliery
none was produced on triu!, and no in- i c;i" came into Court.
fcrenco cau be made from it; nothing elitlemen of the jury, hive v. ;i
appears to identify it. It had b-eii inad- ngwl tis.n a verdict?" was asked by
verteatly diqosit '.l by the oilie r. Clerk Homer.
On this testimony the tlotnuion wealth I In respon-s- So th" q t -stion th" fit
fek tocinvict these f,;Jr prisoners of the nian imniled the verdict t the Clerk ,
offeneie charged. ' who ban.le.1 it 'o the ( '. .iirf. Judge B.s.-r
I
Whether the witnesses sitislied von a ! T''a'' 'l :,ni1 pt'-se.'" it buck Vi the Clerk,
to the identity ..f the pnrt.es, is for you.
llie tlet t.' set ii n. is to the two i
Sullivan., Marshall and Jack.n, that of
an alibi. It is alleged ti,e-.. ur ib
. v
time of the allege,! burglary, in Fayette
comity, a ili-tanee of more than ."J n
asvay on tha day and tin,,.. an,l fr a ,! iv
previoiis and several days after; and
tiiat therefor it w is inn...;!.!... that
these t ,o S illiurisc cil 1 , lvu been par
ticipants i'.i the burglary.
An alibi is as much a traverse of a
eri:ne charge.! as any r.lier ib-fetise, and
proof tending to establish ir, though, not
clear may with other fids cf the case,
wise n-asots.ihie .LeiM :f -.u'.l.
In cases where the (..ru:i!0nwea!ih
nrst ujsm positive r.nd tjti.loul.ie.l j.r.j,,!
of the pri.,ner's guilt, it should not lw
overcome by less than full clear and (sat
isfactory evidence of Ihe alleged alibi
Tiie 'vi dene witch ten is to e;..!.-;.',
i iaii-'l. i 1,1- f.e jury, m: I :h'eig;i .m
.!.: ne w' :!! iir ti:" i.?l.-!!s-, t!
bur.
If r-.t
i i-:ioi provti: g t?i-' i.r:s..-4r's .ui:
j t.ot-r.-hy siis'te t. Toe b-ir icr. re:.:u;:,s , rt
I tl;e i' ..u-njtiw vi'lh to ki::.-fy j ,-v ,,
! g i;ll, bt-yoad a r- isv.nsl.le d.ej'.t. sn-1 ;(,
; jurv in w! tike i..'. 1 c-.::-d 'r.:! r ! t
j facts i. toe c.s it; ; the p-isif of il.e a.
. h.-i 111 oaung to a n.r.i i-rslon.
' Tiiii as t ti.e alitii invol ves ".;,, .,. .
I tier iii hi. h a lis.-.-, testify the cre-il.
1 bPity of t'i-J .::i'.-. an-1 til" rcisoiul,;,..
n-.-vS of ti.e a;.:.! set :t-- the
cT whether ti e alibi a' t t.111
is rva-
-.:.al.iy in;. ;e .-ti! : for t!,.. r,,. .;. ,
p.'.e-.es p.-.-seniV a', a ce-u.n pU.f ou a
e'rtaiu oecision may ail true and w.t-r.es-s
may l -t mistaken as t,i time when
the i'.:;ie ::n 1 cip ii::ist.ir. .- s, an-! )!. ah
scr.re at another phe-e have U-en est.il,
'ish.s! it is evr.h-nce 'ike anv 4 th.-r
1 deme, and may W a .nil answer to tl,e
charge. And ovc.i tiou;h not so cle..r .-
est.il.i-s'j,..
tu iv with otiier fa- !
i the case if any are found, rai" a reas
: aolc doubt.
, Wh -n an alibi is .Lily i-staVusln-d ; ,s
i one of the :n st decisive defenses-, p, :
the evidenn' adduced to jcipport ;!...
; alio: requires to j u.iin.tely c .tisi.ler.-d
! and t.i.i ti'ea is 11,1 .- .n.-l wive u.il. .1...
circa .-s;.;!i...-i s.irr.cin b ig :!. sho t!..t
I it w-.ii impossible for tiie prlsi.i -rs t,
, have cn.ntnitte 1 the otf-Tis. or unless t!,,.
I pr.xfof thca'ibianl the oth"r far-is in
the c-iso raise a r-as"t:able 'ioul.f.
i To sustain Jl.i.s alilii, tins defense c tile I:
j ' N. J. C- P .o-s-ks siys s,er tiie i !i
I v.sti boys, Marshall and J:ick-n, on IP !i
; Ap'-il at his iio.ot' in Fayette cotinty
i Polio.'ks is broliier-in-Liw of
; illivau.
2 a 1.
Mni-sh
Jo in Pin
Sullivan we:
:i ire .s iy.s-Ji -kan l
at his Ii i n; in l-.v-
; eits. from I ;;ii April to nth,
'dr-j. I;nti're's i-;rthd.iv ;
sail thrv
i had a lively paity ; said ii-; t-n k II. n
I Sullivan, one Paul aid a Mr. 'ivsu'iuan
I to his lio-isj that n''!.t l'iiis itore is a
j I,r.,t!ier-iii-U- ofSchvi'isl I
i e
you ill reaieuiher wtiat relatio ish-j. ex.
j jsu.
j ;jrJ, J'ph Pa l' s.'.ys b" s i ,Ja k
I an,l jj irsh at ! l. is ii i.e's oa 1.1 i A:,r !
j at the eel-'hralw 1 n relative.
pj,. P. V. t i io-t-:n in sivsh-'wis ;
I i-nsinore . on ti.e iiltli of Ai.r.l. at tl ,.
; ; think he said the Suliivans sv.-re
his cousins an 1 tii.'.t he was th t s:,..i.
; la; 1(.r f Tj ker.
;,th. Ilenrv Suilivan.
a broth.-r nf
Mar-hall and Jackson, sai l be was at th
l.'iilliday feast on l.l h April, an 1 hi.
brot'iers' were there. This witness ln-ii,
cr..ss-ex.iiijii:eil to atf-ct credibilny a,;. .
milted he etnu served a ss'titetK-e f..r
on a chara of robbery, but 17 years a".
iHh. Jackson P. Sullivan one of ti e
deft -miauls, say he w:t at the l irth ln
party of hi sister on the l.'.th with (he
others who test iii--d as to heiinr there, an !
was there till tbe l".fh. I le .h-nies tiir.t
he know unythiiiif .f the Yoih-r r.h
berj;, and .let.ie that lie wa at tie
place where witr.es. f.,r the Ci
t 1 1111 lert-.:
i-examin it-
to i .-:i;
a-luits
tic
.rv -1
STY.
term in tiie -iiiten;i:;ry for r!
Ttii. J. M ir.'n il! S t! iv in siys. h - t . .
wa at III si-tor's f.-.i-t i-ti her l-'rtli !....
or. the 1 ::th, .in 1 ;;s -t Y ' r r, 1 -Itv
an ! km w nothing of it. an 1 ..-ire
he was ;it any of the pl.e-os, tii.it tin- ::
ties n of ti.e t.'ot;:!ii inweaph s.iy t:i. v
sa'.v liiii..
Win. H i!, says Lwis, Talker and
.I n k Sullivan were arr 's,., bis hoii-s' :
he iocs l. -w is and Tasker asked to re
in. .in a few davs to ri-st up.
Of the 7 wUnessvsi w ho swe.r l an
aiil'i, Mr. P.u.l wa. no relative; I'ins
niore. Pollock, t ioosenian, lieu Sullivan,
were it seem, relatives, and bn k.soit and
i Mar-hall Stiili
i
an
are defendants. IV-
femhints are tn nle coii!'tet!t witness.-
by s'atute, and relatives are competent
witr.isse also, i'.nt the credibility of all
; w -,;ri s'S is for your t -uiisidt. ration.
i The defense a to L'w is and Ta-ker is
based mainly, en a dcr.ial tiuit the Com
iiionai'iillh has sii:!-,-'ently proved their
i lentity a Ihe ron -alio ci.minitt.-l
the offense. Yot will rs-.idily recitii all
the evidence that be irs t;; on their con
nection with ti e ..lli-tis:..
It is cliiii.ed by ttie ih-i'er.-e that there
s nil po-.tive pr-sit tout the prisoners or
I ..i
nf of th'"ii, co'nniiltcd the oili'iisse.
j an 1 T h at the i ircttnistan; f in proof art
in uil'n ient to establish guilt.
I ben a cri ".i it.il cii:ir is to i.eprov
j en ari''. siist.i'.tie.l hv 4 1 ri'ii i iisf ant i:il e i
j 1 -nee. the j.r .of sho.il J not on!-.- b- con
j sl-tent w , tii tl,.' prisoners o-ii, i.::t it
! should ! in. t'lisistenl with any nth.T
! nitil'tlal l-'llu 'll-inil,
i Tojusilfy the inl'.-reii- nf guilt from
cir -Uills;ii;t'i,ll 4-vid.'i-.-e. T ip existence of
I fact which iivu!;vite thp prisoners or
tiianie tliem, must le ai'snliitly -iii.-oin-pKtible
with tiie inn.Hence of the an-;is-cd
person, and incapable nf explanation
upon sny other hyjsithesis than that if
gtlllt.
I ( 1olins4. hss. inei.lr.vil tlo imtiii',. i.t i,i n
: .... .
I of their iiin.M-.-,ict.
It i true every man is presumes! inno
cent i. fa criminal i-.ai", and is protest
ed until he shall have been proven to lie
iftiiity heyon.t a reasonable doubt. The
. ,, , .
C oiil!i,oti.s,e.tlth must prove all the mate-
. ,,.,,'-.-,,...., ,- , .,- ...
rial allegiti'ins in the iti-li-'tineiit. aatisfv-
j reaonabIe",l.m',f. If this is n.,t .bine the
, in. t.ic jin j on ioe n iioic case, iicvoil'l a
! ,,rsi,,rH should be a.-qtiitte l.
j if th(.v mMv ,.,, ,.,..,
j doubt that the prison"rs"are guiirt-, then
i as to seed of them a .i .ioubt i found
tbe jury should convict.
It is not the role that these must If
I acquitted in nil .tiss of ,l.,.i!,t.
To anit the. Ion!, t noi-it ! a re.-.si.n-
i ab!elu'-t.
Judge Ague , one of Pcnn'y'vat.l .'s
great judgi s -sty :
A n'tt-u.n.-ible ilniiht nntst he sn honest
and I'onsci.'titi..'; 1 i 1 1 i . -1 1 i t y in N-lieving;
u.it a 1 uht th it i tu-relv suiitl" and iu
geni'.iis. It in ti st be one that ar;s--s .n
the evidence, an. 1 not f..r.cifni nor eon-
i jure 1 tip, to cseap" consequence ; it t ci-r
s,T'ke ''"' with s.t-h f.r.-e ii to
i cooipd it to piiise i:i v
: b.
Ti e j-iry then r -t r -l a-i 1 t i fi
pri.-otters were returned to the rouniv Jail
i w' J11''1 '
lientlemen of tlejitr '(..ptkento
your veri iict as the C urt rusinis it. In
1 the is,le K'ned ltsen the Comni'in-
. ..... ,
, ennyivsnta, piamtin. ami
l iiar.es J. la-wts. Jai kson P. Sullivan.
j Marshall Sullivan and P-catur Tasker.
defendants, you say yon tin.l the defend
ants' guilty in manner and form as they
slansl tii.'ili ted, and so say you ail."
Whil-t (he ab-ivp foriuula was being
repeated by the Clt rk, ihe silence of the
vast audience was so pr.ifoiiii.1 that cacti
Istsob in the crowd cm 11 almoet hear
his neighbor think, and the affirmative
re-pens.- r.-f th" jury, iihiio igh ;adtcn in
a low toL'1 of . ,i.e, .il-tlnt tiv heard
in ll 'uitt-.i in M f 1. 1 If, . f ;!.e iri.ni.
A iter the nn.ittn.vi:i.-t.l of the rrdh t'
wliiih the def.-n.liiii's heard without
changing countenance, they were sent
ba:k to j;til.