The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-05-14
THE RArrxRTy CASE.

~ Our readers will remember the cir.
cum.iance of Thps, Payne $ mllbciug
burned down in August uf 1871, also
shat some time ags James Rafferty,
vas nrrested for the oftnee. The ac.
!. count of tho trial which came on last
i week, We copy from The Clarion lie.
: publican. Rafferty, got FIVE years in
the Western Penitentiary: asst
On Friday Of hast week James Rsf
fsrty citizen OF Washington town.
= sl,ip in this County, was sentenced to
4 the Penitentiary for a period Of fve
= years, charged with barl.ing The saw
mill nf -'fh0s. Payne in Isrmingion
township. in the month If August
q 1871. The case was one flat created
considerable of Interest, and quite an
excitement prevailed on accounl of it.
!. On the part of the Commonwealth il
was shown that the NIL was burned
on the morning Of the 23d Of Au. u.
i. 1871. and along with it was 100000
feet of pine lumber That ON the ev-
euing Of the 22d of August the mill
shut down at 6 p. M, and that the
, fire had died uut in the engine room
and that the wind had been blowing
trum the direction in which the boards
we're piled. The fire was discover d
bsslbout two 'clock in The morning and
when seen was blazing through the
roof of the beard piles and four or
live piles seemed to be on fire. II
q also ppeared in evidence that on the
might Of The burning man coming
from the direction of The mill came
within a SHIRT distance nf some coon
hunters, and on discovering them
turned away abruptly in another di-
T., rectisn and soon after they saw the
! fire. Evidence WAS aldnced showing
!. that some time previously Pay1e and
-.Raffcrty bad qaarreled ami tina;
=. RAFFERTY, receiving the worst OF the
= battle had sworn to be reyenged
!. Ehreais made by Rafferty, were given
In eyldense,a gang 10 Shuw that he
had meditated something of the kind.
DECLARATIONS such AS "he would burn
81 him Payne out OF hodse aud home
were given in evidence, and also after
the FIRE shat one little match had
~ made big pile Of ashes" One OF
the defendants children was called
s. and testified that She mad hear., her
= father say that he would bHrn Payne's
e. mill. 'A.tE i)4l1
'-a On the part Of the defence an effort
WAS made to pruye an aiibi john Er.
a. rett of Nenaigo county was called
. who testified that IN lhe month OF
81 August lS7 /, Rafferty, and his son
a. stayed one night with biRr. sleeping
g 7in the barn, ami got lhair brea fast
sAI there the llext morning; bot was un-
q able 70 fix the date Uf The month
20. Michael Rafferty, the SON of the de
iendaut fixed tue time tkey uNere al
S. Errells ashsr'g gl she night pf tho
Va 22dG and Athat his father aud him
6laslepti in Erretls barn. The defendant
o Was also called as = Yilness, and ties
.lusfi6ed substantially that he had SLEPT
sd IN Errelss harm tho night ,of the fire
sLaaBd lhAtpR that day lie had hauled
boards from Elsisons mill at. rCentor,
ffu,Nille, and that ~, tbs 23d be had
fi,1 weptl from. Errsttss 70 EliisPps mill o.
a ba in arebHll9g aips J eYmmpnwealtt
s,s proved that Istfsrty apd bis son hat
s.rbath- been seen on The evening" OF th'
qsg .22d near Fryburg on their way hora'
from CenlerNlle, and that they wer,
unworthy Of belief The case wa'
-Volatly rargued for the commonwealth
s9aHv Hon. Jas. canbei and Col. j. B
~ 4fnox, and on the part Of the defenc'
by Hon. I. G. GoriOn The juf,
were oat less ,hsp ap hour when the!