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

appear that the record convict was ever
taken to the Penitentiary. Objection
overruled, and record read by Mr.. John
tson-"Conmonwealth Uersus Philip Full
gart, No. 6, December Sessions, 1861.
Indictment for arson-a true bill. And
now, December 3, 1861, Defendant ar
raigned. Jury find Defendant guilty
14th December, 1861, sentenced to pay a
fine of S1.00 and costs, and undergo an
imprisonment in the Western Penitcu-
tiary for seven years and three months"
Officer, David M'Kelvy called: Know
defendants have known Buser for some
years past-Howser not so long; (prison-
er's counsel ask to know what Common
wealth's counsel propose to prove by wit
ness; proposition stated-"We propose to
prove that some two years since these
prisoners were arrested by witness in the
act of committing burglary, and after
wards lodged In the Western Peuitentiary
for that ofense and that he afterwards
saw them, on the 18th day of May last,
the day of their discharge from Peniten-
tiary.' Objected to, that the evidence is
in part irrelevant-that part wherein is
proposed to prove that ne saw prisoners
Ou tut 0d1 VI LiSiI 1IOL1 Il GILL
tentiary-and that the rest is incompe-
tent and illegal. Objection sustained by
Court. When Commonwealth offer to
prove that witness knew, of his own kuowl-
edge, as fact, that prisoners were In the
Penitentiary, and were discharged on that
day. Objected to, that the facts proposed
to be proved by witness could only be
proven By the record evidence of the Pen
itentiary. Court overruled objection. y
Witness continued: These prisoners were
in Western Penifentiary; saw them the
day they came out; don't mind the date
but 1t was somewhere about the middle of
May Of the present year ; am a police
officer for Allegheny city cannot remem-
Der exactly what time it was they were
sent to pepitentiary, but know they were
sentenced for two years and six months.
Cross-examined Arrested one Of these
men In this case the inducement held
out to me was, that Mr. Hague came to
me and told me that there had been a
murder committed in Cambria county,
and tnst these men were suspected of the
crime believe there was a reward of
$500 offered for the arrest of the guilty
parties; never saw them In the peniten-
tiary was not present when when they
were delivered to the keeper.
, THE PLOT 10 MURDER FORMED IN THE
PENITENTTARY.
William M'Creery. called Question
by counsel for prisoners. Have you ever
been In the penitentiary Answer-I
have just got out of penitentiary was
convicted on a charge of burglary was
in penltertiary once before. or charge
of the same kind, in 1857; have par
don (pToduced it, and Mr.. Johnston
reads it to the Court , witness states that
he was pardoned for the first crime, also,
and that his pardon is in Washington
county. Competency of the witness OBJ
jected to on the ground that the pardon
produced for the last conviction did not
remove the disability occasioned by the
first conviction and Incarceration in the
penitentiary for burglary In 1857, for
which no pardon is offered in evidence,
and it Dot appearing that he served out
| his time. The Court decided that though
| it had erred in not instrueting the wit
ness that he was not compelled to answer
| the question as to his first conviction of
| burglary, still it was held that the testi-
prove his pardon as it was to prove lis
conviction. Testimony received.
Witness states Was an inmate of the
/ Western penitentiary prior to the 18th Of
last May have seen John B. Howser
| there; never saw him anywhere before
that; was we'll acquainted with Daniel
Bnser; had known him before he came
/ there; it was about two years ago last
| January, as near as [ can recollect, that
Buser was coDmitted from Allegheny
county; he told me he came from Pitts
| burg; he was put in the second cell from
me; il is customary in that place when a
new convict comes, to put him 10 cell with
one who has been there some time, to in
struct him In shoemaking; after he bad
oeen there short time, he was put In
with man in the cell adjoining mine
| after he had been In there probably a week,
he and had the first conversation with
regard to Cambria county we talked of
my having stopped on his boat in 1855
he recognised me as The person having
! done so; had not seen him nor heard of
him from that time until he came to the
! prison we talked about a great many
things; meantime Philip Fulgart, who
was some FIVE cells further up the range
or tier, was brought down and put in the
cell with the prisoner in the cell adjoining
the one Buser occupied after Buser be-
came acquainted with Fulgart, Buser told
me he had got some points from Fulgart,
! {" points among the convicts signify
places where money and valuables are to
be found, and that he and Howset inteu-
ded going after one of these points as