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

customary form, demanded trial '.by God
and his country" The empanneling of a
jury was Immediately commenced. and after
thirteen peremptory challenges by the prison
er. four by counsel and eight for cause, the
requisite number were chosen. Following
are the names of
THE JURY.
Joseph F. Cooper, Joha Kiper.
David Fulton, Henry Anstott,
William koons. George Kring,
George Bowman, Andrew Carroll,
David Trexler, William Dishart,
John S. Luther, Daniel Skelly.
Upon the completion of the panel, which
occupied two hou urs, Court adjourned.
AFTERNOON SESSION.
Court convened at 2 o'clock. j. G. Easily,
Esq, opened for the Commonwealth. He
gave brief but succinct history of the i'm
portant case which was about to be tried be-
fore the Court AMI jury, and summed up tie
evidence by which it was designed to fix the
guilt of wilful, premeditated murder upon
the prisoner at the bar. At the close of his
remarks the first witness for the prosecution
was called, and as the statements made by
this gentleman were in the main substantial
ted by all the other witnesses, we have re-
ported it pretty fully, thus avoiding unne
cessary repetition in giving the full evidence
JacO6 Johnson, S1cOrR.-Live in Susque-
hanna township; my property surrounds the
saw mill of Fry, Deurr & Co on the night
| of July 20, 1859, was at the mill; the own
/ ers had pile of waste for the purpose Of
| burning it; about o'clock that evening it
was fred made large fire. which abated
as darkness came on the firm promised to
| treat when it was pretty well burned. and
! jug of whisky was brought about dark the
men were watching for fear OF sparks setting
mill on fire some we've talking, some play
| iug cards. ali drank; after dark prisoner and
| were sitting talking; there was loud talking
! and swearing near us; we sat still and soon
noise ceased they said it was only between
John and Philip Phalou; all came back and
took druk after midnight quarrel COM
menced between Mr.. Beckel and VIM. Hols-
ner scuffled around for while, but were
separated; didn't hurt each other; the trouble
between them was something about their
women; some of party were drunk; Mr.. Deurr
and VIM. Holsuer got into holds, and Will
liam was thrown; Mr.. D. told him he didn't
want to hurt him, but that he must behave
himself; [ did not interfere; thought it would
not amount to much considerable fuss was
going on behind me, but they appeared to
get things fixed; Lewis left with his brothers
BeE and VIM, but came back shortly; Lewis
and Philip Phalon then got to talking about
! something that had previously happened at
mill; Phalon called prisoner liar and pris-
; oner retorted by calling deceased id liar,
aud rushed at him; got him do wD; L tried to
prevent the quarrel, but when they got to-
gether some said to let them fight thought
fist fight would settle it, and so left them
alone; deceased struck or pushed prisoner
and latter appeared to go down; it was dark
and could not see positively; Phalon SEEM
ed to fall on Holsner; they were in a struggle
| apparently; ii. appeared to get on top 2.
then called ''enough!" | was holding John
Phalon at this time, but soon let him 90 :;
reached for prisoner and tried to pull him up;
deceased appeared to have hold of prisoner;
John by this time got boisterous; l held him
for haK a minute and prisoner and his broth
er Ben went away in meantime; John asked
me to let him go, as he wanted to see what
was the matter with his brother; let him go;
he went to where Phil was lying and direct
! ly exclaimed, "Here is stabbed man l"-
we got light and found it was so; be ap-
peared to be living aod was drawing a long
breath, bat did not speak except to articu-
late ''enough !" Lewis Hosner did it, heard
two heavy strokes given on head of deceased
by prisoner, just before he was lifted off; /;
heavier than fist strokes; knife found there
afterwards; saw Mr.. Duerr with it in his
hands; had saw DIST and dirt on it; the con-
| Aict dii not last more than half minute
until deceased called senough" before he
knew that his brother was killed, John said
to Lewis, "You have whipped one Phalon-
perhaps you would like to try another?" and
was answered, ''No, one Phalon is enough!''
AT this time | was holding John.
Cross Examined F. d. & Co. are own
ers of the mill VIM. Holsner is partner !;
| Ben and Lewis were employees do not knew
| that Lewis was empowered to oversee hands;
1 John and Philip Phalon were both employed
at the mill; Philips disposition was quarrel
some all evening; prisoner went down when
deceased gave him second push, and l think
Phalou got on top, but was only thus for a
short time; l was holding John for fear he
would get on prisoner; Lewis lives nearer to
mill than the Phalons; helped to arrest pris-
oner, who made no resistance; found him
dressing himself; Lewis did not say in my
presence that he did not wish to fight; they
were angry about something which occurred
in mill week previous, and about this they
| differed.
In Ckief-Thought from their talk there
was an old grudge; prisoner had on rough
clothes that night. but when arrested had
ON different ones. CLOTHES shown and recog-
nized by witness, but he was not willing to
swear to them positively
Re Cross Examined The old grudge ap-
peared to be mostly with Phalon; prisoner
did not talk to me about it; their quarrel re-
suited from Phalon refusing to carry out
some slabs, which Holsner had ordered him
to do; Phalon asked him at that time if he
was "f0nning that machine" and when told