The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1869-12-16

While helping Burk to hunt horse the latter
swore by his Saviour that if he thought Set
tlemoyer took his horse, or hid him, he
would kill him. When witness came back
Mr.. S. was missing, and after search they
found him on upper porch. He complained
ot being hurt In stomach, and witness, with
the assistance of others, carried him down
stairs; removed his outer clothing, but the
pain was too severe to permit them to take
off his pants. He threw up" and then
faiuted. S. sail that Bu,k had struck him
across the stomach with board. | went
after Dr. Chestnutwood as soon as S tainted.
Cros-examination ELECTED nothing further.
4ArnJo'ose Branif' s,oorn-Went to assist
IN peeling bark just after dinner time. Ev-
erything was moving along pleasantly until
the party came from Wiimore. When Burk
arrived he went up stains and looked at the
watch Of the man who was playing the 6d-
die; put it in his own pocket. but shortly
afterwards returned it aud went down stairs.
Keating took off his coat and made at Burk,
when $. ordered them to be quiet. Keating
wanted to know how he was going to make
them keep quiet. and was answered that
they must either keep quiet or leave; upon
further inquiry from h as to how he would
make then leave. s. said he would scaid
them if he couldn't put them out any other
way. quarrel ensued shortly afterwards
outside the house between Heating and Mon
ahan. S. went out. saying they should not
abuse the latter. Next saw S come from
corner of house where fight had been. and
he said Burk had struck him with a board.
lie did not complain then. After S. went
in rush WAS made at the door. water was
thrown out, and then Monahan took his po-
sition at the door with stick in his hand,
threatening to brain any person who would
attempt to come in. Several made threats
that they would kill S, when they'd catch
him 10 Wimo-e; they said, He scalded us
and we'll scrape him when he comcs to town.
Edso'd Gretr was next called, but nothing
important was elected from his evidence.
John SeHlemoycr S1cOrH.-Am a brother
of Aecea,ed had been assisting to peel bark
during day. When the Wilmore party came
that night heard my brother telling them
he wanted the party to 60 off civil that be
made room for them to dance down stairs,
providing player for them. Saw Heating
Pull facing off the door, and shortly after
saw my brother and Burk in holds. ! wake
off 25 OF 30 yards until disturbance was over
Some times afterwards got into house By
back way and found my brother sitting un
der the stairs. On inquirrg if he had been
kicked, lie answered, mo, but Burk struck
me in the belly with a board endways."-
Did not see him again until after breakfast,
when he was found on porch. Helped to
bring him down stairs to little bedroom.
Stayed with him until his death. which oc-
CURED 80 hours afterwards. He was struck
about O'Clock, a. m. He told DR.. Cherry
wood in my presence that Burk threw the
board.
Clara SstHemoye, sacorn.-Am a niece of
the deceased. When first fight occurred out
side ] heard Burk exclaim "By J--s
Ct! | will kill that man as soon as
meet him in town" When asked who be
meant he said, 1.-The one who threw the
water" My uncle had thrown it. Saw
uncle after that sitting board under the
stairs, He sat down on chair and looked
quite pale. He afterwards walked to the
table. | asked him what was wrong, and
lie answered that he was hurt-that Burk
threw board and it had struck him.
Jesse H. Dimond Gone Of the musicians)
was sworn, but his testimony threw no addi-
tional light on the subject.
John Setaemoyer re called Board shown
and recognized as the one his brother said
lie had been struck with He requested me
to keep it, aud / marked it with .'kel."
Henry Conrad re called = -Becognized the
board as the one which he had delivered to
ESQ. Miller at Wiimore, week or so after.
Joseph Miller, Esq Stcorn.-This board
was delivered to me four days after MIR, Set
tIemoyer'S death.
DR.. CheSnutscO0d StcOrn.-Was called on
about O'Clock on morning of 10th of June.
Found Mr.. S. suffering extreme pain told
him he was in a very critical condition
that his chance for recovery was not one in
one thousand Asked him if he
was positive that Burk had struck him and
he said he was-that he had done it a board.
He told me he thought he was going to die.
When I saw him his bowels were caved in
some two or three inches. ] treated him,
but | knew it was no use. for his eyes were
sunken into his head. He died about 7. a
~. the next morning. l assisted DIR! krise
at post-mortem examination; we found HIM
ruptured in a way which would be produced
bv some hard substance. The rupture was
fve-eighths of an inch in circumference.
Cross -Erumined d-Saw no external marks
on bis body-no black and blue marks His
bowels did not appear full the contents of
the bowels were emptied into the cavity of
the abdomen.
DR.. j. J. Krise slcorn.-Was called upon
to make post mortem examination on the
body of Jacob Settlemoyer on the 18th of
June Opened him and found lungs con-
gested, bowels infamed and contents emp
tied into the abdominal cavity. The rupture
would necessarily produce death. Death
should occur in such case almost immediate
ly. Have been practising
physician for twenty three years.
Cross Examined Rupture was across the
transverse colon. five-eighths of an inch in a
straight line. No external marks.
Ann Skelly sacorn-Saw Conrad try to
put McGough off floor, but did not see any
Of the subsequent quarrels.
Court adjourned until
MISUNDERSTANDING SESSION.
ARdre,c Conrad re called by Com h.-Was
at the door " hen water was thrown out. L
saw Burk striking Jake with board. He
threw it while Jake was standing in door.
Jake picked up board and walked back iato
a corner with it.
Cross Examined Night was dark. AT
ter water was thrown l heard the threats