The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1869-09-16

of Esq. Baum returned in afternoon and
made a careful examination; found seven
stabs-three upon the breast, one upon the
head, two on right arm, and one on left
hip opened his chest, and found tEat the
weapon had penetrated right yentricle of
heat this was mortal wound, but none
Of the others would have produced death
the wounds were made with q sharp edged
instrument; a knife would produce them
his physical condition otherwise seemed to
be good. Drs. Oatman and Maucher were
present at a subsequent examination, but
was alone in this. Am 8 regular practi-
sing physician.
Cross exGmined-Only the one wound
would produce instant death this one
passed between the fifth and sixth ribs and
upward into the heart cuts in clothes cor
responded with stabs in body.
Drs. Maucher and Oatmau, practising
physicians at Carrolltown, were respective
ly called, and testified that they had assis-
ted at post mortem examination on night of
2Ist Their evidence corroborated that of
preceding witness.
At conclusion of thei- testimony, Com
monwealth rested.
THE DEFENSE.
/ At Il o'clock, r. l.. Johnston, Esq,
! opened for the defense by proposing to
prove that witness character 6ntil this sad
! occurrence unimpeachable that on
tie night in question, he was not at him
| self being of peculiarly sensitive dispo-
| sition, which was decidedly aggravated by
| the lipuor drank that three OF these en-
! pIoyees, deceased among the number, had
! conceived Il gruGge against accused be-
! cause he had been placed i'll position of
/ trust over them; that threats were made,
| even to taking his life, and that he had
| good reason to believe that he was in dam
! ger of death or great bodily harm that all
| that evening he desiSted and refused to
{ fight that deceased was bent on picking
! a quarrel out of him on that occasion
! that another knife was found in the imme-
! date vicinity of the quarrel, and it would
| be proven that it belonged to prisoner, &c.
! As the hour for the noon adjournment
! had nearly arrived, few witnesses were
called to prove the good character of pris-
oner previous to his removal to this county.
James C. Ridgly, John 5. Miller, AID
! Josiah Fogle were respectively called and
sworn. Prisoner had worked on saw-mill
| for Mr. Ridgly, II miles from Baltimore,
! Md, for The space of three years and four
months. He bad known him for five years
and during all THAI time he bore an un-
! blemished character quit his employ on
account of failing health in March last.
/ The other gentlemen named likewise testi-
fed 10 the excellent character borne by
accused during his residence in Baltimore
county, Maryland.
Court adjourned till 2 p. m.
! AFTERNOON SESSION.
Il. g.. Fry called for defence and sworn
-Emp ployed accused in May last in the
! pacity of foreman of my MILL in charge of
the hands. with power to discharge men.
! Prosecutor objects to testimony irrele
| want Court overrules exceptions taken
| and filed J After l placed him in charge,
! | was told that the men were not obeying
my partners orders or his. | told him if
/ he would not discharge men who would
! disobey orders, | would discharge him on
"A subsequent visit to the mill, he told me
that deceased refused to obey his orders,
| lin regard to carrying out slabs, &C. l
went out to where Philip was working and
asked him why he did not obey orders he
| told me he did not refuse | then repeated
! what accused had told me; said he did not
| Gisobey, but Acknowledged to making vEl-
| gar answer when ordered to do the work
Perhaps n week after this, accused came to
my store for packing, aud then told me that
| he couldn't stay if this man Phalon and
Hines were not removed he would find an
! other place asked him why he said that
they were constantly swearing in their con-
versation told him I would be at the mill
ere long, and did go down once before this
| affair happened. On the day after the oc
currence, | went down to discharge these
men, but W hen half way on the road, heard
| of the killing. Lewis has been peaceable ;
as much or more so than any man know ;
never knew him to drink, knife shown.
! | keep and sell knives like that; sold three
in that ueighborhood. Prisoner bought
that knife from me on the 7th of June.
Gross E1dmined-Told the hands on two
! occasions that accused was in charge told
! Hines and Beckel also Mr.. Deurr is Il part
ner, and was boss previous to Holsners ar
rival. One week after he came, / gave him
the power to hire and discharge. Heard
! Mr.. Deurr complain once that his wife did
not like John Hines, because he was too
loud-mouthed and saucy about the house /;
he never complained of Philip Phalon.
did not know that the men were trouble
| some previous to prisoner being employed
! Did not tell John Weakland that. I'd give
$4,000 to have him acquitted know that
he has wife and four children, that he
| had no friends know that he has two broth
ers my private counsel are defending him,
| in addition to the legal gentlemen employ
ed by himself. There was twice as much
work done after he arrived than before.
Jacob Johnson, re-cdLLed-Prisoner bore a
! good character saw him take one or two
drinks the night of the trouble: my impress
| sion is that he sober al the time L
was not much about him. DO not know
that the character of deceased was bad
| Philip Phalon was married had one child,
born after his death Ut may be proper to
remark that this infant died during the at
tendance of Mrs. Phalon at the trial.)
John ERgLe, sOorn.-Am of-bearer at big
! saw in Fry & Co.'S mill limited to prisoner
/ come time before this affair that he had
better be careful of deceased Philip had
asked me to show him fair play when he
would be fighting the Holsners he didn't
want more than one at a time he didn't
! like prisoner-tlought they wanted to run
! the whole machine thought he could whip
any one of them at time thought he could
! get chance on the 3d-if not, on the 4th
of July shortly before his death, Philip
told me he had difficulty with accused !;
that he wasn't going to work under him,
/ and that if he didn't watch che would lay
! him out - told him thought he had better
! get another job, and it would save trouble;
the first conversation was in presence Of
/ John Hines. Told accused that deceased
! vzas nleased with his hnssinn-t hi at