The Alleghanian. (Ebensburg, Pa.) 1859-1865, March 17, 1864, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    ... 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