HYINO CUNKLBSlON. I, Robert Fogler, wa burn in Fills burgli, Allegheny county, l a , Apiil 2, 1811. My father wan of German do Bcont. IIu came to this country when quite young. My father was killed ubout fourteen years ago, an near ah I can re collect, by 4 log rolling over him He wo-t not any ot kin to n certain Frank Fouler, residing in the casern purl ot this county. My father's name was Martin Fogler. I think he was a mem ber ot the German Reformed Churoli ; I will not be positive My mother was born In Georgetown, Beaver, county I'a. whero she died about tour yearn nijo Shu was a member ot tlio Methodist Episcopal Chmch ot Pittsburgh. I was in the family ot Win. Ilervey, a farmer residing in Canton township, about two miles and a half north ot the borough, frcm the fall of 1H50 until the spring ot 180 1, at which time I entered the army, and was aligned to Co. D of tbo Ringgold Batallion. I remained in the service until the Cth ot November, 1805. Attor being discharged from the army I spent the winter in Frederick City, Md I came back to this city about the 1st of April, I860. 1 worked tour or five weeks tor Win. Ilervey. I com menced to work tor Mr. Montgomery, Esq., June 11th, and was to stay with him three months. A day or two before my time expired, we v. ere threshing, and while oiling the machine I got my toot caught in the pit wheel and was thereby disabled, so that I remained u tt- " til nbont tbo middle of November. While at Mr. Montgomery's there . was a number ot plans laid to rob differ ent peraons. The plans were proposed . by Mr. Montgomery's boys. I would consent to them at the time they were proposed, but when the timo ot action arrived I always backed out; it appear cd that my conscience would not per mit me to commit the acts. James Montgomery proposed to 'Babe' moan ing by 'Babe' Wm. Montgomery, Jr. j he is called 'Babe' on account ot being the youngest ot the family) and myself that we should blow open the safe of J. N. Haincr, Harsh & Caton; also a mer chant tailor by the name ot Reikers, whoso store is next door to the saloon of Charley Wells, and even wanted us to rob bis father's house. Ho said we would get a large amount of money both paper and gold coin. The above was proposed by James Montgomery. James Montgomery is a son ot tho Hon. Wm. Montgomery. 'Babe' proposed to rob the house- of Martha JSlack lie stated that ho could get the key ot the sate at any time if I would accompany him. Martha Black is the daughter of George Black, deceased, and is now the daughter-in-law ot Esq. Montgomery. The Dinsmore robbery was proposed first to me by James Montgomery. He told me one evening, along about the first ot October, that there was a certain Mr. Dinsrnore dealt at his store, that was said to be very wealthy. He said he (Mr. Dinsmore) was in his storo of fering a thousand dollar bill to be chang ed, and he would give any one Gve dol lars that would change it, or get it changed for Lira. I told 'Babe' about the matter, and asked him his views of it : he said he was 'in.' That was all that was said at that lime about it. A short time after tho above conservation, one day while in town, James Mont gomery told me that Mr. Dinsmoro had been East with a lot ot hogs, and had just returned and had plenty ot money, and that now was the time to go tor it. A short timo after I had left Montgom ery's. 'Babe' and I made it up to go to Mr. Dinsmore's and rob him. We started from town on a certain night to gether shortly after dark. We were armed with a Coil's navy revolver tho same shown in court. I got cartridges for the pistol at the store of Iiobt. Dou gan. We took a box ot boot blacking along for tho purpose of blacking our hands and faces. We applied the black ning with a shaving brush, in the stable of Wm. Montgomery, befun starting to Mr, Dinsmore's. We wore army over coats, and old worn out silk hats, both of us. We got the blackening and brush at the grocery of James Montgomery before leaving town. We did not ex actly know where Mr. Dinsmore lived. We inquired the road at James Brigg's house, a tanner residing about four miles from this place, and was directed by them, Babe' went on while I inquired the road i I did not enter the house, but hallood iroru the road. After searching lor eorao time for Mr. Dinsmore's we gave it up, and 'Babe' said he had an aunt living down in a certain hollow or low land, which he pointed out to me, and that they and Mr. Dinsmore were neighbors. He proposed to go there and inquire the road. He said he knew that Miller's family (meaning Henry Mil ler, who is a brother-in-law of the Hon Wm. Montgomery) and Dinsmore's were on good terms because ho had seen Mr. . Dinsmoro get some snuff ono day at James Montgomery's, nnd he (Mr. D.) told him that it was for his auut, mean ing Mrs. Miller. We then went to Miller's. The house stands a short distance off the road 'Babe went to the house, and I remain ed at a pair ot bars ; the bare are used as an inlet to the house. I could hear him hallowing distinctly from where I was j he hallowed several times, but no one answered mm. I think they were all in bed. Atter he had stopped hal lowing, I heard a noise like the tailing ot el ass, or tho violent pushing open of door with a chain on tor fastening on lao outside, which a great many farmers ttse. Atter the noise I heard some one funning towards me, which I soon found tut to be 'Babe' returning. I asked iro what the noise was i he said he had thrown a stone through one of the win dows, and knew it had soared them nearly to death, 'Alter 'Babe' had come back from the . houso we started to come back to Wash ington ognin. Wo came back the same load we went, We walked, both going nd coming. We tame to the eta Hi of his father, and there left our coots and bats. The coats were army over coats i both were oolored black, and both had capes on them. 'Babe' came ip to town with me; we washed the , black off our hands and faces at the watering trough on the farm of Harrinon , Simla i the wateiing trough is on the side ol the Middl-town road, tor the ac commodation ot tit public. We came on up to town, and when we got to the corner of Main street the town clock struck twelve. We came up Chestnut street, 'Bube left me on the corner of Main ' and Chestnut streets. He was staying in town at tho lute residence of George Black, deceased, for company for Mrs. Mary Creaoraft, formerly Mary Black. 1 went to my boarding house and went to bed. We then gave up going to Mr Dins more's until the night of tho 4th of Do oembcr last, and I believe we would have given up tho idea of robbing Mr. Dinsmore altogether had it not been for tbo second suggestion of Jamos Mont gomery. He came to me one day and asked me when we were going to rob Mr. Dinsmore. I told him I did not know. Fays ho 'Ton follows are getting behind,' meaning 'Babe' and myself. I was selhrg lamp burners and stove lift ers, nnd trying to buy corn for James Montgomery went to tho house ot Mr. Dinsmore on purpose to find out where he lived was at a number ot farmers' bouses the day I was at Dinsmore's got a horse to ride at Wm. Montgom ery's. Tho Monday before the murder 'Babo' and I were at the house ot Nancy Mull, on tho farm of John L. Cooke. We took tho pistol along with us for the pur pose of discharging the loads from it, which we failed to do. We thought perhaps the powder bad got damp and concluded to draw them by hand. The morning ot the 4th of December last was very disagreeable. Uain had been tailing all the morning up till about elev en o'clock, when it cleared up. James Montgomery and myself went to the grocery of James Mountz & Brother about eleven o'clock that morning While there 'Babe' came into town and was passing tho storo when I hallowed at him to stop, which he did, and came into the store. We stayed a tew min utes atter 'Babe came in, when we all three left tiie store together, James and 'Babe' Montgomery and myself. We went from there to the store of James Montgomery, when 'Babe' and I at once set about preparing to go to Mr. Dins more's that night We got the pistol out of the drawer and went into the flour room, and -Babe' diew five balls from tho pistol with a small gimlet. We then ascertained tho reason we oould not discharge the pi tol before It had been loaded and some one had run melt ed lead in the chambers cf the cylinder, and it had stopped up the holes in the nipples. Tho chambers had been run about one. fourth full cf . It nd. 1 told , I. 'alio' to get some oork and burn it, to black our hands and faces with, and he replied he would. At tho ringing of the court bell for tho afternoon session, 'Bobbie' Poland came to me and asked mo it I was going up to court : 1 told turn 1 would go. After we had gone out of'Montgomcry's store, 'Bobbin' asked me to go back and get him a sheet ot loolscap writing pa per to write a srng on, which I did : got the paper at Montgomery's store and gave it to him. He and 1 then came on up to the court room where I remained about an hour. 1 left the court house about threo o'clock, and .went back to the store ot James Montgomery and asked 'Babe' if he felt like taking a walk down street. He said he would. We went down ns far as the Railroad Hotel, and stopped ou the corner, and com menced talking to J. Arnold. We had not been there but a few moments whon Robert Bolton came down street on the other side. 'Babo' hallowed to Bolton come over, which lie did lie and Babe' talked a few moments when Bol ton remaiked that he must go, and ask ed 'Babe' it he was going down street. Bolton, 'Babe' and myselt all started down street together ; Bolton lelt us at the depot. 'B .bo' and I crossed over to the oilier side of the sticet, and came back up to James Montgomery's store again We went troui there to the bar ber shop, under the Mansion House, and both got shaved. We went from tho barber shop to tho 'Iron Clad' saloon and got a glass ot beer, each ot us. We drank nothing more. We went from the saloon to the store ot Robert Dou- gan, and I got one package of No. 44 cartridges. The package contained six cartridges. I wanted 'Babe' to get the cartridges, but he would not ; he owed Mr Dougan some money, and had not the change to pay him just at that time. 1 Hunk 'JJabo stopped in Vowell s drug store or teaman's marblo works while I was in the store ot Mr. Dougan. We then went back to James Mont gomery's store, and both went in and sat down. Mr. Dinsmore come into the storo shortly after we did, and commenc ed talking with me about a lamp burner that I hnd sold bim. In a few minutes Bubo' got his books and said he must go home. Mr Dinsmore then went up to bim and asked him if he studied Lai. in t 'Babe' told him he did not. Mr Dinsmore-remaiked if he did he woukl read his lesson for him. 'Babe' then started for home, and told me to come out as Boon as it was dark, and bring everything. Between sundown and dark I went up to my boarding house to get my sup per. I got the pistol and fastened it around me. I then asked James Mont gomery for some powder to load the pistol, and a cake ol soap to wash off with, which he gave me. I tben started np street to get my supper. Mrs. Wib- ley was not at homo when I went there I forgot the dark lantern we intended to tike with us. I then went down street again vftmt in James Montgomery's Btore, and told him to give me the dark lantern. It was in one ot tbo drawers behind the counter. Ho gave it to mo, and I asked him if he had any sperm or star candles. He said be had not, but would give me money to get one with. I told him I would rather ho would get it, which he did. I remained in the store while he was gone. When he came back he asked me how wo were going to work it to get Mr. Dinsmore out I told bim I was going to tell Mr, Dinsmore that Miller's family was sick. He told me it he was me he would fire some cf the outbuildings, and while the family was putting the tire ont we oould rob the houso. I told bio. I would not do anything of thai kind, tor if wo was doteoted it would go hard with us, tor the Commonwealth could bring two in dictments against us one for arson aud oue for burglary. The candle I have described . above, was t rnUhed by James Montgomery. After tho ahovo conversation I again went into my boarding house. Airs. Wibloy was still absent. I entered the house and proceeded to load the pistol and get ready. I put the old pants on vor my black onus, (the pants were found the next morning by James Grier) and I hnd everything ready to start by tho time supper was ready. We ate supper by candle light. While at sup per Levi Hamilton came in and sat down by the fire. After I got through with my supper, I went np to the tire and commenced talking with Mr, Ham ilton about the case of Cooglo and Baird talked a few roomouts and then went out and started down tho Hickory road, which road is the prolongation of Main street in this borough. I met Mr. Kidd, the Cleik of tho .Court, about midway between his residence and Walnut street ho was coming toward town, carrying a lighted lantern in his hand Did not speak to him. Know Mr Kidd when I sec him, but have not a speak ing acquaintance will) him, I kept tho Hickory road until I came to whore the fields of William Mont gomery join the lots ot Frederick Naser i I then crossed into ihe fields nnd kept on acrrss to the residence cf William Montgomery. When I came to the sta ble the back door was open, and when I was about to enter the stable, I ob served one of the front doors was open also, and some one gave a signal of si lence. The sound came from the direc tion of tli u front door. I advanced to ward the front door whero tho sound came from, and found it was 'Babe' that gave the signal. He had a knite. The blade was about ten or twelve inches long, as near as I could judge, and about an inch and halt wide. He was cutting at a strap, about two inches wide, with the knite. The knife was new, and apparently had not been used much. I asked him what he was doing. He said he was making a belt to tako the knife along, and tu can y it in. Says I, 'what do you want with the knife?' Says I, 'you do not need it I' Ho replied that ho was going to take it any how. He then a?ked me, with an oalh or by word, what kept me so long I told my excuse, and he seemed satis fied. I then asked where he got the knife; he replied, in the house. Says he, 'there is an overcoat and hat tor you.' The bat was a broad brimmed black hat ; Ihe coat was an army over coat, colored black I lelt the hat I wore in the si able. He wore an. old worn out silk hat, anil a black coat with a capo on it. The coat that I wore had a cape also. Says he, 'I will go in the house to avoid suspicion ; you wait here until I come back.' He then started to the house, and went up on the porch and around to the back kitchen past the the window ot the silting room. He was gone but a few minutes. He then told mo to go out the back door of the stable and he would shut the stable door. He shut the back door, and fast ened it on the inside, nnd shut the front door and locked it ou the outside. The lock of tho slablo is a spring lock. He put the keys ot tho stable in his pocket to unlock the stable door on our return. He then came through a gate at tho end ot the stable into the barnyard and fast ened the gate niter bim. We then went through another gate into a Geld that joins the garden and orchard, and kept across the fields ot William Clark and Ephraim Hess, until wecume to James Boon s. We crossed over into the road there, and kept the road, or very near the road, all the rest of the way to Mr, Dinsmore's. We kept on up tho Cross Creek road until wo camo to a road running direct ly to Mr. Dinsmore's : the road turns off to the lelt opposite the tenant house on tho tarm ot banniel iaggart. We kept that road until we came to the old Middletown road I hero is an old school house stands by the side of the road, a short distance above Mr. Dinsmore's lato residence. We 'entered it, and lit our dark lantern, and proceeded to blacken our faces and hands. We took the lantern ale rig for the purpose to see when wo were properly blacked. After we had completed blacking omselves we started towards Mr Dinsmore's house We entered a gate below the barn, and kept on towards the house Wheu we got about midway between the barn and house we became alarmed at a noise like some one ooming towards us. We turn ed back and listened, and found the noise came from a lot of hogs that were feeding in the lane. We started the same way, butf.und we could not reach the house in that way without nlanning Mr Dinsmore. We then crossed over tho fence into the orchard, and went around in front of Ihe houso. I then went to the porch ot the main building, and went up on tho porch, and stepped up on a bench that A' as on the porch, and looked in the window and found by the clock, on the mantel-tree above the fire place, that it was half past nine o'clock. The reason that I looked in the window was because I wanted to know who was in the room, as James Montgomery informed mo that Mr. Dinsmoro bad threo or tour big brothers i and we had better be on the lookout. While I was looking in tho window, 'Babu' opened a gate- in trout ot the house, aud passing through it, laid down on the ground beside some bushes. Af ter I got down offlhe porch I joined him. Tho reason we did not enter the house when we first went, the family was at worship, I think, and we wanted to wait until the family retired. A few mo ments after I joined 'Babe' at the gate, we heard some one going up stairs -Knew they were going up stairs be cause the windows rattled as it some oue was walking heavily. 'Babe' asked me what I was going to do; I told him I did not know. Says he, 'You are not going to back out, are yout' He said it would not pay to walk so far and not make anything. Says ho, 'It is more to your interest than mine to do this Hero it is either do it or be a poor man forever.' Says he, You. want money to start you in business, aud it is there, it you go lor it.' He then said something about me not having any heart I thought a tew seconds, and got up off the ground, and told him to come on. I suppose the person we heard going up stairs while lying on the ground, was Nancy Jane Dinsmore I then went to the porch of the kitchen, and went up the steps on to the porch. 'Babe re mained at the corner of the kitchen, We knew if Mr. Dinsmore saw us both, be would not open the door. I then knocked at the door; some ono askod who was there, in which I recog nized the voice of Mr. Dinsmoro, and I told him a man by the name of Johnson. He asked again who wos there, and I told him Mrs. Miller was sick, or Miller's family was sick, I do not remember which. Mr. Dinsmore then opened the door. I told him Miller wanted some ot the boys to come down and no tor the doctor. He asked me who I was, and if I wasn't lost. He said he thought it was blemmon s that I was hunting asked him whero Slommons lived. He leaned forward out of the door to show roe, and I then stepped in beside him, ana told him he was the man I wanted I then presented the pistol at bis head, and told him it he hallooed I would bluw his brains out. I had the pistol in my right hand whon I went upon the poroh. Mr. Dinsmore said, 'What do you want with me, you scoundrel V or rascal, I do not remember which. When I entered the house I had the collars of my under coat and overcoat both turned up and outtoned around my neck to prevent luem irom recognizing me. Mr. Din 8' more seized me by the collar aud com' monced tusslemg with me. In the tussle one ot the buttons was pulled off my overcoat, and one hook pulled straight, that I had hooked before "entering tho house. One button was pulled off my undercoat collar, and two off my vest. My shirt collar was torn open, but the button was not pulled off When Mr. Dinsmoro asked me what I wanted with him I told him I wanted his money. Tbo pistol was not cocked when I presented it at Mr. Dinsmore's head. After the buttons gave way on the collar, Mr. Dimmore seized hold of the pistol, whon a severe scufllw ensued. During the scuffle I called to 'Babe ;' I suid' 'Babo,' come on.' When 'Uabo' came in Mr. Dinsmore was trying to pull me into the lighted room. I called to 'Babe' to knock him down; he did do so immediately. I looked around to see what he was doing, and saw him tnrowing back tho skirt of tho capo of his overcoat, as if preparing to strike some one. I then heard something like glass or queonsware falling, hut did not know what it was at the time. 'Babe' then picked up a chair ond struck Mr. Dinnnore ou the .hea l, but owing to Mr. Dinsmoro and I being in such close contact, he could not get a lair blow at him In my former statements I stated that Mr Dinsmore at one time wrenched the pUlol cloar cut of my hand. I will not be positive about that fact. When Babe'stiuok Mr. Dinsmoro on the head with tho chair, Mr. Dinsmore released his hold on me. I then was between him and tho lighted room, and 'Babe' was in the rear of him. I saw 'Babe' use the knite in tfce kitchen, while Mr. Dinsmore and I were scuffling ; could see the bright blade flash in tho dark. When Mr. Dinsmoro let go his hold on the pistol, I wont into the lighted room, used for a bod room, nnd left Mr. Dins moro and 'Babe' in the kitchen. Mr. Dinsmore knocked 'Babe' down after I went into the bed room. When I first eutered the bed room Mrs. Diusmore was standing in the middle of tho floor; she went to the grate and caught up the tiro shovel, and made a motion to strike mo. I pointed the pistol at her, and slio called to mo not to shoot. Mr. Dinsmore tben camo into the room and picked up a chair and rushed at mo to strike me. Ho was between 'Babo' and myselt, ono of us being before him and one behind him. 1 saw Nancy Dinsmore standing in the door leading from the bedroom to tho hall : I do not know how long she was there. When she lett the room she left the door open nfler her. When Mr. Dinsmore went to strike me with the chair, I ran out of the bed room and across the hal! into the parlor, and shut the door after I entered it. I was in the porlor a few seconds, and bethought myselt that it would not do to leave 'Babe and Mr. Dinsmore alone I opened the door, and crossed the hall and enicred the bed-room again. Mr Dinsmore immediately camo at mo and caught tho pistol, when wo began to scuffle low bent down. Mr, Dinsmore was at my left sido i I had hold ot the pistol by the butt and muzzle In the scufllo I cocked the pistol and discharg ed it. I discharged it a second timo, when Mr. Dinsmoro immediately let go his hold on tho pistol and went out into tho hall. I thought perhaps ho had gone to get his gun, und would return and shoot us both. I cauuht hold of 'Babe,' and pushed him out of tho room. After we were both in tho kitchen. I went to tho bed room window aud look ed in, but the room was empty I told Babe' to run for his life, as Mr Dius more had gone after his gun. When I bred tho pistol Mr, Dinsmore and I were scuffling i I thought the balls were passing into the floor, and I thought by tiring, it would cause Mr Dinsmore to cease to resist. We lett the huuso tho samo wav we eutered , we took up across the orchard toward the Middletotvn roud. Atter I got over the fence into the road, I was so much exci ted and so weak that I tell down overy few steps. I felt a severe uain in the thumb ot my lotl hand, and told 'Babo' I thought I hnd shot tho end ot my thumb off, but found on cxumining it I had not. I suppose my thumb was very eloso to the chamber ot the barrel ot the pistol, as my thumb bad a blood blister on it, and the cud of it looked like it hod been burnt. Showed the blood blis ter to Revs. Dodge and Siusabaugh, and others. When 'Babe and I got to the road, I told him I felt very bad lull like tain ting, I fell down several times croinor down the road to Miller's. 'Babe' wan ted to go to the woods. I told him to go ahead and never mind the woods, We came the same road we wont, Atter we had ran about tbue miles, we slack ened our paceto get breath. I asked 'liube it we bad lost anything by which we could bo lndentitied j he said ho bad uot. I asked him if he had lost a but terfly off his collar, (the fly had a bosom pin in it ;) he said he had not lost it, and turned around and showed it to me, I asked him what that noise was, like the falling of glass : he said he had thrown a stone at Mr. Dinsmore, and it must have hit a window. Says I, 'Why,' 'Babe,' you might have killed me dead on tho spot.' 'Babe' said Mr. Dinsmoro had knocked bim down, and that his hat had fell ofi his bead, and he was afraid Mr, Dinsmore would know him. He took off his hat aud asked mo it I could re cognize him. I told him I could not, He then said something about me naming him t Mr, Dinsmore's that I ought not to have done it. He then askod me how many loads tho pistol had in it ; I told him it had tour leads in it. Says ho 'If they follow us, defend your, self as long as there is a load in the pistol i kill before we will be captured, Atter the loads are all shot out ot the pistol, wo will take to the woods. Wo came down on Ihe Cross Creek road until wo came to tho farm of e. ...... ,.i M...n. .i., io.....n uu" " , V, T , " " as tho old Cundall p ace. 1 hero is a tenant house on the place, frootinfi on the road j the house is about midway between Aaron Miller's and the resi- dence of Samuel Morgan There is a race runnine to the crist and saw mill ot Mr Wm. B Cundall , it runs very close vouiuroau. Auimi piuuu we crosseu the fence between tho race and the road ; iiiuu uiuooc.i hjo 1U-..OUUO iuii vjtui, aown oacn 01 iir. uunuan s nouse bo as me night betore from the pistol, but not to alarm the dogs. We crossed the fail, d to get them. The reason James bridge at tho steam saw mill (Cundall s Montgomery wanted me to giye the pis saw mill) and kept tho road until we ' tol to 'Babe' to tak9 out to tho farm was, came to Boon's wood. We thou cross- ' that the balls would be drawn from the od over the fence into the woods to rest, i body ot Mr. Dinsmore, and it the pistol but wo did uot rest. Wo went on up as found in my possession, the balls through the woods until we came to a drawn from Mr Dinsmore's body would small run that flown down through the ; be compared with the pistol, and it woods. I told 'Babe we had better i would iro hard with me. Altnr T wash the black off ourselves thero We pulled off our coats and washed our selves. We did not light the dark lan tern there ; we thought some one might see the light, it being so cloe to the road. Atter we got through washing j Montgomery went down in the cellar we dried ourselves off with a pocket and hid the pistol under the cotintertlmt handkerchief, when we put on our coats ' stands in the cellar. I put it under the and started again. I upper end of the counter The end of 'Babe' said he know Mr. Dinsmore the counter is loose Irom the main part had plenty of money, or ho would not of tho counter it can be pulled out far have resiste 1 us so hard, lie proposed enough to admit a man's arm with ease, to me before we went to Mr. Dinsmore's I puf the pistol and dark lantern there! that we should knock Mr. Dinsmore and covered them up with straw. Won't down and tie him, and then tell him if be certain whether I put tho pistol un tie did not give us twelve thousand dol-! der tho coumer or not i or whether I lais we would burn his house over his Ktt it at the outside and covered it up head, nnd eaid we ought to have gut : with loose straw, expecting to send it some small rope to tie Mr Dinsmoro out on the farm. Aiu certain I put the with. 1 told him bo could get some thing there to tie him if he wanted to do it that way. After that he asked me what the law would make that. I told him I knew nothing about law, but sup posed wo would be indicted for tho at toinpt of burglary with the attempt to kill. If we was arrested he wanted me to stick to him. I told him I would, and if I was arrested I wanted him to stick to me ; ho said he would. He said he had heard Mr. Dinsmore say during tho ccuffle that he was shot. I asked him what Mr. Dmsmore had said ; ho replied ho had heard Mr. Dins.uore exclaim. 'Oh my, I am shot,' or 'Oh my God, I am shot,' he did not know which. I told -Babe' I would not havo killed him tor the world. He said he did not think I had killed Mr. Dinsmore ; he thought I had shot him in the leg. and he hoped I had, for it would keep him iu the house so that be could not recognize ns. 'Babo said he thought Mr. Dinsmore had thought he was shot when he, (-Babe1) bad out him. I aske J him if he had cut him, and he said he thought ho had. 'Babe' said that 'Jim' meaning James iMoutgomey could not call us cowards after (hat He said It was ono ot the boldest acti be ever knew of, nnd that there would bo a big fuss kicked up the uexi morning uuout n. 1 loiu mill not to say anything about it to his brother James the next morning, and he said he would not After we had washed ourselves in the woods, we kept in the fields until we reached the stablo of Wm. Montcomerv. 'Babe'then took tho keys from his pocket and unlocked the stablo, and got my hat for me. I gave him tho overcoat; and bat I had worn. I lett him at his father's stablo, and came up to town across the fields ot Harrison Shirts came down pat the sheep shed on his plttco. I went to my boarding house, pulled off my boots and muddy pants took the pants, after I had pulle I tl.em off, and wiped tho mud off my boots; then set the boots insido of the fender to dry, and threw the pants out iu the kitclieu took tha pistol off and put it in a chest in tho house, then undressed and went to bed. I got up during the night to get a drink ot water, aud turned the boots inside ot tho tender to let the other side of them dry When I was turning them, I found I hud lost ihe heel off one ot them Tho next morning when I got np I found my lace was very black washed it in wnrm rain water with soap. Found ray clothes were very muddy, and clean ed them off. (1 mean by the clothes, the suit I wore every day.) While clean ing the clothes I found I had lost two buttons off my vest, and one off my con'. I asked Mrs. Wibley for some vest buttons, and she gave me some, but they would not correspond with tho but tons on my vest, but I sowed them on. Don't remember whether 1 put the boots on the loft, or told Mrs. Wibley to do it think I (b no it myself. I askod Mrs Wibley if Philip Blou waa working at shoemaking yet, and she suid 'yes ' I told hor I hud Inst a heel off my boot, and gussed 1 would get him to put ono ou for mo that efternoon. Atter breakfast I went down street and hcurd ot the murder in Juines Montgomery's storo i Thomas Stockton told mo. (Thomas Stockton is a son ot Robert Stockton, deooasod, and olork for J ames Mongomory ) He said Hen ry Miller bad brought the news to town that morning about tour o'clock t said Mr, Dinsmore had been shot with a pis. tol twice. The news of the murder surprised me very much. In a few mo mollis alter this conversation with Stock ton, James Montgomery oaiue in, and he and I started down to the depot to see if some oil had oome tor him that his father had bought lor him. Says he, 'you fellows played hell out there nisi mgni i yon inougni one bail was not enough, and so you put two in bim I asked him how my lace looked, and ha said just as usual. I told him to say nothing about tho murder. WJiun returning irom tno depot James stop pud at tho grocery ot A. C. Morrow, and settled ou an old account with Mor row, and bought a dozen brooms from him' I carried the brooms up street for bim. After we went in his (Mont gomery's) store, I told him I was fearful ol being arrested. Says ho, 'You are too fearful, is all that is the matter with you.' He asked how much money it j would tako to pay my expenses to the i place I was last winter 1 1 told him fit, toon dollars. He said he would give me the money if I would go away. I told ! him no, I would not go, for if I did it j would throw suspioion on mo. He said tlnru was no danger of 'Babe being a rested, for no one would suspicion , him because he was a rich man's son. I I told James Montuomnrv nimni. W i ...if.. ' ... " "" eei anu ouuons, and asked him to got some to replace them, which ho did, He got me halt a dozen coat . buttons, nnd half a dozen vest buttons j black, cloth covered. He told mo that ; I had better give 'Babe the uistol and : lot him tak it nut. tn Mm .-., i,;m j I then went up .to my boarding bouse i ami sowed the buttons on my ooat and ( vest myself. I tried to get balls to re-' jiiiicu mo luims nun i nad discharged sewed tho buttons on my coat and vest, I took the pistol out ot the chest where I h id put it tho night betore. and con cealed it on my person, aud st irted person, I down street. Weutto tho store of James dark lantern under the counter. I then went up in the store and sat down, '13; bs o me into town between nine and ten o'clock, in the spring wagon, and came into the store I told him we hud killed Mr. Dinsmore 'dead as hell' tho night before used the words Mast night' and told bim about losing the heel off my biot. He told me to cut the boot up I told him where the pistol was, and told bim to get it and tako it out home, and draw the loads from it. He said he would shoot them out when he got homo. He then left tho store, and I did not seo him any more until after he was brought to jail I eat down in a chair by the stove and commenced biking to James Mont gomery. He told mo to go and wash i ! I .. 1 . I i . my lace, in a bucket kept in the store for that purpose; ho said my face was very umy. oames loia me it 1 WOS arrested not to biinghim into it. 1 told hira I would not. Says ho i 'Me and my wife will both ot us swear that you were here last night.' I was in the store when Christian Hornish came in and said that a re ward of a thousand dollars had been offered for the apprehonsion of the mur derers. I said lo James Montgomery t 'Jim , let's go and make the money : we can catch tho man that killed Mr. Dinsmore.' James Montgomery know all about the murder. Ho knew that 'Babe' and myself did it. James Montgomery never said anything nbout giving him any of the money we expected to get at Mr. DniHmore's. 'Babe' suggested that it would be notbincr mora than .11..!.. I lit V f.iii. il.ni ii i i . tair that we should each nf na mm 1 J, , , e" : ames a portion ot what we ant. tnr inu Dsmsiiiiicu jami.'B nau rendered us, James Montgomery suggested that we had hotter give him tho monoy to keep for us, if we woro successful at Mr. Dinsmoro's. It was arranged betweon us that I should go off soiiio place, and start a photograph gallery, and ga to counterfeiting money af ter tho excitement died out. und 'BuIih' iinil i, .....!... t - I 1 . Jainos Montgomery intondod to nass tho monoy for mo. I am a nhntocranhor. orar- tost by profession, and workod at the busi ness in Frederick city, Maryland, last win ter. A. J. Montgomery knew that 'Babe' and Iwerogoingio rob Mr. Dinsmore. A. J. Montgomery, James Montgomery and 'Babe' Montgomery are all sons of Win. Montgom ery, hsq. The night of tho murder, whon wo wore coming from Mr. Dinsmore's, I noticod tho overcoat that 'Bube' woro had the skirt or tail vory badly torn, nnd was pinned up. Can't say whether it was done ut Dinsmoro's or not. I told 'flabe' whon I loft him nt his fathor's stable that night, to sink tho clothes. so that thoy oould not bo found. 1 no pistol that 1 used at Mr. Dinsmore's wus tho one fetched to James Montgomery's storo by 1. Y. Hamilton. Esq., 01 at least I was told so by 'Dube' nnd James Mont gomery, 'liube' and myself took the pistl from tho snfo in his brother's storo. It had no belt on when we took it out of the safe. I got tho strap to muko a bolt of ut tho sta ble of Mr. Montgomery, It was a stirrup strap of a saddle. I got tho buckle that was on tho belt, at tho saddlor shop in Phoenix Row. It was a bluok mounted buckle, and wus sowed on the bolt with a fine twine string) the holes being out with a kuifs. I sewed it on myself. I had tho pistol frequently while running around town at night. It , was usually kept in a drawor bobind tho oountor. 1 got it when ever I wantod it. Tha pistol had tho in itials 'T. l'V on tho handle. The pistol found in the possession of 'Babe' Montgomery, by John Bnird, is the one I used at Mr. Dinsmore's. It is a Colt's navy tha largest size. I never saw the fistol shown in court by Wit. Montgomery, carried a pistol most of the time while I wos In the army. Curried both the Coll and llemlngtnn pistols know all about them t Colt's, the barrel it round j Remington is eight square. I boarded at the homo of Ruth Wibley. on West Walnut etroet, from the 'time I loft Montgomery's until I wm arreted. I was arrested in the grocery store of Janice Montgomery, iu l'humix Itow, by Sheriff Smith. Tho reason that I did not make this statement before the Coroner's Jury was, that I had some hope of esouno, and did not want to toll anything more than I oould help. The first statement I nindo to Sheriff Smith uud others was, that I had loaned my pants, coat. vest. tuwa a tol to a man by tho name of Johnson, frem the neighborhood of Clamille, for whioh I was to receive fifty dollars. The Sheriff asked mo if I was acquainted with John son. I told I hnd icon him onoo before.. He askod me whoro I had received the clothes, and what was the condition of the clothos. I told him jU8t as he had found them tho pants was muddy to the waist t and one of the boots had a heel off. lie askod me where Johnson gavo me the olothes back. I told him nt MoFurlnnd's sheep shod told him that I put the boots on at the sheep shod, and wore them np to my boarding house. Ho asked me how mnny loads the pistol had in it, I told bim four whon Johnson gave it back to me, and six whon he got it. I told the Sheriff that Johnson told me that he had discharged two of the loads from the pis:oi. i mi pistol, i made this statement after the Sheriff found my olothes.becnuse I thought , it as better not to tell tno truth ! Wo did not go to Mr. Dinsmoro's with the 1 intention of murdering him; wo went only ,or the P"rP"Ronf robbing him. I loft town ",10 evnin! of 4th of Deoombor. betwec B,x nna solm 0 .oloo K .to Mr. Dins- six and sovon cTVthorsrwhuZradTnt out befora encoring town. It was about twelve o'clock that night, whon I got back i . mi vumujuuge. .rotifer then savs: 'lluvinir mm1 !. forogoing statement, I deom it prudent to show the public why I didn't testify in the case of W m. Montgomery, not that I wish to expose any ono publicly, but I wantti warn others that may follow my footsteps in crime not to be doceived by counqol.' Ho clmrgos his counsel, Kuth & Little, with dealing unfairly with him, inducing him to remain quiet upon the trial of Wm. Montgomery. Jr., by representing that it would benefit Ins case, which was to be taken to the Supreme Court. He further charges thorn with induoing him to copy and sign papers prepared ostonsibly for his case, but which are now in the hands of counsel, donying his former confession and relieving Wmi Montgomery, Jr., of guilt. Ho warns tho publio not to believe any such statements which appear after his death. Ho concludes: I feel that il l had not had any counsel at all, ond persisted in former statements made on trial and testi fied as 1 Bhould have dono, I would have been bette' off to-day. I would again warn tho publio against believing any paper shown after death but this one which is truo and signed by me before God and in the presence of some of the most prominet citizens of Washington. This statement is dictated entiroly by myself, nnd made freely and by tha prompting of an ovorburdoned conscience. Signed by mo, this 15th day of April, 1807, in prosenco of the following witnesses. Signed. Robert Foolir. Witness Kobert Douctvn, William B. ' rf0',"8 Jume8 D' IIerr' Ml U' CIark' John She IVcpMiau. J. E. SAYERS, litlilor nnd PufcdTslicrT WEDNESDAY. MAY 22, 1867. TICKUS OF SUUSCKH'TIOX. Two dollars a year, payable Invariably in advance. One dollar for six months, payable, invariably in advance. TERMS OF ADVERTISING. Advkrtihkmknts inserted at $1 SO persquare t'l.otl.ci.n tt.anyll.nc ...I r.11.1. U iuiiiiiviuoi.iiiuu3,uiiuiiui;ia, aDi uiiiDiuivnuu additional insertion; (ten lines or less counted j a square.) Local advertising and Spkcial Notices, in ecu 1 3 per line lor one Insertion, with C7A liberal deduction to yearly adver tisers. Advertisements not marked with the num ber of insertions desired, charged for until ordered out. To those unacquainted with the confession ofFogler, his trial, and the history of the Dinsmore murder, our paper will be Interest ing enough this week. Those favorel by a reading already must sacrifice the pleasure of our UkUiil variety. We have no room what- ' ever, for much that would bo interesting. Advertisers and others must excuse tha liberty wo take in omitting and deferring as it is be yond a possibility for us to lasne an extra. Lamps, Lanterns and Chimneys of every description at Q. W. Roberts & Co.'s. 1. u. oru. T. JUiv. J. A. Datidmv, luo Bute Lecturer, . .' ' tii iH'puiar ivmperiince orgnniiation. win aoiirer flllieniiranlll ntlA nrtli. l.ttlll.na nfn- Imm a. Wmtnuula crciilng, May 29th. Weboepaik cordial recepUon for tho gentle man nnd auecoM to lili neble purpme. Mlnia ten will pk'uao aiuioimco to their rmpootlve eongregatloni A miro nrtlclo of Linseed Oil And Wh'.tB Lead on hands ntO. W. Roberts & Co.'s. Don't forgot the aula of town Iota Id Wnjuoeburg, next Momlay, 2Uh lint. Paint Brushes Whitewash Brushes and all kinds of Brusacs at G. W Roberts & Co.'s. Jirr. .Divib wua rolooauil , at Hlchraond, MaySth. oa1 giving $100,000 ball for trlul ut the noxt torra of Court We Sutl among hie honilamon Horace Greeley, Chaa. O' Connor, John Minor Botta, and othera. DeMa' hal (on to Nliignra Fulli for hla health. All kinds of paint, dry and In oil, at d W Roberts & Co.'s Drugstore.. Tilt Ilycre Mlto 8ocltynuptIat will held a Baaaar and1 Pi-ativul In tho Court Houao, Wayneahurg, Wodneeday evening, May 30th, 1807. Ail tho popul.tr Patent Medicines sold bv G. W. Roberts & Co. An Exhibition will do given by the Juvenile Mite Society ol the C. P. Church, on Thurs day evening, May 23d, In the College Chapel; Programme varied and interesting. Got Ilostctter's Stomach Biltors at G. W. Roborts & Co.'s Drug Storo: G 0. A. S The Annual meeting of the Qreone County Agricultural Society will bo hold at the M. K Church in Car raichacls, Pa Sate i day May 27th 1867, at 2, o'clook P. M. to oloot officers for tho ensuing year. A large turnout is de sirable as business of importance to tha Society may be transacted. II. II. Crei, fret. J. F. Mitchenbr, Seo. 2w. ! A splendid assortment of Perfumery and Toilet Soaps for sale at G. W. Robert & Co, ' The American Sweet scented Glycerin Soap at G. W. Robert! 4 Co.'s Drug Store.