The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-06-15

,ownrds Moores house. You will consider
- asrcftlly This evidence and wi hat reliance is to
w., plgced on the testimony, considering the
Charncter of 1t. Some of the witnesses did not
5sy. when. as is claimed by the prisoners coun.
sci the snow must have almost. # not alto
Ecther, disappeared, and the difficulty in
tracirg a track over such ground. especially
As Others had walked in the vicinity of the
Rajl Road If this track led in the direction of
Noure's house and close to II, IL Is q c1rcuIn-
stance pointing to him as the i:iah who made
the track, when taken in connection with the
Ssct that the track was nv inches in length
md that Moore's boot measured llH inches
Won viii bear in mind, gentlemen, what has
6een urged here by the prisoners counsel as
10 the want Of accuracy in this measurement
20 - tho track as well AS to the want of CORES
TonJence between the track and Moore's foot
a. test fled TO by Mr.. Thomas, the shoemaker,
~ a. 5ivI to all the evidence bearing upon this
"uesiion its proper weight. In regard to this
Gurstioti of the track, in one view of it, 1t Is
lie most most important fact in the cnse. II
tEe large truck " hith led away f: ON the body
uas not MOore's track, or if you should have
a reasonable doubt on that matter, the entire
r,se OF the Common veal n fails; for 1t cannot
h, that if but two tracks led to the body, and
INT one out. and that one not MUores, that he
cTuld have committed the trimes All the
o,brF evidence of the Comm ON wealth could
nj pruve guilt. But, if the Commonwealth
Ia, ha,S If lie tracks to satisfactorily establish
Ills large one to be MoOre's, then it is for you
- -sy v whether, from all the other evidence in
tbs case. il is shown beyond reasonable
doubt o he Moore's.
md the objection in which they led, you
should believe that it pointed to Moore as the
VIII 10
nor be enough. 1t IS not sufficient for you to
saw that ne i probably the man; he must be.
vond doubt be the man. That this ciTcuU.
stance points TO Moore, tiny be significant
1Tt il Is only circumstance subsequent to
Tbe crime. which must be considered with
,Los. bich preceded it.
ITTt does not pointto Moore up TO this point,
no connection has as yet been shown between
him and the party a legged to haze been killed,
nor has il vet been shown who is the deceased.
Tha Iomnonwealth ch arges that this body
found is that OF one Annie +. Moore, alias
ts1g, 9TH
fOr, md M until five weeks of her death had
-, a r.si,Irnr OF No lCr2 Dean ST Philadel-
nina Starting with a description OF the body,
A. nearly rs its distigUrcd condition will per-
nit and all its surroundings, and comparing
them with the personal description of Eliza
beth stevenson, it is claimed that the identity
"A OF the two cannot be doubted.
From the testimony of John Shriver, Coro-
ncT Harold. and other witnesses, the Com
monwealth claims to have proven that n set
Of artificial teeth for upper and lower jaw
one Of the teeth of the upper set having been
once bTOken-a pair of Spectacles with one
glass lost, several pieces of woman's hair
comb, small piece OF white wooden scarf, and
iew gray hairs, are found near the body.
louheard the testimony of the witnesses who
Jaw anu plcAed up these articles, and what
has been urged by the counsel for the prison
eras showing doubt as to their identity; 1t is
Tor on 10 Judge and determine whether they
were found rs claimed. and whether the ones
produced here in Court are the same. If they
we're not found as described by the witnesses.
or il those produced here are not the same,
then the identity of the body, so far as it de-
pends on the finding or identification OF these
articles, fails. If you believe these articles
were found, and are those produced, then it
would be II circumstance tending to show that
the artificial teeth, the spectacles, the grey
hairs, the comb, the piece of scarf, belonged
10 the woman whose BODY was found.
From the testimony of the McFetridges, Sarah
Carr, and Others, it appears that Anne E. Moore,
or Elizabeth Stevenson who resided at Dean
spectacles, was partly grey, that she also owned
white wooleu scarf. On the witness stand
they TESTIFY, more or less positively, that they
recognize these articles picked up as hers One
OF them testifies to the spectacles, one glass of
which was loose and often fell out; one that
the artificial teeth had a broken one, which is
Indicated in the set found on the ground aud
spectacles, both by their general appearance
and because he once repaired them when bro
ken, and points out a small rivet put in by him.
1T IL proven hat,Elizabeth Stevenson left Phil
Hdelphia about the gath of January last. and
has not been seen since, Ir this was her body,
60 make me circumstance of the large track
pointing 10 Moore consistent with the TACT tha {
the body Is that OF a woman, but shortly before
resident OF +02 Dean street, Philadelphia some
+connectton must be established.
Another circumstance subsequent to the date
or the crime, IL is claimed points to Moore, and
shows the identity OF the body. After Moore 9
arrest, he gave to Mr.. J. J. Murphy, a merchant
Ecribcd Tyrone, No. s55s, - and asked Mr. MUIR
ply TO demand the baggage called for by that
Burgess Strayer, who demanded the baggage
from Mr. Nichols, agent AT Johnstown, aud he
teleg TO and received from Mr. Ewing
agent at Altoona, trunk with the correspond
ing strap check 1858. This trunk the agent de
nNered to Burgess Strayer, who tho next morn
ing opened IT, and testifies with more or les
positiveness to contents; You have heard tn,
testimony and seen what the Commonwealth
claims was in it when received by Burgess.
strayer. number OF articles of a woman
wearing apparel, some letters aud envelopes
several photographs OF persons, among them
that of Il woman. The track pointing to Moore
the person killed being woman-this check
S5sS being in Noore's possession so soon after
the body was found, calling for a trunk, which
on being examined, is found to contain proper
n ~ mainly that of woman, owner or W omar
. appearing, and the possession of the check BY
Moore not cNplaincd-points TO the woman who
whose bOny
To make this circumstance of any Importance
at al, some connection must be established
the body.
Leaving then the circumstances which occur
aiter the finding of the body, you viii turn youI
ALtention to those " hich preeede it, and which
clearly that the large track was Michael Moore
=, thHt the trunk for which the prisoner helC
me check 3S5s was Elizabeth Stevensou's, anC
mat the body found was hers.
IN Mhat We say concerning this evidence W.
100 nov pretend TO give it in detail. or in TIN
80 words OF the witnesses. Wesl q , only ad
vert 10 this evidence for the purpose OF calling
seems to have been treated as material. II W
omit to mention any material fact, or shoul
err in any statement, you who have heard a
the evidence carefully will remember an
supply or correct. The evidence is for you
and not for us-from it you must make u
1t appears from the evidence that about tn
the year 1883, the prisoner lived with a woman
whose maiden name Annie L. Boyle
whether married to her or not, she went b.
the name of Mrs. Moore; th"y lived in tn
wife by their neighbors, Some two years afte
commencing to live together, she appears tC
have left him. The neighbors do not appeal
70 know where she went, nor Is there any cvi
oence TO show that Moore knew. On the con
trary, there is evidence that he inquired n
Dit frlngle, year or two after. If he knew
Nhere the woman was. Nor is there any evi
Henc1 OF any comm unicatiOn between Moor,
And TINS woman up until the fall of IS7I-a pc
tlon o. sixteen years. In the meantime, as ap
psars IRON the testimony OF Father Garvey
Ho"IS' on the lst day Of February, 1864, wa.
IlArrled at JohnstOwn. in this county to on,
go fIaGssS 81 Connor, with whom so far as appear,
.Ioin In Ihc evidence, he lived up to the iall oil
winter OF 1871. BY this marrinre there was ,
ShiII or chiIdren and last fall the family re
si!eu al Mineral Point. in this county About
~ ~ IIine or before IT, Father Garvey received
r strlter or letters addressed to Moore at Johns
b.Nh IN MS care, which, as he testifies he de
.ae5ed 70 the prisoner, and one of which be
,St ~ 10 him-the one commencing My deal
t.,soand' and signed Annie L. Moore and be
tssSed s ISsted at Philadelphia. Father Garvey
~ ~ thAt AT the time he read this letter to him
SiUore denied that the writer was his wife and
.esed That the woman referred to was dead
SbsIs before, but that afterwards he admitted
~ vas MS wife and that he had been in Phil