Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1860-06-27
TRIAL OF JAMES HOCXENBURY.
FOR THE MURDER OF JOHN THOMPSON.
In the Court Of Oyer and Terminer for Cleartield
County, March Term, 1860.

The trial of James Hockenbury, charged
with the murder of John Thompson, was com
rnenced on Wednesday afternoon, June Goth.
The case was conducted on the part of the
Commonwealth by r. j. Wallace, District At
torney, j. B. M'Enally, Israel Test and T. ]
Mccullough, Esq. RS on the part of the de-
fence by VIM. A. Wallace, H. B. Swoope and
Walter Barrett, Esquires. At 20 minutes past
O'Clock, the prisoner was arraigned at the
Bar, and plead not guilty to the charge of
murder as embraced in the indictment. Tho
counsel for the prisoner objected to the indict-
ment, which was framed under the revised
Penal Code of March 31st, 1860, on the ground
that the defence was not substantially charged
in the language of the Act, and for general in
formality, which objection was overruled by
the Court. The counsel for the prisoner de-
INJURED from the opinion of the Court as to the
suficiercy of the Indictment.
Several hours we're then consumed in Sc
lecting jury; and at a few minutes after
O'Clock, the requisite number were chosen
aud sworn, the jurors being as follows:
Frederick Fraily, Elijah Burns,
William Sloss, VIM. Ten Eyck,
Isaac Mckee, Philip Erhard,
VIM. A. Bloom, Moses R. Denning.
Samuel Kirk, Alexander Irwin,
Clark Brown, Matthew Caldwell,
The case was then opened by Mr.. Test, who
stated in a neat and succinct manner the cir
cufnstances the Commonwealth expected to
prove. We append synopsis of the evidence:
HENRY DARR, sw.-Was in Lumber City in
April when the affair between Hockenbury
and Thompson occurred. Can't say what was
the commencement OF the conversation
Hockenbury was at the left hand side of the
door on the porch at Davis tavern, gun
standing by his side. Mr.. Thompson was some
distance off, on the porch, on the right of the
door about ten feet from Hockenbury. Thomp-
son said to Hockenbury, ssYou got that gun
10 shoot me, did you Now d-n you DO it 20
He id him to shoot him and held up his coat.
Thompson told Hockenbury he was sea id
perjured scoundrel,' and that ssbe had sworn
in Oldtown what no other man would swear p
that he was an ssornery son of a b-h.'' Thomp-
son took the last words back, said that his
mother, he supposed, was a decent woman, but
that his conduct and actions had proved him
to be such. Soon after, Thompson stepped
from the porch on to the steps leading to the
road. He abused Hockenbury, the latter say
ing something which witness did not remem-
ber. Thompson then stepped up on the porch
and told Hockenbury he didn't want any of
his sauce, or id if he wouldn't kick him.
At this time Hockenbury had turned and went
into the door. He had the gun in his hand.
He wasn't more than inside of the door until
the gun went off. Couldn't see Hockenbury.
At the time the gun cracked Thompson threw
IL
forward some or feet and made couple
efforts to speak the blood gushing out of his
mouth as thick as it could come. He then
reeled toward the end of the porch next to
Curby's tavern, where he fell with his should
er against young man standing there, which
turned him from the direction he was going,
and then pitched off the end of the porch
headforemost. caught him at the shoulders
as he came towards me, but he was so far gone
with the force that he went to the ground.
| then spoke to some of the men standing by
to assist at raising him up that he was dead,
and they needn't be afraid. Some one took
hold to help and we lifted him upon the porch.
then placed his arm under his head-no ap-
pearance of life at that time. Didn't see
Hockenbury until after he was brought back
to the tavern, by the Constable. The shooting
occurred between sundown and dark. 1t was
during a sssplash'' flood.
X.-Thompson stepped off the porch, after
he used the bad language to Hockenbury,
down towards the River. In stepping back,
he didn't get much nearer to him. Hocken-
bury was close by the door. Thompson was
Hockenbury. Some words passed, but couldn't
hear them. The last words heard Thompson
say was ssgive me none of your seuce, or d-n
you I'll kick you,': Had halted when he
said them. If he did advance, couldn't see
him, as persons were passing between Hook
enbury and myself. At the time the gun went
of, TIE muzz1e of the gun wasn't three feet
from Thompson, whose face was away from
Hockenbury. The porch is not over IL feet
wide-might be 80 feet long. Wasn't over 10
feet from Thompson when heard the words.
Where Thompson fell, the porch is not over
two feet from the ground.
Adjourned till O'Clock, Thursday morning.
Thursdays Proceedings.
Branson DAVIS, sw.-John Thompson was
killed on the 5th April, 1860, at my house in
Lumber city. [Here diagram of the house
and that of Mr.. Curby, was shown witness
From the bar-room door to corner of house is
about feet-porch about feet wide. and ex
tends the whole length of the house, steps
ia front of the porch--the ground descends
rapidly. The street between the two houses
is very steep. At that end of the house the
level of the porch is about 16 inches from the
ground. Was in the bar-room. Heard the
crack of the gun. Thompson came before
Hockenbury perhaps an hour or an hour and
half-they came in the afternoon. Didn't
think they were drunk-didnt think they had
been drinking any. A good many people
there-over 100 had staid over night-nearly
all there yet.
X.-Don't think l was out of the bar-room
from the time the RATS commenced landing
until after the gun cracked. Couldn't be pos
tive whether either got any liquor. Some
one asked Thompson to drink, but he declined
as he had made mp his mind not to drink
any during the food. Think Hockcnbury
may have got one drink-not sure. After
wards, Thompson said he wanted some private
conversation, that he would take drink, sing
a song, and then play the fiddle. Couldn't
say whether he took drink, bnt rather think
he did. II. I. Robson was my bar-keeper.
He was waiting on the persons who were drink