The Forest Republican. (Tionesta, Pa.) 1869-1952, May 27, 1891, Image 2

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    tDITOft A PKOPRltTOS.
WEDNESDAY, MAY 27, ISftl.
The Jnrjr In llie Edward Shlppon Trial
Render Terdict of AeqiilKal.
hen our report closeil last week
the trial of Edward S. Shippen Jr
for the killing of Joseph W. Say, was
just begun. e gave the names of
the jury on the case, and the attorneys
employed on both sides, and further
along will te fmind as much of the
testimony as it is possible for us to
accommodate.
THE VPRDICT.
At 11:4a Saturday foretioou Judge
noyes finished his charge to the jury,
occupying about oue hour in its deliv
ery. It was a clear and impartial
charge against which neither side
could find any objection. The jury
then retired, and at 2:20 p. ni. came
into court and announced that they
had agreed upon a verdict of "not
guilty." It is said thare was but one
ballot taken in the jury room, result
ing in the verdict as nbovo recorded.
THK TESTIMONY.
Following is the most important
testimony adduced at the trial, which
we have endeavored to give as fully as
our space will possibly admit :
Dr. Brewer, of Clarinton, wus the first
witness call(l. Ho tostiliecl : On the 2!Uh
of December, about !0 o'clock in tlio morn
inir, I received a rail to go to Shippon's
Mills, arriving there three quarters of an
hour later: went direct to Shippon's storo:
when I went into the store I found a nitin
lying on tlio floor dead, with his feet toward
tho door j tlio body was growing cold :
I saw bullet holes in the clothing; "I saw
a bullet hole in the coat two and' one-half
inches above tho riht nipple, l.etw ecn tlio
right nipple and center or tho bodv. llo
was attired in a Mackinaw shirt unit pants.
J Mo body was lying on tho back. 1 saw
another bullet hole on the right shoulder.
I saw another bullet hole on tho left sido
of the shirt. There were two bullet boles
here, showing that the bullet passed
through. I niado no examination of the
wounds at this time. Thero were no
powder marks about the hole in tho breast
The cloth was burned about the bullet
nolo on the shoulder. The hole about the
dp was burned. I found evidenco of bul
let marks in the shelf of the store- -iw
where tho bullet struck the shelf and
candy jar; I took it from tho iar. There
was an inquest held that evening I
was a member of it. Dr. A. E. Ntone
cipher was coroner. Wo found the
body in the same condition as 1
Jelt it. Xe removed tho Mackinaw
Khirt and a red undershirt; I dis
covered a wound near tho right nipple
corresponding to the hole in the shirt I
probed tho wound, and found tho bullet
had entered between the third and fourth
nb In the front; it came out about the
ninth rib in the back, there was no powder
niaksai.out ibis wound. The mark around
the wound in tho s',ioul.,.r were powder
burned J he tlilrtl hole in the left side of
. the clothing made no mark on the bodv.
I found an injury between the shoulders
at the back; the llesh was blackened; could
not probe it successfully; did not find tho
ball. The injury at tho nipple was a fatal
t iot; the one at the shoulder would not be
fatal; the wound on the back of the neck
would prove fatal, j discovered the mark
of a gun shot about the face, tho w hiskers
were burned with tlio powder; this mark
extended across tho cheek, and there wi-io
marks of powder on tho Pill. " f wnii Til
judge from tho wounds that tho revolver
was a large one. The bullet cut out was n
it calibre."
Dr. A. K. Sloneoipher testified to the
fadof thoexamination substantially to the
name filled as tho previous witness, and
said on cross-examination: I did not
notice the holes in tho shirt at tho side.
My opinion is that tho ball that entered
tho back between the shoulders, was tho
fatal ball, becauso that is a fatal point.
After the flrst shot went through the body,
I don't believe the victim would bo able
to make any stugglo.
M. C. Carringer was called next by tho
Commonwealth. He tostilied to the pow
der marks and also to finding builet marks
on the candy shelf.
James Say, a brother of the deceased
testilied: Myself and brother worked for
Mr. Shippen in December last. The morn
ing of December I went out to work a
little after 8 o'clock; first saw mv brother
at the upper end of the trail, a li'ttlo beforo
7 o'clock; Mr. Frazier was there. Mr.
Shippen said, "Why did you not get out
earlier?'' Mv brother said, "This is as
early as 1 ever get out." Then Mr. Ship
jien said, "Well, hereafter vou and everv
inau in niymplov will work from 0 until
." Wash said. "I will work for no man
lrom 0 until li." Mr. Shippen said, "Well,
you will and every man that works for
me." My brother said, "Well, I will
work no s of a b from n until 0."
Sir. Shippen said, "Do you mean to call
me a a of b V My brother said, "No,
I did not call you a s of a b , but if the
shoe fits you can put it on. Mr. Shippen
mid: " Vou don't suit me." "All right,"
said Wash, "vou can give mo mv timo."
" Coiiiouptothecamp,"said Mr. Shippen,
'and I will give you your time." Mr.
Shippen went away; so did my brother;
the next time I saw him he was dead in
Shippon's store; 1 was prosent at the in
quest; after it was over wo dressed him,
laid him in tho coflin and took him to his
home, about one and ono-half miles from
Shippens; he was married and had one
:liild; after the clothes were cut from mv
brother, I took charge of them; the shirt's
I placed in the satchel and kept them in
it until I brought tho satchel to Tionesta;
my brother was bom December M, ri;
ho was 5 feet, Hi inches high in Uis stock
ing feet; on Christmas day lie weighed l.'il
or 1":4 pounds; we were wreigbed that day.
Mr. Adamu testified: I live in I'laring
ton. I was working for Mr. Shippen in
the woods the morning of tiie tragedy.
Wash Say came to work about 7 o'clock.
Fra.ier was with him. Shippen said "vou
are late." Say said "well if I am too late
to go to work, it is never too lato to quit."
"All right, I have money to pay vou,"
aid Shinpen. Then Say picked up his
tools and started away, siivim; "1 can goto
work now and make a duy for any son of a
b ." Mr. Shippen aiiid "do vou mean
me?" several times. Sav said "if you
want to take it that way."" Sav stopped
there, lay his teols down and then went
away. Cross-examined: There was one or
two wagons waiting lor logs. Tho morn
ing is the best time to load lojffl.
S. M. Martin testilied: 1 was in Shippen's
storo between 8 and 10 o'clock tho inorn
ing of December ai; lMward and Frank
Shippen were there; I sat down on tho
l ight baud of the stove as you go in; Delp
came in and sat down on left; Frank sat to
the left as you go in; Kdward Shippen was
at the desk; in coming to the stove from the
door you had to pass Kdward Shippen; he
was silting at tho dok. Fra.ior and Say
came in together, Frazier coining first;
Fra.ior walked up to the stove; Dolp went
out and Fra.ier sat down in his chair; Say
came up to the stove, took his mittens oil
and commenced brushing the snow from
hMleggins; Shippen got up, got a book
and said to Sav: "Now, you s of a b ,"
then Say said, "Vou "d d black slave
driver," and went for him. Next I saw
them cliuchud, and rolling over I think
Hay was on top; Fd backed away when
sv inmned forward and said: ' "Stand
4. I. WtNK,
back," heard three or five shots; the shoot
ing w as very closo; Say fell oil' and said:
"My Unci, I am a dead man, prav for me."
When tho first shooting commenced I
.could not see shippen; Sav moved, then I
saw Shippen on the keg; lelp camel" and
reached for tho revolver; Shippen said: "t
wont shoot anv more, it is bail enough as
it is, i would not have dono it only to
save my life."
Cross"-exainlnatloti: When Kd got up
and called Snv the name, I did not see anv
revolver in in hand. When Sav charged
on Shipnen, Fd reached out his right hand
and said "Stand back;" when the atlrav
was over Kdhnd thepostol In his left hand;
i am not see sny s loll hand, lio had hod
of Shlnpen's civd In front; F.d was retreat
ing when ho said "Sland back;" he had no
time to open the door and get away; tho
door was shut; no one in tho storo from
tho time I arrived until after tlio shooting,
except (he two Shippens, Delp, Frazier,
May and mysolfi it was not possible for
anyone to go out the door without ni v see
ing them do so; tho entire transaction did
not take more than half a minuto.
Adjourned until 2 o'clock.
The first witness called after dinner was
Horace C. Frazier, who testified : "I live
in Jtarnett township; I was employed bv
.Miippen iiros. In December last; I went
into tho woods with Say this Monday
morning, December 10; it was about 10 or
15 minutes before 7 o'clock when wo ar
rived at the slide; we esch had nn axe and
a peevey; when we got thero Wash said to
AI r. Ntiinnrn: hero shall wn work to-
day?' Mr. Shippen said: 'It Is nretlv lale
now, boys, to begin work.' Say said: 'It
is as early as I generallv iret to work.'
Then tho whistlo blew for 7 o'clock, and
Say said, 'There is the whistle calling men
to work, now. If it is too lato to go to
work, it is not too earlv to unit .' Shi nnen
said, 'If it is your money you want, vou
can have it.' Say said, 'I don't have to
work from 0 o'clock In the morninir until
fl o'clock in tho evfning to make a living,
for any d d s of a b .' Shippen said.
Do you mean to call me a s of a b .'
I did not call anybody that, but if von
want to take it that wav. all riuht.' said
Say. lie then took off his iiiitte'us. throw
down his tools. Shippen paid nothing,
and startod off. Say picked up his tools
and we went away: wo wont down to tho
landing; then Sav and mvself went limine
wo live in tho same house, about three
quarters of a mile from Shippen's storo.
Alter awhile Say ami I started for the i
store. Delp and Martin and the Shippens
were there. I went up to tho stove; Delp
got up and I sat down in his chair; Sav
stood beside the stove; wo were all talk
ing qniotly, when I heard some ono say
'you s of a b .' The voice sounded like
Shippen's; I looked around, saw Sav turn
ing around toward Shippen; I heard words
spoken by tho parties, don't know what
it was said; 1 caught a gleam of something
in Shippen's hand and heard tho reports
of the shots; I naturally concluded It was
a revolver. Something struck against the
irsido of my right leg and a bullet was
picked up beside mv chair. I think there
were five shots llred; thero was a lull after
twoorthreo shots and then repeated; it
was darK in tho store. When I recovered
my wits I saw Say was in a recumbent
position on his side. I picked him up.
lie said to me, 'lam done for, prav for
me; I am a wicked man, I have been a
wicked man; pray for me and my family.'
I imintcd him to the ltedecmer as best I
could and told him to prav for himself. 1
think he died in ubout I'll minutes. Delp
came in alter Say fell over and said: 'Kd.
givo me tho revolver.' Kd said, 'I have
done enough with it; I had to do it to save
nivsell. Some one said something about
giving him some w hisky; Kd went out to
iret him somo and shortly alter some ono
brought in some whisky." Tho revolver
was showed to the witness and lie thought
it looked likn the one that was usually
lying aroiuui uio store,
Cross-examined: Say was an athletic
man about fix feet high. Shippen was
clear back in the .iiwas far as ho could
go; I noticed Say brushing tho snow oil
his leggings bef r.) the fuss; there was no
one present in the storo I lit the two Ship
pens, Delp, Martin, Say und mysolf; heard
a crumbling of glass bilt can't say whether
it was tho first shot or not; to tlio best of
my knowledge tho melee did not last half
a minute; tho first 1 saw after the shooting
Say fell oyer onto the floor and Shippen
came towards mo. It is better to slide logs
in the morning, whon tho snow is fresh;
Mr. Shippen said a team wa. waiting for
some ono to load tho logs. When we wero
going up to the storo from tho house, Say
said, "ii ho could ever get Ed to show a
grain of sand, ho would trample tlio life
out of iiim." When Say was putting our
tools away, I wont to the stable and back
for my dinner bucket, and then slopped at
tho store, and Kd Shippen said: "Ain't you
fellows coming in to settle?" I said: "Say
hn' gone home." Kd said: "I wonder if
lie has gone to get something to do me up
with." I said: "I would not like to have
that man mad at me, because I consider
him a dangerous man." I got somo Hour
for myself and Say, and then went home.
Gcorso W. Sawyer testified: I was Sher
iff of this countv in December last. A
ustol was identilied by the Sheriff as ono
landed him by Kdward Shippen, the eve
ning of December I was called out
from supper, and Ed Shippen said: "Shor
ilt', I want to givo myself in cuntody; I
have killed a man." I said: Havoj'ou the
gun? he said ves and gave mo this weap
on. I nskod lilin if there were any marks
upon his person? lie said "No, there was
nono." '1 here was two loads left in the
revolver; Shippen said "he had to do it in
self defense;" he said he came 24 miles to
give himself up; it was about ti-o'clock in
tho evening when ho gave himself up.
Wui. lieors testified: I knew Joseph Sav;
I know Kd. Shippen; I was at Shippon's
storo tlio day this man was shot; when I
went in Frank and Edward Shippon, Mr.
De'p and some men 1 did not know wero
there; I stood by tho countor; afterward
Horace Fiazier and Joseph Say camo in;
Say went up by the stove and Levi Delp
wont out with a broom; Horace Fra.ier
sat down in Dclp's chair: I saw Kdwaid
Shippen draw a revolver, and 1 went out
the door; hoard the reports of the pistol
two or three rods away; I rati to the black
smith shop; I was running as last as I
could; shippen took the revolver out ot
tho desk ho was sitting at; ho opened the
lid, took the revolver out, and stood up
and pointed it in the direction of Say; then
I ran out.
Cross-examined: He lifted the lid of the
do- k about eight or ten inches; my brother
has not kept a watch over mo and pre-
outed the Shippens from talking to me
about this case; I live about a mile from
Shippen's store; I started for Shippen's
ubout the middle of the forenoon; I had
uiy gun; my brother Clarence was with
mo as far as the mill; we separated there
and met ayain by tho slide; this was Mon
day, December 2il; I went around and
Clarence went across the logs; I went
hunting rabbits that morning; I had a gun.
A minuto examination of this witness
as to tlin persons he met that morning, en
sued. He admitted meeting them, but
when interrogated as to what he had said
to them, his universal answer was, "I
don't mind." When asked bv Mr.' Jenks
il anybody told him to say "I don't mind,"
tho wit.iess said: "I don't mind anybody
telling mo that." Mr. Shields did not
employ mo to come here; he did not pay
me s.j to testify in this caso.
Ito-diicct i told Levi Delp that I knew
nothing about this case because I did not
want to bo subpuMiued as a witness and
come here.
The clolhing of tho dead man, the' re
volver, and tho bullet Uiken from the
body were uttered in evidence.
T. F. Hitchey, K-.q., opened tho caso for
the defendant.
Adjourned until 7:30 whon tho w itnesses
for tho defendant were examined.
WKliNKSDAY KVKN1SO S SESSION.
A session was held Wednesday evening.
A map of the buildings in the imtnedi.ito
vicinity of Shippen's storo and tho inte
rior of the store, wore explained to the
jury by H. C. Whittekin, Uio surveyor,
who made tho measurements and map.
The first line of testimony for the de
fense was the calling of a number of wit
nesses to disprove the witness, Willie
lleers, who testilied that he was in the
store immediately beloie the shooting and
saw Kd hhippen lake a revolver out of tiie
desk before Say turned toward him.
Kthbert Taylor, cook at Shippon's
Hoarding house, testified: I came from
tho kitchen light after the shooting: t
saw Wlllio Heers near tho bark pile, going
towards the pile. He was walking awsv.
He had bis gun with him.
nank Shipprn testified to being In tha
storo. Ho said : Kd was in the store most
of the time; ho went out to the mill to
instruct two men to te.ke the place ofthese
w no nail quit ; he did not prepare the ro
volvor; I had used the revolver Ih i Friday
ocioie sho'tticg a hog I loaded It after
I usd II; tliu revolver and n ho of
cai tiiiiges lav around on the counter all
tho timo ; I made out the timo of Frazier
and May, and when Kd came back he
cnocKcd It over to seo If it was cor rev
Delp and Martin were there; Delp went
nut alter t rnzier and Sav came in; Frazier
sat down in Delp s chair; Will Ilceis was
not there ; f.d got up and got a book : then
he got up and said, "Yon s of a b :"
no ono wont out after Delp ; when Frazier
and Say came In, Fra.ier caiuo in first
and Say next; when Sav camo past mv
brothor's chair ho stumbled against the
chair ; Sny was brushing tho snow off his
legs and it went back over the liook ; ho
threw his cap back, Sav said, "You d d
black slave driver," aiid went for Kd. The
latter backed and said, "Sland olT, keep
away," and reached toward the counter.
Kd did not raise the lid of tho desk to iret
a revolver; if he had done so lie would
have spilled the books and ink Ivlnir nn
the desk ; when I'd went down "ho was
lying on the nail keg and box ! Snv was
on top ; Ti e first pistol shot was fired as
they went down ; when tho first or second
bullet went oft I heard enndv inrs lirenk.
The shelf plough, d with a bullet and a
section of the floor with a bullet holo was
identilied by tho witness. There were
four or five shots fired : K..1 shove, I sv
oft' and ho said, 'I am dono for;' then ho
asked Frazier to prav for him: he had
been a w icked man: Kd told Mi nm to (mini
for doctor; to take tho black horse, tho
ouii'kest we had: he sent forsomn wliiL-v
for Say.
Adjourned for the evening.
TIlUnSDAY MORNINo'S 8KSST0X.
The examination of Frank Shippen was
uixeu; v ross-examiiiaiion ! 1 think'
lots revolver was brought from Louisville;
this revolver lay on the counter or shelf
me store and cartridges lay bcshln it.
f-o any person who wished could take it
out and use it; I saw tho revolver tho
morning of the homicide; it was lving on
the counter between the door and the
desk where F.d was sitting; the revolver
belongs to Kd; cither K.I or Will brought
it from Louis-villo.
Levi Delo tcstiliedi I was no stnira u-lmu
I heard the shootinir: I ran down ami our
he lobby door; I saw William lleers about
l.iu yards lrom tho store going towards the
lark pile; ho was walking. t'noncross-
i xaininatioii the witness admitlc i having
mm u.in r panics mat neors was itinnlni?.
D. A. Mct'i v test ill. (! T ww... , I lin,.
who was watching Strouu's team; I nsko,l
him where all tho men were; ho said they
were nt the store; I asked him what was
tho matter at the store; ho said he did not
know; I was working for Shinnen: liners
asked me to watch the hor. o, he wanted
io go iiuni'.ng; i said I wool I.
Aiiinu unman testilied : I was in Mr.
Wintield Heers' house when 1 lienr.l th
shooting: I went to the do ir and saw Wm.
lleers at the bark pile. Cross-examined,
tho w itnets saw Delp running up at tho
same time: he wm right opposite the
house: ho said Kd Shippen had shot Say.
10. II. Stroup testilied: lsa v Mcerabythe
blacksmith shop. Delp call. I mo ru:". i
asked Ucers to waich my toa.j. When I
came back ho was gone."' Ho h ,tl a gun.
Francis Potter testified: I mot Will Hecra
up tho slide wiih Wintield Heers. Win
told me that Kd Shipptn had shot Sav.
Wm. lleers bail a gun and a dog.
M. Coon tostdied: 1 heard of tho shoot
ing from Win Heers. Afterward 1 met
VS ill lleers, I said, "that is a terrible thing
that happened at Shippen's." Will said,
"I was surpr ised when 1 heard it."
Joe Itoss testilied : I talked with Will
Heers about 8 o'clock. I asked Will
Heers if ho bad beard of the accident. He
said he did not know anything about it.
Dan Dankle testilied : I suw Wm. Heers
the mi ming ol'the shooting near lOo'cloek;
he was hunting, when I saw him he was a
mile away from tho storo. About ten
days afterward Adams, Davis and myself
saw Ueers down on the old slide. Ho
said "I did not see Shippen get tho revol
ver, and did not seo him shoot."
Tho next line of evidenco n fibred by the
defense was of threats uttered by Say
toward Shippen.
George Allen testified that in a conver
sation with Say in November, tho latter
said, "I don't know why I don't like Ed
Shippen; the way we settle things out
West, each man takes a pistol and shoots;
the ono that gets tho drop is all right; if 1
got the drop on Shippen I would keep il;
Sliipp.cn ami myself are bound to come
together, and if ho shows a grain of sand
i win iramp ncii out ot him."
Mrs. Horaco Frazier corroborated tho
testimony of the last witness and detailed
Say's conversation when he camo homo
after he had quit work and immediately
before ho wont down to tho store, whero
ho was shot; Say related the conversation
in tho woods with Shinnen. and snl.t Fro.
zier and he had quit work. Also detailed
the epithets he hud applied to Shippen,
adding that he took it like a regular
groundhog. "1 tagged him clear to his
store and ho did not dare to raise his head;
he put me in mind of a little enrdog; I am
going down to scttlo with him, and Ship-
jjun muni Beiiiu njy wav.
Andrew Dodson' tostdied: Sav told meil
Kd. Shippen ever uave him anv h:i-sm lit.
would tramp the life out of him, for, he
said, "I am none too good to do anything
when I am mad." This was one week
before tho homicide
Horace Frazier recalled: When I wont
home after Say and I quit work, and we
were going back to the stoio to aettlo, Say
said to me, "I would not stop much to
kick hell out of that son of a j" his anger
had passed away considerably; Say was a
man that talked a great deal of harmless,
foolish talk, and I thought this was mere
blow; but when he repeated it, I advised
liim not to have any quarrel, but to find
other work, as he was livimj in Shippen's
house.
Terry Carr heard Say that morning say
to Shippen, "You are a son of a b and
you may drive niggers but vou can't drive
me," and heard him say if Shippen open
ed his mouth ho would smash it.
ICd ward Shippen, tho defendant, w rnt on
the btaud and tol I the story of the tragedy
in a very impressive manner. When ho
reached the climax of thestory, the killing
of his victim, he was visibly allbcted and
related his participation in a very affecting
manner. Tho wile and sister-in-law of the
defendant sobbed outright. The prisoner's
father wept and many of the spectators
wero alluded to tears, as tho young man
sobbed out "it is an awful thing to kill a
man." While on tho witness stand, lie told
tlio story of tho quarrel with Say at the top
of tho slide ami the abuse Sav heaped up
on him all tho way down to tho store; of
the latter' a subsequent return; that he had
just tilled out a check for Say and had
written tho amount of tho check when Say
scattered snow over liim and the book.
After Say came in, begot up and got the
cash book. Wbilo getting it ho saw the
revolver lying on the countor, und saw
that it was loaded; when Say scattered
snow over him he arose from his chair and
said, "You a of a b ." He said he meant
to order him out of the store and tell him
nover to eomo back again. Say said, "You
d d nigger driver," and then, said the
witness, when Say came toward mo, I saw
a change in bis countenance, and know he
meant to kill me. I reached for the re
volver with my left hand and tried to keep
him oil' with my light, saving, "Stand
back, keep oft." Say grabbed me by the
shirt. I had on a flannel shirt, and his
hand slipped and caught my throat. He
pressed me down over the nail keg, and I
tired the pistol as fast as I could without
taking aim. When I got up Levi Delp
said, ' tiive me the revolver, Kd," I said,
"I won't shoot any more. My God, it is
bad enough as it is ; I had to do it to save
my life." I said, "Get some wraps, send
lor a doctor, take our best horse, get him
some whisky." Say said, "Fray for me,
pray for me; my family; I am a wicked
man; 1 have been a wicked man."
"1 want to say right here I never was a
slave owner or driver. I have lived as
much in tho North as in the South. Whcu
I am North tho people acenso mo of being
a iiouiiicrncr, and wnon 1 am Mouth thev
n..ii.n n.n ,.F . . . V . I. t ,
another thing 1 wish to say. V hen I told
Help that I did the shoninir in self-defense.
Say was lying there a'ivo-and conscious
and he did not contradict mv assertion. I
then went homo and sent somo whiskv
down. 1 changed my clothes and went
out again. I asked tho men if I had not
born a good boss to them and they said
yes. i ioi.k I Ii4- revolver, there was one
load In it, mid I put another one in. I
Intended to give mvsell up, and I was
afraid that Say's brother, not knowing the
circumstances of the shooting, might
attempt to kin me. I meant to defend
myself with ono ball, and then shoot
myself with the other. I did not want to
kill anyone, only to save myself. I told
McCormick to consider me'in eustod v and
to deliver mo safelv to tho sheriff. 1
advised to go away the back wav. I hated
to Mieak awav. but I went. On nnr wav
to Tionesta we heard a sleieb eoiolnW
behind us. 1 thomrht it was somo nun
coming after inc. I told McCormick to go
on, he had a family, and I did not want to
get him in any trouble. I got out and he
drove on. I got back of somo bushes and
halted tho sleluh when It Cflltm 111V nnl
asked the man If he was after me. Ho
said no. I intended if ho was an otliecr to
givo myself up, but if It was someone after
me, I intended to defend myself. I came
to Tionesta and gave mvselt nn n Mlmriir
Sawyer. I remained in'iail from Monday
until Saturday without
having bnen taken out for mv arrest."
A hiimner of witnesses were enlle.1 who
testified that Sav was inclined to bo quar
relsome. Tho following persons tostilied
that Shippen's reputation as a peaceable
man was good! Judge Cook, li. K. Maze.
Mel oy, icior riquignoo, Kd Kerr, Abo
Hradon, K. Sutton. K. I.. I'.loo.l n,.,t
Stroup Win. Se.mervilJe, l'etcr Heasley
and John Coon.
J he defendants rested their raw Ti.
Commonwealth produced a few witnesses
in rebuttal, and concluded Friday morn
ing. EVIPENCn IN RKMJTTAt,.
The first evidence Friday moriiinir ten. in
the line of rebutting the evidence offered by
the defenss as to 'he credibility of Wm.
beefH.
Frank tTIl'. am testifla.l: I orert.i,U Wn,
Heers about 11 o'clock tlio moiii'iis? of thn
tragedy, a little over half wav between l ha
store and his home; he told tue he saw Sbiiv-
pen take the revolver out of the desk, and
thtm ran out of llie store; he Bald Shippen
whs Kitilng at the desk and Bav was ntan.il.
b g by the stove; Heets aid he had gono to
tha store to kill Shippen a mesa of rabbits;
he had his gun and dog with him.
.Mrs. janey j. users testified: I am tl.
mother of Wm. Heers; William wbb away
from home the morning of the homicide; lie
cane-home about nonu; h told mn h
Mr Phinpen ta'se thn ruvolrer nut i.f iI.a
desk nu t draw it cn Say, and thou ho rau
our.
Wm. Ishmnn tcstiflpil- T fc
Wm. Heers all his life; he came to my houso
the aftcrtioun of the hoiniei.ln nWn n'i,in.v
he said ho went out hunting for rabbits that
morning, and stonned at tha atom- ha
Bhinrs'n cet llip rvntvrtf- 1... enl.l ui.:.. N
was writing at the desk; he said thoro were
no words between the men; Say wn? stand
ing at tho sto-e.
-Mrs. llenrr Daiilil.i lHilrt...l- t li..,. ono
feet from ths store; I havd what I thought
m ui? norini g el the tragedy; I
went to the kilchnu window ami locked out;
I av a man running i ha gun about 40
feet from the door, running toward the Iwk
pile; I don't know Beers; don't know
whellmrit was him or not.
Mrs. Maud Peers testified: I live 10 nr 13
roda from Shippen's store; I saw Wm. Heors
up by the bark pile, Monday morning; he
hul a gun lij his hands; lm was running to
ward I he tramway; while looking aftr Ueers
I saw levl Delp emierurniug by; he told
me Shippen had killed fay.
Tho tollowing witnesses, old aquaintancrs
aDd foimur neighh rs.wrre called and testi
lied to th - previous good character of Joseph
W. Say: V. O. Jamison, i homos Jolluv,
Tames U Ogden, John livers, J. A. Mo
Quistou, and W. It. llazeltou father iu-law
of fay.
Still in the Lead ! !
GRAND SPRING AND SUMMER OPENING OF
IMPORTED k DOMESTIC DRY GOODS, IIOTIDI,
IIOSSt.BtY. GLOVES A3T COKSiriN,
Ladies' - and - Gent's - Furnishing - Goods,
Curtains Carpets und Wall Paper,
HATS, CAPS, BOOTS AND SHOES.
MUX'S, YOUTH'S and C1IILDREX S. Finest lino ln tlio County.
MERCHANT TAILORING!
Wo guarantee perfect lits or no siilo.
OUR MILLINERY DEPARTMENT
Is immoiiso. All the latest styles. In charge of experienced Milliners.
And a fine selected stock such as kept in
At tho lowest possible prolit, livo and let live.
DAVID MINTZ,
VERYTHING NEW.
NEW STORE,
DAVID BARNETT'S
Is the placo to
get
Dry Goods, Boots and Shoes, Ladies' and
Gent's Furnishing Goods, Jewelry, Grocer
ies, Canned Goods, Cigars, Tobacco, Sec.
All goods knocked down to lowest prices.
Country Produce taken in exchange for
goods.
DAVID BARNETT,
Tionesta, Pa.
James Bay, testified: I hail a conversation
with Frank Shippen the evening after the
tragedy, he gald to mn, when he saw his
brother get up from bis chair he knew what
would happen.
Mrs. Joseph W. Bay, widow of the victim,
testilied; I was married to .1. W. Bay In
March, 18s3,ln Tarport; we lived In Mckean
county, for a while, then went to Hutler
county, where my hiiMcviid lived on a firm;
then went back to Mc.Kran oeniit.y where
my h"shand worked at lumbering; then we
went W est to my father's in 18S; we return
ed in November, ls,-; went to his father's,
In Ilntler; then to my father's, In McKean
county, from thera to Willow Creek; we re.
innined there eight months, then went to
Hutler county, then came to Forest county.
Bl'R-KEtlUTTA!,.
John Coon testified that he WAS foisitnn '
or the inquest and ho asked If all prelim
arles ought not to be taken down in
LoronT s notes, and theeornnnr ail.1 nil ti..
wanted was to find out who fired the shot
that killed the man.
AVldeiicn cl ted.
TIMK TAHLK
111 cll'ect
January 1, lq.
Trains leave Tlones-
for Oil City ai.,1
points west as follows:
No. ffl Through Freight (carry-
Ing passengers)....
0:8 a. tn.
12:W noon.
4:17 p. m.
7:53 p. m.
No. 81 Hnll'alo Kxpress...
nit
Wi
JNo. Hi w ay Freight (carrying
passengers).,
No. 33 Oil City Express
For Illckorv. Tlillonln Wnt-rrn l.-l.,,,
Rradford, Olc'an and the Kast: ' '
io. ao mean Kxpress
No. :12 l'iltsburgh Kxpress
.. S:4 1 a. m.
4:17 p. in.
7:02 p. in.
iso. Ml 'through Freiitht fcar-
rying passengers
Trains fill a-id !W Unn Daily and carry
tiassenirers to and from luiinU l.oii,-',.
Oil City and Irvineton only, other trains
tun umiy exoepi Sunday.
Get Timo Tables anil full Information
from J. L. CltAlU. Aaent. Tionesta. l'a.
U. HELL, Gen lSupt.
J. A. FELLOWS,
Gen'l I'lvssengor it Ticket Agent,
Hnll'alo, N, Y.
GREAT
TRUNK
LINE
r.elwocn the
EAST Sc WEST I
Now Yotk. rhtladolnhhi. Ihv-loti mid
all points Fast, Clih ago, Si. Paul, Cincin
nati, St. Louis. New Oilcans, and nil
points West, North and Southwest.
bond vestiluiled trains, sleeping. Pull
man dining and day coaches, between
principal cities Kast and West. The pop
ular lino West for colonists and land seek
ers. Hates nlways low as tho lowest. No
extra charge for riding on vestibule lim
ited. Dnfore purchasing tickets call on or
address. It. If. WALLACK, Trav. I'nss.
Agt., Oil City, l'a., or F. II. G A 11 Fl KL1
Div. Fuss. Agt., Jamestown, N. Y.
J. n. AOXBW, OKOIIOE W. TAVI.On.
AGNEW L TAYLOR,
ATTORNEYS AND COIWSELLURS AT LAW.
Okkicks : Lenman Building, Washing
ton, I). C. Tionesta, Forest Co., l'a.
Will practice before the U. S. Supremo
Courl, Court of Claims, District Courts,
and Departments of Government.
Special attention given to tho collection
of army and navy claims, pensions, pav,
bounty, etc., eases arising under tho cus
toms, navigation and internal revenue
laws, and pateula. Correct forms, blanks
and instructions mailed to claimants free
or charge on receipt of their names and
1. O. address.
a
first class dry goods establishment.
Marienville, Pa.
NEW GOODS!
"'"-'liriiiii j
bargains
in
Clothing,
m Loaded ! M
Tho shelves and counters in our storo aro
loaded with a choice selection of Spring
goods.
CLOTHING!
DRESS GOODS I BLACK GOODS I
i i " n,fV" (,of,,K W'U'k Goods, Silk Whips, ,j., wo aro
ladder with styles, quality and assortment, and at tho bolt,
aortmcnt Is complete and everything new.
Domestic Goods !
we areT,plyC!;;v;!;.:;i,e;l'd?'' '"""
HATS! HATS I
Vo have made a special elfi
'.,..1 tn ..ni
olive inn nil
different styles,
SHOES Km
J')I!':S' 'j1"1"-
LA1MKS, GKN'l'S,
rhdd Ji. i SI"1",1V,,,,V,,'S, s,?,I"-"'iHy. VVo take great pains to havo lust tho
right styles at the right prices. Wo aim to keep a full lino of tho cheaper grades t m
utcrmediato grades, and also of fine lland.urned Douglass, w ?i1Uye 'the Xk' ami
wo can fit any foot and any pocketbook with slums H 6 ln8 Hlocit """
sells .l,em.', S Sll"" WC "V0 11,0 nsv,,r,"H'"- ' have tho rl,rl,t stylos and the prlco
GKOCISTUTSS!
Last but not least conies our Grocery Huslness. Our Groceries
Icctcd, bought for cash and sold for tho Lowest I Vssil,0 Price.
i N i Y,i r,''ft"- "L.r, NAILS, IIAUDW.VUF,, Ac
chock full of new goods. '
Come and seo us. No trouble to show goods.
H. J. HOPKINS & CO.
"-' wgsnTron, mi.j j majVKr-.
ew Furniture Store
NEW FURNITURE !
Linda
Have opened a New Furniture Etoro in tho
Kepler Block, - Tionesta, Pa.'
And aro prepared to accommodate their
patrons with tho newest and best furniture ;
at the LOWEST FIGURES ! Everybody
will be treated fairly. All goods delivered!
within a reasonable distance from town.
uivo ns a call. Come and examine
Stock. Goods Shown witli n1n;imA
! - v.
LINDAL & CHARLESTON,
Kepler Block, - Tionesta, Pa.
PROPER -
(SUCCESSORS TO IIUHMAN & S1GGINS,)
DRUGGISTS & GROCERS,
TIONESTA, -
IX OUR GROCERY DEPARTMENT WIM, ALWAYS RE FOUND
BERRIES, FRUITS A VEGETAULKS OF ALL K I N PS, IX SEASON.
In our Drug Department, which is in charge or a tlioroup
will always be found lha
PUREST DRUGS AND CHEMICALS !
PRESCRIPTIONS COMPOUNDED WITH UTMOST CARE.
Lawrence . & Smearbaugh,
-PEA LE
CLOTHING, DRY GOODS NOTIONS HATS, C5PS. GROCERIES, QUEENS-,
WARE, STATIONERY, CANNED GOODS, CUTLERY,
JEWELRY, TOBACCO, CIGARS.
ROOTS AND SHOES A SPECIALTY !
GOODS OF FIRST CLASS QUALITY IN EVERY DEPARTMENT.
TAKEN IX EXCHANGE FOR GOODS.
S. H. HASLET & SONS,
HAVE A FI LL LINK OF
fit:
-AND
BNITUREL
UNDERTAKER'S GOODS !
O-ITEl THEM .A. OTL.
on tho top round of the
ittoni with price. Our as-
Domestic Goods ! !
MvrK, oow Seals, s,,.-.,, Print, Ac.,
HATS I ! HATS! 1 1
t....i ii ,.... . ...
MISSKS ANI CIIILnitKV CSTfttTTt
MISSKS AM) CI 1 1 l.MtF.N MMJES
GKROCinUIKS!!
uro carefully so-
.c.
Kvery department U
'2T.T3TW StUKBURiBai
& Charleston
our V
& - DOUTT,
PENN.
lily ooinpott-ut Clerk,
KS IN-
I