The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1865-12-14

scuf6e, when prisoner said to the decd
to wait until they had eaten their oysters
he then got up and said "he must come,
must he!' and then shot; when prisoner
shot, the decd staggered back against tn
counter, then ran out of the cellar; pris-
oner ran out after him; when he got to
the top OF the stairs, prisoner drew re-
volver aud said to Mr.. Orr, "stand back
or I'll shoot you, too" he then went up
street and I saw him no more till he was
a prisoner.
Cross-examined Saw all this didn't
hear it; from where 1 was couldn't see
the prisoner shoot; knew the decd was
shot when he staggered back, as l saw
him put his hand on his stomach didn't
take notice who all were in the cellar,
but saw Robinson, Hessel and prisoner;
decd had a club, didn't see him strike
Robinson saw decd take out his watch,
&c, to have given his wife, after he was
shot; prisoner was not drunk, but had
enough to make him funny; he told
M'Clelland he was going to buy pistol
aud shoot decd before night; think il
was a Colts revolver prisoner had was
about 10 inches long, [ suppose saw it
in his hands after he drew it on Orr; he
said, ''stand back, Orr, or will shoot you
too"
Susan Gillespie (colored) sworn: Live
in Johnstown, on Clinton street, next door
to Mr.. Chambers barber shop; on the
day decd was shot, saw him walk up
street and cross over towards Dan Cough
hours he beckoned to some man and
said, "come, let US go over;" this man
came with him to the shop; heard noise
and came to the door, just as prisoner fell
on the pavement; decd said, eff you
pick up that rock again I'll show you
what III do )" prisoner said, Robinson,
give me that pistol, and I'll blow his God
id brains out :" with that decd put
up his pistol and walked down street !;
prisoner then said shed go down street
and buy pistol and shoot decd before
night )" he swore there was not police
man in JoEnstown could take him be
said, "come on with your police )" he
went down street and [ didn't see any
more of him; after the deed was done,
saw the three come up street, (Weanin g
prisoner, Hesscl and Robinson) prisoner
said, 81 swore this morning I'd have
} fight before night, and [ have had it )"
he repeated that there was not a police
man in town coula take him; Robinson
and Hessel were with him at the same
time
Cross examined This was the day
decd was shot; heard the report that
decd was shot before prisoner and party
came up street knew prisoner; didl' t
observe if there were rocks laying about
the street near the door of the shop
prisoner fell nearly measuring the pave
ment he had been drinking, but couldn't
tell how drunk he was; decd had his
pistol in his hand when prisoner got up
he told the prisoner if he'd pick up that
rock he'd shoot; prisoner said, "Robinson,
hand me that revolver but l didn't see
the revolver.
John Pender called and sworn: Work
In the same shop with Dave Patton pris-
oner aud Robinson came up to the shop (;
prisoner pulled out roll of notes and
said deed had pulled revolver on kin,
and he was going to buy one and shoot
him; he came to my bench to get chair
rungs; told him needed them; he then
went to another bench and got some ;
don't mind Of him saying what he wanted
to do with them; this was about 103
o'clock in the morning.
f; Cross-examined: He pulled out roll
of notes and said that decd drew revol-
yer on him, and he was going to buy one
!, and shoot the son of a b; know the
! men by sight; prisoner was about one
{ half tight; Robinson about three-fourths
tight; Hessel came up afterwards.
Mark Graham called and sworn Saw
prisoner and companions the morning oi
] the shooting; saw them on the street by
. Masterson's old corner; prisoner and
$ Robinson went up to Patton's shop and
] came down with three chair legs; one was
smaller than the others, like a rung
e prisoner went up to the one who had the
3 small stick and said it was no use, "for,
e said be, ethe police have a warrant and
e we may get into fight to- day, and tha
/, stick is no use, it is SO little - he tber
Q went up and got larger one, the size o
d the other two as near as could tell tht
d three of them then started down towards
d Chambers barber shop heard no conver
y iation only what they said about the po
e hcemen; this was about nine or ten il
o the morning, perhaps later.
!, Cross-examined [ was within eight o
g nine feet of the door when they came ou
d of Patterns shop; saw Robinson and pris
4; oner go up and then came down with thre
J. sticks then walked down to the barbe
IS shop knew decd prisoner and he use'
y to be good friends; decd was a man o
l. genial spirits didn't see another person
r with them at the barber shop have acte'
Is III capacity of police. =
n David Patten recalled: Prisoner and
g were in the army together; we had lit
n | Al ,,,uoh of sopo. ;t oc