are but pale, half-b Urned bricks, good to
fill in with, but of little account after all.
Ifwe are only safe in Christ's love, if He is
our mediator and our friend, we shall be
well enough off in the end, —and now should
always be subservient to the end. Now,
is the time to preach the gospel—to utter
words of truth. Christ is coming. Let us
stand near to God. He is now answering
the prayers for the past twenty-five or
thiity years, and the fruit is at hand; shall
we then submit to panic or fear? Nay, let
us trust in God, forgetting at no time that
He reigns and has reigned for all eternity,
and if the storm and darkness do gather
around us, we shall be safe. For "though
clouds and darkness are round about his
throne, yet justice and judgment are the
habitations thereof." . .
Eetegrapij.
HARRISBURG, PA
Saturday Afternoon, November 24, 1860.
Policy of the President Elect.
The late speech of Senator Trumbull at
Springfield, published in the TELEGRAPH
a few days ago, is commented upon at
length by the papers of all parties. Con
sidering the personal and political rela
tions existing between the President elect
and the distinguished Illinois Senator,
too much significance cannot be attached
to the great speech referred to. We have
reliable assurances to the effect that it was
prepared at the suggestion of Mr. Lincoln,
and received his full approval before it
was spoken. One thing is certain, that
Senator Trumbull, in undertaking to fore
shadow the policy of the incoming admin
istration, would advance nothing which he
had not full warrant for advancing. His
very intimate relations with Mr. Lincoln,
abundantly qualify him for doing that
which Mr. Lincoln himself is precluded
from doing prior to his inauguration. We
trust this comprehensive, patriotic mani
festo will have the effect of quelling, or at
least subduing, that crazy agitation of
which the cotton States are the voluntary
and deluded victims. It has been called
forth by considerations of public duty and
responsibility, and if it does not fall like
oil on the troubled waters, the secession
faction may justly be pronounced incorri
gible. We think it is a good omen that
Senator Trumbull has been selected as the
medium for laying Mr. Lincoln's views
before the public, for as our readers well
know, he is a States'-rights Republican,
pure and simple, who supports the Con-
of the laws with unfaltering fidelity. It
is unnecessary to direct attention to any
part of a document which will be so close
ly scrutinized; but the positions laid down
in relation to the vexed questions, prove
conclusively that Lincoln is the conserva
tive statesman we have always represented
him to be. We can fancy the chagrin of
the disunionists when this speech is cir
culated all over the South. The news
will fall on their incendiary projects like
a water-spout, and we are much mistaken
if the budding traitors will not find their
occupation gone by the time the proposed
revolutionary conventions meet.
A UNION MAN IN SOUTH CAROLINA.
We notice that ex-Governor Aiken op
poses secession. He is a man of influence,
and will doubtless carry the more respect.
able portion of the State with him. When
the sentiment of even that rampant State
becomes divided, what hope is thero of
their affording us amusement much long
er.? Stephens and Johnson are both at
work in Georgia, and the state of affairs
there must be rather conservative than
otherwise, inasmuch as the voluble Mr.
Toombs decides to reflect until March be•
fore he resigns. The ridiculous foolery of
South Carolina has already ruined her
financial affairs. The popular current in
all the frothy States is beginning to turn
in favor of the Union as their only safety.
If they are quietly allowed to blow off
their gas, and display their cockades until
they get dusty, the agitators will settle
down to their whisky and negroes, and
we will hear nothing more from them un
til the next election.
Mn; LINCOLN'S CABINET.—The Spring
field Journal, published at the ; home of
Mr. Lincoln, in its issue of the 21st inst.,
says : "The various surmises, conjectures
and suggestions put forth by newspapers
and newspaper correspondents amount to
just nothing. It will be sufficient time
for Mr. Lincoln to proceed to select from
the many distinguished statesmen of the
country, his necessary Cabinet officers,
after the Presidential electors have per
formed the duty which yet remains for
them to do."
Tsi
` HOME JOURNAL says that Miss
Harriet Lane, the beautiful and accom
plished nieee of President Buchanan, is
the reported authoress of "Rutledge—
one - of the most popular of modern ro-
manceo.,
COURT PROCEEDINGS.
Trial of II in. Poffenberger for the Murder
of Chas. T. Robinson.
[CONTINUED.]
EVIDENCE POE THE DEFENCE
HISSZY TEAMEN, sworn.—On the day this
occurrence took place I quit work at 6 o'clock,
eat my supper and went to the Post Office to
get my paper ; after I got my paper I took a
a seat in front of Turbitt's hotel ; Charles Rob
inson come there ; I judged him to be intoxi
cated from his actions ; there were several men
in conversation ; Robinson saw John Bricker
go down Schuylkill stied ; he called him to
come back ; Bricker at first refused and called
him a d—d rascal and told him he wanted
him for something ; Bricker came back and he
called him and Callan into the tavern
•to got t a drink ; don't know whether they
drank ; when they came out Robinson saw
Poffenberger; he seemed to change at once, his
whole nature changed; and as soon as he came
he called to Poffenberger, "you fiat nosed s—n
of a b—h you, bavn't got your pistol now."
Poffenberger said, "yes, Charley, I have ;
keep away from me ; I want nothing to do
with you." By that time Robinson raised his
arm and struck the blows ; Poffenberger back
ed away from , him ; Mr. Turbitt then exclaim
ed, "won't somebody stop that fight ;" John
Bricker then stepped out between them ;
Bricker said something to Robinson, but he
took no notice of what Thicker said ; Robin
son's back was turned to me then, but saw
Poffenberger fair ; I saw him raise his arm and
make a blow at Robinson ; as soon as the blow
was made Robinson walked towards the tavern
and Poffenberger walked out the Sunbury
read ; Bricker went to Robinson and asked
him what ailed him ; he said, "that dam
bugger has cut me," or something to that ef
fect, and asked, "is there nobody here that will
loan me a pistol to shoot the a— of b—l'"
A few minutes after he asked whether he
had no friends to go to the doctor; Bricker
and myself went to the doctor; Bricker was a
little ahead of me, and he told the doctor,
whom we met at the store; I think that Poffen
herger could not have made his escape at any
time without being in danger; they were so
close together that if Poffenberger had attempt
ed to make his escape Robinson could have
taken advantage of it with any kind of weapon;
The whole transaction did not occupy over four
minutes; I judged Robinson to be intoxicated
from his manner, just in such a way as to fit
him for fight ; he was not so drunk as to dis
qualify him for fighting; I did not see him
stagger ; when he saw Poffenberger his whole
nature seemed to be agitated and he presented
himself at once for fight and continued to be
that way all the time ; Frank Carson was aside
of me when the fight commenced; I. was about
ten or twelve feet from the place where they
fought ; had conversations with the elder
Bricker and we differed ; be said that Poffen
berger made the advance step ; we compared,
at Turbitt's, the transaction together, and we
agreed in the way the transaction commenced,
excepting about the advanced step; Carson and
Kline were also. present ; The statement given
here to-day is the same as agreed to at that
time ; I saw Bricker particularly for the pur
pose of comparing our statements together.
Cross Ex.—Was sitting on the porch under
the portico on a chair ; told no person that
I did not see the beginning of it, or that I
was reading a newspaper; never spoke to Jeff
Clark on the subject ; never told him that I did
not see the beginning, and when I did see it I
thought they were only in fun '
Robinson was
at Turbitt's tavern when I first saw him ; he
came there after me ; Robinson was standing
by the pillar at the portico when I first saw
nt.v4,103--1-00- '
- y utl e:
-emuctto4 arstaniffirta
my eyes from - liim ; Poffenberger was coming
down street ; I think he could see Robinson
standing at the pillar, and he came right
straight towards Turbitt's ; they met about the
curb ; about eight feet from the hitching post.
Poffenberger was standing in the street, per
haps not one step away from the curb when
they met; Robinson passed the first blow;
can't say whether they were on the curb or not;
Robinson was standing at the end of the porch
when I first saw Poffenberger ; can't say how
many blows Robinson struck; can't say wheth
er every blow was warded off ; don't suppose
they got ten feet from the curb in the street ;
I think they kind of cut a curve and came back
to the pavement ; did not see Robinson's
cap or hat knocked off ; there were no per
sons between us so as to prevent my seeing ;
don't recollect how far Bricker was off when
the blow was struck ; I was looking at the par
ties ; did not see Poffenberger draw the knife,
he hadn't the knife in his blind when he com
menced the fight ; the stab was given close to
the curb ; don't say that I saw Poffenberger
give a stab ; merely saw him draw his arm and
walk away ; Robinson was standing with his
back toward me; Poffenberger was facing the
river when the blow was given ; Robinson was
in the line of my vision • could not see what
he was doing ; think that Poffenberger had one
hand up ; can't say exactly in what position
his hands were ; after the blow was given he
turned and walked away ; Robinson walked
away about his usual way • never saw Poffen
berger give a blow ; merely saw him make a
motion ;--after that Robinson pnt his hand on
his side and went away; Poffenberger could not
have at any time turned and ran away without
exposing himself to danger, because Robin
son was facing him up ; he didn't give him
time to get away ; Robinson hadn't hold of Pof
fenberger ; didn't see Robinson have anything
in his hand ; he could not have ran away With
out exposing his body to danger ; Robinson was
not so much intoxicated that he could not have
overtaken him if he had started to run ; didn't
see Robinson make any effort to draw anything
from his pocket; can't say whether George
Kline was present at -the occurrence ; I thin
John Bricker was there when we had a conver
sation about the affair ; it was a few days after
the occurrence, and before the writ of habeas
corpus ; I saw Mr. Kunkle before the writ of
habeas corpus and told him how it had happen
ed ; Poffenberger had not been arrested when we
came down to employ Mr. Kunkle; John Bricker
never went between them, he merely staid be
hind their backs ; can't say whether Robinson
struck Poffenberger whilst John Bricker was
talking to him ; Poffenberger could not have
ran away when Bricker was standing behind
Robinson without exposing him to danger ; as
soon as his father cried out that Poffenberger was
going to shoot, John went away ; didn't hear
what Bricker said to Robinson; they were all
the time so close together that if Robinson had
desired to use a weapon he could have done it.
By a Juror.—They were north of me, I was
east of them ; Poffenberger had no vest on ; I
took particular attention to it ; I saw his coat
flying open, his shirt showed down to his waist
band.
Da. J. R. UMBERCIER, sworn.—Have known
both parties for five years ; judging from ap
pearances I should judge that Robinson was
much the stoutest and strongest man ; ho was
a good deal taller than Poffenberger ; he was a
well developed man ; always thought he was
very - quick - and excitable; he was about five
feet ten inches as near as I can tell, in height ;
he was much the stoutest man ; (billy shown
to the doctor); got this billy from Mark Snyder;
I kept it until Jefferson Clark came and claimed
it as their property did not see It taken front
Robinson.
HENRY Taman—Re-called by Defendant.—
Rave lived neighbor to Poffenberger for six
years ; have known Robinson for some time;
lived in the town of PAPRItti flat Siiazk;
Robin: on *ails powerful built, active man ; he
must have been from life feet eleven inches to
six feet in height.
Pennspluania laativ ettegrap4, eatnrbap Itfternoon, Nottember - 24, 156.0.
Cross-Ex.—Never told any person that we
were busy talking politics, that I did not
take particular notice, and did not expect the
fight to amount to much ; never told Edward
Chase so ; I told him if it bad not been for
Butt and Carson being there talking politics I
would not have been there to see the occurrence.
Adjourned to 2 o'clock, P. M.
FRANKLIN CARSON, sworn —Was at Turbitt's
when Robinson came there ' • Butt and Teeman
were then talking politics ; John Bricker and
M'Callum were standing there when Robinson
asked them to come in and take something to
drink ; they went in, but don't know whether
they drank ; when they came out rOffenberger
was coming down street ; when Robinson said
to him, you flat nosed a- of a b— you have no
pistol now •, Poffenberger replied, yes I have ;
Robinson then commenced to strike at Poffen
berger ; Poffenberger said, Charley let me alone
I want nothing to do with you ; Robinson con
tinued striking at Poffenberger, and Poffenber
ger backed out into the street, after which they
came back again towards the pavement ; I
didn't know that he was cut ; if : any of the
rest seen it they said nothing about it ; after
he was cut, he said, the scoundrel has cut me ;
Robinson commenced striking at him alt the
time ; can't say whether Poffenberger struck at
him or not ; I don't think he did •, he warded
the blows off ; I cant tell whether Poffenberger
could have gotten away or not, but I suppose
if be had tried Robinson would have followed
him up •, be was pressing up to him all the
time ; Poffenberger backed ; didn't see the hat
or cap fall ; can't say whether Robinson had
drank any that day ; I suppose he took a drink
there, but he was not drunk enough to stagger;
Poffenberger had't stopped when Robinson
made the attack upon him ; John Bricker went
out but did not part them, they parted them•
selves; when Robinson had been cut he looked
excited ; he wanted to whip Poffenbereor ; he
was much taller and stouter than Poffenberger.
Cross Ex.—This was about sundown ; I had
been sitting there about a half hour '
• I was
talking politics with Cant. Butt; he left before
it took place ; Charley Robinson came from up
street ; nobody was with him ; McCallen was
there when Charley came up ; John Brick
er was also there when Charley came up • I
don't know how long Charley was standing
there before Poffenberger came there ; Poffen
berger was on the pavement when I first saw
him ; the two walked towards each other ; Pof
fenberger said he had a pistol ; this was said
before a blow was struck ; don't know how
many blows were passed; I think he struck
Bill three or four times, and Bill said, go away,
I don't want to have anything to do with you ;
I saw nothing of the. cap falling off; I didn't
know that Charley was stabbed until he said so
himself ; I saw no blow struck by Poffenber
ger ; I didn't see Poffenberger put his hand be
hind his back ; I sat still during the fracas ; I
saw Bricker go out towards them, but I didn't
see him part them ; I didn't see him between
them ; I could have seen John Bricker if he
had gone in between them ;, he want up close
behind Charley ; they were above me ; Poffen
berger was facing me ; Robinson had his back
towards me ; can't say that Bricker spoke to
Robinson; nobody parted them, they parted
themselves ; can't tell that Charley stopped
the blows himself ; I had taken a couple of
drinks that day ; a " dutch couple ;" I was not
under the influence of liquor at the time ; I
had taken a couple of drinks ; I felt it a little.
(This witness stammered a good deal on his
cross examination as to his condition at the
time of the occurrence, but finally denied that
he felt much of the liquor at the time. His
I was not drunk ; I suppose you (meaning
the counsel) would like to make me out drunk;
some things might have happened that I did not
see ; I was not talking politics with Butt while
they were scuffling ; I didn't keep an account
of the drinks I took ; I took one drink this
morning; I had two, only two this day; I don't
drink whenever I can get it.
Re-ex.—l board at Geo. Kinter's this week:
I took some drinks at Kinter's ; George_Kinter
didn't invite me to drink ; I don't know that
Sinter knew I was a witness.
JOSIAH WYNN.—Sworn:I was in my shop
just across from Turbitt's tavern when this fight
occurred ; I was off about sixty feet ; I heard a
noise ; looked out and saw Poffenberger and
Robinson engaged ; Robinson was striking Pof
fenberger with his fists; Pogenberger was guard
ing off the blows; at this time they were about
ten feet from the curb ; Poffenberger was back
ing rather in a circle and Robinson was follow
ing him up ; when they got close to the curb
Poffenberger made a rather underhanded blow,
and Robinson stopped ; all this time Robinson
was close enough to hit if the blows had not
been guarded off ; when Poffenberger made his
underhand blow Robinson was hitting him ;
Poffenberger couldn't have turned to flee with
out getting a blow from Robinson ; from the
appearance and size of Robinson I judge that a
blow from him on the back of Poffeuberger
would have brought him to the ground ; I saw
no cap fall off in the skirmish ; I saw nobody
stand in between them to part them ; I stood
all the time in my door.
[Whilst Mr. Wynn was on the stand, the
Defendant called Henry Strine in order to put
a question to him, so as to contradict him; by
Mr. Wynn. The Court:decided that Defendant
had a right to do so. The cross examination
of Mr. Wynn, however, went on.]
Cross-Examination of Mr. Wm :—My shop
is about twenty feet from the corner; Mrs.
Powell's house is on the corner; it is about
eighteen feet wide • these young men when 1
first saw them scuffling, were about ten feet
from the curb ; they worked in a sort of mill
back to the tavern ; there was nobody out on
the street but them ; I saw no person close to
them at the time the blow was struck ; was
about eight or ten feet off; don't know how
many men were standing there ; Poffenberger
guarded off the blows of Robinson ; at the time
Poffenberger struck, Robinson's hands were up,
but when he saw the blow come he threw his
arm down ; Poffenberger struck. with the full
length of his arm ; he drew his arm away back;
it was a blow at arm's length ; Charley's hands
were up and down and every way ; Robinson'a
face was towards me.
HENRY Exam, recalled.—l know Mr. Wynn,
he and I talked about this matter ; I didn't
say to him that at the time this - occurred I was
at Greenawalt's shop.
Ma. WYNN, recalled.—Henry Strine told me
first that he was at Greenawalt's, and he then
said he was down at the Post Office ; I didn't
pay much attention as to what he Paid; I am
sure he said he was at Greenawalt's; I couldn't
say whether Robinson was drunk or sober; don't
know whether Robinson could have got a blow
in if he had been sober ; don't know whether a
single blow reached Poffenberger or not, he re
treated back so fast ; I am related to the Pof
fenberger's; I didn't step out to part them be
cause everything was so quick.
By a Juror.—l didn't see Poffenberger show
a knife.
By another Juror.—Cate t say that Poffenber
ger had a vest on.
Fasts BRADIGAN,-BWOM.--/ saw Charley on
the 18th of July.
[The witness was objected;to by the Com
monwealth. It was stated that the object in
calling him was to show that on this day Rob,
!neon had a knife open in his pocket. Objected
to, because there is no proof that' Poffenbeiger
knew that he had this knife.
FRIDAY AFTERNOON
Court met at two o'clock
Along argument law had re,couxise on
both sides, but the Court ruled against the ad
mission of the testimony of this witness.
The Defendant's counsel offered to prove by
this 'witness that Robinson was a very quarrel
some and dangerous character, and had at
tempted an attack that same afternoon on some
colored man who was walking innocently along
the street. The Court also ruled particular
acts committed by deceased, out of order.]
DAVID TURDITT, sworn.—Am keeper of the
hotel at which this affair happened ; was not at
home when it took place ; was anxious to hear
how this matter happened ; the second day af
ter, Teemen, Kline, John Bricker and old Dir.
Slicker were on my porch and ed about the
matter ; Dlr. Teetrieu gave a. .-..catement
I that he did to-day, and there was no contra
diction about them ; old Ms. Bricker said about
the same thing—they appeared to agree ; don't
know that Bricker said much about it that day:
Teemen gave the statement and they did not
contradict it.
Ct ws-Ex.—Can't tell what Mr. Teemen told
ore at the rime, but I can swear that he told
about the same story in Court.
SUSAN KEDIEIMB, sworn.—Knew Charles Rob
inson ; saw him on the day this happened ; I
lived at Gehman's; he came into the side room;
shook hands with me, and said "I em going to,
do it to William to-night;" I said, "0, Charley,
don't!" Objected to and ruled out.] Robin
son showed me a pistol and a billy with a
strap to it, in the spring sometime ; I asked
him what the strap WAS was put on for ; '
he put it over his arm, and showed me that he
could slip, it up his coat sleeve and knock a fel
low down with it '• I told William of this ; and
hadtold him what I seen,
and to be careful ;
never saw him but what he would talk about
William and call him a flat nosed s— of a ;
.didn't see Poffenberger on the day when this
happened until it was over ; I was sitting on
the step with my sister at Gehman's door, be
fore dark ; Andrew Simons was on the porch,
and I asked him, where is Bill ? He then cline
out of the bar room door and gave me the sign
to come to the end of the porch ; there are two
bar-room doors, one faces on Schuylkill street
and the other on the canal; we sat on the
Schuylkill side ; had been sitting there an
hour if not longer ; no one could go in the bar
room door unless we saw him ; Poffenberger
did not come down and go in whilst we were
sitting there ; a person can come down Schuyl
kill street, and pass the entry and bar-room
door to go in that way ; or come in the canal
way ; William took me to the upper end of the
porch, some ten feet away from the canal bridge,
right along Schuylkill street; the farthest away
from the bridge ; Andrew Simons and George
Kline, I think, were on the porch ; we talked
very low to each other : he made no motion to
take a guard chain or watch I had from me ;
Mrs. Gellman was sitting under the door whilst
he was talking to me did; not see John Wolf pass
there ; he could not have heard anything that
William or I said ; we spoke too low ; had not
seen Robinson before except that day, since his
return ; I think Robinson had come back Satur
day a week - before that ; William had no vest
on that afternoon ; at a party at Simons', my
self and. Charley were standing at a folding
door ; Robinson was cm sing and swearing, and
told me that he could wade in his blood to his
kness and tear his guts out ; I told him this
the next Saturday night ; this was Tuesday ;
they had a quarrel outside at that time but
what it was I can't say-;
he came into the
kitchen to me and pulled his knife out of his
coat sleeve and shut it, and told me not to say
anything • I told it to William afterwards.
Cross-Ex.—Saw Wm. Poffenbeiger only ones
on that day, after the thing had happened ; he
told me that he had had a fight and wanted his
watch ; I had his watch ; can't tell the exact
Isaw him it was jest riboutalusk had
seen im - in enuarb - e7sie di a tmentierr
Charley to me nor did I mention his name to
him ; he was there on Saturday evening before;
was not in the habit of telling both the threats
they made towards each other ; never heard
William make threats about Charley ; never
told Leah Ferry that William told me that he
would kill Charley; he never said it: I saw
Charley Robinson after supper at five o'clock ;
often seen the pistol and billy with Robinson ;
after I saw them Charley went away and staid
away some time ; showed the d pistol and billy
to me ; it was a single barreled pistol ; William
never made threats; William Poffenberger has
been paying attention to me for some time ; he
is not engaged to me ; he has not promised to
marry me as soon as this thing is over ; he has
paid attention to me for better than a year;
Charles Robinson came to see me last winter;
when he asked me for the watch I wouldn't
give it to him ; he said I should meet him at
the top of the bill but I didn't go.
Re Examined in chief.—Was about Gehman's
house all that afternoon ; I did not see him be
fore, but I can't tell whether he might not
have been there that afternoon ;_I was in the
parlor that afternoon with Mrs. Gehman's lit
tle girl ; I don't think he could have passed
unless I bactseen him.; he was not there whilst
we were sitting at the door until he came to
call me.
The counsel for defendant now offered to
prose, by this witness, the declaration of Charles
Robinson to her but an hour or an hour and a
half before, in which he threatened to " do it
to Wm. Poffenberger that night."
After argument from counsel on both sides
he evidence was admitted
Examined.—Charley came there after sup
per ; he told me that he would give it to him
(Poffenberger) that night, and I told him, Chas.
don't ; I don't remember of Charley Robinson
ever telling me that William had cut the
skirt off his saddle ; I took a bath up the
Stony Creek with my sister after Charley left;
can't say how long wo were gone ; my sister
didn't go into the water.
Mits. Enzasuma GERMAN, recalled, on be
half of defendant. —On the evening this diffi
culty occurred myself and sister were together
for an hour or so, setting under' the entry door;
we were setting there together all the time ;
after Poffenberger had stabbed Robinson he
came out of the bar-room door and took my
sister away to the upper end of the porch ; I
had seen him before at Chase's ; just a short
time before ; he could not have got into the
house coming down Schuylkill street unless he
got around through the stable and canal bridge;
could not hear anything they said together ;
saw John Wolf passing our house about four
o'clock ; he came up from Harrisburg; Len
hart was not there in the afternoon at any
time with William ; took supper at five and
after that went up to the bath-house ; staid
about half an hour and then returned and staid
all the time on the porch until William came ;
Robinson was thereafter supper ; he had a bar
low knife, cutting a tooth pick ; was with my
sister in the side room some fifteen minutes and
then - went up to the bath house.
Maxon SNYDER, sworn.P.aw Charles Robin
son after the transaction at the - doctor's office ;
they were sewing the wound up on his left
arm, where he was cut ; I was on the left side ;
some one remarked that there was some money
falling-out of his pockets ; Mr. Clark told me
to put my hand into his pockets ; I did so and
took out hiiPoiket-book, which I handed to
his father ;'then I get out a piece of- tobacco,
and after that a billy ; I did not want his fath
er to see it, and handed it over secretly to Dr.
Umberger who was standing right behind me.
Cross-Ei—lt was a common sized pocket
book. I . Port monnaie shown.] This is..about the
size of it.
- Janes Lannon, sworn.—l lived with Daniel
Irvin, on the 18th of July ; Wm. Poffenberger
was working there,, and we went fishing that
day ; took two of the horses with us ; went
some twelve miles from home; he had a dark
coat car - and a dark pairpf pants, but had
vest cm ; he took an old pair of pants along to
made the creek with ; we filed up to about
two o'cl.tck ; saw Mrs. Poffenberger on the road
at the widow Hoover's ; Mr. Poffenberger was
at Peter Rocker's on that day ; we came on
down where Shaffner's live, where we watered
our horses and took a drink of water ; we halt
ed on the top of the hill, and William went
away and came back in about ten minutes ; he
went away again and I went borne alone ; we
had a hard day's fishing and were tired.
JACOB EMILY, sworn.—Lived at Stoney Creek
Forge for the last two yeare; William Poffenber
ger lived with us and was employed in any
thing, that was to be done ; he had to travel
for us ; on the 7tb of April I sent Poffenberger
to Dauphin to get a car for me ; the car didn't
come, and I took a horse and went to Dauphin;
when I stopped at the tavern Charles Robinson
came up and said, "Jacob, what does Bill carry
that knife for ?" I asked him "what knife?"
he said that he had a dirk-knife ; I told him I
bad never seen it ; be said, "well, be has a
pistol also ;" I told him that I had heard that
he had one ' • Robinson said, "well, damn the
difference, he. may have occasion to use them;"
he said he would have revenge ; I told this to
William Poffenberger.
JOBEPIC SPONSLER, sworn.—
[The counsel for defendant offered to prove
that an affray occurred in April last, at which
time the firing of a pistol was mentioned, and
that threats were made by Charles Robinson
towards Poffenberger, and his pursuit through
the streets. The Commonwealth objected to
this offer. The Court, however, admitted it.]
Witness resumed.—Some time in April Char
ley and myself went up town; during our walk
we met Poffenberger; when Charley saw him he
called him something, I don't know what it
was ; Poffenberger told him to go to hell ;
Charley then ran after him and threw stones
at him ; I don't know whether he hit him.—
Poffenberger told Charley that he didn't want
to have anything to do with him ; he drew his
pistol, put it hack again and then ran; Charley
ran after him, when Poffenberger,ran on Dr.
Umberger's porch, where Charley caught Pof
fenberger; struck at him but I don't know
whether he hit him; Poffenberger shot his pis
tol at him but missed him ; after this William
ran away again from him, and Charley stepped
off the porch, where he fell, but he picked him
self up again and ran to William's home, to
which Charley pursued him.
Cross Ex.—William fired when they were
standing facing each other ; he was some five
feet from Charley ; Brooks was there at the
time facing Charles.
ALEXAND&R DOUGLAS, sworn.—Was with
Charles Robinson on the day this affair hap
pened, beore 12 o'clock; Andrew Simons, Char
ley and myself were at the bath house ; Mr.
Simons and myself allowed that Robinson was
a stout young man ;" Simons said, "yes, he
ought to he stout enough to whip Poffenber
ger;" Robinson said he would give him a whip
ping before he would leave town; Robinson was
the largest and heaviest of the two.
Cross Ex.—The bath house is very near ahalf
mile from Gehmau's.
By a Juror.—Robinson was taller and heavier
than myself; I am about five feet nine inches ;
he is taller than that and weighed 140 or 150
pounds.
JOSEPH GALLAGELER—Sworn.--In April last I
saw Robinson chasing Poffenberger up street,
Robinson hollowed to atop the s—n of a b—h
till I kill him ; Robinson threw a stone, they
both halted a little, Poffenberger started again
and Robinson pursued him ; Poffenberffer open
ed the gate at his father's house and ran in ;
Robinson also opened the gate and ran in after
Poffenberger.
Cross Ex.—This was after I heard the pistol
halN A
keen R_
ES ANhA Gaosa-S - Worn ==ilealtra noise
on the road ; saw Poffenberger tuning and Rob
inson after him, they ran on Dr. Umberger's
porch--where Robinson struck `Poffenberger;
and Poffenberger fired a pistol; Poffenberger
ran off again and Robinson after him ; about a
week after Robinson came to our house and
had a talk about this, he said he would assure
me that he was going away but that Poffenber
ger would not walk up the -road a year after
this, that he would have to be carried up ;
asked him what he meant by it, he said be
meant what he said, he said Poffenberger was
too mean to live ; I told this to Poffenberger's
mother afterwards ; I told him that he ought
to beha - fe himself and set a better example to
his brothers and sisters ; 1 talked to him about
the consequence if Poffeuberger had bit him
with the pistol ; he said he didn't care, he
would just as soon die as live.
Cross Eat.—l didn't say that Robinson de
served all he got, but I said he had warning o
it.
Miss ANNA STEPHENSON, sworn.—Lived in
Da - Uphill in April; I saw this shooting tiffaii
whilst I as attending my father's store; I saw
Poffenberger and Robinson facing each other;
Robinson bad his hands full of stones ; Poffen
berger ran up street to a large, locust tree, and
stepped behind it and said, Charley, I want you
to let me alone ; when Charley came up, Pof
fenberger came out and said to him, if you
don't let me alone I'll shoot ; Robinson said,
shoot and be d—d ; Robinson threw some
thing at him and they ran up on Dr. Umber
ger's porch where Poffenberger shot at him ;
Poffenberger got off the porch, and Charley
also stepped off and stumbled down ; he got up
again and ran atter him ; Some time after,
Charley came up to the gate and said to us, I
can tell you girls, in one year after this Poffen
berger won't walk home ; I was surprised ; I
asked him, Charley what do you mean; he said,
I mean just what I say, in six months after
this Poffenberger won't walk home, he is too
mean to live.
Mas. LYnn. M N ROBRIEON, sworn.—.-I. saw
Robinson in pursuit of Poffenbergeron Dr. Um
berger's porch and saw Robinson strike Poffen
berger, and then saw Poffenberger shoot at
Robinson ; William then ran up street and
Robinson followed.
JAMBS W. Giumze, ESQ., sworn —[The de
fendants proposed to prove by this witness that
the sister of defendant had applied to the wit
ness, who is a magistrate at Dauphin, for law,
in order to have Robinson bound over to pre
serve the peace. The Commonwealth objected
to it. The Court refused to admit the applica
tion of the sister, but considered that his own
application to the magistrate to have the de
ceased bound over might be proven.]
Witness resumed. On the 7th of April I was
coming up select, and met Poffenberger and his
sister; Wm. Poffenberger said to me, "I want
you to give me law." I said, “Not this • even
ing, -William. Come to; my office on - Monday
morning, yon - and your father ; cane Wheri - you
will be more composed, And I will attend to
you." I thought he was in liquor ; I think he
was employed at the Forge, but ant not certain;
there was nothing said in my presence by
Krause that Iremember.
. -
Miss ELIZABETEC POTTERBEROF.R, IMOTE.—.I saw
Charley striking William, and I saw William
shooting ; after that William ran up to our
house, and Charley ran after him ; I also ran
after them and found Charley in the yard ; I
asked him what he was doing ; he said he was
going to kill that fi—rl d—n brother of mine ;
I told William what Robinson had said ; on the
day Robinson was stabbed father and mother
were in the country ; I didn't sea William on
the day of fife stabbing.
PETER SECRETE, SWOTR.—Lived at Dauphin
last winter and spring.; knew both parties ;
have seen them together several times.
[Commcnwealth objected to this evidence.—
The defendants oiler to show that when these
-parties met,' Poirenlieiget.Wasi idwitiCassaidted
and insulted by Rubinson. Lhr. Court ruled to
receive the evidence as to the threats to do him.
bodily harm, and that Poffenberg,r had begged
off that he was not able to fight him
Witness examined.—On one occasion at Cock
ley's tavern ; I was there with several othcra •
Robinson said to Poffenberger that he 1; 1 4
heard that he carried a knife for him ; tint ' Le
should come out and he would show him .. , :b at
knives were made for ; William a t he
didn't rant to have anythi me to do wiui Lan
that he wa-n't able to tight him and he dit
not want to have anything to do with him :
this -was about the latter part of Jannaty or
commencement of February.
GEORGE U. KLEIN, SWOra.- - 1. met Robinson
at eleven or twelve o'clock on that day.
[Commonwealth objected to this evi lance.
01;jection sustained.]
Witness resumed.—Was at Turbi iav,r a
a few days aster this occurrence ; there were
several persons there, among them %rem the
two Brickers ; their statements about the edair
corresponded ; except differing a little about
the place where the cut was made ; (here
the witness related the evidence as giv.m by
Teeman and the Brickers.)
At fifteen minutes past eight o'clock the
Court adjourned to meet at half-past eight
o'clock on Saturday morning.
SATURDAY AIORN.ING
The Court met at half-past eight o'clock
AMON GEHMAN, sworn.--I saw the cam•
mencement of the affray on the 18th of July
last ; was standing in the door on Schuylkill
street ; Robinson was standing outside the door
at the hotel ; Robinson went up to the cizuer
of the pavement and met Poffenberger; he
went some fifteen feet to him and said, "you
flat nosed s—n of b—h, you haven't your pistol
now ;" Poffenberger said "yes, I have ;" Rob.
limit' hen got in the act of striking and Pi ffln
berger warded off the blows and kept backing
into the street ; then Robinson's cap fell off
and he picked it up very quick ; they scuffled
again and returned towards the tavern ; during
that time I walked into the bar room and saw
no more of the fight ; Robinson told me he was
cut : William also told Robinson when he came
up that he should go away, that he didn't want
to have anything to do with him.
Mits. BACEL , LEL POFEHNBERHER, sworn.—l am
the mother of William Poffenberger ; he was
twenty-one on the 13th day of August last ; I
was up stairs when the smallest girl came run
ning in crying and saying that Charles Rol inson
was going to kill her brother; I ran down stain
and found Charles Robinson coming into the
house ; I said to him, "Charley, what du you
want r' he said, "I am going to kill your eon,"
accompanied with an - oath ; Robinson la! a
knife in one hand and stones in the other ;
Mrs. Gross told me of the threats Robinson had
made towards William, and I told William of
this ; I also told William what Charley told
me; Robinson did not wan to leave until I
told him that William's Pa was coming ; Wil
liam had no vest on that day; he bad his every
day clothing on, and wore no vest during the
summer.
Cross Ex.—l saw William on that day just
before dark; I was in the country and left two
little girls at home ; I was at Hoover's, and my
husband was at locker's ; when we got home
about dusk, the girls had gone out, and these
was no one at home; we bad keys to open the
door ; I didn't sce William after that on that
day.
JOSHPII GALLOLIER recalled by defendant.—
Charles went into Poffenberger's gate and I
went up and met Charles; William came cut
on the porch and said, "Charley, I am no more
a s— of a b—h than you are ; ' Charity said,
"if you come out you'll not say that any more,"
and then picked up stones; Frank Carson h: id
his head at the doctor's office and asked die
doctor whether Charley would die ; the doctor
made no reply ; Carson then said to Charley,
"you won't die;" Charley said, "what the h-11
do you know ;" and also said, "the villain has
got the better of me without revenge."
Jefferson Clark recalled by defendant.—
Charles Robinson left Dauphin in April ; some
time after the shooting affair, more than one or
two weeks after the affair ; can't say bow lung
after ; he went to Shipped, Cameron county ;
he returned after the 4th of July ; he was at
home some ten days when this affair happened.
The defendant's rest.
REMITTING EVIDENCE ON THE PART OF TIER CCM
MONWEALTH
TonN Baooks—Sworn.—Was present at the
shooting affair ; was standing on the platform
of Dr. Umberger's office which may be six in
ches high ; there is no covering over it ; I at
tempted to go into the office but it was locked;
when I turned around I saw them coming; I
thought they were just in fun ; Chailes Robin
son caught him by the coat collar and shoved
him off the platform down on to the pavement,
but didn't follow him ; Poffenberger tinned
around and shot and ran away; Robinson stepped
off the platform, fell and then ran after him ;
Robinson didn't strike Poffenberger ; was with
in six feet of him ; didn't go off the platform
until he was shot at ; the ball went within rix
inches of me, judging from the place where the
ball entered the weather boarding ; Poffenbcr
ger &tin celled me here ; Clark subpcened me
last night ; I didn't see Charley baring any
thing in his hand.
Cross. Ex.—l didn't see what happened be
fore they came up ; my eye-sight is good.
EZRA Cues; recalled .—I have the measure of
both ; Robinson's height is five feet nine and a
half inches. He measured tbirty-sis inches
around the chest ; Pofienberger's height is five
feet seven and a half inches, and he measured
thirty-four inches around the chest last winter.
LEAH Farm; sworn.—l know Susan Kerner
er : she told me that Wm. Rtffenbet,ger had
said to her,
all the while be came to see her, he
would kill Charles Robinson; can't tell when
she told me, perhaps some two or three months
ago ; since Charley was stabbed.
Cross Ex.—Am sure she told me this since
the affray happened ; it was in August ; I am
sure she said that Poffenberger had told her
he would kill Robinson ; she raid this to me on
the road from Clark's Valley, between Shaff
ner's and Simon's on the way to Dauphin ; she
showed me Poffenberger's likeness and that is
the way it commenced; she didn't tell me
that Robinson bad shown her a knife, pistol and
billy with which he intended to kill Poffenber
ger • she didn't tell me that she had warned
Poffenberger; she showed me a likeness of
Poffenberger, and then said, 0 yes, it is now
near a
.year since he came to see me, and he
told me all the time he came to see me that he
would kill Charley Robinson ; was called upon
by Mr. Clark, at the last Court, who sulptened
me ; I never told any one of this except my
parents; never told Mr. Lambertsn or Mr.
Fisher of this, but I expect Mr. Clark toll
-them of it ; I only went with Susan once tc
Dauphin and that was at the last Court_
Wuziem HaTrts, sworn.—Defendant objected
to the testimony of the witness, because the
plaintiff intended to introduce entirely new
matter ; objection overruled and witness testi
fies that about the end of April last ; before the
shooting affair, he was with Charles Robinson,
Joseph Sponsler and Snyder ; they went out to
Datil. Irvin's, and as they were coming home
saw a man at the corner of the field ; I wait
to the man to-see who it was ;it was Poffen
berger..; he threw - off his overcoat and other
clothing and said, I- am a s— of a b—, or ain't
so and.tio ; Poffenberger struck at me ; I warded
off the blow ;.Charles wanted to come up to
him ; I told him, don't raise a fuss here .
Charles threw off his coat and went up to PA
fenberger ; Poffenberger had his shirt sleeves
•open - andainwk-histhand Charles walked up
towards Bill ; I told Charles;
look out he'll cut
'you •• as. Charles came up to Bill, Poffenberger
raised up his arm ; I told Charley, look out