The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-06-08
IN THE SHADOW OF THE sGAFFOLD,
Trial Of Michael Moore Tor the Muir
der Of his Wife.
The First Links in the Chain of Evidence.
FINDING OF THE DEAD BODY.
The Tracks I'm the Snow and the Scene
of the Death Struggle.
A PARTIAL REPORT OF THE TESTIMONY
THUS FAR ELECTED.
[Reported bv CIV Easlv- ESQ

man Gil iasI, We puDilSueQ tho DETAILS OF n most
brutal murder which was perpetratsd in the
vicinity of a small village known as Mineral
folHt, located on the line of the Pa R.
distant about seven miles east of JohnstoTn
1t is unnecessary here 10 recall the particulars
OF this most fiendsh crime Suffice il to s.y
THAT Michael Nosre, who resided about one,
half mile east of Mineral Point, was strongly
suspected of being the perpetrator of the shock
ing tragedy, and on that suspicien he was speed
ny arrested and committed TO Jail in this place.
he 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 mutilatsd beyond
Identification OF the suspected murderer-the
theory being that he had went to a distant city,
where she resided. and under pretence of tak>
ing her once more to his home and his bosom
had induced her to accompany him even into
that dark and lonely mountain gorge where the
Isbtiui deed of blood was so fiendishly perpe-
trated Hence it is that Michael Moore stands
to-day within the shadow of the gsllows. ard
hence Is IL that we present as fully as need be
all the premilinares of his trial and the facts
ELECTED from tue 8 .mouy up 10 the latest pcs
sihle hour on Friday.
THE COUNSEL.
The District Attorney of this county, VIM
II Sechler, Esq, assisted by F. P Tiernsy,
Esq, represents the Commonwealth ir this
case, and A kopelin and J Z. Linton, Esqs
appear for the defence
TIE ACCUSED
Michael Moore is a man of rather muscular
frame, POSSESSES 4 somewhat forbidding cas-:
of cOuntenance, and is about As years of age
During tue three months that he has been in
carceTated in Jail lie has apparently lost little
flesh, but is evidently not self-reliaut as he
at the time Of his arrest and subsequent
committal.
TRUE BILL FOUND.
IN the Court of Oycr and Terminer of Cambria
Gotnty, June Term, 1872, before Hon. JOHN
DEAN, President Judge, and Hons. r. j. LLOYD
and 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 : O'Clock OIL Wednesday morning he was
brought into Court for arraigumeut. At the
request of his counsel the Court direct ed the
manscles to be removed from his wrists, and
they then presented the following
REASoSs FOR OF ASKING THE IND CTMEST.
lst. That he Was denied or not given u pre>
liminary hearing before the finding Of the bill
of indc cment against him and upon which he
is;c"lled to be tried.
2d- The prisoner claims the right to chaI>
lenge the Grand Jury before which and by
whom the indictment is present ed and found
and upon which he is proposed to be tried
Sd. That the Grand Jury by whom the in
dietment was 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 OF fixed by
the Court prior 10 the first term OF Court in
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 Jury
Commissioners to empanel the said Grand J ury
hird, That ths wheel from which the ssi6
Grand Jury was drawn was not kept in the
possession of the Jury Commandment aud the
key thereof ill the custody of the Sheriff, as di~
rected by law.
Fourth, 1t does net appear from the return
that the jurors were legally drawn.
Fifth, Ihatthe bill itself appears to be sigre
as true bill by TWO distinct aud separate
Forenen.
TESTIMONY on THESE POINTS
On the motion to Quash by reason of the
informality Of not designating the number of
jurors TO be placed i'll the wheel when the venire
was ordered, Thomas Davis, one of the Jury
Commissioners was sworn, and testified that
he was elected in October, 1870, a Jury Com
missioner. On the 9Th of January last the
filling of the wheel was commenced Nv
recollection is that we placed 756 names in the
wheel. | understood the number remaining in
the wheel should be sufficient for one full jury
after the drawing, for all the regular terms for
that year. These names selected as
directed by the Act of Assembly.
In answer to question by Mr.. Linton, Mr.
DAVIS stated that he was not certain whether
1t was the assessment list or the election returns
| from which the names were taken. We had
no no order OF the Court designating the number
oil names TO be placed in the wheel We keen
| no Official records of our transactions az ] ury
| Commissioners, except filing our Osths. MIR
Skelly is my colleague. We selected names
alternately, and agreed upon that they should
/ 60 in. We occupied the Grand Jury room in
! performance of this duty.
in n
! After filling the wheel it was taken by tC
the Sheriffs office. Ii IN his Office when
| last saw it. We have no Office Jury
Commissioners. / can designate the parIicu-
lar seals on the jury wheel which we put Oh
after sealing it 70.
And ON the motion to quash because of the
jury heel not having been kept in possession
OF the Jury Commissioner and the key in the
custody of the Sheriff, the counsel for the
prisoner called W. b Bonacker, Esq, who wa:
sworn, and testified as follows | am sheriff o
Cambria county; the jury wheel is in the
Sheriff Office at the present time; it has beer
there since | have been Sheriff, except when
the Jury Commissioners take it to the jury
room to place jurors names in 1t. have beer
Sheriff since December, 1870. The Office
spoke of is the one furnished by the county IL
which my business Sheriff rs transacted
keep key, and my deputy also has one. Ih'
jury wheel OF this county has not been out o.
NV pOoScssiOn sluCc my ptSoeSSsSoA ASHNSN .
over TO me.
Answer to questions by Commonwealth
counsel To the best of my knowledge thu
jury commissioners placed the uneei in my pos
session. lAnswsr to question by the Court
unlocked the wheel for them, and whsI
filled would lock it again and return II Il
my Office. | think the wheel was in the ofhc'
when took possession at the drawing oil th'
! jury the wheel is not taken out OF the ONCE
! il is at time of filing the wheel.
Court adjourned al Ii O'Clock A. to enaol'
counsel to bring in their authorities touching
the above reasons.
AFTERNOON SESSION.
Court convened at o clock. The counse
for the Commonw lth proceeded TO cite
lumber of authorities iIh the view OF contro
verting the reasons offered by prisoners coun
sci for quashing the indictment. The ~arran
for the arrest of Michael Moore. and the coro
ner inquisition also offered in evidence
The authorities relied upon by counsel 10
the prisoner to sustain their positions taken 10