... i X. 4. DARKER, Editor and Proprietor. j.TODD IIUTCHIXSOX, Publisher.; I "WOULD RATHER BE RIGHT THAN PRESIDENT. Hexut Clat. TERMS-2'00 PER IS1.50 IX ADVAXCE. :Srw? 1 ; --i ft ill : ? 1 I : t I VOLUME 5. rRenorted especially for The Allcghanian. A SECOND SICKLES TRAGEDY OT-ani r iviconh Hoorc for tlic A i iai va. Murder of Jordan Marbourg, nt jnimslouu, February. 13tli, lSGi. 7 ific Court of Oyer and Terminer for Cambria March Term. 1864. Hon. Geo. Tay lor. President Judge; II. C. Devine and. G. IF. Easly, Associate juajes. A few weeks since, we gave the partic ulars of the killing of Jordan Marbourg, a prominent citizen of . Johnstown, by Joseph Moore, Auctioneer, of the same place. The provocation was the alleged intimacy existing between the former and the wife of the latter. Tbe case came before the Grand Jury of. this county on the afternoon of the 7th inst., who, after an absence of a few hours, returned a pre snnfmrnt of willful murder " asrainst the defendant. '.' THE COUNSEL,. Ia addition to District Attorney P. S. oon, the counsel for the prosecution mmnrised Gen. Henrv D.' Foster, of r - " Grec-Dsburg, and Messrs. Potts and Kopc lin, of Johnstown j for the defence, Messrs. R- L. Johuston, of Ebcnsburg, Pershing and M'Laughlin, of Johnstown, John Scott, of Huntingdon, and Billings G. Childs, of Pittsburg, appeared. TIIE PRISONER. At 9 o'clock on Tuesday morning, the prisoner was brought into the dock. The lew weeks which had transpired since the commission of the awful deed, had made a slight change in his appearance. Con tinual brooding over the crime; the great provocation under, which it was committed; and the sundering of those social ties which, wreck' the happiness of the home circle, accounted, doubtless, for. his sub- uueu manner, ana a gsnerai ieeung ct commiseration was excited in his behalt. Mr. Moore ia a man of medium size, fine, fiorid complexion, and very handsome appearance. . He is about 35 years of age! Shortly after the prisoner was brought in, at 9 o'clock, Tuesday morning, the process of cmpanneling ' - ' TIIE JURY was begun. .-The regular panel was ex hausted about 11 o'clock, and but seven jurors secured. Twenty were challenged by the defence, twenty-three for cause, and four by the Commonwealth, when Court adjourned until . 2 o'clock ; the Sheriff ia the ' meantime having been instructed to summon twenty-four talismen. At 2 o'clock, Court opened, when the tu:incs3 of completing the jury waa resumed. But three men were secured cut of the twenty-four ; when a writ of tnitre, empowering the Sheriff to summon twelve more talismen, was issued, and. at twenty minutes past four, the twehe men who were chosen to fulfil the solemn 'duty l passing the sentence of life, or death, upon the prisoner at the bar, had been cmpanneled. Their names are as follows : ftlii O Xeill, T 1 . .' John Lantzey, Jacob Klrkpatrick, Charlc3 Owens, Timothy Hunt, John G. Trenkle, . Cornelius Morris. -itae3 ilortlind, Join Yaliner, Jncs Gallagher, Becrv Up nil The case was opened by the' usual pestion being put to the prisoner, ot ''guilty or not guilty V He answered, Ja a clear and distinct voice, "Not Guilty" M'lj in accordance with the usual form, demanded that he should be tried "Ly God his country ." During this impressive scene, and while the prisoner was standing v the desk, nearly every person in the falsely ' crowded room . Etood . up, or taned forward to get a. view of the pris- ' THE PROSECUTION. ' The case for the prosecution was opened kjGen. James Potts. . He commenced by 4 description of the terrible consequences cfthecrime the prisoner was guilty of, in aiming his hands in ; the , blood of a k!low man, and sending an immortal soul to the judgment seat of" God' without a lament's warning.. ' What must ' have Jea the feelings of the prisoner at the jr when that awful charge wa3 read to hln, and the question asked,' "how he !uldbe tried I" .", Ills answer was, "by W and my country;" by the Great J5?aovah who.'amid the lightnings' of unai, enunciated, the' command "thou alt not kill," and who said "vengeance , ne.'f ; The prisoner has recognized human power, which 13 the power gained of God, when he demands a trial .3 ''God and Lis country," and the issue 1 ?oa joined. In alluding to the' jin- rire scene of empanneling the jury, J remarked that the prisoner had every vta?e of securing an impartial ' one, tJ toe law permitted him to peremptorily challenge twenty, and as many more as he could show just cause for. The prisoner was. told to look upon the juror, the juror upon the prisoner, and in that single look, if he imagined the juror might be unfa vorable to his case, he might challenge him, and his cause be not demanded. No man could enter that box without divest ing himself of all prejudice, and if any man did perjure himself by. retaining a prejudice, in spite of the evidence, that man was giving a common license to his followers to go out upon the highway and murder at will.' If there be a doubt of guilt, there must be an acquittal , but if the evidence given here satisfies you that the crime has been murder, then by your solemn oath you must render a verdict of guilty. You must not take as evidence newspaper, opinions and reports; these must make uo impression whatever upon you. And pray to God that you may have grace and strength to do your duty to the prisoner at the bar. This case is dissimilar to the majority of murders. There is no mystery enshrouding it. The killing was done in the broad light of day, and in the presence of witnesses, and I think for a diabolical and cruel act it has no parallel. The manner of the killing was here described, but as this will appear upon the evidence, it .is unnecessary to transcribe it. Copious extracts from the Common Law and Pennsylvania Statutes defining and applying the crime of murder were read, when he closed by remarking that he did not deem it necessary to enter into any extended argumentat theopening of the case ; and if, ar the conclusion of the trial, any doubt should exist in the minds of the jury as to the guilt of the prisoner at the bar, it was their duty to give the prisoner the jenefit of that doubt and acquit him. Gen. Potts spoke about one hour. TESTIMONY TOR PROSECUTION. The first witness called wa3 -George W. Wehn, who, being sworn, testified as fol lows : On Friday morning, 12th day of February,. 18G1, 1 came to my place of business, on Franklin street, near Pest bhortly auer, noticed Moore standing at Frazer's drug store. Mr. Silberman came along,' and remarked that he thought Moore looked very much excited. ; Moore came over to my store, and 1 asked him to come in. - lie took a seat near the stove, ; lacing the doisr. I.' asked him if he had read the account of a battle , near. Knoxville ; he said no ; so I commenced reading it to him. Was in the store about half an lour, and I thought he was paying atten tion to what I was reading, when he got up hastily and went out; I laid down the piper and went to the door, and saw Jordan Marbourg coming out of the Post Office; Moore caught him by the coat collar, and told liioi that bis wife had confessed al' that lnornins, and bejran to cry, appealing very, much affected; he told Marbourg to get down on his knees and repent, for he had ruined him (Moore) and his family. I think Marbourg said, "Joe, it is not so." Moore told him it teas & that he had found out all that morning; he said, "I hate to have .your blood on my soul -I have always been a professor of Christianity, and -think I would be justifiable in killing you." Think Marbourg replied,"I am innocent." 3Ioore pushed him up against the build ing, when the lattcr's hat and wig fell off, saying, "I oup;ht to shoot you ; while I was out fighting for my country, you seduced my wife ;" Marbourg made a ges ture and said something; don't know what he said. George Thomas, who does business next door to me, then came up, and said we had better take Joe away, but I" thought we had better not interfere. Just then Moore stepped back a few paces and fired, the ball striking deceased in the head; while the body was in the act of falling, another shot was fired, taking effect I think in the head ; after deceased had fallen to the: pavement,' -i with his; head towards the curb, Moore fired two or three times in rapid succession; he then put the pistol in his pocket and walked ; toward the Mansion llous?, saying he wanted to give himself up. When he held Mar bourg against, the side of the building, think he hit him. a slight tap with the the pistol, saying, "I ought to shoot you, but dou't like to do it." Deceased made nc resistance whatever, and looked fright ened and paleM The distance from my 6torc to the Post Office is about fifteen feet, f A: photograph of tho1 locality was here submitted to the jury and identified by the witness as being correct. The pistol used was an, Allen revolver, six barreled.. : Prisoner, mado use of profane language seven or eight times; have tnnwn him about eicht years, and never knew hiui to'swpar before. His place of residence U about- five squares from , the scene of the killing. v Nothing elicited on cross examination. ' Court adjourned at 7.10 o'clock. 1 EBENSBUE,G,-PA.,-THUIISDAY,;MAEjGH 17, 1864. SECOND DAY WEDNESDAY. Court met at 9 o'clock, when the trial was resumed. . Ueo. J. I nomas, affirmed : On the morning of the ,12th of .February, I heard a loud voice outside my store re mark, "You a n of a b h, you have ruined me, and my family ;" went to the door and saw Moore have Marbounj by the collar, pulling him back and forth; in his right hand he held a revolver. I went to Wehn's store, next door, and said to George Wehn that he had better take Moore away, as he niisrht shoot : he rerdied he thought there 47as.no danger, for ho didn't think he would shoot. Understood Marbourg to say he was innocent of the charge. Moore hit him a little tan on the forehead with the ttistol. savin"- that "while he was in the service of his country, iUaruourg had seduced ras wile : he then stepped back a pace, and holding up the done. v hat I mean by "terrible re rcvolvcr, took aim and fired, the ball vengo'is, that I had previously heard ftrikin; Marbourrr in the forehead! ho of the difficulty existing between he continued uring as larbourg was falling, and after the body had reached the pave ment, he stepped .'jack and, taking aim at hb head, fired twice. Moore then walked away, and passing mc remarked that "Marbourg had seduced his wife even in his own, store. Deceased was a man of family, having a wife and nine children ; prisoner ha3 one eon, about 1G ycar3 of age. The former I judcre to have been J about 45 ycar3 of age, was well formed and . weJI built, witn llorid complexion, slight whiskers tinged with grey ,aad wa3 about 5 feet 7 inches high. Cross exam ined, but nothing materially different from the above elicited. Howard J. Roberts, affirmed : Was in the office of the Tribune, on the morning of the. murder, when one cf the- boys remaiked that a fight was transpiring below . Went to the window and recog nized Moore and Mai bourg. Saw the former, fire, and the latter fall, whon T left the window. Have known Moore for about, seven years, and never saw him angry before. He appeared frantic while talking to Marbourg. . Cross examined ia chief : What I mean by "frantic" is, not as he generallly con ducted himself.' ... Dr. John Lowman, sworn: On the loth rc-bruary, made an examination of the deadbody,and discovered five wounds, which I believe to have been gunshot or pistol wounds. I did not make a disscc- lion of tbe body. I found one wound entering the left side of the head parallel with the left eye, the ball passing through the lront portion of the brain. The effect of that shot would produce death. The second wound was in the left breast, about half an inch from the nipple, and near the left luug. This wound may not have been fatal. The third wound wag on the back portion of the head ; a mere flesh wound, and not injuring any of the vital parts. The fourth wound was cn the back of tho-neck. rassin! through and lodging somewhere ia the under iaw ; this wound may Dot have been fatal, as it escaped the blood vessel's. The fifth wound was a flesh wound, passing through the upper part of the left arm. There wa3 a slight contused wound on the ricrht side of the head. Cros3 examined : - Moore was of a san guine or nervous temperament, and it is j an admitted fact jy physiology that such I are easily excited or deranged by great emotion. John M. Bowman, jsworn : This tes timony was corroborative of that elicited in the cvideuce of Howard J. Ilobcrts; it is unnecessary to repeat it. Charles Barnes, sworn : Nothing im portant was elicited from (he evidence of this witness. , ' ' ' Wesley J. Wilson, sworn: On the morning of the 12th February, was walk ing down Main street to the Post Office and saw Marbourg coming up and turning in the same1 direction ; he was about SO lect in advance ot me. When I got to the Post Office, saw Marbourg and Moore in. the entrance; the latter appeared to be taking hold of the former by the collar with his left hand, at the same time charging him with hiving destroyed the peace and happiness of .his family ; Mar- bourg replied that it was not so, that 'he was winoccnt, and that he would ro thro' a course of law. with him. Moore had by this time got very much excited, and did not appear to notice Marboarg's replies. I then went into the Post Olfice and told the assistant ;Post-master that these two men were at the door ; we could hear the prisoner swearing aud calling the other hard names. ' ' -cu , r 1 'Dr. A. J. Jackson, swern : Was walk- lng irom my omce toward the Mansion House, rection having been attracted in that di- bv hearing a screaming voice : heard fshot3 fired from the direction of the Post Office, and looking over 'recognized Moore as the man who was firing ; did not go over then, as I had no desire to see a man in the agonies of death, but'turned and walked a few steps in the opposite direction.' , After the commission of the "I '" 11 1 . T muruer, prisoner waited to where 1 wa3 standing; I said to him, "Joe, this awiui it is a terrible revenge : he said he didn't care a G d d n, that Mar bourg had ruined him afirdr his family, Think I told him he had better jrive himself up; he said he would; I said it "a3 tQe host thing he could do. lie then started towards 'Squire llutledge's office while I went to assist in carrying the body of deceased off the street. We carried it as far as Butledge's office, when I sugges ted the propriety of taking it in there, bu: on trying the door it proved to be locked aQd the 'Squire came to the window and shook his h?ad. A message shortly ar- rived from the wife of deceased, requesting tie body to he taken home, which was parties. Irrin l:nf 1ir'nrn sworn Was in my. oluce on the morning or the 12th ol February. The noise outside attracted me to the door ; looking out. I saw the prisoner coming toward me; as soon as I noticed him, lie spoke, sa-ing he came to surrender himself into the hands of the law, as he had shot Marbourg : he took my hand and stepped into the office. I asked -him why he had done the deed ; he said because deceased had seduced his wife. Xoticcd the pistol in his pocket, and told, him to surrender it, which he did. lhe pistol was here produced : it is known as an Allen repeater, six cham bers; five of the chambers had been discharged, and one was capped and load ed. ' It was taken possession cf by the Court.! On his own confession, 1 com mitted him. Asked him while in the office why he didn't think before he com- mitted the act;, he replied he thought God would forgive him for what , he had done, for Scripture pointed out that a man who committed adultery should die. 1 asked firm if there was no one present when he shot deceased : he answered, "O llutledgc, why diduVsonie one inter fere 1" Fvery few. minutes he claimed my protection, and wanted the pistol airain to defend himself, as he was afraid of Marbouru's friends. He was pravins to God to forgive him. He said that all he asked was a fair trial. He wanted me to go with him to see hi3 wife, but I refused, lie looked like a man just cooling down from anger. f . . Ctfl. T. L. Ileyer, sworn : Observed the commencement of the quarrel from a distance, but not wishing to become witness to it, did not go near. James F. Campbell, sworn: Came out of my office when I heard the shot ; assis ted in conveying the body of deceased homo; think it gasped - once or twice when we raised itip. l-rancis bloan, sworn: Assisteu in carrying the body home. John 1. Barnes, sworn: Have been acquainted with the deceased for 13 or 20 years ; his voice is pretty strong, and when raised to a high pitch becomes shrill. A photograph of the scene was here submitted in evidence by the Common wealth. ' . Thompson Kimmell, sworn : Prisoner came to me on the Gth February, and said that he had heard I had seen Mar bourg and his wife in close quarters ; I said it was not so, but would tell liim what I did say; 1 then told him j.hat I had seen Jordan and his wife on the street near Geis' store, that they walked oft. together, that I didn't know where they went, but that some time after I saw deceased-come out of tbe alley at Geis. The prisoner said this was bad enough, and if true he could settle with Marbourg in a minute. ' On the tl), they both came to my place of work, and the prisouer asked me to repeat my story to Marbourg; I did so. : The prisoner then turned to him and '.said, "if this report is true, I would kill you in two minutes." De ceased said if he had injured him or his family, he would willingly bare his breast to him. The prisoner asked me as to what caused me to notice, the two so nartictilarlv : on m retd vine that I did not like to tell, -they both said I should not get into trouble about it; I then said it was from: surmises I had heard with regard to them. The prisoner asked me if I could give him the exact date of the time ; told him ho could ascertain it from au entry of several arrests, made the same day, at the Burgess'. office. They talked a little longer," and went off together, lhe nextdy the pnsouer told me that he had found the date to be. the IGth of January, and that ho thought I. must be mistaken, for he had persuaded his wife, against her will,, not; to go; to church that. night, because she had complained of being sick; told him I was positive in refcieuco to what I had informed him. Thb witness was subjected to a rigid cross examination, but did not vary from the foregoing state ment:. Adjourned at 7 o'clock. THIRD DAY THURSDAY. . Court opened at 9 o'clock, A"M., and case resumed. J. K. Hire, sworn : On the evening of the 5th February, 1SG4, the prisoner called me out of the store of D. C. Morris, in Johnstown, and asked me if I had heard any report at Stoystown, or Johns town, in regard to the alleged connection between his wife and deceased; told him that I had heard something from tbe pd lice officers, but thai they were not always to be . relied on. He thought it was a slander on his wife, but said that if he found them guilty of the alleged crime, by the eternal God he would kill them in their tracks, or the slanderer, if the story were false. Cross examined : The prisoner and myself have been intimately acquainted from infancy. This was the only time I had ever heard him swear. He was out under my command in the nine mouths service. At this stage of the investigation, the prosecution rested. THE DEFENSE. The case for the defense was opened, at 9 A. 31.. bv Billing G. Chilis, of Pitts- burg, who spoke substantially as follows: "Gentlemen of the Jury ltdevolvesupon mc, the youngest member ct the bar engaged, to tell you the simple, unvarn ished tale of the much wronged prisoner, and I would ask vou to weiirh it well, for this is probably the most serious case you have ever been called upon to decide. You will remember that a short time ago, upon one ot the most public streets of Johnstown, the bright rays ot the morning sun fell upon the lecherous body of the adulterer, Jordan Marbourg, and bore back to heaven the piteous tale of the poor, crazed, broke'n-hearted prisoner at the bar. You all remember the time when your faith was plighted ' to the different women of your choice when pure, and imple hearted, they pledged to love, honor, and obey you alway3. To you the sky revcr looked brighter, nor birds sang sweeter, than then. So it was with the prisoner and this abandoned woman. They lived in happiness for many years, and the first fruits of their happiness, a son, was born unto them. 10a who nave children know how you watch their budding infancy, and how 3-our fond hopes are centered upon them. The pa- reut was poor, but henest, and respected aboring by the sweat ot his brow for his daily bread. He possessed these traits which made him esteemed and respected by the people of his town. Let a man be lonest, and upright, as the prisoner lit. as the prisoner has nrnr linnn gml li a will ifivr t h ft fi vmn:I ill V of all who' kuow him. This was the life of the prisoner until the lecherous eye of. Jordan Marbourg looked in upon his earthly paradise. , Just God I breathes there a man who can thus enter the social deu of a family and rob it cf its peace and rr 1 -! 1 1 1 happiness : me coniiamg nusDanu went t orth to battle lor his imperilled country a . risfhts and liberty, and from that moment I dates the foul wrong done him. Mar-. bourg had accumulated a fortune, but in this country money does not shield a cor rupt heart. Ho also had a family a wife, children. Ingeniously he worked his plot. Ho gets the boy where bis eyea may not observe the mother's overthrow by persuading him to enter I113 store ; but there is still a danger, and he at length makes the boy sleep in that store. There is another yet in the family, a young niece, simple and honcst-hcartedj go where they may, and disguise their doing3 as they will, her eyo appears to follow and read them. And at length, in that house, she discovers them in the very act of adultery. He seeks to buy her silence, but is not as successful as he might wish ; she writes to her parents about the matter. I do not wish to tread upon his grave with aught of contumely. Although when he wrongs the prisouer, he wrongs you and mc, and all of us, I hold no resentment against him, yet here the truth must pre vail. "After his long absence, Moore relumed to his family. Soon he heard reports of meetings in houses, and distant places, between his wife and Marbourg, where they had passed themselves as man and wife. He tracks these rumor3 with avid ity, seeking their truth, but still placiug confidence in the wife of his. choice. Different witnesses have testified to you his excitement, and that in him at that time they could not recognize the Joseph Moore of childhood. Gentlemen, I apply the case to yourselves. Were you to hear rumor3 of a Jordan Marbourg defiliug your bed, and finding them to be true, would not your reason totter, aud would UMBER 25. r not this wrong burn and harrow your very souls until you would wash it out in the blood of the adulterer ? The able counsef on the other side has told you that one of the principal ingredients of murder, was sound mind and discretion, and you are to decide if this be the case' hert. Great God ! if there is a mind that could live under all this, then indeed it must have been a remarkable one. We are prepared to prove that several mem bers cf the prisoner's family are insane, that he himself is of strong emotional feeling, and that men constituted like him are liable to insanity. All- this led him to think in his madness that the Fountain of 3Iercy would justify him in the act of murder. The Scripture says "the adulterer shall die." It is. true there is a command, "Thou shalt not kill," but then there are two others which say, "Thou shalt not commit adultery," and "Thou shalt not covet thy neighbor's wife." s "The gentleman proceded to briefly re capitulate the evidence, they intended laying before the jury, and also read a number of extracts from eminent authors upon the subject of insanity. And in conclusion, thanking the jury for the patience evinced by -them, he said that" the prisoner required no embellish ment of language in this, his plain and unvarnished tale. He entreated them to" give the case .their utmost attention. Their presumption was that he is innocent until proven guilty, and if after all, there is still a. doubt in their, minds of his guilt, they are bound by their oaths to give him the benefit of that doubt. Lastly, let their verdict be tempered with mercy." Mercy is the paramouut virtue be'fore which aU others siuk into insignificance ; therefore forbid not this element to enter into your councils. The day must surely come when we must all appear before a merciful judge, and a tenfold greater judgment awaits us than can possibly at tach to the prisoner at the bar." . : . TESTIMONY rOS DEFENSE. The fir?t witness called for the defense' was Albert B. Petriken, sworn : Am assis tant Post Master at Johnstown ; was in the office on the morning of the 12th Feb ruary, when the noise cf the disputants attracted my attention ; I let down the upper sash of my window, and leaning over looked out ; recognized voice as sayin: "iNo niau can Jo that with mc," and saw him etrike Marbourg in the' face with the revolver. Prisoner looked wild and desperate through hi3 eyes. The' distance from where I was standing to the prisoner was about 8 or 10 feet. This witness' testimony in regard to the killiDg was similar to that of those who preceded him. Cross examined closely, but nothing further elicited. T Oril ITU f xur. cuutTuim, sworn : vnen 1 wa Sng to the Post Office on that morning, eaw me proncr standing a: irazer's wiun , x ntn uu iu m cuu t store, and remarked to George Wehn that he looked just a3 if he wanted to kill Marbourg that morning ; he looked very much exci ted, and I was frightened at his appear ance. While we were talking he came over; I said "good morning" to him and left. His faee looked wild and his eyes' large. m John Slick, Esq., sworn : Met prisoner that morning at Post Office ; spoke to him, but he didn't appear to notice me; hi eyeballs were wild, and I was startled at his appearance. He went to th inner door of the office ; I came out and opened a letter to read it, when Moore came out, walked to the corner, and looked up and down the street ; observed his eyes again as being'very red. E. Shaffer, sworn : This evidence was a repetition ot that adduced irom other witnesses who were nigh at the time of the killing. John" S. Moore, sworn : I am a son of Joseph Moore, and am 1G years of age. Deceased spoke to me of going into hia store just after father went to the army; went into it on the 7th of March, 1863 j remained with him about six mouths, two of which was after father's return from the army. He said if I would stay two years he would give mc an interest in the store, and on lather's return he would start him and hii own son in business, with a capital of 1000. Ho also told father on his return that he had not business enough goiug on, and that he" would start them. I wrote to the army to father concerning the propositioa- he" made ; father came home before thej'were sworn out, and the nighi ho was goin away I went to the depot along with hirn; we met Marbourg at William's store, and he offered father some money, but father said hs didn't want it. Father and ho were vexy sociable, and he wa3 backwards and forwards at our house alter father came from the army ; he took tea at bur
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