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

and not u1prepossessing appearance. His
character where known is that Of an inoffen-
sve and rather we'll disposed man when not
under the Influence of "liquid damnation"
that fruitful cause Of many and such
terrible crimes-but when intoxicated he is
said to have been reckless, daring and ex-
tremely vicious, and hence the sad extremi-
ty to which his uncomfortable passions have
brought him.
Immediately after the arraihument of the
prisoner the Clerk Of the Court commenced
calling the list Of Jurors, and as each man
answered to his name he was either ckal-
lepged or accepted Twenty -four were chal-
lengeG for cause, sixteen by dcfendadt and
three by the Common wealth. When the
panel was exhausted a number of talesmen
were called from among the large crowd
present, but failing to secure the requisite
number even then, it became necessary
for the Court 10 order new panel. After
fifty-six names in all had been called and
three hours occupied in the effort. the fol-
lowing named gentlemen were Selected as
TIE JURY.
David Cobaugh, John E, Storm,
David Lamb. John A. NcMullin,
David A Burkeypile Wm P. Buck.
Henry Miller. George Crook,
George Wissinger. Augustine Craver,
Chas Farabaugh, Joseph Gutwalt.
TIE TKIAL.
F. P. Tierney, Esq, prosecuting attorney.
opened the case for the Common wealth by
reciting a history of the unfortuRte occur
renee, and concluded by pituating the
evidence by which it was intended to affi1
the crime Of wilful and deliberate murder
upon the accused. At the close of his re-
marks Court adjourned until half-past two
o'clock. P. N.
AFTERNOON sESSI N
Court convened at the hour designated,
after which the first witness for the prose
secution was called. His testimony we give
in full, but we publish only such portions Of
the evidence OF the other witnesses as dis
closes facts not made known by the priuci-
pal witness for the Commonwealth.
TIE TESTIMONY.
John McGough Stcorn-I live in Summer
hill township was at Jacob Sett!emoyer's
house on the night of June 18th, 1862
About 10 o'clock the first fuss commenced.
James Heating pulled of his coat and said
! he was the best man in the house. Some
one tsId him to put on his coat and not raise
a fuss. He put on his coat. / then went
out, aud shortly returned, when Mrs. Settle
moyer was passing round some pies or cakes.
VIM. Emigh asked for piece; she didn't
give it to him, and he told her to 60 to hi.
This wss what Settlemoyer said he was mad
about, and told Enoigb to leave the house.
Lewis Delahunt told S. to keep quiet and
not raise fuss--that some were tight
Lewis then asked him if they could have q
dance, and 5. answered ''Yes!" aud said
that he would bring some girls and fiddler
down stairs he did SO. Phil. Skelly'playcd
the fiddle, and We walked ont. A crowd
soon came rushing out, and some said Reid
~ Eg,I4
! In few minutes heard McGough holler
enough" l went up to part them. Con
/ rad then walked up TO James Keatiug and
struck him; they took holds. and soon G.
holered "enough!" Told K. to stop, as
Conrad had said "enough." Conrad then
went into the house and l walked back
few steps, when l saw Edward Burk and
Jacob Settlemoyer in holds. Don't know
| how 1t commenced. or how they were sepa-
rated. This was outside the house, near the
( door. Saw no striking. S. got loose from
him and went into the house came back
to door with basin of hot water and said
! if they wouldn't leave the house he would
scald them threw it on them; Burk got
-some of it, and others also. After this Bob
Monahan stood in the door and said: None
of you come into this house" No one tried
to, but he permitted Heating to go ia to
n.
home. Delahunt then bantered III, to come
out aud fight, but n. answered, 81 know
what YOU Wilmore rats are" He then step
ped outside the door and <. went into the
house. crowd was around outside and
! Burk was among them. Settlemoyer walked
out of house on to pt rch near me- Burk
! had or picked up board and came down
where we were stand in. and pitched i: right
/ at Settlemoyer's bowels. put his hands
! on his breast, turned around and walked iu-
! to house again. Did not hear either of them
! say anything. l walked to yard and sat on
! grass Burk came, aud laying down board
| in front of me, he sat on end Of it, remark
! ing: by J-s CT! ! gave jake enough
! TO feel for his breakfast tomorrow morning" a"
| Robert Monahan came and sat down on other
! end others came down and sat with US
! Burk then got up to look for his horse; it
was gone. aud at his request Monahan got
a light and assisted him to hunt for it.
started for home and on way met them
coming without horse. Board shown
| We might here remark that the board with
which it is alleged the homicide was COM
! mitted is about feet long. 8 inches wide
at one end and tapers off to inches at the
| other.l | cannot say positively that this is
| the board it may be, but thought it was
wider. Mr. s. lived two miles from Will
more. know Mr.. Burk was not there dur
| ing the day. went in evening with some
others We started from Wilmore.
Cross Examined. Mr.. S. had a bark.
peeing that day young ladies there for a
| dance that night Our party walked. My
brother, self and sisters were invited our
intention in going was peaceable. Burk did
not go in our party-be came on horseback.
! He resides sometimes with his mother. l
do not know whether they had liquor in the
! afternoon. l had about one quart of whisky
with me, but brought part of it back home.
! Do not know that Mr.. s. was drinking that
day; can't say whether Burk was drunk or
sober-didn't see him dance that night. l
understood the difficulty commenced on ac-
/ count of some of the young men showing our
| party off the floor: did not know that night