l'iiiiip Wttscl-ll te not read aboit
tin? case; have exprei-scJ o t-pii'ion ;
at not related to either cf the dcferd
an:s; have no consjien'.iuiH sernp'cs
71 nst capital punishment. Stood aside.
lZMljrj.il!! I. Miller Have reail about
the case ; expreii-ed an opinion; could
render an impartial verdict upon tl e
evidence; have no conscientious scniplta
8.iin-t iv pi I al punishment; not relatt tl
to either of the parties; nail account ol
ewe in Sonera Her.u ; aUo in I'itt
bnryh papers. Accepted.
A. J. Sterner Have heard ulut the
case; expressed an opinion ; don't think
1 eonll rive an impartial verdict on thf
evidence. Excused.
IMer OnsttaJ Have heard about the
case : exsressed an opinion ; could not
render a verdict according to the ev
dence. Excused.
Josiah Xeirmin-Read about the care ;
Have not expressed any opinion ; could
render a verdict on the evidence ; not re
lated to the defendants; no objection to
capital punishment. Accepted.
Jacob L. Manges Heard about the
case; have expressed an opinion; could
render a verdict on the evidence; no
FcropiM against capital punishment ; not
related to either of the prisoners ; read
of the case in the Somerset JIlhai.d.
Accepted.
Josiah Colin Head about the case;
cxiiressed an opinion ; could render a
verdict on the evidence ; no scruple
against capital punishment ; not related
to either of the prisoners ; read account
of case in the Somerset Hkk.w.h. t'hal
lonjred by defense and excused.
Christ K0011U Head about the case ;
formed an opinion ; could render a ver
dict on the evidence ; no scruples against
canital punishment ; not related to either
of the prisoners. Stood uside.
kk.o vv .Mo::ni(; si-ioX.
I red 1". Walker Have heard of the
rase; expressed no particular oinion ;
have no conscienlio-i scruples egsinM
capital punishment; I have not been ap
proached by anyone in regard to the care:
read account of the case in the Somerset
llix.u.n ; have not reached any conclu
nion as t.) guilt or innocence; could try
the ease according to evidence. Accej.teil.
.lohn Marieenv 11 'ad a i?od deal of
the case ; made or expressed to particu
lar opinion; I could render an impartial
verdict. I aai u-j. relati n toanvorthe
parties and have no conscientious rcru-
plesajf iinst capital punishment; parties
have taiked t i me about the rase; no
jierson vaine to see me as to whether
these uun are jrui'ty or innocent. Stood
aside by the Commonwealth.
John H. l.-iwry Head about the rase
in the Meyersdale (Vn .ir.v.'d; formed
nor expressssl no opinion; 110 one ap-
ur.ijj.tio.! mi ,: s.to Iheit'iiH or innocence
01 toe licicndanls ; 11 cons.-1e1mou.-7 ...
p'cs ; i am a son of lMnii-1 Liwry. Stood
aside by the Commonwealth.
l'iiineas Snyder Have heard and read
a little hIkmiI the case ; haven't expressed
an opinion cxactlv; could render an im
partial verdict ; have conscientious scru
ples against cai'ital punishment. Chal
lenged by the Commonwealth for cause.
John Shan Head about the ease : ex
pressed na opinion ; could not render a
verdict uninfluenced by that opinion.
Challenged for cause.
Herman Mart 7. Heard about the c.is, ;
expressed no opinion; have no conscien
tious Fcrup'es; in rjird tj capita!
punishment was not npproaihed hy
any person conct-ruirtgthe case-; 1 am no
relation to the patties. Sbxid aside.
John W. lVck. Kead some about the
case; formed or exp.vssed no opinions ;
Have no c ms.!entio:n scruples against
capital punishment ; lia 1 the Somerset
iK-imicrul but not the IU:ai.i; Djn't
think I saw it in the Pittsburgh Jt'tjHitrh;
"Win. E. lvt talked to 1113 about the
case but not as to my tin ling a a jiror;
I a:u a farmer ; Iijyts asked me what 1
thought of the cue ; Itwaia m re con
versation between neighbors; 1 thluk it
was bjfore 1 was summoned as a jaror.
Accepted.
Moses Weaver. lljar.l of the c.isj ;
expressed iu opinion ; have conscien
tious frcrcples against capital punish
ment ; it would be ajiains., the rules of
our church to go em such a jury ; the fact
that I have conscientious scruples against
capital punishment would influence me ,
in determining the guilt or innocence ol j
the defendants. Challenjd for cause, j
John II. Ilite Heard about the ense
and cxprewd an opinion ; could render
a verdict though according to testimony ;
live close to Jenner tow nship; my opin
ion was formed on what I heard ; my
wife is related to the constable who
ma le the arrests. A.vepted.
John Eudslcy Head and heart) a good
deal abatit the ca-o, and nude up an
opinion; cotiMa't render a verdict en
tirely free from the j 1 Igment already
formed. Challenged for cau-'.
Joseph Sarver Read an 1 heard about
the care, and formed partial opinion, but
could le governed by evidence; ha.eno
conscientious scruples against e-apital
punishment ; stood aside by Common'
wealth.
Henry A. Shafer Uvo in Somerset
township; have read HcitAi.n and Johns
town Tribune ; have formed an opinion
but could be governed by the testimony ;
live 0 m.les from I'liibcner's ; former
opinion or prej'ulice would not interfere
with tny rendt-rirg a verdict. Chal
lenged by defense.
W. W. li.vw-l:e:id and heard much
atout cise, and forinrd an oi inion ;
d-ucc; have no opinion now m il; it eapiial punUiinfnt; read of the case ;
r..nl,ir.. .....twvi.h.ni than I have rea l Somerset D w'rnit; form.si no
rea l to render a verdict. Accepted
Jeremiah Miller Head and heard about
this cas ; have formed and expressed an
opinion on what I have read and heard;
could render an impartial verdict ; am
not rclited to Umb?rger or 'Constable
Ranch; read m.wtly what the IIerai.ij
pnhliyned. Challongeil by defense.
Jacob J. Wolferdjc-rger Live at Itock
wood ; have rea l and heard much about
the case, au 1 have an opinion" ; could be
governed by evidence ; arn not opposed
to capital punishment. Accepted.
Jacob K. De. ter- Itei l and heirj all
about this case, formed no opinion ; no
one talked to me as a juryman about it ;
have no scruples about capital punish
raent ; am not related to any of the par
ties. Stoo 1 aside by the Commonwealth.
Frederick U. Shaffer Live in Alle
gheny township; am a farmer; heard
about this case ; formed no opinion ; am
not opposed to capital punishment and
am not related t- the pirties. Stood
aside by the Commonwealth.
Nelson Baker "'araier; read the re
ports in Hckald ; have formed an opin
ion ; could render a verdict in accordance
with evidence ; not opposed to capital
punishment; am nni relate It.) parties;
live two miles from Perry Umberger and
six miles from Jennertow n ; never talked
to Perry I'mberger about it; I think I
could divest myself of all preju licjs.
Challenged for cause. '
Chauncy K. Keefer Live in Stonycivsk
township; am a farmer; heard aud read
much about the case and expre-seed an
opinion ; could render a verdict on the
evidence ; am not opposed to capital
punishment ; I'mberger was an uncle to
mv w ife. Challenged for cause.
I- 1). Sine Am not related to any of
the parties; read and heard- about the
case; no one has approae'hed me since
summoned as a juror on the case ; have
expressed an opinion ; but would be nn
inlluenced by it. Stood aside by Com
monwealth. E. E. Pugh Not related to any of the
parties ; read and heard much about the
case; expressed an opinion; could ren
der a verdict according to testimony.
Stood aside by Commonwealth.
Win. Enfield-Am not related to parties;
but read and heard about the case ; ex
pressed an opinion ; am afflicted with
neuralgia and heart disease. Challeng
ed for eau.se.
John fisher Not related to any of the
parties ; road ami tiearJ about me case
and expressed an opinion ; but could
render verdict on evidence ; was vieited
by John l'ihher from Bedford County,
who talked about the case; said he
thought evidence would not be agaiust
the prisoners; thought what he said
am not opposed to capital punishment.
Challenged for cause.
George Cramer Am not related to the
parties; not opjiosed to capital punish
ment; rea l ami heard about the case
and formed an opinion ; been talked to
since summoned as a juryman. Stood
aside by Commonwealth.
James W. Bender Live in Stoystown;
read about the case ; formed an opinion
as to what he read ; could give a verdict
according to the evidence; has no sera
pits against capital punishment ; not re
lated to prisoners. Stooel aside by Com
monwealth. Jeremiah Heniy Live in Upper Tur
key foot township; heard some talk about
the case ; formed no opinion ; nobody saw
mc in regard to the case; could decide
the case on the evidence. Accepted.
Jeremiah J. Livengood Asked to be
excused on account of sickness. Ex
cuses!. J. V. Kautz Live in Jennertown ; am
a carriagemaker ; very distantly related
to the L'iiiberger's ; have heard and
read of the case and formed an opinion ;
if the sworn testimony agrees! witli what
he had previously heard it might have
some weight; not approached about the
e-ase. Excused.
Adam B. Sha!!Vr Live near Jenner
town ; not related to any of the parties ;
read and heard about the case ; formed
an opinion ; could give a verdict on the
evidence ; read of the case in Somerset
IlKUALO anl ttie ritlsuurgu pajiera.
Challenged by defense.
John ti. Boyer Live at Stonycrcek ;
relate'd to the Nicely". Excused.
Wilson Hawn Live in Elklick ; not
related to any paitics in the rase; read
abou' the case and formed an opinion;
could not give an impartial verdict on
the evidence. Excused.
Eraccis May Live in Upper Turkey-
foot ; have heard and read about the
e-ase; formed no opinion; wai approach
ed by no one in regard to the case ; am
not related to the parties ; have no se'rn-
plcs about capital punishment; read of
the rase in the Somerset Heuai.I) and
Pittsburgh papers. Challenged by defence.
John Cieisel Live in Taint township;
am not related to any of the parties in
the rase ; heard and read of the esse ;
foraird no opinion ; was not approached
by any one. ir'tood aside.
I H. A u :11.1c Live in Somerset to a-
shin ; am not related ; no sciuplea agai mt !
capital punishment ; beard and read of
the case ; formed an opinion ; could ro-
opinion. Mooti asuiu ny toi""'""""""
Jospi.h C. lioir.nan Live at lbwvers-
viiie; am not related to the parties; no
conscientious scrnphu iv.'-.iinst capital
punishment ; read and heard of the ease ;
formed no opinion ; was not approached
hy anyone in regard to the case. Chal
lenged by defense.
Tipstaves V.'m. P. Ha.-ton and Theo
dore KimniLd were railed and sworn to
take charge of the jurors w ho had been
aivepted, and were ordered to take theia
to the West End Hotel for dinner. The
jurors stood aside were placed in charge
of tipstaves L. M. Seott and Daniel S.
Miller, who were instructed to tak their
chargjs to A. E. P.ael's boarding honae
to dinner. ,
AFTUttSOON SCSSIOX.
The Court resumed the selection of
jurors in the L'mberger case.
J. J. Shafler Live in Jenner town
ship ; not related to parties ; no scruples
in regard b capital punishment; have
heard and read of the case; expressed
an opinion; could render verdict on the
sworn evidence; read account in Somer
set Herald and Johnstown Trihime, also
in the daily papers. E tensed for cause.
Zacharias Christner Live in Summit
township; not related to any parties in
the case; have no scruples in regard to
capital punishment ; read alout the case;
expressed no opinion ; have not been
approached by any one alxmt the e-ase.
Stood aside by the Ceimmonwealth.
Christian Koontz laborer; lire at
Urs'.na; not related to the parties; no
scruples in regard to capital punishment ;
did not read about the case, but heard
about it; expressed an opinion ; could
render a verdict on the evi.ler.ee accord
ing to the witnesses; have been talked
to about the case. Witness stated that
he was snlject to falling FiieHs. Ex
cused. Wm. II. Walter Herman Umlerger
as married to a first cousin of mine ;
no scruples in regard to capital punish
ment ; heard and read of the ease; ex
pressed an opinion ; could not render a
verdict according to the evidence. Ex
cused. T. W. P.iaek L:ve in Confluence; not
related to the parties; no scruples in re
gard to capital punishment; heard and
read about the case; expressed an opin
ion ; could give verdict on sworn evi
dence; have not been approached by
any one about the case ; read accounts in
Somerset Heuai.I), also Pittsburgh rm-Mmiid-!ir.4itr.
Accepted.
Simon L. Maust Live in Elklick twn-
ship; have scruples in regard to capital
punishment. Excused.
C. W. We:g'e Live in Q'lemahoning
township; farmer; not related to the
ru-otes about rapitai pun
11 and read aliout the rase;
Next div after this ots -l re I, or thai
night, e-eit.iiil gentlemen started to see
if there might posn-My be any tr.u k"
fying aay. We w ill try to sht yo
that then: were Uvo tracks c n.ing this
way from the Westmoreland tide, down
this way to a point Mow the Haj ncs
church,-where they went into the fields the stove ;
and then aer-xM the meadows down 1
n....-t tusivuig ; !" 1 "I'
h-.J o: and the tail one l-'k bis oil.
I opened the door and let them in:
they came in and said : "tico-l eveT;;n.
Mr Umb.-rgir " ; the li::!o &"' said
that, and then Mr. Uii.'ur-er t.dd us to
stir up ll-e tire und give them chairs at
then Mr. I :nlier'er says:
Yon are etraiiirers, an-I t tie litlie man
it- l It tiO
wii.l'u-r s-ic?
haO'ii-p-fi'iO
the hsnok.-rri
mouth
r:i-mf.i
Ml l!l-
bad !)..
l I A' ii" i
it-t" :H :t:n,
Collid Hot 1:1 V vt '
or U'-i-il : !:,(-
I u t
II 'df.Td : w! are
.art ! no
lohment ; bear
expressed no opinion ; read Somerset
IlKBAi.n anil Johnstown Tribune; e-ould
render vcr.lict on the eworn evidence.
Airepted.
Mose-s Barron I live in Middlecreek
township, have heard and n ad about the
case ; have expressed an opinion but
could render a verdii-t according to the
evidence ; have no scruples against capi
tal punishment. Challenged by defense.
Erancis Fal!er-Live in New Balti
more; have r.o scruples against rapitai
punishment; heard about the case, but
have read nothing; expressed no opin
ion. Stood aside by Commonwealth.
Frank C.ranger Live in Somerset ; am
a carpenter; not related to parties; no
scruples iu regard to capital punishment ;
heard and read about the case ; expressed
no opinion ; could render verdie-t on the
evidence ; never been approached about
the case; read Somerset Herald and
some of the Pittsburgh papers. Chal
lenged by e'efense.
A. J. Sembower Live in Upper Tur
keyfoot township : not related to the
jiarties; no scrapies agaiiistc.ipit.il pun
ishment ; heard and rend about the else ;
hive not formed an opinion ; could ren-de-r
verdict according to tlie cviderie-e:
not been approached by any one sine-e
summoned as a juror; read Somerset
Heralk. Arcepted.
The jury, as accepte.1. is comrnsed o(
the follow ing gentlemen : Ephraiin I).
Miller, Josiah Newman, Jacob D. Man
ges, Fred F.Walker, John W. Beck, John
11. Hite, W. W. Pavis, D. J. Wolfersber
ger, Jeremiah Henry, T. W. Black, C. W.
Weigle, A.J. Sembower.
The universal comment is that the
jury i? a good one ; one that will careful
ly consider all the evidence iu the case,
and a true deliverance make.
T1IK TK1AL.
Counsel for the defense asked leave to
withdraw the motion for a severance,
which was granted, and defendants or
dered to be tried teigether. The jury was
then sworn.
The Couit then ordered a jury draw n
for an uuimportant case to lie tried this
evening, and twenty-four juroM were
called who, together with the twenly
feMir now iinpanneled, were ordered to
lie in attendance on the court Monday,
and the balance of the jurors were discharged.
At .1 p. m. the District At'xirney, F. W.
Biesecker, arone to open the case to tl e
. ... r 1.. I.i.tl-!! milenf 'lid: "Uin from
II I w .linn e 1 hi i. ii. - - 1 . .
le and a 1 constables, an i liae a wairai.i ior ; -x- 01 mve . : :
el'v that has bun Ucn between, tiere 1 it iia t 6-n i-u,.-
.n.1 .Unw and we are hnntisi it n;, KK.-ket Would u-A have ai.i II 1
ti.nin.rto-A.-l. all.) Wit. nil a nnle an
haif of where Umbcr-r lived. UuiU r
ger's house' is by the mad, and there is a
knob r hill ah ve. whew one can ssa
both wiys and all around U.nberger's
property. n; an I tlo xn th2 roa 1. W e
will try to shoiv that the same tracks
that came np the mountain came down
th'usideof the mountain, ami that tney
ri'ieil on' ot 'i.'i' N'.iuiy '.i
of h'-aritu at S. lire K.ci,i:'5
;IV it 'r l;i:lt r';t-i.!l 1
a l.;e-nIis.-r'-Ji:-fj'l-.t !.lo- '
jnl sore t'i's : f! 1' i ncU.i r-. !.
-ket a: t:
1 oul
I
-I
i.f
and we will search f v ry house from
Jenner to John-town nnh s welin lfne
jewelry;-' he said thi'.t they had .siareh
ed FraLk Ileiple's and Mr. Fiiedline's
houses, and they would have to search
bis ho jse, too ; it was their busine, and
went Into lie woods above Umbergera j they had to do it
saw I)eve Niivly at i;.tui'i,'s; i ...-,
t-f..r tiie niht if tiie r; . 1 1 i--r . r..
him iy his vo!ee, tht- .v.iy i.e w.:.
did not iia'e overt: s o1! nt s j't r
am not sure whether he ha I an ,
knew him by hit voice anJ ?iz nv
him tiik before fhe night of
.(. t
toi i
HIM31
f !!
one
:
the
we a.:
otifd
' -kft
' rcr
" toot
a Co
his
' a have
' id I.:
' ' er t
b
house. We will show this by tae con
dition of the snow, indicating that there
were persona walking around there; leav
ing some sacks to ho that they had
taken a lunch there. We will show you
that the same tracks that went into those
woods, afterwards came out and started
towards Uniberger's, and that they were
the same tracks that came across the
mountain. We w ill attempt ioshow yon
that the men who made those tracks w eie
the men who committed this murder and
at
j heard hiin talk wilh han'!i-r..!,.tf '
So .Mr. Lmuerger saui u inry i.m-t , mouth ; couid nsogniw his v
search of course they roul I seareh, but ' iiearin, iave sx.ny a.-ke,i n,e
he said they couldn't find an) thinit ; Landkerehief he pntleJ o:.t of I;.n , . B1:
there ; it was the little man that done j was the one or one like it ; I a-;.,i x ..
the talking; so Mr. I mberger told me to : he got hurt on the n:fr't.t of :;M!
get a light and I went in the kitchen and hi hor had rua a .i; a-i 1 t!i
. . ... . . . ; 1.. . : ... t 1 . 1
got a light and they went into me par-: omy njn.mnmii . na 1
the at Vmberget a an 1 S enre l!ei:. i.
nil.i.i.n ..! M, r,hrwil-l Mm. M " w "''? ! th lir;
. . 1 1 1 1. ,
tor ana inio me oeu-rooiu 10 srjim , ; ,
i ml .. .v. i- I Ii..inei u-pnr n ttiere and 1
me and the big, tail man was out. in wie
dining-room ; the little man said the tall
.1 1. .. 1 1. :.. r. . 1... w . .1i..ti .w n fii
robbery ; we will show you Ui-at one 01 maima-i ins wio ...... , - J
the defendants whom vou have on trial into the room I asked the big man how
. I 1 I .... I a,. .... t I... oii.l ) . 1O1 ti iiil
here to-day. was seen leaving I.:g.nier ! no nappeneo 10
lilt!,
if si'
two
atlier-
" i d.-
i.1 ai
ti,e
ii-e: I.d.l (.a . .
r I...
Uie next wee k. Ti.
niAk or f.itse bear.l ; emii ! s li
ar..iiud his ey.-s ; ould n-.t sh.I,. .,. .
very well ; it was a irrjy ne.:i-:.i, !,, j,.
aa.l huir ; hair uii.l-iiin I.m ; sur u tl.
n-.t a natural beard ; nev.-r -a a t ..-ard
Jo-'V
t; c-
on the day of the murder ; we will show j that coming down from Jenner the horse u .r. . llive gray brards.
you by several witnesses that both of
the3 defendants were met on the oth
er sido of the mountain, coming this
way, late in the afternoon, within a mile
or two of the Somerset county line, and
that they were walking very fast.
We will show you that the.-:e two de
fendants, that we have arraigned here,
were eeeu at the Haynes church, three
or four miles down this w ay from Hie top
of the mountain, about four miles frotn
Jennertow n, and six miles from l'iiiber
ger's; we will show you that two men
looking like these passed dow n that val
ley that same evening.
From these facts, and from a compari
son of the IsKits or shoes these men had
on, we will try to show you that these Bri
ttle men w ho were there that night.
Iu addition to that we will put on the
stand Misa Ella Steam, the hired girl
that was there that night, who stood by
the dexir le-ading from the dining-room
and long tief-jre ; ha:rontiie lie-.t 1 .1;,J r,
look natural ; looked at hU lo r v-.er t
J one lilit in the r.om ; was (':.- e :i. . -ri
seared and the bury upset an l he hurt
himself, but he didn't know right how it
happened he was hurt too bad.
While they were searching -the little, see; tlie lam? was r ij i.t Um.I.
man, Mrs. I "mberger, Mr. U mberger, and
the little girl the tall man says: There
is a good bit of fun in searehing houses;
) many people r fase the back room,"
and he laii-'hed. and chai) 'd his chair:
I after the little man went in 'to search,
where he could see ; he moved close to
front door w here he could see the
led-room and the parlor; I was abo it as
far as from here to there indicating a
distance of alsjut twelve fes-t from the
tall man then; there was a lamp lit and
standing oil tlie table and he was facing
me.
The little man went into the bed room
to search, and he sii l he di.la't I'm-1 any
thing at tirst, an I ho cauu out again;
then he sai l ho had forgitten to look
un ler the bed, and they went ill to sec
under the bed ; the little man and Mr.
I?,i l
I'm
re ft
t.Vi
Oil '
' e ex!
11.4.1 IE
to the parlor while one of these parlies 1 "mberger went in and the little girl was
stood there talking to her asked him j al,,ng, an 1 she came out aud says to Mrs.
what was the matter and sympathized j ('mlierger, "Oramlpap wants you to corne
with liim ; he saying that he had been n," and she went in then; and after siie
thrown out of the buggy and hurt and I . jn the tall man walked in, too;
having bis face tied up. She was only j that was the see-on.l tiia-i they searched;
the width of the door iroin hiiu all the 1 t:ic tali nmn walked into the bed-rotn
time the investigation waa going on by , n,e time of the secoii.Lsearch ; hehsdut
the other man.
Ella Steam will come n;n the w itness
stand and absolutely identity tneui ; stir
will swear that the two defendants ar
raigned here are the men who were
there that night. She will positively
identify them from the clothes they
wore, their voices and other circum
stances. Mrs. Unibe-rger will bear out Ella
Stearn in testifying to the same fact
that these are the two men and her
little grand daughter, Nannie Horner,
will coiroborale the other two witnesses
as to their identity.
Theso mem, whoever ttiey were, not
only took Mr. Uinberger's life but carried
ofT his money taking ail he bad, a sum
amounting to from $1.",0)J to i-'d.OJ).
If we can show you these facts, as 1
believe we can, with a great many others
that I have not time to detail to vou now
we shall ask you to convict the defend
ants in the manner and form as they
stand indicted.
The first witness called was Henry
Ranch Esq., who had made a plan of the
l'mberger dwelling and was simply
called to prove it to be a correct repre
sentation. He explained it to the jury,
and when he left the stand Miss E la
Stearn was called and testified as fol
lows:
. EVK-wrrxEss peschibf the mi iider.
Miss Ella Stearn, who was living at
the house of Herman Uuilicrger at the
time the murder was e-oiiimitted, was
called and testified to
the circumstances.
;3
' Ks7 fS.
been in before; he was sitting talking
with me; while they were in there he
niti.trt. tl.c.i pntl ouw tlie uiiddio
drawer, I think; I didn't see that.
In a couple of minutes they cam.; out ;
the tail in.i'i an 1 the little man came out
first; I think they came pretty close
together; I hardly know which one came
out first, but Mr. l'mberger was in there
and became out, too, and then the little
man walked back to him and says, "Now
your mone-y or your life," and then draw
ed the revolver up to var 1 him, and then
I ran out, and as so 1:1 as I was out on
the prn-h I heard tiie shot; I was on the
porch when the first shot was fired; I ran
over to Adam Frieelline's and eau bee's
in a!)-.it half an hour, and w tien I came
buck I found Mr. t.'.n'oerger lying on th 1
iloor dead and the parties gone.
Handkerchief shown. This is the
handkerchief ho had tied around his
jaws. Witnes3 shows how the hand
kerchiefs were arranged.
These defendants were before 'S piire
Ita'Jch in Jennertown ; I was present and
saw them ; they were also before Judge
Baer on a hearing; I was there and saw
them, and I saw tbein in the court house
yesterday evening; I have s-en theai to
day; they are ii- tha court house now.
The witness points out the defen hints.
The little man kept his hat on when
he sat by tiie stove ; his hat had a pk e-e
out of the rim ; I think I 011II r.-c og
nhw that hat; hit sii .!; tint's the
hat ; the pieee is out of the rim that 1
spoke of; that was on the back of his
head.
The large man's nose was not covered
bv the han.lker.-hief : si-.v his ei-.t nti I
of Kebra .ry I was j rt of hU where tht.re M uo han
oilier sule of Jen.
iter, at Mr. Jler-
five or ax ft-t fr)ni hirn ; t
ha ! a brown hat uii with u s-iffc t -ni j;'
tlj rim ; tlil not Kil Jlr. Vjimr
came l gtt de"M.r.tit:i i-fii.e v.wr t'.A
way Ihey were il.tl tlmt it w.-v L..
fiat whti m lioinuit f ii.e t-mw:: .
him it wo a dark lit with a ;;::f lr
never a-.v tlie litlie man be-Iiire t!:f nv.nt
revogu't lilin a! Ue hta.rin by l.:3
dul nol .-et Ui 111 fmm nii ut i iv. .
until tin iu-ariuat Ui'u-fi -i. u;iri
sh-u!v l hen : CJ'iM nut t-ii ho-.v ni.i iy .
lleiJke; tU.i tint kiitw who ti.oit mc
ft.ai:ch w cut in a rarriajt ; n-t k'
.vhvtiuT it wan Win. rioni.i.-: th 1 u if 2
him a Ur TUfUuii ofih; t;i'! in s . ,
know whft'jef he aik-l me tor j tl--ir;:'
ut' tiie inuti ; Jil nt tt-ii l.ini
rhe little man iuJ a iii.i.-k t
fa.e; lo ii-t know tint l.v
mo aiMit what kitul of Km k.i, iuau
one was ; (!iil not siiy to .Mr. V..iier'--l
he man hail a mustache: as hta.y
ler than it is : hl not it l.t.n tut ti
hal blue ty, nH a -:y . if j
man who toik me in can'iu-H tn t:, .i
,lid not tell Mr. Th uuo-i that 1 :
tiie tall man wa a rel f.u-ii U-ijA . wj.
tjiven a luMTiifiiou of t!i Nioi y ijo"
Cuarles or Lewis aiutr a:ni a-if w
" - ' iinrv
both there toother; liiii.k ii u x li : .
but aui not ufe, cannot leil ui.t tlttT
ll.eiiav before I w.ut lo b,;.rt.'i:i
think it wah on MomUy, went tvtr tu A
t'rifctlline s imri. diati;.y a;tT the nur
it i-a!out ore h.til m.le frum I .
it was a 'Um fo'y n &n . th r-j wa- m
on the grountl ; cannot tc.l 1hi.
ahte on ; l not stay v.-ry 1:j1i-i tL
line; a gooi many iH'-j'le cana t in:
during the nin'hl , cannot te'i lit re t;,
came from ; heard tlie leM rin wii;:-- i
at Atlaru t rit-daiic 3 ; lizard u rue' u, -k'ot
to Kr:wllinir; ffai 'ivtiy u-ixr t
when I heard the b il ;
church at the u.xl Iimu-h. t.'iii.ii tc
them cauie to theiiou-'t; lr.:u t.i- c.i
saw onie ftv)jj!e rnj;n Jnnert'.v:i . ;
iLtiich and John. Mr. K.ia:x-bi;:i k
did not see J.k. ll.-am; voun IIi j
Baylor.
Mrs. Nanry rm'.rrr. -w.ni-A:u Jim'
of llernuu r ; at home- ;: j
uiht of L'7:h of Fe.-hrM.i-y . to in n 2
in and ak-d for Mr. laide-r-r; lluy j;u i
and at by the stove ior ah ui a lu.:
nour; I a-ki'l M S arn ti
they akel how fir it w i-. to 6
i hey were from i;-jd:"rl t unity. i, 1
uad a search warrant for 5-o:n j-e!ry ' Aie
u Itl by A edi.cr: iuve jjrilni ibjfa
name ; theV akcd if we iia I a h:rni :u:-PSfe '
On the 27th lay
jiirr. He detailed the circumstances of
elcr verdict en tho twora cvidene-e; wasitlie killine suhstantiiilly as given fie
not approached by any one aU.ut the . ipiently heretofore in tho pnrs, and as
cae. Klood aside by Commonwealth. I tcstilieil to by Ella .Stearn and Mrs. I'm
William J. Me ers lave in North- berger. As to the connection of these
amptou township; am not related to the defendants with the crime, Mr. Bicseck-
I s.i .
cou d render veruiet according to evi-1 parties; Lave no scruples in regard to cr said
had lived there
since the 2l:h day
ofj-.ine; therewas
two fellows came
Brriwa I Im ...... .1. ....
4?131 ul.
-v ii..,t . i
...in ttiiu
there was a rap at thedjorand I left
them in anil the-y came ia and sat In-fore
the coil stove ; when they came in I was
sitting at the table, close to the parlor
door betwien the parlor door and the
table ; Mrs. l'mberger was sitting in
f.ont of the table, alonjj side of me ; w e
gave the two men chairs in front of the
coal atove and they sat down there w ith
their backs toward me; one w as a taller
man th in the other, and ono man wose
a derby h it a brown hat and dark
clothes, and had two handkerchiefsti.il
acro his chin and had brown overalls
on with jellow striies, and an overcoat:
the tall man had leather boots on, ai:d
the little ui in had bu:u boots on; and
had his pants in his boots, and had a
brorn derby hat on and he done the
aa oveicoat on ami
overalls; I couldn't recognixj the over
coat ; it was a dari oat ; he ha I brown
striped overalls uad leather boots ; I
can't ted what kind of ove-ralls or pants
the little man had ; his pan's were dark ;
I don't know whether they were strip
ed or not; he hi I d iri clothing on
Overalls shown and recogniz.sl by the
w it ncss.
Crcs examined by tieneral C'otT.-oth.
Have lived at Uinberger's abjuta month al
tofrelhtr: The patties came on the porch
between T anil S o'clock ; il was .lurk ; bad
the lamp lit hefore they canie in ; hail b-en
; co
Hh.-y
d th
ire Iw
ay. 1.
waa i
to l!.c
bet'
un le
to SJ
en:t ii
! jif
nh.-d
f
;bi ij
bbji.'
le !!
irnt-
ui-. v
ai.,1
ilaM
i- V
l.iis
jirnno
" 'uf r
r;itl
' aii4:l
; an. tti
he
tbclr
a-lji':
-as it
n tfc i
Ui,f
li'!t
Court
--
.ll!lft
hy
po 41
ai:-i
,., ..terrfli
;e-h
at i
eiDtia,"
, bs.
lrm 1
iJ lu
Kim,;
, L50't
. ! I
..aid we ha.l bin he was not at i
air. e mbe-r -er. iii .-s.-ir, M.n su-irii ai..:
it c le iri Were al tiio ho'.eMr ; lie i'i t::
Ier out of tns pjeh.-l aa i n-.ei a .
is lo.ke.1 wtialilwa-.; b: pin it
iHM.ket uain ; su.j lie w-.u. i lia. t.
ari.utt.I tl. e terns an.l io.. l-.r '.ii.-j.ru
Mr. I'luix-rcr sai-l tie ei.nl. I hit i.t i
nut tin J anything ; ttieirl w.-:r. oil
ibe kilebeti an.J broti 'lit a iilt:ji a cj;
we ttien went into Ihe parlor w .lii 01 rn
lillieL-irl, Mr. 1'ii.lK-r -er an.l mwif
arotuiU and lie tiiialty sai.i i;htl- wa? :. ;
nig there and then went int.. tje U i VJie
then be wanted me to 'i-ri ti e t- ips are
drawers ; I opened the top drawer. i. a 8.1W11
el tliru:i'ii it and then a-.-1 i"--1" 9 natar.
anottier drawer; 1 op...-ned tbe i.i.i ,r .iri-re am in
be then u-.ked llial I oj-en li.e utiirf I
that was the drawer where tin' ni-a. '.
I oi.e. the drawer and Mr. l-r..:-:.-.r alk Son
that he had a little m ne-y itiffe ai t
poeket-biH.ks ; he said y..u n."l t'"- '
ilieni ; he llien went to tie.' .l.r ail
around the clothes but co ll i r.mii
ibine- we then went into t!l" .!t;:i-':
aaill ; then he said he had r. r- ueo
thin and must irobj.-k and y' --.
have a
of H f
f nulte
. -wwiog
'.it.-
,1 M.-i
n.-...i:
ihe ab!e; had been w:il.inK' tlisl.es bel-iie; : die and tome nkiiij ; I il. i u
came in and afterwards lit li e lamp; it ws and the little girl came eat .
a little after .lark w hen they came into tb : 'tan.lia waiite-l me tooi u -
house; fhotil l iy between 7 and S o'tl.a k ; wa.ited Ihe bureau pu!!-d a - o j
uio 11. .e smj- iH-iorv 11 was aijtn o o e.m k. wall to niey cou:i s.-e 11 t:: "
The wiiness was reo'ieM.-.l lo slu.w tlie ' batk or aiivihii.ii of thai k 1
court 4 he maimer in which Ihe handker
chiefs were tied over the head and mouth 1 f
onof the men, which the wi:ness .lid ttin.-
the haneikcrci.i. f. on Mr. llieses k. r; ('..iii.l
not say how many bandkerei. els were
shown at the hearing. Pewitiee that hand
k. nhiefa w is tiros the I.re man's face;
could not see any of his hair iu fiout;ba.l
mad and ix-iran ta!ki:! d'l!
d:d nol itiidirsiand :o;y .ii:' t
i.-urn t.:r. ; Siil-i I "
neighbors ; then Le ! ar
itie tail tu in was iu i! "
little man was in the r. ..in '
Her: Mr. 1'u.ucrjje-r reai-l.td
drawer and took the mom
I.:rti .
i, si
,,..! 1
al at tl .
1
Mr I
aVlirfS, '
Xtri ;i
t cp ia 1
wood
: nb and
La nna'i Hi