The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1865-12-21
VERDICT oF THE JURY.


pounded the usual interro gatory to the Jury:
"Gentlemen of the Jury, have you agreed
upon your verdict Z"
AnsWer-tsWe have"
''In the issue Joined between the Common
wealth of Pennsylvania and John B. Howser
and Daniel Buser, the prisoners at the bar,
how do you ind-guilty not guilty 2"
Response from the box-"GUIIfY OF MUIR
DER IN THE FIRST DEaREEW
POLLING THE JURY.
The counsel for prisoners asked that the
in turn, in response to the question CHOW do
you find ~ answering in a firm voice" Gtat-
ty Of Murder IN the First Degree 2,
CLOSING SCENES.
Daring the delivery of the verdict, the
prisoners sat wedged close together, as II in
verifcation of the axiom that misery loves
company, and 'swith their souls IN their eyes,
watched every motion and hung on every
word of Judge, Clerk, and jury. But though
anxious and attentive in a degree palnIul. TO
behold. they still betrayed no signs of dis
tress or contrition. Buser, particularly, ap
peared buoyant and hopeful, as though death
were long way of from his door. The
dense crowd in the Courtroom seemed satls-
fed with the Justice of the yerdlct--satlsled
of the guilt of the prisoners, and reJolced that
the murderers of the poor, weak, defenseless
victims. Misses Paul and Munday, were at
the last to receive the reward due their aW-
full crime Amid the most impressive ST.
Ienee the prisoners were removed to jail, to
await sentence. Jury then discharged
MOTION FOR NEW TRIAL.
Mr. Kopelin, for the prisoners, moved the
Court for new trial The Court directed
the fling of the reasons on which the moton
was based and adjourned till two O'CLOCK.
4fernoon-Court met as per adjournment
MI ID I,rrD DriSnnPTS'
support of motion for a new trial read as
follows =
"And now December 18th, 1865,-motion
for a new trial. Prisoners move the Court
for a new trial for the following reasons, viz
q First: The verdict of the jury finding
Daniel Buser guilty of murder in the first de-
gree is not only against, but without evidence,
there being no testimony showing, or tending
to slow, that he was in the County at the
time of the commission of the murder.
'' Second The prisoners were deceived by
one of the principal witnesses for the Com
monwealth, upon whose allegations they
lied for their defence she stating one thing
to them and another upon the trial
" Third That since hearing the evidence
of M'Creary, the principal witness appearing
against them, and whose testimony they could
not have anticipated, they expect and verify
believe that they can prove by the Records,
by the Wardens and other officers of the
Western Penitentiary, that the same is untrue.
Fourth: That Mrs. Morgan, one of the
witnesses examined on behalf of the Com
monwealth, will prove,- as the prisoners
verify believe, that the man described by
Mrs Preall and by Mrs Paul, and believed to
be John B. Howser by the Commonwealth,
was seen by her three days after the murder
at her residence in Cambria county, and at
time when the said prisoners, even according
to the evidence of the Commonwealth, were
| in Allegheny county,
g Fifth That John Buck and George W.
Kerbey, called and sworn as jurors in the
cause, were in the possession of, at the time
of being so called and sworn, facts material
to the issue, which they failed to disclose,
and were subsequently called on as witnesses
| by the Commonwealth against the prisoners,
| in derogation of the rights of the prisoners,
and in violation of the practice of the Courts
| in such cases.
"Sixth Tha: Philip Bridenstein, NJ. Gro
| die, Mrs. Roseubaur, Mr. Holiness Mr.. Baus-
man, and Mr.. Eckert and others whose names
do not Eow occur to the prisoners, will prove
that the prisoner, John B. Howser, was in
Beaver county, on the 25th of May last, and
for some time before and after, and could not
be IN Cambria county as was alleged and
sought to be proved by the Commonwealth,
and while allegations and testimony TO sup
port it could not have been anticipated by
the prisoners.
Seventh: Other after discovered evil
dence.
Eighth: The verdict is not warranted by
the evidence.
A. KoPELIN
4" JOHN P. LINTON,
Z" VIM. H. ROSE,
Counsel for Prisoners.
q Cambria County, SIS:
GO Before me, an Associate Judge of the
Court of Common Pleas of Cambria county,
personally came Daniel Buser and John b.
Howser, who being duly sworn according to
law, say that the facts set forth in the fore
going reasons are true and correct to the best
of their knowledge and belief.
Sigued DANIEL BUsER,
his
JOHN B. X HowsER,
mark.
Sworn and subscribed before me this 18th
of Dec. 1865.