The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-02-15

of a couple of weeks after they returned
Houser's feet were sore. They cupped
them, and put o medicine called iodine on
them" On further examination and
cross-examination, he said 81 rather
think 1t was ia the fore part of the day
saw them on Friday; came to Mr.. Miller's
house. Saw them on the street on Mon
dav. 1t was after they came back the
feet were cupped. Daniel helped to move
Mrs. Miller on the 18th of July; 1 am
positive I don't think there was any
thing said by them in any conversation
with me about Cambria county. under
stood them to say they were going UP the
railroad towards the mountain. / under
stood it from Dan. asked Dan what he
was going to do for living. II said he
knew where he could make cool 40 900,
aud il was easy to be got 1t was in the
same conversation about going to the
mountain"
This branch Of the evidence consti-
tutes material part of the evidence OF
the Common wealth as, if believed, it
shows that the prisoners left Allegheny
city together, carrying with them tn
box and carpet sack, ard one of them
railroad towards the mountain on Mon
day of the week the murder was commit
ed, and returned together on Friday or
Saturday of the same week, after the MUIR
der had been committed and shows, also,
other facts of conduct in the allegation of
the Commonwealth, bearing upon the
great fact in question. The testimony of
these witnesses, should, therefore, receive
your serious examination, and careful
scrutiny.
1t is argued that they are not worthy
of credeuce, and should not be believed
on account of what may be inferred from
their statements, more particularly in
their cross examination, of their habits
and associations in Allegheny city. That,
gentlemen, with everything elected from
them, as we'll as everything you have OBJ
served in their manner Of testifying, is
proper for your consideration in judging
of their truthfulness, and their claims to
your credence but their rank or associ-
ations, whatever they may appear to be,
does not render them incompetent wit
nesses, or furnish sufficient reason why
their testimony should be entirely thrown
aside, and excluded from consideration.
1t is In the associations, and from the as
sociates of persons accused of crime, that
we generally and usually find witnesses of
their conduct. We would not expect the
most moral, intelligent, and refined citi-
zens, of Allegheny city to know anything
about the prisoners. You saw the manner
of these witnesses. They were subjected
to searching cross-examination particu-
larly Mrs. Graham. No witness has beer
called to impeach their character for truth
and vcracity. In view of their manner,
and everything elected from them, you
must Judge of the truth of their testimony.
Do you believe them If you do, what
that has any material bearing upon the
issue, does their testimony satisfactorily
prove?
We now direct your attention to the
testimony introduced for the purpose of
showing the presence of the prisoners an
Cambria county, in the vicinity and near
the place where the murder was commit
ed, and before and about the time of its
commission. This evidence is very mate
rial so material that ii their presence
there, or nearer the place than Allegheny
city, though it is only few hours journey
Commonwealth, whatever else that is al
legged may be shewn, would plainly fail.
The presence and conduct of the prison
ers there, before and near the time of the
murder, constitutes a necessary part OF
the chain of circumstances relied upon to
connect the prisoners with the crime, and
prove their guilt.
To identify Houser in Cambria county
on the 25th of May, the Commonwealth
called and examined Agnes Diamond,
Mary Ann HiIdebrand, William a. Stew
art, Jacob Gifin, and Hannah Co5augh.
we call your attention to their testimony.
Agnes Diamond describes man who
came to her residence at Ream's, about
two miles from Couemaugh station, who
spoke Of being lost; represented himself
as returned soldier, and hungry, and got
something to eat; wanted to stay till the
next day., but the witness refased to keep
him asked tho road to the turnpike,
and left about l or IL o'clock She says,
g. it was the 25th of May to the best of
my knowledge. 1t was Ascension Thurs
day" You heard what she said descrip-
tive of him. She says, she does {" not
pretend to say this (Houser) is the man."
Mary Ann HiIdebrand test:fes that she
lives one-half mile from Ream's, aud that
there was a man come to her house on
Thursday, of either the last week in May
or the first week Of June said he was
hungry and tired; wanted something to
ear. It was between and 2 o'clock. He
asked the road TO Concmaugh. lie want
ed to see Charley Wilson that was killed
about a year ago on the Penna. r. r.
Then savs he 0yhere does the widow