: , - . . . . - , -mi ..... tit XnKEK. Editor and Proprler. OLUME 7." " v I WOULD RATHER BE RIGHT THAN PRESIDENT. Hexby Cut. AXMM. ADVAXCE. EBENSBURG, PA., THURSDAY, DECEMBER 21, 1865. NUMBER 10. 2"4 I tTec:.a!rfor.The Alleghaman.j , J hepottwi ; iHnilW PJIIIDnCfi THE rAUwiiiuiiuHi ,w,iu,-,u of uaniel Buser and Jolin for tlie Murder of rial n iioTser rollT Paul it! OF THE PRISONERS OF r,JirB.DIB IS .' TUK P1RST DEGREE 1" !v CI 10IJ )e i be TV f. 1U tini 18G-; e V4 Ian re tef loci rr'Df rriet Tbo. wb of. ord ,d flc nd e fc :rea;: fP icr i pre rolor ti tt X rULL AND CORRECT REPORT. ,y Cort of Oyer and Terminer for Lambrxa . . j t-..j. . IT. Kaslev Tmlcr, rrttiaem uuuyc , -y .v C. Ittvine, JLttoaiie The circumstances attending this most tal doolie-murder must yet be fresh be iniodsoi our reaaers. n u& lemUred that the two victims, Misses Paul and Cassia Munday, the one about 70 years and the other 17 lived together a3 the only iumates i .ou;e situated in a retired locality in -jle township, Cambria county. On 'eveUng of the 8th June last, their j Vodiea were discovered by some ;Urs, that of Miss Paul lying in the UvC3the premises, and that of Miss ajJa in the orchard. The brains of :h bad teen dashed out, "fend two care y prepared clubs the instruments :h which the bloody deed had been xmitted were found near the bodies. Iss Pau reputed to possess a con- cerable $iva of money, and it was to x.e at this, doubtless, that thj murder committed. Suspicion at once at- kted to two men named John Ream and ri Riddle as the perpetrators of the i?; thc?y were accordingly arrested, lit the last fession of our Court were .ion the charge and acquitted. A few is subsequent to the arrest of Ream :' Kiddle, some facts were developed ..eh strongly implicated the two deten tion trial in the rnuder. lhey were -.rdingiy arrested at their boarding- ie in Alleghany City, on the ltb j, ana Drought here ana commuted 10 ;:a for trial. What the facts spoken fere, and how a knowledge thereof .iirrived at, will appear in the body of testimony. .... THE PRISONERS. John T. llowser is a man pome five feet ht or nine inches in higbt, and proba- . !3 years of age. His general appear- :c puunly indicates him to be a German cither birJh or extraction. His ies. sre decided Ty irregu'ar; ncse small a!-vs!i3p?n, forehead low and rece and dark grav eyes. He wears a j:a:hc, and his hair, which is very .i. : j. - i i is porumteu 10 Jizug in langieu i?es down over his ears and almost i:iir, shoulders. There is nothing tirkcd individuality about him noth 5 to ciatinguish him from the masses of i-itad we meet m evcry-day life. IW.el li-jscr is about five feet four or bches in night, probably 38 years of t?; and with a more marked exnressinn m Miow-j.ri.-cner. IIi3 features stViiar.! well-defined. shnnrinr Mm He is apparently quite intelligent, aj-3 close attention to the case in its rent bearings, occasionally nromrjtinsr v counsel in the questioning of witnes- i.au gray eyes, bearded chin, pale 1iX:9D' HU,U a qick and nervous t to n THE COUNSEL, IC. raoliii having been found bv the j ucry case was first called up udaj, oth instant, when thfl nricru ;sappeaTea without coun?cl and without t b.f?hVnnandW. II. Rose H ard rrli-y because, i i,iror wLch was r.lata in .v - v. j infective 3J'Kelrev rf r 1 A eivey, ol Aheghenv citv Ructions to serve the st The ve returned to Court in . day Ji trie 2ir" i.r, . . J tr ,S t0a teen sent, the 7- The? . d about Pitts- hU vSfrtlh M'Kelvey proccV, ;and, c5l1cient execution of 5Sn'"a the, should be called SW 4t r i!ie Commonwealth, Uatman and Keade appear. AX IMPORTANT "WITNESS, "liam T'r . . hie " v.reer lDe cef witness -a rr- ;,tmieauar J Governor itaee T.?"J to enabIe him. to give 'eV fro ' wC vPendinS- IIe wa, . and .?2.:"hl"Stoa county for Sr 01 1119 release had in .ieyCa" 0f a 8etenc- of eight C AY' DEC- 9T DAY. S.?1 a.1 H o'clock, p.m. The Wfl!."6 "n.Sbt in and arraigned Ve nJ?Vhe mun3er of Miss Paul, tb idCtm.ent haviDS bMn found , ea for the murder of Misa Mua- tI r, 1 3UUV to the ic0l Kh ""tested the ' S?'"10" J t0 obtaiu a view of ch'?ed with the most brutal as well as most mysterious murder ever com mitted in Cambria county. TTTE JURY. Of thirty-five jurors called, four were disqualified by reason of their entertain ing conscientious scruples against capital pnnishment, eight were challenged for cause, eight were challenged by prison ers, three were challenged by the Com monwealth, and the following named twelve were sworn in to try the cause: James Davis, J William Katlob, Geoob W. Kerbkt, Tse-wcomb HrxTtir, BehsaH-d M'Coloan, Thomp. R. Kimmell, HeIvrt F. Wagxek, Nicholas Sxtder, Jons Myers, Josve Parrish, Johs Buck, Jam3 N. Evaxs. After the selecting the jury, Court ad journed, at 3 o'clock, till Monday. The jury meanwhile were placed under lock and key, to prevent any possible inter course with outsiders. ' SECOND DAY MONDAY, DEC. 11. Court met at 10 o'clock, a. m., and oc cupied the time till noon in disposing of business in the Common Pleas. Met again at 2 o'clock, with jury ia the box and prisoners in the dock.. THE OPENING for the Commonwealth was made by Geo. "W. Oatman, Esq., in a speech of about 30 minutes length, in which ha detailed the circumstances of the killing as far as they are known, together with a summa ry of the tacts relied upon by the Com monwealth to secure conviction. TESTIMONY FOR TOE COMMONWEALTH. Martha Morgan, called : Live in Sum- merhill township ; wa3 at the house of Polly Paul on Wednesday, 7th day of June last j she and Cassie Munday were there ; I left only those two there, at about five o'clock ia the evening j this in Cambria county. Cross-examined : Was examined on trial of Ream and Riddle ; was not then asked anything about this ; live about one-fourth of a mile from where Miss Paul lived ; live on the road leading from Summerhill to Miss Paul's ; when I left, the old wo man was just going into the house, and the girl was up tair3 weaving; know I started from home at half-past four o'clock, and the clock struck five jvst as I was 'eaving; it was an Lmber day; did not meet any strangers on my way there or back. .. .. . - In chief: Live not exactly on the road; there are paths leading to Summerhill also: Mrs. Jane Fulart, called : Lived with Miss Paul before I was married ; my hus band is in the penitentiary; Miss Paul's residence is about a mile and a-half JYoru Summerhill, not in the same direcfiJn she lived. DISCOVERY OF THE BODIES. Michael Stibolisky, called : Live about one-fourth of a mile from the residence of Miss Paul ; was there on the 8th of Jurle iast ; found Miss Paul in stable, dead: Jacob Schrift and Jacob "Weinsickle were lit- alonsr; she wa3 Ivin On Vita?" Kn-1- tie blood on her nose and mouth ; about 2 o'clock in he afternoon, wo found her; when we came to the house, we saw the beds all off the beadsteads ; pushed a bed over and found a club under it ; we hunt ed the whole house and foUnd nobody ; went to the spring-house, "and found co body ; went to the baro, and as soon as Weiisickle opened the door, he said, " here is Polly Paul, dead ;" as soon as we came out, Isaac Paul came up and asked what we would do ; told him we'd havo to go to the Squire's ; he got me a horse, and I went to Squire Myers', at Summerhill ; Paul told me afterwards that Cassie Munday was dead too; said she was lying up in tho orchard; went up and found her dead body, with a club at her feet; she was lying on her face, with her hands under Ler face; saw a big lump on right side of her head, and blood on her head, as though she had received a stroke on it ; (draft of locality shown td witness, who said it was very ne'ar correct ;) the road from Ebensburg to Summerhill passes within a quirter of a mile of house ; there is a by-road leading from main road to her bouse, which goes through woods most of the way; (draft above referred to shown to jury and explained by witness.) Cross-examined : My girl saw two perr I Eons running through orchard of deceased on the evening of murder; next day she went over by house of deceased and carae back and said there was something wrong there; then my wife went over, and came back, and also said something was wrong; I then got some neighbors.aad went over to the house ; (further cross-examination elicited nothing of importance.) In chief: (two clubs shown; each about two feet four inches long, and eae and a half thick at the larger end, and tapering to three-quarters of an inch at the smaller end, with a knot cut on smal ler end, to prevent them from slipping from the hand when being used; they bore evidence of having been prepared with great care ;) saw these clubs when we found bodies, one under the bed, the other lying by Cassie Munday's body ; this all in Cambria county. Re-croEs-examination : Know these to be the same 6 ticks; there is no wood like it where I live; never saw any like it any place. Question IIov could you tell this from another stick exactly like it ? Answer Show ma one exactly like it, and I will tell you how I can tell them apart ! Isaac Paul ca.led: Am a brother ct Miss Paul ; live about three-quarters of a mile from where she did ; was at her place on the 8th of June last ; got there bttween 2 and 6 o clock, p. in. ; my sis ter's body was lying in the Etable ; had been found before I got there ; she was lying on her back ;. only went to the door; then went to hunt for the girl; when we got to the house, found the beds on the floor, the top off the bureau, and the draw ers out of it; went up to the orchard and found her ; she was lying on her left side and face : didn't see her iniuries till after the squire had come; a club was lying two steps from her; saw another club in house; my sister never told me she had any money; she never showed me any; MISS PAUL HAD MONEY. she received about 40 00 from me and 100.00 from 'my sou withiu the last two years; she had lived on the same place and followed weaving for the last twenty five years ; she raised cattle, and made a good deal of butter every year; she Fold a good deal of timber off her land ; she wa3 saving of her means; don't know that she had any money out. at interest; there was some money found in one of her frock pocket?, some in the bureau, one gold dollar end seme small pieces on the floor in all, thirty or forty dollars. Cross-examined: It was" about fifty yards from house to where we found body of Cassie Munday; from the position in which body was found, she was evidently running in the direction of her father's house, four or five miles distant ; she had no fence to cross to get to the place where she was found; nothing was disturbed up stairs in house; was in the room where the loom was, and it appeared as if some body had been weaving there lately. In chief : My sister was seventy years old last March ; (draft of location shown to witness ;) it is pretty correct. POST-MORTEM EXAMINATION. Dr. R. S. Buun called : Am a practis ing physician and surgeon ; made a post mortem examination of bodies of Misses Paul and Munday on the 9th June last; body of latter was at house of Mr. Muu day at the time ; found a wound on right side of her head; her skull was dashed irv extending from the inner third of left, eye up about two inches, and extending backward toward the ear, carrying with it the same breadth of about two inches to the base of the left ear; the bone wa? so much fragmented that you could take your ficger and dip down into the brain any place; there was evidence of a num ber of strokes having been given; there were a number of places where the skin was broken, a3 if by the end of a club ; think there were about three such places; concluded thi3 was quite sufficient to cause death; also found scratches en the face; our conclusion was that the person had died as quickly as if the head had been severed from the body; after all the in juries had been inflicted, death would be nearly instantaneous ; would suppose the mjuries had Dcen inflicted with a club; one of that size, (club shown,) by repeated blow?, would cause the injuries; after ex amining body of Cassie Munday, went on to Miss Paul's ; found her skull fractured from near the base of ear, extending around to left side, and some hemorrhage of the wound ; found also wound on right side of her head, which did not open into skull; saw enough to satisfy me that her injuries would produce death ; these injuries were apparently made by same blunt instru ment. Cross-examined : Couldn't tell if the injuries were made by wood or iron ; would think those of Cassie Munday were made by a person using right hand; (further examination unimportant.) John Ruck, (a juror) called: (Defend ant's counsel ask to know what if desired to be -proven by witness. Counsel of Commonwealth state that they desire to prove by witness that in December, 1861, he delivered to the Warden of the West ern Penitentiary for confinement therein, a certain Philip Fulgart, from Cambria county Objected to by prisoner's coun sel first, that the witness is incompetent, he having been sworn as a juror in the case ; second; that it is not competent to prove by parol testimony the fact pro posed, until record evidence of the trial and sentence is produced; that the fact of bis reception and incarceration in the Penitentiary is not the subject of parol but of record evidence. Tho Court de cided that the fact that he was taken to the Penitentiary could be proven by wit ness, but if it were a question whetheH or not he was properly there, it would not bo competent testimony, and that the rec ord would ndt show whether he was taken there or not ; tho Court rules that he is a competent witns, and seals a bill of exceptions.) Witness thn states : As Sheriff of Cambria county, I took one Philip Fulgart to the Western Peniten tiary shortly after I came into olEce ; it was in December, 18G1 ; took him to the Warden and got a receipt for him ; did not know that I would be a witness on this case till the moment I was called, - RECORD EVIDENCE. Commonwealth's counsel now offer as evidence the record of conviction of Philip Fulgart. Objected toby prisoner's coun sel, on the ground that it does not appear that this is the same man testified to by the preceding witness, and it does not appear that the record convict was ever taken to the Penitentiary. Objection overruled, and record read by Mr. John tson "Commonwealth versus Philip Ful gart, No. 6, December Sessions, 1801. Indictment tor arson a true bill. And now, December 3, 1861, Defendant ar raigned. Jury find Defendant guilty. 14th December, 1861, sentenced to pay a fine of 1.00 'and costs, and undergo an imprisonment in the Western Peniten tiary forHeven years and three months' OfSeerfDavid'M'Kelvy called : Know defendants ; have known Buser for some years past Howser not so long ; (prison er's counsel ask to know what Common wealth's counsel propose to prove by wit ness; proposition stated z" We propose to prove that some two years since these prisoners were arrested by witness in the act of committing a burglary, and after wards lodged in the Western Penitentiary for that offense ; and that he afterwards saw them, on the 17th day of May last, the dayof their discharge from Peniten tiary." Objected to, that the evidence is in part irrelevant that part wherein is proposed to prove mat ne saw prisoners on the day of their discharge from Peni tentiaryand that the rest is incompe tent and illegal. Objection sustained by ourt. hen Commonwealth offer to prove that witness knew, of his own knowl edge, as a fact, that prisoners were in the Penitentiary, and were discharged on that day. Objected to, that the facts proposed to be' proved by witness could only be proven by the record evide&ce of the Pen itentiary. Court overruled objection.) Witness continued : These prisoners were in Western Penitentiary; saw them the dav they'came out; don't mind the date but it was somewhere about the middle of May of the present year; am a police othcer tor Allegheny city ; cannot remem ber exactly what time it was they were sent to penitentiary,, but know tbey were sentenced for two year3 and six months. Cross-examined : Arrested one cf these men in this case J the inducement held out to roe was, that Mr. Hague came to me r.nd told me" that there had been a murder, committed in Cambria county and that these men were suspected of the crime : believe there was a reward of 0Qoffere4 Jor th e arrest pf , th e- guilty parties; never saw them in the peniten tiary ; was not present when when they were delivered to the keeper. THE TLOT TO MURDER FORMED IN TIIE PENITENT TAR Y. William M'Creery called: Question by counsel for prisoners. Have you ever been in the penitentiary ? Answer I have just got out of penitentiary ; was convicted ou a charge of burglary ; was in penitentiary once before, or: a charge of the same kind, in 1857; have a par don ; (produced it, and Mr. Johnston reads it to the Court;) witness states that he was pardoned for the first crime, also, and that his pardon is in Washington county. Competency of the witness ob jected to on the ground that the pardon produced for the last conviction did not remove the disability occasioned by the first conviction and incarceration in the penitentiary for burglary iri 1S57,- for which no pardon is offered in evidence, and it cot appearing that he served out his time. The Court decided that though it had erred in not instructing the wit ness that he was not compelled to answer the question as to his first conviction of burglary, still it was held that th? testi mony of witness was as competent to prove his pardon as it was to prove his conviction. Testimony received. Witness states : Was an inmate of the Western penitentiary prior to the 17th of last May ; have seen John R: Howser there; never saw him anywhere beforo that ; was well acquainted with Daniel Baser; had known him before he came thore ; it was about two years ago last January, as near as I can recollect, that Buser was committed from Allegheny county ; he told me he came from Pitts burg ; he was put in the second Cell from told me, and Philip Fulgart afterwards j told me, that there were severe! daces where these points could be had one was to be found ai an aunt of Fulgart's wife ; there was another one where an old wo man lived by herself a weaver think he called her Mary Paul; therfc was also a man, but don't mind his name nor where he lived ; we had other talks, I doif t know how often ; remained in (hat cell fifteen months, and then was moved up to the cell adjoining Philip Fulgart's ; Fulgart and Baser worked together by spjells, iu tho same cell, hob-nailing shoes; were in that celt up to tho day previous to Bu3er leavinir : Fulgart remained in the same cell after Buser left ; about four or six weeks before Buser went out, he came up, on a Saturday, (sometimes pr'u oners get together by making an excuse to get their hair cut,) when I heard a conversation ; did not hear first of the conversation ; Fulgart was boat nine feet and Buser about five feet from me, including thicknes's of wail ; the first I heard was Buser sayin2, " well, Fulgart. it I make any one of these points, you can depend on us doing what I promised ;" he said, " you can be got out, or tcil be trot out by next August ;' Fulgart said, " At the old woman, the weaver'e, you can get that, easy there will be no one there tc stop you I think you will find the money in the bed;" he did not name the woman, but called her the old weaver; Buser re marked, "Johnny (Howser) and I will make 6ure of that, if we have to murder to get it;" this is the principal part of that conversation ; Buser stated that a3 soon as they got out and cou'd make ar rangements, they would go on their expe dition ; don't remember the name ; they also spoke of a man who wa3 a cooper by trade; don't know where he lived ; this was one of several points about which he was talking to Buser; had a talk in March, I think, with Howser ; had climb ed up to the window of my cell, and could see the opposite cell window, which was Howser's; asked Howser if he was coins? to send some tcecd (tobacco) in when he got out; he said he could not then, for he was hard up, and would have to make a raise first; asked hira.if he could make a raise; he said, "oh, yes. there is a pile waiting on me ;" asked him if it was in Cambrra; be just nodded, (affirmatively) WittjpettttiLg ; - L said " I knew,", or " Da,a Iid told me" something that r conveyed the iaC3- that I knew they were going on an expedition ; never heard any conversation between the prisoners that I could understand, as they talked German ; did hear them say Cambria knew that word in their conversations, twice that I mind of ; it was Sunday each time; these prisoners are the Howser and Buser spoken of ; Buser speaks good English, and speaks German also; I do not pre tend to understand German ; heard Buser say that he and Philip Fulgart could talk together best iu English; don't think Howser can speak good English ; it was the 7th or 17th of May that Buser and Howser left penitentiary don't mini which day ; both left their cells the same time; Buser said he was going out that day, and was bidding good-bye to the prisoners. Xo cross-examination. Court adjourn ed at 6:30. TUESDAY TtllRD DAY. Court met at 9 o'clock Michael Stibolisky recalled: My wife is not here; she is sick; has a baby only eight days old ; has two babies the same age-. Ird me ; it is customary in that place when a newconvict comes, to put him in cell with one who has been there some time, to in struct him in shoemaking; after he bad been there a short time, he was "put in with a man in the cell adjoining mine ; after he had been in there probably a week, he and I had the first conversation with regard to Cambria county ; we talked of my having stopped on his boat in 1855 ; he recoguised rae as the person having done so; had not seen him uor heard of him from that time until he came to the prison ; wo talked about a great many things; meantime Philip Fulgart, who was some five cells further up the range or tier, was brought down and put in th cell with the-prisoner in the cell adjoining the one Buser occupied ; after Buser be came acquainted with Fulgart, Buser told me he had got some points from Fulgart, (" points '' among the convicts signify places where money and valuables are to be found,) and that he and Howser inten ded going after one of these points as soon as their term expired, and if they succeeded in making any one of the points, they were to "put up" some of the money for Fulgart, to employ counsel to get him out of prison ; we had differ ent conversations with regard to this mat ter, but don't remember how many ; he was never ex- to this regard June; they cupped me tht dav. when both were present; on Sundaj, our next door neighbor, Mr. Barnes, got hi hand cut; they dressed his hand ; Baser said if they didn't go away on Monday they would dress it again ; he went iri early Monday morning and dressed it; be then borrowed a dollar from me ; said he wanted to go to the drug store to get some medicine; said he. had a little money but they wanted to go away; wanted to buy tickets to goto the country ; Ilovrc was there at the time ; Monday afternoon attout two or three o'clock, they left ; they took a carpst-sa-:k and a box with them when they left; it waa a dark tin box; (box shown ;) it wa3 such a looking box as this; doa't know if it is the same never had it in my hand; they had a black cil cloth carpet-sack ; they camo back thc:next Saturday aitcrnoon ; How ser's feet were very sore ; they were so sore he had to stay in the house for about a week afterwards; Buser was about back and forward ; Howser cupped his own feet ; they followed cupping, bleeding and leeching; neither told me where they were going when they left; they had no money but a few dollars before thev left when they came back, Buser said thev had money now, but it wouldu't do to get at it yet; heard a conversation betweert prisoners; I was sick and was lying" in a roam on lounge; they were in same loon:; RETURN AND QUARREL ABOUT THE SPOILS they had a few words together, and got to quarreling; Howser told Baser he wanted him to get that money they had he wanted his share : he said he wanted to Cross-examination : She amined a3 a witnes3 in murder. Joseph W. Myers, Esq., called : On the afternoon of the Sth June last, Michael Stibolisky called on me to hold inquest on bodies of Misses Paul and Mur.day; the body of former was ia stable ; found body of latter in orchard ; (draft of loca tion shown to witness;) it is nearly cor rect; (clubs shown witness;) these clubs were in my possession till last Cou?: ; can't .tell name of wood ; tome call it swamp elm ; have seen tho ?am kind of wood growing about 1J miles from where Miss Paul lived. Cross-examined : There was a nick on end of club ; recognize it by that ; these clubs I think won. of original growth, not limbs, and cut off a little under the ground ; this timber growth is about half a mile from Jackson road, and about three hundred yards from Wissel road. James It. Cooper called: (club3 shown;) j baw these clubs at Miss Paul's; know them to bo the same; made a notch in this one myself while in orchard ; Miss Paul sold a good deal of stave timber to Mark Senters; he paid Ler J. think S3.00 per thousand; some he paid 6.00 for; (. W. Pringle got a lot of staves from her land also; might havo gut 25,000 or 30. 000 ; Henry Carpenter got some from her too. Officer James M'Kelvy re-called : Don't know what business these 'prisoners fol lowed after they got "out of penitentiary. PRISONERS START OX THE EXPEDITION. Mrs. Elizabeth Graham called : Resided in third ward, Allegheny city," about the first June last ; was boarding at Mrs. Miller's at the time ; she married Mr. Johnson since; am acquainted with pris oners ; they came to Mrs. Miller's about the 28th or 20th of May last; staid until go home larger of to his father ; Howser is the the two; (pointing him oat:) Buser put his finger up to his eye and said : "Doyou see anything green there ?" he said it wouldn't do to get that money yet, for it might get them into trouble; didn't hear anything further at that time ; Howser appeared to me like a man dis tressed in mind when he came back: thought so because he would go moving" about from room to room, and wasen't jolly andbfoy as he had been before. Cross-examined : Was married on 10th of July; my husband is at home; was a single woman at the time of the conver sation spoken of ; there were no other boarders there but these two men and myself; was sick at tho time; before I got sick, worked aroand, sewed, &e.; was sewing at time I get sick, for Mrs. nin klc ; was living with Mrs. Johnson ; had money when I came from Blair county; belong to Blair county; my name was Eller before I was married ; I had been married to a man named Kuhn, and that was my name then ; Kuhn was dead about four years; Buser and I am not on very intimate terms ; never saw him before the 2Sth May, when he came to board at the fame house with nie; he did not fur nish me with funds sometimes ; was not away from the house often at night about this time, except at the next neighbors'; wrote home and. got money; that was tho way I was able to lend the dollar to Bu ser; don't remember the timo I. wrote, but guess Mr. Johnston docs he saw rite write the letter; addressed my letter to my father, Daniel Eller, at Sarah Fur nace; (a letter shown ;) tnis is my hand writing ; it was about a week till I got a letter from my father in reply, and it con tained 20.00 ; did not owe it ail at the time; had no physician attending me. I lent them a rcmemaer seeicg after these men left; they hadbecrrat- teoding me from the 3d f Jane", which was the day tbey cupped me ; paid them one collar lor cupping me uoi:ar besides this one ; a white dog which was poisoned come into yard ; it was the next day after prisoners came back ; it was on a Sunday that Mr. Barnes got his hand cut; know Baser and Howser dressed it on Monday morning ; Barnes is a married man, and his wife is here as a witness ; she was at home n.t tho time ; these men did not attend to Barnes' hand 'regularly on till Wednesday; pris oners got a bucket of coal from Mrs. Barnes; it was on the diy they dressed the hand"; I wrote to Baser after he was put in jail n this charge, and said I could be a witness for hiro, bat when I studied over matters, found I was Wrong; I tried to find out witnesses for him ; his wifo tell me to write to bird something that would encourage 'him; his wife eannot writd English; she can write German; do not know if he cab - read German ; Mr. Hague subpenaed me; we talked a little over what' he wanted nie to tertify t here, at hotue ia Allegheny city ; I was lying ou the lounge when theso men had the conversation I alluded to ; they sat in the same room, with their backs against the wall; Howser is a German; can't tell where his father lives ; he is a married man; con t know where his fjruilv is they had a pistol at the time of this con versation, aud were talfeios about getting another; don't know thafthc? had been in Beaver, nor that they said they were going there; didn't, hear them saying they were going to any town; they said they were going to the country; don's know where they got the carpet sack: it was a targe uiass. one: tue nrst l saw of it, they brought it down stairs; I fix the date on the 3d of Juno as the day ou which I was cupped by havicg heard Mrs. Miller talking with the landlord aboat paying tho rent ; am confident it was the third ; Xlr. Graham was ia t'i Rraiy on the 3rd of Jun lsi ; I wrote latter t As V If
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