The Ebensburg Alleghanian. (Ebensburg, Pa.) 1865-1871, December 21, 1865, Image 1

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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
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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