The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-04-26

had made disclosure to him to the effect
that he had overheard certain conversa-
tlons in that prison which induced him to
believe that Daniel Buser and John B.
Houser were the murderers of the two
women. The District Attorney forthwith
repaired to the penitentiary, and after sew
eral interviews with the man M'Creery, in
the course of which he learned many facts
and circumstances going to fasten the con-
vlctlon upon his mind that justice was at
last on the right track, he ordered the ar
rest of Buser and Houser. The two men
were taken into custody in Allegheny
city, their place of residence, on the 10th
July, by Detectives Hague and M'Kelvey,
and were on the same day removed here
and lodged in Jail.
THE NATURE OF M'CREERY's INFoRMA-
For several years prior to May of last
year, Buser and Houser were inmates of
the Western Penitentiary, serving out a
sentence for rob5ing clothing store in
Allegheny city. One Philip Fulgart was
also an inmate of the penitentiary at the
same time. This Fulgart was resident
of Cambria county, and lived somewhere
In the vicinity of Miss PauPs. He was
we'll acquainted with the circumstances of
the old lady, and of her manner and mode
of life. The nature of M'Crcery's iDfor-
nation to the authorities was to the eff
feet that he had had conversation in the
peuitentiary with Buser, in which the lat
ter had told him that he had been in
formed by Fulgart as 20 several places
where "points" money could be got bv
robbing, and that he and Houser intended
going after one of these "points" as soon
as they got out of the penitentiary
Fulga-t afterward told him [M'Creery)
that one of the "poin.s" spoken of by
Buser was at an old woman's who lived
by herself, a weaver, Mary Paul by name
that he overheard part of a conversa-
tion between Buser and Fulgart, in which
the former told the latter that if he was
successful in making any of the "points"
spoken of, he would use some of the mon
ey obtained for the purpose of effecting
the liberation from prison of Fulgart, while
Fulgart assured Buser that he could make
the 'fpoint" easy at the old woman, the
weaver's, (Polly Paul's, s,)-and that Hou-
ser had given him to understand that he
and Buser intended going after one of
these "points" as soon as they got out Of
the penitentiary. Buser and Houser we're
released from the peniteutiary on the 18th
May, 1865. M'Creery, who was serving
term in the penitentiary for burglary
committed in Washington county, was
pardoned out in December, expressly to
enable him to testify in this case.
THE PRISONERS NOT PREJUDGED.
Outside of the few Immediately inter
ested in working up the case, nothing was
known as to circumstances which connect
ed Ruser and Houser with the crime
Neither of the prisoners ever resided In
Cambria county-their antecedents were
altogether unknown-what was expected
to be proved against them was kept sa-
credly secret. So that, they went into the
dock when the trial came up, with the
assumption entertained in their favor by
nine out of every ten that they we're an
nocent of the charges preferred against
them. This is proved by the facility with
which jury in the case was obtained
Notwithstanding the extreme formality
entering into the empanneling of a jury on
a case of life-and-death Importance, the re-
quisite twelve men were obtained and sworn
in, in the short space Of one hour. Only
thirty-fve jurors in all were called, four
of whom were disqualified by reason of
entertaining conscientious scruples against
capital punishment, eight challenged for
cause, eight challenged by the prisoners,
and three challenged by the Common
wealth.
Following are the names of the twelve
men sworn to try the cause
JAMES DAVIS, WILLIAM hAYLoR,
GEORGE w. KERBEY, NEwcoMB HUNrLEY,
BERNARD MCoLGAE, THoMP. R. KIMMELL,
HENRY F. WAGNER, NICHOLAS SNYDER,
JOHN MYERS, JosUE PARRISH,
JOHN BUCK, JAMES n. EVANS.
THE TRIAL.
The trial came up at the regular De-
cember sessions. A presentment having
been returned by the Grand Jury against
the two men for the murder of Polly Paul,
the case was called on Tuesday, 5th De-
cember The Commonwealth was repre-
sented by Messrs. Johnston, Reed, Oat-
man and Barnes The prisoners appeared
without counsel and without Witnesses
The Court appointed Messrs. A. Kopelin,
John P Linton and w. I'll. Rose counsel
in their behalf, and awarded compulsory
process for witnesses inStheir favor. The
process was placed in the hands of an Off
Ger, and the case was held over to await
his execution thereof. On Saturday
December 9th, the process having been
| served and the witnesses asked fol
produced in Court, the case was agair
called up, when the prisoners pronoun
aod 4hnnanluna randn for trial ThaI