The Greene County Republican. [volume] (Waynesburg, Pa.) 185?-1867, 1867-05-22

wanted Ills money. had a navy revol
yer in my right hand, and called tt
"Babe," who was standing at the cornel
OF the house, to come IN. AS soon ~
MIR. Dinsmore saw the revolver he caugh
hold OF it with both hands and com,
menced pulling me INTO another room
where there was light | called t.
Montgomery TO knock him down, whel
he threw stone 9t him, which wen
through the kitchen window. | canno,
say whether it hit him or not. Mont,
gomeIy then picked up chair and
struck Mr. Dinsmore, who wrepched
the pistol clean out Of my hand then
took hold of him again when Montgom,
cry came up with knife, but | cannot
tell whether he cut him or not. Mr. ID
then let go the pistol and pirkcd up u
chair to strike me, when | ran out of the
room and closed the door. | returned
IN few minutes, when Mr.. Dinsmore
again seized the pistolin the middle with
both hands and | had hold of he muz.
zle and butt In the scuttle the pistol
was discharged. but | cannot say whe h.
er cooked it deliberately or not. We
still kept on scuilling, when it was dis
charged again. We were both stoop.
ing down at the time, and thought
the balls passed. into the floor
AS soon as the pistol was dis, hargpd the
second time Mr. Dinsmore let 90 and
ran into the hall l Thought he had gone
Tor hl' gun, and told montgomery to
run ton his life We then ran on; of
the house and went back to NioiIpom-
ery's house We had backe, ed our
faces with some burnt co,k that Mont,
gomery hid procured, aud on our way
nome we stopped "A, ,priug and wa~h-
ed 'urNeIves Upon arriving al Mont.
golhelN'N we went To the stable and |
got my has aud coat winch had LET
there. Before GOING TO Mr.. On nores
Montgomery gave me broad brilnmed
black hat and a soldiers oYurcoat, lle
wore black oVerooaI and an old snk
hat. lthen started for Washington. and
upon arriving there, between twelve and
one O'Clock, went to my bonding house,
undressed and went to bed. | puleu
Oft my boots, and, finding that | ad lost
the heel OF one of them, threw them up
in the loft. There was an arrangement,
between me and Montgomery to go TO
Mr.. Dinsmore's and rob him. but we
had no intention OF killing him. and /
did not know he as dea, until heard
OF 1t in the street the next m",uinu. |
had been at Mr.. Din,more's house pre-
vlously selling lamp bnrners ard knew
that he had plenty of money. Heard
some one say that he had been in town
some days before trying 70 Get thou.
sand dollar bill changed, and saw hun
two weeks before with fifty dollar bill.
| suggested the robbery to Montgomery,
but one was III as deep as the other.
ARREST OF MONTGOMERY
AS soon as Foglers confession had
been made public, the utmost excitement
prevailed in the county, and parties
secured the country in search of Mont
who had disappeared mmedi
ately after the murder. On the evening
of the StE of December Il fugitive ar
rived in Wellsburg, West Virginia,
!oot,sore and weary, and applied at
hotel for permission TO remain there
lurlng the night. He was furnished
with supper, when he was recognized
by gentleman who knew him. and lm-
taken into custody. The next
he was conveyed to Washing,
ton and lodged in jail.
.....t FoGLER's TRIAL. ..s 30
AT the February term of the Court of
Oyer and Terminer of Washington
county, Judge Acheson on the Bench,
Fogler was arraigned tor the murder of
MIR Dinsmore. The prisoner was de-
tended by Messrs. James r. Ruth. j. Y.
Hamilton and Woods Little, Esos
while the Commonwealth was rep, esent
ed by Boyd Crumrine, Esq, District
Attorney of the county, assisted by
Harvey j. Vankirk, Esq of Washing
ton county, and N. p Fetterman, OF
This city. The trial occupied five days.
and the jury, after absence of three
quarters of an hour, returned a verdict
Of guilty Of murder in the first degree
A few weeks afterwards, and upon the
conclusion of Montgomery's trial, Fog
er was brought into court, and 1.-THE sen
ence Of dealh pronounced upon hlm by
Judge Acheson, when James Il. Ruth
Esq gave notice that h. would carry
he cascIo 'he Supreme Conrt on writ
If orro', The case was carried to lhe
Court, when the eiscision of the
over Court was affirmed. ft
TRIAL OF MONTGOMERY.
Muntgomery'S trial commenced on
Monday. the 25th of February. and the
,ase did not 60 to the jury mli Sa,ur-
lay, the u OF March. The a,roci,y of
he crlme With which the prisoner was
:harged, his youthful appearance, and
he prominent position held in the com.
nuni,y by his relatives, conspired to
ender the trial one of unusual interest,
md the court room was crowded daily
" people, many of whom had been at.
ractod from distance. Messrs. VIM.
dcKennay, David Wilson, Alexander
wilson, George Hart, Truman Brady
md Root F.. Gibson, Esqsp appeared
or the prisoner, and District Attorney
II. S Vankirk and N. P.
tetterman represented the Commons
wealth. Tbe Efforts Of the defense were
mainly to the proving Of an alibi, a Sis