Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-07-06

following evidence, principally:
Jno. ]. Shipherd, Asst Sec'y OF the Co,
teSttnes to an interview with McCorkle on
the 10Th, the morning after his arrival, in
which he asked McCorkle where he was on
the night of the fire, and that he replied that
he 'staid at the hotel in Gustavus, TO which
he remembers saying-'you hav my SYM
pathieS,' for ! once staid there and thought
il a tough place. n that McCOrkle said he
went from there to Jefferson and Denmark,
and that he heard there had been a fire at
Baconsburg, n hardware store, but did not
know it was theirs until he got home.
I. +. Shipherd, agent of defendant and
brother OF John J., testihes TO being present
at same interview, and to substantially the
same statements of McCOrkle, that he staid
at Gustayus the night of the fire.
Mr.. Paine, landlord of the Jefferson House,
testifies that he is confident McCorkle was
not there on the night of the eth, and that
he only first saw McCOnkle on the OF
Sept. after, at Baconsburg, and then did not
know him nor was he recognized by Meteor
kle while with him some time.
a Nh. Adams and the h%ostler. who were
both at the Jefferson House on the IIth anu
18th, MI. Adams taking breakfast there that
morning, deny McCorkle's being there; al
least express their opinion similar to that OF
Paine, and from circumstances, that they
have no recollection OF his being there and
believe he could not have been there.
N Fee. whom with his brother-in-law,
McCorkle says he supposed he saw ride past
while standing in the door at the Jefferson
House, after sunrise on the morning OF the
18th, t~eStiies that he was not there at that
time and did not, at any time, ride through
there on horseback.
TalcOtt, that McCorRle did not inquire
road to Denmark.
Hugh W. Jackson, of B~aconsburg, t~estifies
that he was at that time carrying the mai
from B~aconsburg to Jefferson and back, inc
as testified by Mr.. Paine, staid at the Jener-
son House on the night of the 18th; had driV-
en- out of town at five or six in the evening
and returned and put his horse in the stable
between 9 and 10, and saw nothing of Nc
COrkle'S horse or buggy; was up early IN the
morning and before she fed his horse, as was
his habit, and around the house until break
fast, at breakfast. and Immediately after
brought out his horse. got the mail, n
started for B~aeonsburg; that he saw moth
ing of McCorkle there, and Is sure ne was
not there; that after starting from JeIIer-
son, about three miles. or at least more than
two miles, south of jefferson, upon the hill
by Swartz farm, he met McCorkle; that ne
hailed him witha rather rough salutatlon-
'halloo, has Baconsburg taken a puke?-
when first near him that both stopped as
they came along side, and that he asked
McCorkle if he had LETT mat
morning, and McCorkle Said-'no, l stald IN
Denmark last night; that he NOTICED oat
straw, thinks as much as two bundles. I'M
der the seat of his buggy.
The foregoing seems to De the prlnclpal
positive proof adduced by the respectiyep par
ties in relation TO the absence OF McCoIkie
from Baconsburg during the nightoftheI.th
McCorkle denies unQuallnedly having
said. at his interview with the Shepherds,
on the 10Th, that he staid at GustaVus the
night of the fire; denies telling them he had
heard OF there being a fire at pc
fore arriving home: denies having met Jack
son as stated by him, but insists II was as
he. McCorkle, stated; denies having told
him he Staid in Denmark, and denies nav
ing had oats in the bundle, or oats straw In
Mrs. jackson, mother of Hugh. in relation
to the oats in the wagon or buggy, testlnes
to hearing McCorkle say TO Hugh, IN talk
between them shortly before the first trial
OF the case, thai what he, Hugh, saw in MS
buggy, when they met, was only some straw
which he had to lay books on which he car
ried.
both parties to the Register of the Jefferson
House givenin evidence, showing the name
of McCorkle in his hand-wr1tlng, mus
"A. McCorkle, BaconSburg, Aug. u Inc
name was not on the last age OF names
written on the Register, written on the right
hand page headed Aug. 18th, n contain
ing one name proventO have been registered
there on the 18th Aug. on the l4th line from
the top, and which right hand page was not
filled until after the 2ith Aug: aGc9 G0rlEfgs 10 10
on the left hand page, eight lines from Ine
bottom, which page is headed Aug Il, looo-
kept, and l regard ii, under all the circun-
stances and evidence, as thowing nolighto on
the question of McCorkle being there on the
night of 18th.
McCorkle drove the same buggy that passed
the house of Mr.. Risley. VINO heard II
drive out of Peck Lane, the by-road, anu
drive north from B~aconsburg on the Cow
derry Dad lust after hearing the alarm OF
FIRE. Nj. Risley testified that the house he
then lived in stood about 30 or 10 feet from
this by-road, and about the same distance
from the Cowdery road leading from Bacons-
burg to East Mecca; that Peck Lane had no
highway work done on il, unfrequented ana
difficult 10 pass through. but leading from
the main Travelled road from Baconsburg to
Mecca. east to the Cowdry road; that ne
heard a buggy or light wagon pass about l
o'clock; came up the lane and turned norIh
on the Cowdery road clock struck one as
buggy passed; also, heard voices hallooing
at the time from the direction of the Burg;
thai his house was nearly a mile from the
Burg or store; that next day he followed np
the same buggy and found, from appear
ance. one horse had been hitched in the cor
ner of the fence and fed oats in the bundle;
had the appearance Of having stood there
some time, track came IN lEoAlhAG NGsA1Aa
went out east.
Mrs. Mahoney testihes to having seen the
appearance Of a horse and buggy having
passed along the n that night, anu tue
horse fed in the curner of fence oats IN the
bundle; that she noticed this the day alter
the fire.
band. Mr.. Maheny. who ~testIies that after
learning this fact ofhis wife, he eNaminedthe
spot, found a horse haG been there hitched
and fed, but thinks the track OF that morse
small and under middle size, and that the
! horse was a grain-fed horse. And MI. Love,
the father-in-laW of Faunce, teStlnes that NC
Corkle drove his horse II buggy; that ne
took the horse from the pasture; morse was
l moi fed grain: foot was larger than ordlnar
size. and that some days after McCorkle re-
turned, hearing the story OF the oats, ne eN-
/ amined and found no sign Of any oats having
.John Fee. on part of defence, t~estiies, that
previous to the first trial OF this case, McCor-
kle came to him and told him he hought ne
saw him and Parks ride past the Jefferson
| House, while he was there early on the morn
ing of the 18th, and would give SlOO, II theyo
if he, Fee, could testify that he had seen MIN
there.
came to him and inquired, while at ms sta
BILE. if the insurance company a been 10
see him, and said that he wished he had seen
him first, would have gwen MN as gOou =
horse as he would wish TO drive II he would
make his statement correspond 10 MS, Mo
Corkle's; that afterward McCorkle called on
him again and gave as a reason Tor having
before called upon him, that he had under
stood from as many as twenty men that they
thought the insurance company was brlDlng
him.
their versions of the conversations; says he
told Fee that he thought he saw him and M
brother-in-law ride past MIN early IN Ihe
morning of the 18th, while standing in tht
door OF the Jefferson House, and told hin
that he would o have ~begrudged a SIV
that il had been so Il that they remember
ed seeing him there at that time; that ne
told Jackson he heard hat he had reported
that he, McCorkle, had Sheaf oats, and want
ed him TO leave il indefinite, TO give the facts
as he had no oats or straw in the buggy.
Mr.. BRYANT and Mrs. Bailey represent thS
time of McCorkle's arrival at Bryants u
have been after dinner on the Iith; that h'
staid there-Bryant says three hours, Mrs
Railey from two TO three hours; that he lei
there as late as 3P. NJ. McCOrkle testihe:
that he arrived there a little after u n nae
considerable conversation, but lett muci
earlier. Barber ~teStifieS also, Tor plalntlH
that he met McCorlle going west from Gus
tayus in the afternoon, thinks about 2; dlC
not note the precise time, nor renenDel
where he himself twas going, but remember
that dinner he was doing chores Tor I
time about his house belore. going east, an
thinks he must nave met him about i. NJ
And Brown, called by plaintiff, testinest tina
he had been 10 dinner, but thinks IL about L
when McCorkle stopped and talked with MN
a mile north or Bradley's, in Johnston, OF
his way towards Bryants.
Headley, cousin OF McCorkIe, testlhes loth'
distance from Baconsburg TO his house, IL
Denmark, 80 miles; from his house TO Jefer
son Z miles; from Jefferson to Ashtabula l
miles, and from Ashtabula to his house l
5 THE foregoing resume o.: toe mJsp nateria
evidence upon the q and 81 lssuesLmor
! particularly upon the3d-I V et~houghtdu
TO the parties, the case n the report; ano
10 avoid greater -tediOusn6ss, omlt Q state
/ ment Of rebutting, qualifying p
? evidence, by no means unimpOrtant, an
/ though not in this resume, 10 be given ii
: proper weight upon those issues of fact.
The material inquiry under the seconds n
: Z third issues seems, by all the proof 10 De
? where YES McCorkle during the night OF
fire, ana what h4S co2nd1ct in relation TO IN
free
t In answering these inquiries the itefere
/; reasons upon the evidence at c~onsiderabl
: length, which comments, though interesting
L We cannot find splce for owing TO the alread