The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1865-12-14
NUMBER 8.

- - '-ec u = soon % they were done
catiHs oysters; Z, j walked towards the
. or waen prisoEe.. said, s'don't bring in
crowd, or somebody will be hurt;'' when
done eating oysters, the prisoner turned
round and walked to the middle of the
floor and stood there; Robinson turned
round aud said, "Holmes, I'll be id if
go with you;' decd said, "Pll be id
IT you DON'T" Robinson ran at decd
couldn't say that he struck him or caught
hold of him; decd then struck at Rob
inson with stick Robinson threw up his
hands, and think the stick took him ON
the shoulder; decd aimed at his head:
he then attempted to strike him again,
but Robinson pushed him back, and the
prisoner then turned and shot him;
couldn't say how far prisoner was from
decd wheL he shot, but Judge about six
feet.
In the cross-examination nothing new
was elected
William Reese, called: eve omit that
part OF this witness testimony merely
corroborative of the last one.) was in
the saloon the day decd was shot; saw
decd give paper to Robinson, who looked
| at 1t and said it wasn't his name prisoner
also looked at it; he said they'd come as
soon as they would eat their oysters; decd
commenced beating Robinson with stick;
was passing so near that [ was afraid I'd
get hit, and threw myself down on the
floor; L heard shot and looking round,
saw the prisoner with pistol in hand up
TO his breast; didn't see any weapons with
Robinson
William Stark, called: Was in Fend's
saloon at the time of the shooting, with
the party named before Gore, Robinson,
and another young man were there; spoke
to the prisoner, and called for ale for him
ard his party; our oysters wero placed on
counter facing door of cellar; saw decd
and Oster enter; (the balance of this tes-
timony is merely corroborative of the fore
going) Robinson said his name was
Lot spelled right in warrant, and that he
wouldn't go with deceased.
| William Orr, called and sworn: Am
Burgess of Johnstown; was standing at
the head of steps leading to Fend's cellar
on the day when the shooting occurred;
had previously met Oster and decd; I
was going up the street, they going down;
Counsel for defense here object to hear
ing conversation between witness and par
ties previous to the affair. Commonwealth
propose to prove by witness that he was
Burgess of Johnstown borough at the
time of the occurrence of the shooting
that in the capacity of Burgess, complaint
was made before him by Holmes that
Robinson had resisted him, Holmes, Ia
the discharge of his duties as policeman,
that he had issued a warrant directing
Holmes to arrest Rooinson-and that at
the time, Holmes was special police Off
Ger appointed by the witness. Objected
to; first, that the witness had no authori-
ty to make such appointment, and if he
had, and did, he is himself not competent
to prove the fact-to prove his authority,
and what he did. Court overruled the
objection.)
Witness proceeded On morning of
day when Holmes was shot, deceased came
to me and said that he had undertaken to
arrest prisoner, but that Robinson had
fallen on him, torn his clothes, beat him,
and rescued prisoner out of his custody;
| gave him a warrant for arrest of Robin
son for interfering with an officer in the
discharge of his duties he took the war
rant away.
Question /: Was Holmes policeman?
Answer: [ swore Holmes in as police
officer for ohnstown boro. on the 2Sth of
| August last had sworn Oster in a few
days before that.
Witness proceeded About IL o'clock
on the day issued the warrant for Rob-
inson's arrest, met Holmes and Oster in
the street at Yeagley's corner; they told
me they were going to arrest Robinson !; /
told them he was in Fend's cellar, and
they'd better have more men with them
they went down aud / afterwards went
down; they were in the cellar when / got
there [ was standing at the head of tie
cellar steps-on the upper steps; could
see the parties, but could not now tell all
they said; decd came up to where [ was
standing and SID, Robinson says this aims
his name; does it make any difference p
told him If there were not three letters In
his name ih the warrant, to take him, if
he knew him to be the man decd went
! back to Robinson and told him he had to
go they then got into scuf1e couldn't
see much was going on; heard the shot
bot couldn't see who fired decd came
running up the steps and passed me with
out speaking ; he had his hand on the side
. oc his breast; he went into Fend's front
! entry door; | stepped back to Fend's
: store door Robinson and prisoner came
j up stairs together; the latter had pistol
in his hand which he was fiourishin9 over
!, his head Robinson was clinging around
= prisoner, patting him on the shoulder
prisoner looked at me an0 said, sIll shoot
: you, you id son of b., too; now
i come and take me If you Dare )" he then
backed out to the middle of the street
q and called on me a number of times tC