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

the subject of capital punishment as would
prevent you, if sworn as juror, from
rendering a verdict of murder In the first
! degree if such verdict were warranted
by the evidence ?''
The Juror answered. could not say
positively, as 1 would not like to take life.
1t n,ioht have some influence on me-"
The Court held that the juror should
not be placed in position in which he
might feel forced to do violence to his
conscience, aud therefore decided that the
answer of the juror disqualified him from
serving on .he jury
Prisoners counsel urged that the an
swer should be positive and unqualified, ,
and asked fer bill of exceptions, which
the court granted and sealed.
THE PROSECUTION OPENS.
At 8 o'clock in the afternoon, the pros
ecution opened A jury having been OBJ
tanned, District Attorney Barnes opened
for the Commonwealth in speech of fif-
teen minutes leugth, merely detailing g
what the prosecution expected to prove,
without using time in displaying powers
of rhetorical! or howery eloquencc, or
travelling beyond the stern limits of the
case to abuse the minds Of the jurors.
The father of the prisoner, Mr.. Henry
Gore-a highly respected and valued citi-
zen-who sat at his side, as well as the
prisoner himself, appeared deeply affected
at the narrative of the circumstances as
made by the opening counsel.
THE TESTIMONY.
The testimony tor the prosecution COM
1 I. ID ID ho
was sworn, and testified as follows: Am
| constable Of the Third Ward IL the b0r-
ough Of Johnstown on the 29th of Au-
gust last, had a warrant issued by Squire
M'Kee to arrest John Gore the warrant
said John Gore, Gore and others >
gave the warrant to Edwin Holmes and
Joseph OSter the same evening, at Jot
Shosmaker's house they agreed to exc
cute the warrant this was about 4 o'clock
in the evening; Holmes and Oster were
police officers, as understood.
Cross-examincd Shoemaker's house is
In Conemalgh DO not know how they
were appointed, but saw them aTrestIng
men ON the street ut different times tn,
, warrant was directed to Amos b. Davis
: don't know for certain which of the TIVE
took the warrant out OF my hand ; Holme;
had 1t next morning saw paper in his
hand that [ supposed was the warrant
he wanted me to take II; [ did not reaC
it; Holmes residence was in ConemaugE
borough; Oster's was also in that borou gh
Henry Chambers, (colored,) called ana
sworn Live IN Johustown am barber
on the day Holmes was shot, Charles
! Robinson aud another young man camt
to my shop along with John Gore; came
to get shaved | believe little while
after that, HolMes came 20 nay snop and
said he wanted John Gore he put hi:
hands-on him aud said he was his prisoner
Robinson then struck Holmes two q
three times in the scuffie Gore got away
Gore made one bleach at Holmes but die
not strike him Gore fell to the pave
ment when he struck at Holmes ; Holme:
backed himself out to the street, theI
drew his revolver, and told them to keeI
off from him did not hear any threats
nor anything of the kind; Holmes wa
standing in the door when he put hi
hands on Gore then went off down street
did not see Oster with Holmes.
! Cross-examined: Gore appeared to b
very drunk he fell down when he mad
the stroke at Holmes; did not. sec an.
weapons about any of Cores party
decd had a revolver; don't mind 0
having heard anything said about war
rant by any one didn't hear John Cor
asking decd If he had warrant; di'
not see any heard decd saying, afte
they backed out to the street, that h
would shoot them if they didn't kee
away; decd appeared perfectly sober
David Patten called and sworn Live i
,Johnstown work for my father, VIM
Patten, cabinet maker on the day Holme
was shot, l saw the prisoner, Robinso
and Hessel going over towards the Island
they turned back and the prisoner cam
up to the shop; M'Clelland told him nc
to pass the Foster House, as Palmer, th
proprietor, was going to shoot him tn
prisoner had some money n his hand
and said he was going to buy pistol t
s4oot Holmes before, night; he aske
M'Clelland for two chair legs Mcclellan
told him he had none out what he wante
to use the prisoner then came to m
bench and I gave him two chair legs; b
said they wouldn't do as they were to
, short he then went to Pender's bench
5 who gave him three table chair legs; b
went down stairs, and Hessel cameu up an
! got a short one and then went down
? prisoner and Robinson then came up t,
3 gether; Robinson wanted to trade me h
cap for my hat; this was the same da
the decd was shot, sometime in the morl
a ing, about 10 or III O'Clock the 2risone
3 did not say what he wanted the chair lee
for; just got them and went out; the
3 went down to the Post Office, and comm
4 nacL rnm-a ououul - IaIro .Eend,a SALON