The Ebensburg Alleghanian. (Ebensburg, Pa.) 1865-1871, December 14, 1865, Image 1

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vn4ilKEIt Editor and Propi
I'i'nnv iiirrcuixsoar, iuiiisii
Editor and Proprietor.
yoLUME 7.
,-Rorted especiallj for The Alleghanian.
trial of Jo!in Gore for the Mur-
der of Policeman Ed. Holmes,
jB Johnstown, on the SOtli or
August, 1865.
r. ih Court of Over and Terminer for Cambria
; . frt i o?t rr. " .
Count', jjecemoer strut, iouj jvn. ucviyv
Taylor, President Judge ; Geo. W. Easley
end II. C. Devine, Associate Judges.
i. True Bill having been returned by
r i T . ., Inch .Turin fJnro'nnd
the urauu uuij "c"'u-" " -
Vharlcs llobinson, for the murder of IV
cemen Holmes, in Johnstown, the case
:ine before the Court on Wednesday, Cth
. 1 c . 1 ;
aslant, The counsel ior me prisoners
Vked or a separate trial, and the District
y.oroey elected to try Gore nrst.O At
Ll.'-past nine o'clock on Wednesday Dior-
Ling. Gore was accordingly brought into
YVart aud arraigned in duo iurni. lo
. indictment, the prisoner in a subdued
m of voice plead "JTut tut'lty," and ask
itobc tried by God and his country.
John Gore ii a young man about twen-
y-four years of age, in stature about five
cet six or seven inches, and as he appcar-
1 when brought into Court, neatly attired,
eanlv shaven, aud with a bright, intclli-
til i i
ent countenance, wou.d nave oeen tatcn
, - 1. .1 . 1 -
or anviuiuii but a criminal jiau uui ms
rows, either irotu habit or di-psition,
eat a contracted and sullen expression to
is feu tu res, winch, aidjd by a restless,
I Itft-I 1 " . 1
trt gray or iiaii-isazLi eye, muicareu a
ifosiiiou that would brook no contra
.ciiuu, aud a temper almost if not alto
eicr beyond hLj control. His manner
-as rather more that of a person uneasy
:,1 repentant than excited or nervous.
Edtrar.i Holmes was a married man,
,..ut thirty years of age. He was a
c'jiuet-uiaker by occupation, and for mauy
.iih worked in the 'different shops in
.'.hustown. lie was known as a jovial,
. .1 natured felhw, (as appears from the
liuiony, fund of gamiug and irohek
r, and was frequently in the company
the prisoner lor a considerable time
vious to his death. At the time of the
'.u occurrence, he was
actim? iu the ca-
it-iry or policeman tor Johnstown
avitig been appointed as buch by
'.urcs ocl? a lew daws before. He
wie, but no children. The wife i
..cucaiiCe at Court, aiid Iier ncf appears
Anow no bounds as the wuund.s in her
r-kU.tre torn open airesn bv the recital
J tit-.: witnes.-es of the history of the sjd
veat which deprived her of her earthly
rop aud fcupport.
111.3V, lo., and District At-
ivnts appear
e CtKiiuiou-
tbe defense h represented
by R.
WoUnitoa and A. Ivopelin. Es.
The process of tnipanncling
consumed considerable time. The excite
ment viub regard to the case had been
llied as iurvuitn had formed or evrros.
Vcd an 0:.init,n na tli n,.;if y ;n,
f the prisoner, which 'disoualificd them
ptom shuocr. Of thirtv-two regularly
f uiwuoDed jurymen, only seven were ac
feptcd and sworn in the cause. The rejr-
unire Leit: then cThaintfifl. th
f.ioraercd tho callini: of talismen.
ifie whole numhpr P.I 1 1 oil intrniAii r rl
wiiimeD, was S2 : of th ,rt ,m a;
Ijaaiiiied by reason of having tormed or
expressed an otiiuuni t..., v
fl j -Z T" C."sciculls scruples against cap-
i. & j vu.& A ' ' tXA tUlLl"
troai deafness " ",l1?.03 ?"?
ln Kx- ulJ Peremptorily cha -
heg(VmiPm0D,V tUree "cnged by
tne Commonwealth: anrl tv. 4f?.
named tweli
. i 1UHOW1H'
Ue sworn as jurors: .
OHN Rtav.
-'osKrn Shi,
James ekso.v,
Has Naole, Jr.,
s Kelly,
James A. Skih.v
James t. Evans, -
ii may be proner tn
M th ns.i .
ve. here, that
""AHstion bewff out .to Pter
the omh . "("""ieu an opinion us
he bar . j ,uuocence ot tbe prisoner at
,t; "u Br ne entertained
. -mentions ficrun es apainut h,r,wi
anient. r,w 'j.i.. Fuu
answer .Of the inrrmnn
i "jf mm
The Court held that
?f Jurvmaa was efficiently
The I J,UStlf his caenge for cause.
sfcd tw; Z.." TV?01 ,.eeun
u, . vuun examined the witne
fol!o0 . questions and answers, as
CSli?Mr; eyw, Could you
iu me nrat degree, where the
'ment would be death 7"
ltt? uia not. consider , thii an
"owini,. iucouu aQ proppsea tne
on tK ,'uu "J conscientious Bcrutdea
F tla Tct ot rendnng such a verdict
evidence would warrant it ?"
I should Bay;! havei'
The prisoner's counsel then proposed
the following question :
"Please to etate, Mr. Somers, whether
you have such conscientious scruples on
the subject of capital punishment as would
prevent you, if sworn as a juror, from
rendering a verdict of murder in the first
degree if such a verdict were warranted
by the evidence ?"
The juror answered " I could not say
positively, as I would not like to take life.
It might have some influence on me."
The Court held that the juroi should
not be placed in a position in .which he
might feel forced to do violence to his
conscience, and therefore decided that the
answer of the juror 'disqualified him from
serving on the jury.
Prisoner's counsel urged that the an
swer should be positive and unqualified,
and asked fer a bill of exceptions, which
the court granted and sealed.
At C o'clock in the afternoon, the pros
ecution opened. A jury having been ob
tained, District Attorney 13arne3 opened
for the Commonwealth in a speech of fif
teen minutes leugth, merely detailing
what the prosecution expected to prove,
without usin-j time iu displaying powers
of ihetorical or flowery eloquence,
traveling beyond the stern limits of the
case to abuse the minds of the jurors.
The father of the prisoner, Mr. Henry
Gore a highly respected and valued citi
zen who at at his side, as well as the
prisoner himself, appeared deeply afrected
ac the narraiive of the circumstances as
made by the opening counsel.
The testimony for the prosecution com
menced by calling Robert P. Linton, who
was sworn, and testified as follows : Am
constable of the Third Ward ir. the bor
ough ol Juhnstown j on the 29th of Au
gust last, I had a warrant issued by Squire
M'Kee to arrest John Gore j the warrant
said "John Uore, ore una otners -y
gave lb ft warrant to Edwin Holmes and
Joseph Oter the same evening, at Joe
fchosmakcr's house ; they agreed to exe
cute the warrant ; this was about 4 o'clock
in the evening; Holmes and Oster were
police officers, as I understood.
Cross-examined : Shoemaker's house is
in Conemat.h ; do not know how thev
were appointed, but saw th
in arresting
times ; the
meu uu ilie street :it dlttereut
warrant was directed to Amo.i 13. Davis ;
don't know fV-r certain which of the two
took the warrant out of my hand ; Holmes
had it next morning y saw a paper in his
hand that I supposed was the warrant :
he wanted me to take it : I did not read
; Holmes' residence was in Concmau
borough; Oster's was also in that borough,
ilcitrv Chambers, fcidorcd. called and
sworn : Live in Johuatowa ; um a barber;
on the day Holmes was shot, Charles
Robinson aud another young man came
to my bhop along with John .Gore ; came
to got shaved I believe : a little while
after that, Holmes cauie to my shop and
said he wanted John Gore; he put his
bauds on him aud said he was his prisoner;
Robinson then struck- Holmes two cr
three times ; in the scuffle Gore got away;
Gore made one bleach at Holmes but did
not strike hi in ; Gore fell to the pave
ment when ho struck at Holmes ; Holmes
backed himself out to the street, then
Mrcw hi3 revolver, and told them to keep
on ironi mm: uiu uoi near auy Liueuis
nor anything of the kind; Holmes was
standing in the door when he put his
hands on G-re ; then went off down street;
did not see Oster with Ho.mcs.
Cross-examined: Gore , appeared to be
very drunk ; he fell down when he made
tho stroke at Holmes; did not, sec any
weapons about auy of Gore's party ;
dee'd had a revolver ; don t mind o:
having heard anything said about a war
rant by any one ; didu't hear John Gore
asking dee'd it he had a warrant; did
not Fee any ; heard dee'd saying,' after
they backed out to the street, that he
would shoot them it they didn t keep
away ; dee'd appeared perfoiIy sober.
David Patten called and s.worn : Live mi
Johnstown; woik tor my lather, W ni.
Patten, cabinet maker ; on the day Holmes
was shot. I saw the prisoner, Mtooinson
and Ilessel going over towards the Island ;
they turned back and the prisoner came
up to the shop; M'Clelland told him noi.
to pass the Foster House, as Palmer, the
proprietor, was "going to shoot him ;" the
prisoner had some money in' hishand,
and said he was going to buy a pistol to
shoot Jlolmea before night; he asked
M'Clelland for two chair legs ; M'Clelland
told him he had none but what he wanted
to use ; the prisoner then came to my
bench and I gave him two chair legs ; he
said they wouldn't do; as they were too
short; he then went to Pender's bench,
who gave him three table chair legs; he
went down stairs, and Hessel cameup and
got a short one and then . went down ;
prisoner and RobinsoH then came up to
gether; Robinson wanted to trade me his
cap for mv hat ; this was the same day
the dee'd was shot, sometime in the morn
ing, about 10 or 11 o'clock : the prisoner
did not say what he wanted the chair legs
for: just cot them and, went out: then
weut down to the Post Office, and coming
Dack. saw a crowd at Jake Fend s saloon,
and 'stopped; .Mr;; Orr- was standing at
tho door . when . tho dep'd . came up
Q it told him to go down to the cellar and
arrest Robinson, as he was the prisoner ;
the dee'd went down and told Robinson
he "had to come Robinson said he
wouldn't come; then there was a kind of
a scuffle, when prisoner said to the dee'd
to wait until they had eaten their oysters;
he then got up and said "he must come,
must be!'' and then shot ; when prisoner
shot, the dee'd staggered back against the
counter, then ran out of the cellar; pris
oner ran out after him; when he got to
the top of the ptairs, prisoner drew a re
volver and said to Mr. Orr, "stand back
or I'll shoot you, too;" he then went up
street and I saw him no more till he was
a prisoner.
Cross-examined : Saw all this ; didn;
hear it; from where I was couldn't sc?
the prisoner shoot; knew the dee'd was
shot when he staggered back, "as 1 saw
him put his hand on his stomach; didn't
take notice who all were in the cellar,
but saw Robinson, Hessel and prisoner ;
dee'd had a club, didn't see him strike
Robinson j saw dee'd take out his watch,
&c, to have given his wife, after he wag
shot ; prisoner was not drunk, but had
enough to make him funny ; ho told
M'Clelland he was going tq buy a pistol
and shoot dee'd before night; think it
was a Colt's revolver prisoner had ; was
about 10 inches long, I suppose ; eaw it
in his hands after he drew it on Orr; he
said, "stand back, Orr. or I will shoot you
Su?an Gillespie (colored) sworn: Live
in Johnstown, on Clinton street, next door
to Mr. Chamber's barber shop on the
day dee'd was bhot, saw him walk up
street and cross over towards Dan Gough
nour's ; he beckoned to some man and
said, "come, lef us go over ;" this man
came with him to the shop ; heard a noise
and came to the door, just as. prisoner iell
on the pavement ; dec d said, "it you
pick up that rock again 1 11 show you
what I'll do;" prisoner said, ''Robinson,
d d brains out:" with that dee'd prV
up his pistol and walked down 6treet
prisoner then said "he d go down street
and buy a pistol and shoot dee'd before
night he swore there wa3 not a police
man in Johnstown could take biui ; he
said, "come on. with your police ;" he
weut down street and I didn't see any
more of him; after the deed was done,
saw the three conic up street, (meaning
prisoner, iiessciana itooinsonj; prisoner
"1 swore this morning 1 d have
before Dicht. and I have had it :
repoated that there was not a police
man in town could take him ; Robinson
and Hessel
were with him at the same
This was the
dee'd was tdiot ; heard the report that
dee'd was shot before prisoner and party
came up street; knew prisoner; didn't
observe if there were rocks laying about
tho street near the door of the shop;
prisoner tell nearly measuring the pave
ment ; he had been drinking, but couldn't
tell how drunk he was; dee'd had his
pistol in his hand when prisoner got up ;
he told tho prisoner if he'd pick up that
rock he'd shoot ; prisoner said, "Robinson,
hand me that revolver," but I didn't see
the revolver.
John Pender called and sworn : Work
in the same shop with Dave Patfoc ; pris
oner aud Robinson came up to the shop;
prisoner pulled out a roll of botes and
said dec d had pulled a revolver on fciin,
and he was going to buy one and shoot
him ;' he came -o my bench to get chair
runjrs ; told him 1 needed them: he then
went to another bench and
don't mind of him saying what he wanted
to do with - them ; this was about 10
o'clock in the morning.
Cross-examined : He pulled out a roll
of notes and said that dee'd drew a revol
ver on him, and he was going to buy one
ana snoot tne son oi a d ; Know me
men by sight ; prisoner was about one
half tight ; Robineon about three-fourths
tight; Hessel came up afterwards.,
- Mark Graham called and sworn : Saw
prisoner and companions the morning of
the shooting; saw, them on. the street by
Masterson's old. corner; prisoner and
Robinson went up. to Patton's shop and
caoe down with three chair legs ; one was
smaller than ,the others, like , a rung ;
prisoner went up to the one who had the
small stick and said it was no use, "for,"
said he, "the police have a warrant and
we may get into a fight to-day, and that
stick is no use, it is so little ;" he then
went up and got a larger one, the size of
the other two as near as I could tell ; the
three of them then started down towards
Chamber's barber shop ; heard no conver-
lation only what they said about the po
licemen ; this was about nine or ten in
the moruing, perhaps later.
Cross-examined: I was within eight' or
nine feet of the door when they came out
of Patten's shop ; saw Robinson and pris
oner go up and then came down with three
sticks; then walked down to the barber
shop: knew dee'd : prisoner and he used
to be irood friends; dee'd was a. man of
genial spirits : didn't see another person
with them at the barber shop ; have acted
iu .capacity of police.
David Patten re-called : Prisoner and I
were in the army together; we had a lit
tle difficulty : not much of a' one : it oc
curred in ' the army, v - -
Court adjourned,- to meet again at half-
past six o clock. " i
Atyht. Court met per adjournment at
six and a half o'clock.
Mark Graham re-called : Prisoner was
under mv custody while in Joh
assisted in bringing him to Ebeiis
(Mr. Johnson, for the prisoner.
here objected to Gore's statements while
in custody, being used as evidence. Tho
Court held that if no inducements were
held out to the prisoner to make state
ments, they would be evidence.)
Question by the counsel for the prison
er : "Had Gore been drinking before he
started from Johnstown ?" Answer : Tho
prisoner had been drinking; the liquor
was furnished at the "lock-up," and also
at the station in Johnstown; no induce
ments held out that I know of to him
to make statements ; heard no one sug
gesting it would be better to acknowledge ;
a young man got into the cars at Cressoo,
or the first station this side of Cresson,
and asked prisoner "what he was doing
with those wristlets on ;". prisoner answer
ed, "I shot Ed. Holmes ; the people say
I shot him ; it was d d good my pistol
didn't go off or I'd have shot more of
them;" don't know who the young man
wa3. '
Henry Chambers, (colored,) re-called :
After the party left my shop, they came
back again ; couldn't tell what time
elapsed ; they had clubs with them when
they came bacc.
Cross-examined : Dee'd wa9 not there
when they had sticks ; they went over to
the liquor store when they left my shop.
Daniel Goughnour, called: Live in
Johnstown, Clinton street, nearly opposite
the barber shop ; sell liquor ; dee'd was
in my store with about half a dozen others
ou moruing of day he was shot; there
was a noise across the way, and dee'd said,
" there is Gore and his party, and I have
authority to arrest them ;' he called on
George Beam, Jr., for assistance ; Ream
said he would have nothing to do with
them ; he then called on Krepps, who
went along across to barber shop ; dee'd
went into the shop and came out again in
a few minutes with prisoner by the collar;
his back towards me; Robinson then
struck dte'd on the head with his right
hand: then dee'd left prisoner loose, who
jumped back to the door; dee'd and Rob
inson then got in contact; prisoner then
struck at dee'd and missed him and fell
with head towards the curb; prisoner got
up and wa9 looking for a stone to hit dee'd
or somebody else ; then turned round, and
as he was gmng into the shop, called for
a pistol ; came out of the shop after a bit,
and dee'd had a pistol drawn ; said some
thing, but could not hear it ; both stepped
back ; dee'd to the middle of the street;
dee'd said. "If there is nobody here to
help, ' I'll go and get somebody to help
ii .
dee'd went down to the
Foster House ; prisoner and his party soon
left in the direction of Pattou s shop;
they went to the corner of the Arcade, in
which the shop was, then turned across
the street, then turned and went across to
Patton'-j - shop door and went in; I then
l l a : .
wen; to my nousc; in auout ieu unuuies
heard a noise again ; they were coming
along by Orr's shop; went towards Cham
bers' shep; they had sticks in their bands ;
they came as far as Chambers' shop ; went
in ; they were in perhaps 4 or 5 minutes ;
then came to my place and called for ale ;
I was busy and let on I didn't hear them ;
they called again ; and also the third
time; prfsoner. said, "J s U t, cant
we get ale; ' I brought up ale, tour tum
blers; they drank it; after which; prison
er remarked "by J s C t, 1 am going
down street to buy a pistol to thoot Ed.
Holmes, the son-of-a-b h;" they then
started down Clinton street; when prison
er called for a pistol at barber snop, can
not remember if he said he wanted-to
shoot Ed. Holmes.
- Cross- examined : Was well acquainted
with dee'd and prisoner; they were on
good terms before this; aidn't want to
give them ale, as 1 thought they had as
much as they ought to have ; they were
drunk for two or three days before ; every
time I saw them they were halt drunk ;
eaw : dee'd pull : his. revolver out of his
pocket just as they came out of the bar
ber shop, and before the prisoner, called
for a pistol; "he was within shooting dis
tance all the time, and said if they didn't
stand back he would shoot; did not see
any warrant.
Jonas Horner, called : I was in Johns-
town the day deceased was shot; was at
Goughnour's, before 'his door; heard a
fuss at the barber shop $: the first I knew
of it, des'd came over and asked Beam,
for : assistance ; prisoner and his crowd
came to Gougnour's and asked for liquor;
they made a fuss, and Goughnour told
them it they'd leave he would treat;
prisoner said dee'd had a .pistol, and he'd
be d d if he wouldn't get a pistol and
shoot him the first chance he'd get at
him; they started towards Main street.
Cross-examined : Prisoner said dee'd
had a pistol; he didn't say dee'd tried to
shoot him ; didn't say who began the fuss ;
don't know if they were drunk.
.'William Krepps, called: Was coming
along: by Goughnour's; met dee'd, who
said, "Bill, here ; (saw prisoner over at the
barber shop,) help me to arrest him ;"
says I can't;" he said I'd hav& to as
sist him.. .We .went to the barber shop,
and dee'd went in, Jaid hia, hands on the
prisoner's breast, and said "you are my
prisoner ;"-brought him to the door, and
a nt, iu u'u, my ijoiu ; puc mv tiai;
on his right arm ; Robinson then "struL
at me; next blow he struck i-.f, dro'd; ti c: j
nr. tin ll 1 1 VI .1 . ,
was a 20od deal ,f pfii-Tiin." .
insoa and dee'd:
pns ):
ij (;
them, "give me your pistol ;''
haint got it;" pri.;. r;-:r s:u.l
buy r. pistuii and shoot t!i ..o:-
dee'd had dravr.i his pii -1 an
-:;-o .1 ;
to.u tnom
to stand back or Wd shoot them ; couldn't
eay how often Rjbiusou struck dee'd, but i
more than once; he, the de-j'd, drew his
pistol after he was struck.
Cross-examined: Didn't see thenrison-
er falling on the pavement; didn't see any
warrant shown by dee'd : didn't hear the
prisoner tell him it was the second time
he tried to arrest him without a warrant ;
the party were a little drunk often saw
dee'd and prisoner together; aaw them
playing cards together; dee'd was work
ing for Orr in the cabinet shop about the
time of the difficulty; thought dee'd was
a policeman ; he was looked upon as such
by me; he lived in Conemaugh borough;
heard he was a police officer about a week
before this.
Jacob M. Swank, called: Keep a hard
ware store in Johnstown; on the morning
prisoner wa3 shot, three men came into
my store ; it was about 11 o'clock : didn't
know them at the time, but learned their
names afterwards; prisoner was one of the
party ; he asked me it I had any Colt's
revolvers lor sale ; said 1 had : aseeed on
the price for a four-inch six-shooter; they
then asked me to give them a round of
ammunition ; prisoner put in two or three
loads, and then asked me to put in the
balance, which I did; all the barrels then
were loaded ; Robinson asked for a "ban
dy billy'' or "black jack ;" showed him
one, which he took : prisoner said he'd
pay for it ; they were going to start away
without paying for it, and I followed them
to the door and jerked the billy out of
itoDinson s hand ; prisoner said he d put
a bullet through me if I didn't look out;
tney brougnt sticks with them, and left one
or two; the pistol was capped; he paid
Cio.uo ior pistol.
Adam Biershank, called : Am a clerk
for Jake Fend; attend in the oyster sa
loon ; the day Holmes was shot, prisoner,
Robinson and Ilessel came into the sa
loon ; prisoner called for oysters ; while
eating them, four or five other meu came
in and called for oysters ; deceased and
Oster then came in ; the former walked
up to Robinson and showed him a piece
of paper, saying that he had a warrant to
arrest him; prisoner said, "G d d n
you, don't arrest him ;" deceased stood
alongside of Robinson; prisoner said, "We
are going to eat our oysters first," and
asked deceased and Oster to take some
thing to drink; Oster drank a glass of
ale, but deceased did .not drink; before
they had finished eating their oysters,
Robinson and prisoner jumped up; can't
say if former struck deceased or not, but
they closed together ; oeceased had a club
along, and struck lor prisoner; struck
him on the shoulder; prisoner then drew
a pistol and shot him ; they were four or
five feet apart when he shot ; he held tho
pistol down at Holmes', brcapt when ht
shot; didn't see deceased going out, but
did see prisoner ; deceased had club about
two feet long; he held it in both hands,
one hand above the other; deceased said
he had a warrant, and showed a piece of
paper; there was a kind of general scuf
fle going on when deceased struck priso
ner; when prisoner went out, I went up
the steps and saw him talking -to Holmes;
couldn t tell what was said; saw deceased
afterward lying in Fend's back yard.
Cross-examined : I don't think the par
ty was under the influence of liquor; dou't
know if they got anything to drink at my
place or not ; didn't hear Robinson saying
he wasn't the man : the trouble com
menced between Robinson aud dee'd ;
prisoner didn't strike dee'd until he and
Robinson were quarreling ; didn't see
dee'd strike Robinson; 1 only saw one
stroke ; dee'd was about the size of pris
oner; prisoner didu't fire tho pistol loose
ly; didn't take aim with his eyes; dee'd
said warrant was for Robinson and pris
oner; didn't say what the wanant was
- John C. Fulton called and sw.orn : This
witness substantially corroborated the tes
timony of the preceding one, and testi
fied additionally that when dee'd was go-
mg out n3 Knoctcd tne stove over, aua
that prisoner followed him up ; prisoner
held revolver about as hijrh as a man's
breast when shooting, and seemed to use
it without losing his presence of mind ;
can't nay if prisoner struck or took hold
of dee'd, nor if the latter read the war
jross-examinea : ucc a uaa a cmo in
his hand ; it looked as if it would knock
a man down ; didu't see him strike Rob
inson ; saw dee'd strike prisoner on the
shoulder; not hard enough to knock
man down ; immediately alter, prisoner
fired; couldn t say prisoner was drunk
he might have been drinking.
Court adjourned at 9 o'clock, p. m., till
Thursday morning.
Court met at 9 o clock, a.m.; testi
mony for Commonwealth resumed.
.Edward Stark called aud sworn: (We
merely give a synopsis of this testimony
as it was generally the same as preced
ing witnesses'.) Vben dee'd put his hand
. i ...
V 1-
oulder, the latter said.
k the spots off you;"
quiet; that they'd
V 'J.
sivj they were done
i ii i .
a waisea towards the
or v. ueu pri o::-.- miM, "don't bring in
ci-owd, cr onjeDouy will be hurt;" when
;ne eating oysters, the prisoner turnd
round and walked to the middle of th
floor and stood there; Robinson turned
round and said. "Holmes, I'll be d d if
I go with you ;" dee'd said, "I'll be d d
if you don't;" Robinson ran at dee'd;
couldn't say that he struck him or caught
bold ot him ; dee'd then struck at Rob
inson with stick ; Robinson thro up hia
hands, and Tthink the stick took him: on
the shoulder; dee'd aimed at his head;
he then attempted to strike him again,
but Robinson pushed him back, and the
prisoner then turned and shot him ;
couldn't say how far nrisnner win fmm
dee'd when he shot, but judge about six
In the cross-examination
was elicited.
nothing new
William Reese, called: (We omit that
part of this witness' testimony merely
corroborative of the last one.) I was in
the saloon the day dee'd was shot; saw
dee'd give paper to Robineon, who looked
at it and said it wasn't his name ; prisoner
also looked at it; he said they'd come as
soon a9 they would eat their oysters; dee'd
commenced beating Robinson with a stick ;
was passing so near that I was afraid I'd
get hit, .and threw myself down on the
floor; I heard a ehot and lookiug round,
saw the prisoner with a pistol in hand up
to his breast; didn't see any weapons with
William Stark, called: Was in Fend'a
saloon at the time of tho shooting, with
the party named before ; Gore, Robinson,
and another young man were there; spoke
to the prisoner, and called for ale for. him
and his party; our oysters wero placed on
a counter facing door of cellar; saw dee'd
and Oster enter; (the balance of this tes
timony is merely corroborative of the fore
going.) Robinson said his name was
Lot spelled right in warrant, and that he
wouldn t go with deceased.
AVilIiam Orr, called and sworn: Am
Burgess of Johnstown; wa9 standing at
the head of steps leading to Fend's cellar
on the day when the shootiug-occurred;
tiad previously met Oster and dee d; I
was going up the street, they going down ;
(counsel for defense here object to hear-
ng conversation between witness and par
ties previous to the affair. Commonwealth
propose to prove by witness that he was
of Johnstown borough at the
time of tho occurrence of the shooting
that in the capacity of Burgess, complaint
was made before him by Holmes that
Robinson had resisted him, Holmes, in
the discharge of his duties as policeman.
hat he had issued a warrant directing
Holmes to arrest Robineon and that at
the time, Holmes was a special police offi
cer appointed by the witness. Objected
to; first, that the witness had -no authori
ty to make such appointment, and if he
had, and did, he is himself not competent
to prove the fact to prove his authority,
and what he did. Court overruled the
ltucss proceeded : On mornmcr of
day when Holmes was shot, deceased came
to me and said that he had undertaken to
arrest prisoner, but that Robinson had
alien on him, torn his clothes, beat him.
and rescued prisoner out of his custody;
him a warrant lor arrest of Robin
son lor intertering with an omcer in the
discharge of his duties ; he took the war
rant away
Question : Was Holmes a policeman r
Answer : I swore Holmes in as a police
officer for Johnstown boro. on the 28th of
last ; had sworn Oster in a few
days before that.
V ltness proceeded : About 11 o clock
on the day I issued the warrant for Rob
inson s arrest, I met Holmes and Oster in
the street at' Yeagley's corner; they told
me they were going to arrest Robinson ; I
told them he was in Fend's cellar, and -
they'd better have more men with them ;
they went down aud I afterwards went
down ; tney were in tne cellar when 1 got
there ; I was standing at the head of the;
cellar steps on the upper steps; could
fce the parties, but could not now tell all
they said; dec d came up to where I was
standing and s,d, "Robinson says this ain'c
his name; does it make any difference V
told him it there were not three letters in
his name iu the warrant, to take him, if
he knew hiui to be the man; dee'd went
back to Rubinson and told him he had to
they then got into a scuffle ;
tho shot
ee much was
but couldn't reo who fired ; dee'd ame
running up the eteps and passed me with
out speaking; he had his hand on the side
of Lis breast; he went into Fend's front
entry door; I stepped back to Fend's
store door; Robinson and prisoner eamo
up stairs tgethcr; the latter had a pistol
iu his hand which he was flourishing over
his head ; Robinson was clinging arnuad
prisoner, patting him on the shoulder ;
prisoner looked at me and said, "I'll shoot
you, you d d son of a b , too;- now
come and take me if you dare ;" ho then
backed out to the middle of the street
and called on me a number of times to
come out and he'd shoot me, too ; they
then went away, up Clinton street ; I'
then went back to the yard where deo'd.
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