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

S"ST 10 lne eHecG LnaL ne 0td not care II he
was when quarrei commenced on morning
OF 2lst prisoner told Phalon that he had re-
fused to obey his order, and deceased called
him liar, and prisoner liared him. and then
they went at it; do not mind that Lewis told
him he would have him discharged right off
John Il. Hines Slc07n.- o Beckel
and VIM. Holsne- were quarreling, and the
prisoner and Lewis then came in contact :;
latter drew off his coat stopped to pick up
his hat, when he received kick; asked who
did it; deceased replied. 81 did ;" prisoner
said, "I'll get up to you )" Lewis was hold
ing his brother, who had said he would .'ix
him off," (Witness detailed fight between
Duerr and VIM. Holsner, partners in mill }
When separated Lewis exclaimed, That's
all L want to know about partnership %
He took his brother William off with him !;
stayed away nearly an hour and returned
alone. Prisoner was accused by Beckel and
deceased about some words he should have
said on mill; he denied that this was so, and
said, Il will die on this spot before l will
acknow ledge the story the way Phil has it,"
Phalon then said, You deny the truth
would rather take whipping than lay under
that )" both then went at it. o
Saw knife picked up by Mr.. Duerr it was
driven in a sloping position in the saw dust.
(knife was produced and recognized by wit
ness. 1t is heavy BRASS ndled pocket
knife, two bladed, the larger blade being
about three inches long by one-half inch in
width.
This witness was subjected to a rigid cross
examination, but nothing further elected.
Clinton Jones StoOrn.-The testimony of
this witness did not differ materially from
the foregoing He stated that the prisoner
had accused deceased of kicking him when
John Phalon and him were III holds, and
that this was about half an hour previous to
the fatal termination of the quarrel.
Jos. Hines slooTn.-The evidence Of this
witness was only repetition of facts which
had already been given in testimony.
John PhaLon s,oOrn.-My brother (the de-
ceased) and l were engaged in a quarrel dur
ing the evening; struck him once. detailed
quarrel between prisoner and deceased. y
rested prisoner and confronted him with the
body of deceased; prisoner remarked, "Well.
what of it?' (Clothes worn by his brother
on that night shown and recognized
John J. BeckeL sUOrm-( Described fight
between himself and Benz Holsner with great
minuteness.) Saw deceased swing over and
fall, with prisoner on top, and Phalon .'hoi-
lered" ''enough J" Ben said, "He hollered
enuugh-let him up" Prisoner then struck
deceased on the head, ami George Duerr re
marked, THAT cracks like steel !" This oc-
CURED about three yards from me; in raising
Phil. up he fell on his face towards me-
(Com'th offered to prove that witness was
asked by parties connected with the defense
to make certain statements about previous
difficulty between deceased and prisoner, of
which deceased had informed him. Object
ed to, and objection sustained by Court. }
There were ten or twelve men there that
night if the whisky had not been brought
there would have been nothing Of it.
Court adjourned until Friday morning at
s o'clock.
FRIDAY-MORNING SESSION.
GeOrqe Due7r Slooln. Saw
deceased give prisoner kick and tell him if
he couldn't settle himself he could have
more. The quarrel was then settled. Wm.
Holsner and Beckel then got to quarreling ;
prisoner pulled them apart VIM. Ii. and
then had quarrel prisoner took his broth
er away 10 the house aud came back alone
in ten or fifteen minutes. He sat on a log
along side Beckel and they got talking of an
old quarrel that had happened at the mill.
Lewis denied making the expression attrib-
ted to him. Beckel was at this time drunk
and wanted to fight with him, but prisoner
was not willing. Deceased then took up
old difficulty. Assisted an
officer, few days afterwards to find knife
at John Phalon's request was preparing to
draw off dam, as he thought it might have
been thrown in Hines was raking sawdust
at scene of killing, and l Academia ~ struck
the toe of my boot against it; il was buried
in the dust, with blade down. Gave
it to Esq. Baum. (Knife shown and recog-
niZed.
Cross Examined. had been
| about two months at mill previous TO this
| happening, and had charge of the men be-
longing to the big saw Hines and Philip
We're working at shingle mill deceased
told me of difficulty he had with prisoner !;
their work belongs to big saw heard pris-
oner tell John Phalon. after the first strug-
gle, that he did not want to fight; saw the
knife with prisoner the afternoon previous
to the tragedy; did not say the strokes
sounded like steel said they sounded diff
ferent from first strokes.
In Chief-I sent John Phalon for the first
whsky-a gallon told him to take it to
the house and empty some of it; he took
out one quart. Second liquor was brought
about II, M-half gallon. Ben told me
that deceased and John Hines paid for it.
Cotbdrine Keith SWOrn.-On night of
July 10th was living in the capacity of do
meStIc at w m dolsner>S mousse, was IN
house aud awake when prisoner brought
William home; prisoner said to him, you
90 to bed and I'll go home and go to bed F;
if they don't watch I'll knife some of them"
William then went to his room and prisoner
left.
Cross Eramined.-Had been living there
long time and only left couple of weeks
ago; do not speak German, but understand
it; the conversation was in English pris-
oner was there five or ten minutes; Irepeat-
ed conversation to Mrs. Holsner next day.
but to no one else until l was subpoenaed !;
did not tell any one l did not know what l
was subpoenaed for; Go not remember of
telling Daniel Snyder that was glad did
not know anything about it. An attach
ment was sent for me by this Court.
Laurence Smith SsoOrn.-I was chosen as
ono of the guards to watch prisoner after
his arrest uutil Jacob johnson would change