Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1860-06-27

him. He swore another oath at him, and
turned around, when Hockenbury pulled the
trigger and shot Thompson. rubbed against
Thomsson's side with my elbow when he was
shot. Saw both men. 1t was Mr.. Stirk's gun
When he took the gun, Hockenbury said ,t
looked like one he bad at home. 1t was two
or three minutes after this that Thompson
came up.
II. d. Patton, sw.-The Commonwealth OBJ
jectng to the testimony of this witness;
The prisoners counsel propose to prove that
the act was committed by Hockenbury under
fear of his life; that from former menaces and
acts his mind was divested of the power of re-
Election at the moment. The opinion OF the
Court was held over until morning.
Adjourned till O'Clock, Friday morning
Fridays Proceedings.
The counsel for the prisoner offer to prove,
to mitigate the offence, to fix the grade in re-
ply TO the case of the Commonwealth, and in
excuse for the killing,
That Hockenbury is a man OF weak intellect,
of nervous temperament, of timid disposition,
and of very little bodily strength;
That Thompson was man of large frame.
of violent temper, of turbulent disposition, of
strong mind, and great physical ability;
That Hockenbury was witness in an in
Thompson has always threatened 70 revenge
himself and always abused him that on one
occasion, but three weeks previous to the kill
lug, the deceased met, seized and abused the
prisoners, and when he called for assistance no
one would help him, because they were afraid
of Thompson.
After hearing the arguments of counsel, the
Court decided to admit the offer generally,
but to limit the mputia, in order to show the
condition of the prisoners mind, brought a.
bout by previous threats.
81. d. Patton.-Was in Lumber city about 8
weeks before the fatal occurrence. As went
into Davis's door, Hockenbury called me to
take Thompson off him. Asked VIM. Prices
two boys to help me take him off, but they re-
fused. 1 then went to Joseph Straw and told
him Thompson should be taken off. Straw
said it ought to be done. l then told Thomp-
son he must let go. He said he wouldn't un-
til Hockenbury would acknowledge that he
had sworeto Cd id lie. He didn't let
go,and swore he'd knock him down and smash
him through if he didn't acknowledge that he
had sworn to Cd id lie. He said he
would attend to all those witnesses that had
testified against him in Court. / then told
him if he didn't let go I'd hit him with a chair.
Then he turned around and recognizing me,
said, "Hello, Harry and let him go. then
told Hockenbury to go into the room, when
Thompson said, eff it wasn't for your gray
hairs, you old son of b-h, I'd knock you
through Hockenbury said sfor God sake
was afraid of him. then took him to the di-
ming room door; didn't go in then, but did
afterwards. Considered Thompson very pow
erful mana fighting man. Hockenbury 1
consider perfect infant in strength. Every
person ever heard speak of him said Thomp-
son was very quarrelsome man-that it would
only take about one drink to start him.
Jesse Weaver, sw.-Liyed about 80 rods
from Hockenbury. Heard Thompson, short
time after the suit for riot, swear in front of
Huckenbury's house that the first time ne
caught Hockenbury he would tramp his God
d-n CUTS out; he said he bad swore lie and
he'd have revenge. / told Hockenbury that
him and all the witnesses who had testified
against him. Hockenbury consider rather
weak man. Thompson was stout man. He
was considered a quarrelsome man.
Thomas Maghee, af7d.-Had conversation
with Hockenbury-told him Thompson had
threatened to have revenge on the witnesses
in the riot case. Have known Thompson for
several years. He was regarded as violent
man. Thompson was a much stouter man
than Hockenbury. Have known the latter
twenty or twenty-five years. He is weak
minded, nervous and excitabe man.
James Riddle. sw.-Have known Thomp-
son some forty odd years. He would take
dram, and when in liquor was quarrelsome.
Geo. r. Barret, sw.-Have known Thomp-
him called, by those who knew him, violent,
turbulent, and by some a dangerous man.
Have not known him intimately. Have known
as long as have known anybody
for over 80, perhaps 40 years. 1 always re-
garded him as rather weak man, excitable,
and scarcely responsible for what he said at
all times. l think he has always been man Of
delicate constitution-not much strength for
a man of his frame. Thompson was perhaps
a little more than an average sized man-pla-
ced rather high estimate on bis combativo
j. F. Lee, ,sw.-I consider Thompson a vio-
lent, turbulent man-was generally regarded
as such. Have known Hockenbury good
many years. regard him as a man of weak
mind-he is excitable and nervous.
Samuel I. Hoover, sw,-I have been partial
ly acquainted with Thompson for about Is
years. He was regarded as quarrelsome
man when under the influence Of liquor.
John f. Weaver, sw.-Haye known Hook
enbury 13 or IA years. Have had considers
bic business with him. / considered him a
weak, timid man, of nervous temperament and
feeble mind, illiterate and uneducated.
Robert Mahafey, aft 'd.-Have known Hook
enbury for 20 years. consider him a weak
minded, nervous and excitable man. Have
known Thompson for or 10 years. His gen.
eral character was that of a violent and turbu-
lent man.
r. u. Miller, an 'd.-Haye known Hocken-
bury about IL years. He is weak, mentally
and physically. Thompson have known
since he came into the neighborhood. His
general character was that OF a turbulent, quar-
relsome man.
Branson Davis, re-called.-During the pre-
ceding food, when came into the bar-room,
Thompson had hold of Hockenbury, and was
swearing at him. was afraid he might hurt
him, and told Thompson that HockenburS was
not able to fight him, that he knew be was
not, and that he should not strike him.