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


james McKennG tods SlcO1n Was with
the party from Wilmore that night. Burk
came about an hour afterwards. Witness
detailed several quarrela } Saw water thrown
only once Was about eight feet from the
door, ard it was too dark to recognize any
person that distance Saw John Riley throw
a board, but no person was in the door or
on the porch then it did no harm. Saw
several strip to fight just then. but did not
see Burk. John McGpugh felt his liquor
we ali did, but none Of US were drunk. Onr
party took two drinks before leaving Viii
more. | think Burk was at Flynn's panty;
Settlemoyer was there, and we all got
general invitation to attend the bark peel
ing; am not sure Burk was present then.
WiHiam Eniigh Stcorn.-Saw prisoner and
deceased quarreling. and saw latter get
board and run with it raised towards BurG.
Somebody was struck, but can't say who
the stroke was not with the board. Think
it was Smay who pushed Mr.. s. around
when be had board in his hand. DON'T
know where Smay is now-havn't seen him
fer two months. Saw Mr.. S. throw water
that right, AMI just after saw Riley throw
board The board I saw in Mr.. SIS hand
was something like this one.
Cross Examined Mrs. s. and lad few
w.rds that night l told her to so to HI
with her Cd id pie. thought she had
called me loafer misunderstood her. Mr..
s. then told me to leave the house did 30,
but went back afterwards. Riley was stand
ing to lett of deor-crowd to right; he threw
the board close down by his feet on ground.
The crowd was principally drunk, and were
threatening to whip crowd inside.
IBIS. Margaret Greeo was examined, but
nothing new was elected.
Mrs Alice Gre,C stCOrR Mr.. Settlemoyer
was dancing in same set with me when fight
began outside lie went down stairs, out
came back directly hunting for light, that
he might get boiling water and Scald the
eyes out nf their heads.
John LingeU testified that Burk behaved
decentiy.
JI,nes FINN strOrR.-Mr. S. was at party
at our house three weeks before and invited
all present to attend his bark peeling. Don't
know whether Burk was in the room at that
time or not. Saw Burk AID S dance in the
same set that night. Burk came 10 Settle
movers party on horseback said he want
ed to see Ed Grew about buying mule,
and asked me to hold his horse till he would
come out. He stayed too long aud left the
horse 60 At time of fight / saw S take a
board from box aud run into the crowd
and say that be wanted peace. | think this
is the board. | left with Burk
LctoiS Deldhunt SlCOTn.-Saw Burk just
after water was thrown he had his coat on
and hands in his pockets. Came with BuTk
to party at ten minutes past 10 O'Clock and
staid till half-past 2. Burk got horse at Mr..
Malzie's, at Wimore.
James Keating was next examined, but
nothing important was developed
4nn Sicily re eaLed.-Saw Burk dance
upstairs. Heard Conrad tell McGough that
no loafers shonld dance there that night
McG was pushed off the floor this time, but
danced with him afterwards. (When wit
ness was asked for her definition of ''loafer''
she said that those persons who did not ap-
pear during the day. but who were there at
night to dance, were designated such.
Evidence closed at half-past IL O'Clock.
when w. H. Sechler, Esq. commenced his
argument for the prosecution. Various au-
thoritios bearing en- the case were cited and
a portion of the evidence ably reviewed by
this gentleman. At the conclusion of his
remarks Court adjourned.
AFTERNooN SESSION.
r L. Johnston E>q >, in his characteristic
style, made most able plea fer the defence
CccCvying about an hour. He was followed
by his colleague, Geo. NJ. Reade, Esq in a
very exhaustive review of the entire testi
mony. This learned gentleman spoke for
space Of one hour and thirty five midutes.
T. P. Iierney, Esq. closeG for the Com
monwealth, and although he occupied not
more than half an hour, during that time he
made powerful appeal to the jury, review
ing the testimony rapidly, though not fail
ing TO present every fact and circumstance
which was calculated TO secure the convic-
ton of the prisoner. When he closed the
hour of adjournment had almost arrived
and his Honor Judge Taylor deferred the de-
livery of his charge until
FRIDAY MORNING
The President Judge delivered most
elaborate and impartial charge, which we
should be glad to reproduce did not the cx-
treme length of this report forbid. At ten
o'clock the case was given TO the jnry.
THE VERDICT.
At O'Clock, p m, the jury returned,
the prisoner was brought in, and for the
first time he betrayed symptoms of uneasi-
ness. The countenauces of those twelve
men whom he had chosen to pass jndgmen;
upon his crime, revealed to his hasty and
appealing glance no .race of the conclusion
they had arrived at, and amid the utmost
Stiffness their names were sewers ally called
and the question asked. In the issue lined
between the Common wealth and Edward f
Burk how do you fnd 2'' aud the answer
came Gully Of Murder in the Second De
gree - And thus the verdict was recorne1.
The prisoner was remandeG to Jail, and
win no doubt receive his sentence during the
present week.
OTHER PROCEEDINGS.
Com'th VS.. Jacob Zern-indictad for as
sault and battery and attempt to commit a
rape. Not guilty, but required to pay two
thirds of the costs and the prosecutrix to pay
the balance.
Com'th VS.. Christopher Welden and oth
ers-indictment, riot and affray. These were
separate indictments, but issue was joined
/ and P. F. Lynch. Ambrose Martin and VIM
Smith were found guilty of an affray. Other
parties implicated but not. yet apprebended
By leave of Court writs Of notte prosequ
were entered in the following cases. on pay
| ment of costs by the several Defendants