The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1865-12-21
and will tell you how 1 can tell them

between 2 and o'clock, p. IN. my sis
ter's body was lying in the stable had
been found before / got there she was
lying on her back only went to the door;
then went to hunt for the girl; when we
got to the house, found the beds on the
floor, the top off the bureau, and the draw
ers out of it; went up to the orchard aud
found her she was lying on her left side
and face didn't see her injuries till after
the squire had come; a club was lying
two steps from her; saw another club in
house my sister never told me she had
any money she never showed me any
MISS PAUL HAD MONEY.
she received about $40 90 from me and
$4,000 from my son within the last two
years; she had lived on the same place
and followed weaving for the last twenty
FIVE years /; she raised cattle, and made
good deal of butter every year; she sold
good deal of timber off her land she
was saving OF her means don't know
that she had any money out at interest !;
there was some money found in one of her
frock pockets, some IN the bureau, one
gold dollar and some small pieces on the
f1oor-in all, thirty or forty dollars.
Cross-examineG +: 1t vas about fifty
yards from house to where we found body
of Cassie Munday; from the position in
| which body was found, she was evidently
running in the direction of her fathers
house, four or five miles distant; she had
| no fence 20 cross to get to the place where
she was found; nothing was disturbed up
| stairs in house; was in the room where
the loom was, and it appeared as if some
F.! body had been weaving there lately.
La chief: My sister was seventy years
old last March (draft of location shown
to witness j it is pretty correct.
PosT-MoRTEM EXAMINATION.
DR.. R. s. Bum called: Am a practis-
| ing physician and surgeon; made post
mortem examination of bodies of Misses
Paul and Munday on the 9th June last /;
body of latter was at house of Mr. Nun
day at the time; found wound on right
| side of her head; her skull was dashed
In, extending from the inner third of left
| eye up about two inches, and extending
| backward toward the ear, carrying with II
| the same breadth Of about two inches to
the base Of the left ear; the bone was so
much fragmented that you could take
your f1ger and dip down into the brain
any place there was evidence of a num-
Der of strokes having been given there
were number of places where the skin
was broken, as if by the end of a club /;
think there were about three such places
concluded this was quite sufficient to cause
death also found scratches en- the face
| our conclusion was that the person had
died as quickly as if the head had been
severed from the body; after all the in
juries had been inflicted, death would be
nearl y instantaneous would suppose the
| Injuries had ocen inflicted with club !;
one of that size, (club shown by repeated
| blows, would cause the injuries; after ex-
amining body of Cassie Munday, went on
to Miss PauPs; found her skull fractured
| from near the base of ear, extending around
| TO left side, and some hemorrhage of the
wound found also wound on right side
of her head, which did not open into skull;
saw enough to satisfy me that her Injuries
would produce death these injuries were
apparently made by same blunt instru-
ment.
| Cross-examine1 Couldn't tell if the
injuries were made By wood or iron /;
would think those of Cassie Munday were
made by person using right hand ;
| further examination unimportant.)
John Buck, Ga juror called: defend
ants counsel ask to know what is desired
to be proven by witness. Counsel of
Commonwealth state that they desire to
prove by witness that in December, 1861,
he delivered to the Warden of the West
ern Penitentiary for confinement therein,
certain Philip Fulgart, from Cambria
county. Objected to by prisoners coun-
! sel-frst, that the witness is incompetent,
he having been sworn as a juror in the
case second, that it is not competent TO
prove by parol testimony the fact pro-
posed, until record evidence of the trial
ana sentence is produced; that the fact
of bis reception and incarceration in the
Penitentiary is not the subject of parol
but of record evidence The Court de-
cided that the fact that he was taken to
the Penitentiary could be proven by wit
ness, but if it were a question whether
or not he was properly there, it would not
be competent testimony, and that the rec
ord would not show whether he was taken
there or not; the Court rules that he is
competent witness, and seals bill of
exceptions.) Witness then states: As
Sheriff of Cambria county, took one
Philip Fulgart to the Western Peniteu-
tiary shortly after / came into office it
was in December, 1861 took him to the
! Warden and got receipt for him did
not know that l would be witness on
this case till the moment / was called.
RECORD EVIDENCE.
| Commnnuealfh's counsal now offar no