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


town, iDquiring for the latter place. This,
it is surmised and argued in behalf of the
Commonwealth, is part of the whole
transaction, and traces the guilty agents
Immediately to and from the scene of
blood. You will judge whether what is
disclosed in this part of the evidence, has
any bearing upon the issue, and throws
any light upon it.
Mr.. Cooper says
"I reside at Summerhill. I was at
home on the 7th of June last In the af-
ternoon [ went upon the hill, on the Jack
son road. Coming down the Jackson
road, L met two men going up. They
were both walking in the middle of the
road, and was walking on the side
They both appeared to have dark clothing.
The taiiest one was next to me; about
feet 8 inches high: the other half head
shorter. / said good evening; they
muttered something and went ahead. This
was between and o'clock in the even
ing. The one next me was of dark COM
plexion. knew neither of them. The
one farthest off was the shortest che tai
lest one walked very straight. The other
had stoopy, slouchy walk. The tallest
one had large black valise in bis hand /;
he carried it off, that way like [showin9
how. | believe that sticks like that 1.-THE
clubs] could be put in it. They both ap-
peared to be dark In the face. The road
they were On would lead to Miss Polly
PauPs. Their walk and size corresponded
with these men very much"
Mrs Harrison says
81 would not be positive to the day, but
it was the first week of June Polly Paul
was killed. 1t was during court week.
Con Wednesday night two gentlemen
stopped at our house enquiring the road.
1t struck II just they left. They ask
ed me the road to town. They didn't say
what town. directed them to keep
straight on. They afterwards said they
wanted to go to Johnstown they said
they came from Ebensburg. One said,
John, we'll get to town yet before morn
ing; We are ten miles from Ebensburg"
The evidence, as We have thus followed
1t, 1T is argued by the counsel of the
Commonwealth, establishes all their allie
cations and that the testimony of the
witnesses from Allegheny city proving the
expressed motive, plans, and purpose, de-
ciaratIons and conduct of these prisoners
there, and the testimony of the witnesses
to prove their presence and conduct in
Cambria county, before and about the time
OF the murder, together with the evidence
disclosing the manner In which it was
committed, coincide and harmonic IN
bringing together parts of one transaction,
of which the robbery and murder of Polly
h, IL
petrated, by these prisoners, is the great
central fact, without which the numerous
other facts and condolences disclosed can
not be reasonably accounted for or ex-
planned; and that, In its harmony and
corroboration, it excludes every other rea-
sonable hypothesis, suggested or supported
by any evidence. 1t is for you, gentle
men, to pass upon it.
1t is urged, also, that, while the witnes-
ses corroborate and sustain one another In
proving facts which raise serious presump
tions against the prisoners, with every
facility afforded them for that purpose,
they have failed to furnish any explana-
ton, or to give any account of where they
Monday till Friday or Saturday of the
week of the murder And it is princi-
pie of reason and rule of evidence, gen.
orally applicable, that "when appearances
are proved against an accused person,
which he refuses to account for or explain.
his refusal or omission to do so increases
the force of the evidence against him.
"This consideration in criminal cases."
says Mr.. Starkie, "frequently gives con-
elusive character to circumstances which
would otherwise be of an imperfect and
inconclusive nature"
1t is urged, also, that the whole eyi-
dence Giscloses no trace of any other
guilty agent or agents. You will enquire
whether it does; or whether every other
reasonable supposition, but the proposition
maintained by the Commonwealth, is ex-
cluded by the combined and corroborating
weight and force of the evidence. Upon
this point, we feel constrained to say, In
justice to the rustic neighbors who assem-
bled the next morning, and engaged ih
the search for the bodies OF the murdered
females, that we have failed to discover IN
the evidence, however it may impress
you, any thing which casts the most dis
tant suspicion upon them.
In conclusion, gentlemen, we commend
the whole of the evidence to your most
serious and careful consideration. We
remind you again that you should be very
careful in ascertaining whether tho facts
from which conclusions are sought to be
drawn, are we'll established facts in the
case; aud, if so proven, what conclusions
they fairly and reasonably support. The
issue is of most grave moment to these
prisoners, aud 80 the public. Your ver-
dict should be an expression of your un-
biassed judgment; uninfrenced by preju-