The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-06-15
III THB SHADOW OF THE SCAFF0LD
Trial of Michael Moore Tor the MIR
der Of his Wife.
'uII Report of Evidence, Verdict, &C.
LReported by CIV. Easily, Esa-1

Point, located on the line of the Pa. r. r.
distant about seven miles cast of Johnsto gn
1t is unnecessary here 10 recall the particulars
of this most fendIsh crime. Suffice tito say
that Michael Moore, who resided about one
half mile east of Mineral Point, was strongly
suspected OF being the perpetrator of the shock
ing ragedy, and on that suspicion he was speed
lily arrested and committed to Jail in this place
The same intuition which led to the fixing of
the crime upon Moore impressed upon all minds
the iEdelible belief that the unfortunate victim
was the wife, or rather one of the wives (for
the remains were burned and mutilated beyond
identhcatiOn) of the suspected murderer-the
theory being that be had vent to a distant city
where she resided. and under pretence of taks
ing her once more to his home and his bosom
had induced her to accompany him even iuto
that dark and lonely mountain gorge where the
ri=httul deed of blood was so fendishly perpe-
trated. Hence 1t is that Michael Moore stands
to-day within the shadow of the gallows ard
hence 1t is that we present fully need be
all the premilinares of his trial and the facts
elected from the testimony up TO the latest pos
sble hour on Friday.
THE COUNSEL.
The District Attorney of this county, VIM
II Sechler, Esq, assisted by F. Tiernev
Esq, represents the COmmonw eulth il. this
case, and A. kope!in and j Z. Linton, Esqs..
appear for the defence
THE ACCUSED.
Michael Moore Is man of rather muscular
frame, possesses a somewhat forbidding cas-:
of countenance, and is about 45 years of age
During the three months that he has been inS
carcerated in Jail he has apparently lost little
flesh, but is evidently not as self-reliant as he
was at tke time of his arrest and subsequent
committal.
TRUE BILL FOUND.
In the Court of Oyer and Termtner of Cambria
COUllty, June Term, 1872, bef1e Hon. JOHN
DEAN, President Judge, and Hons. II. j. LLOYD
aud JOHN FLANAGAN, Associates.
On Tuesday afternoon of this week the
Grand Jury found true bill against Moore
the indictment charging him with murder and
at 8 O'Clock W Wednesday morning he was
brought into Court for arraignment. At the
request of his counsel the Court directed the
manacles to be removed from his wrists and
they then presented the following
REASONS FOR QU ASKING THE INDICTMENT.
lst. That he vas denied not given a pres
liminary hearing before the finding of the bill
of Indictment against him, and upon which he
isjcalled to be tried.
I'd. The prisoner claims the right to chal-
lenge the Grand Jury before which and by
whom the Indictment is presented and found,
and upon which he is proposed to be tried
Sd. That the Grand Jury by whom the in
dictment found. and returned against the
prisoner was not drawn and selected according
TO lawn this:
First. That The number of jurors to be select
ed and placed i'll the wheel was rot fixed by
the year 1872, as the law authorizes.
Second. That there was no order or precept
of the said Court or of two of the Judges in
vacation, commanding the Sheriff and J ury
Commissioners to empanel the said Grand j Jury.
Third, That the wheel from which the saiG
Grand Jury was drawn was not kept in the
possession of the Jury Commissioners a.d the
key thereof in the custody OF the Sheriff, di
rected by law.
Fourth, 1t does not appear from the return
that the jurors we're legally drawn.
Filth, ! Ia the bill itself appears to be sigEed
as true bill 10y TWO distinct aud separate
Foremen.
TESTIMONY ON THESE POINTS
On the motion to quash by reason of the
intormality of not designating the number of
jurors to be placed III the Wheel when the venire
was ordered, Thomas Davis, one of the jury
commissioners sworn, and testified that
he was elected in October, 1870, a ury Com
missioner. On the 9th of january last the
filling of the wheel was commenced Ny
recollection is that we placed $50 names in the
wheel. | understood the number remaining in
the wheel should be sufficient for full jury
after the drawing, for all the regular terms for
that year Thee names selected as
directed bv the Act of Assembly
In answer to question by MIR. Linton, Mir.
Davis stated that be not certain whether
it was the assessment list the election returns
from which the names were ia KEN W had
of names to be placed in the wheel. We keep
no official records of our transactions as Jury
Commissioners. except filing our Oaths. Mr..
Skelly is my colleag que. We selected names
alternately, and agreed upon that they should
go in. We occupied the Grand Jury room in
performance of this duty.
We got the wheel in the Sherifs office.
After filling the wheel it was taken by us to
tue Sheriff office. 1t was in his office when
| last saw it. We have no Office as Jury
Commissioners. l can designate the particu-
lar seals on the jury wheel which We put on
alter sealing it GO.
And on the motion to quash because of the
jury wheel not having been kept in possession
OF the Jury Commissioners and the key in the
custody OF the Sheriff, the counsel for the
prisoner called W. B Bonacker, Esq, who was
sworn, and testified as follows L am sheriff OF
Cambria county /; the jury wheel IS In the
Sheriff Office at the present time IL mas oeen
there since l have been Sheriff. except when
the Jury Commissioners take it to the jury
room To place jurors names in it. l have been
Sheriff since December, 1870. The ofhce
spoke of is the one furnished by the county III
which my business Sheriff Is transacted:
keep a key, and my deputy also has one ne
jury wheel OF this county has not been out OF
my possession since my predecessor handed 1t
over to me.
Answer to questions by Commonwealth's
counsel To the best OF my know ledge the
jury commissioners placed the wneei In my pos
session. Answer to question by the Court
| unlocked the wheel for them, and when
filled would lock it again and return II to
my office. l think the wheel was in the Office
when took possession at the drawing OF the
jury the wheel is not taken out OF the ottce ;
1t Is at time of filling the wheel
Court adjourned a. / O'Clock A. N to enable
counsel TO bring in their authorities touching
the above reasons
AFTERNOON SESSION.
Court convened at o'clock. The counsel
for the Commonwealth proceeded to cite
number OF authorities with the view of contro-
verting the reasons offered by prisoners coun !,
sci for quashing the indictment. The warrant
for the arrest OF Michael Moore, and the coro-