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

says he, to me, "lay hold = put nv haud
on his right arm; Robinson then stru,,
at me; next blow he struck al decd; tfees
was good deal Of scuflipg between l,;,-
inson and decd; prs5aer sad % c..e a.
them, "give me your piatol;" lie said -
halnt got 1T" prisoner sa.l "i.ii.e 90 aa.l
buy piston and shoot h sos.-of-a-J IA =
decd had drawn bis piss, aa3 tod them
to stand back or ned shoot them couldn't
say how often R3b;nson struck dec d, but
more than once; he, the deed, drew his
pistol after he was struck
Cross examined: Didn't see the prison
er falling on The pavement; didn't see any
warrant shown by decd; didn't hear the
prisoner tell him it was the second time
he tried to arrest him without a warrant
the party were a little drunk often saw
decd and prisoner together; saw them
playing cards together; decd was work
irg for Orr in the cabinet shop about the
time of the difficulty; thought decd was
policeman he was looked upon as such
by me; he lived in Conemaugh borough
heard he was police officer about a week
before this
Jacob NJ. Swank, called Keep hard
ware store In Johnstown on the morning
prisoner was shot, three men came into
my store l. was about IL O'Clock didn't
know them at the time, but learned their
names afterwards prisoner was one of the
party he asked me if l had any Colts
revolvers for sale; said had ageeed on
the price for four inch six-shooter; they
then asked me to give them a round of
ammunition prisoner put in two or three
loads, and then asked me to put in the
balance, which did all the barrels then
were loaded Robinson asked for chan
dy billy" or "black jack )" showed him
one, which he took; prisoner said he'd
pay Tor 1t; they were going to start away
without paying for it, and l followed them
to the door and jerked the billy out of
Ro5inson's hand prisoner said he'd put
bullet through me if didn't look out ;
they brought sticks with them, and left one
or Two; the pistol was capped he paid
$500 for pistol.
Adam Biershank, called: Am a clerk
for Jake Fend; attend in the oyster sa-
loon; the day Holmes was shot, prisoner,
Robinson and Hessel came into the sa-
loon; prisoner called for oysters while
eating them, cour or five other men came
In and called for oysters deceased and
| Oster then came in; the former walked
up to Robinson and showed him a piece
of paper, saying that he had warrant to
arrest him; prisoner said, "G-6 d-n
you, don't arrest him )" deceased stood
alongside of Robinson; prisoner said, awe
are going to eat our oysters first" and
asked deceased and Oster to take some
thing to drink Oster drank glass of
ale, but deceased did not drink; before
they had finished eating their oysters,
Robinson and prisoner jumped up; can't
say if former struck deceased or not, but
they closed together; deceased had club
along, and struck for prisoner; struck
him on the shoulder; prisoner then drew
pistol and shot him they were four or
five feet apart when he shot /; he held the
pistol down at Holmes breast when he
shot; didn't see deceased going out, but
did see prisoner deceased had club about
two feet long; he held it in both hands,
one hand above the other; deceased said
he had warrant, and showed piece OF
paper; there was kind of general scuf-
He going on when deceased struck priso-
ner; when prisoner wen. out, | went up
the steps and saw him talking to Holmes;
couldn't tell what was said saw deceased
afterward lying in Fend's back yard.
Cross examined | don't think the par
ty was under the influence of liquor don't
know if they got anything TO drink at my
place or not; didn't hear Robinson saying
he wasn't the man; the trouble com
menced between Robinson and decd
prisoner didn't strike decd until he and
Robinson were quarreling; didn't SET
decd strike Robinson; l only saw one
stroke; decd was about the size of pris
oner prisoner didn't FIRE the pistol loose
ly; didn't take aim with his eyes decd
said warrant was for Robinson and pris
oner; didn't say what the warrant wa:
for
John G. Fulton called and sworn: Thi.
witness substantially corroborated the tes
timony of the preceding one, and testi
fed additionally that when deed was 20
ing out he knocked the stove over, au,
that prisoner followed him up; prisone
held revolver about as high as a maa'
breast when shooting, and seemed to Us,
! it without losing his presence of mind
can't say if prisoner struck or took hol,
Of decd, nor if the latter read the war
rant.
oss-examined Decd had a CLUB il
his hand it looked as if it would knoc
man down didn't see him strike Rob
inson saw decd strike prisoner on th
shoulder; not hard enough to knock
man down; Immediately after, prisone
fired couldn't say prisoner was drunk
} he might have been drinking.
Court adjourned at o'clock, P. M, ii
2 Thursday morning.