The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1874-09-11

60 TO run, when he jumped the fence and ran
second shot was fired Manus said, '.Th is
enough OF that" don't know where he was
tinctly; don't know where either of them was
w when zen the last shot was fired; didn't go down
hst 10 me iaae; saw Manus at church the Sunday
oeIore' DION L see burns.
III, sgs.sramined-was pretty weil acquainted
not very active. Knew burns Was cnp.;,abie
of Gallit1ir- Patton was standing up at the
sayI'shere comes your man hoard in Eppmy Rpaiy
county; SO did Patton at the time. Picnic
pat poqse is 800 yards from the Blair county line.
gained on Patton by taking a shorter route
was not talking TO Patton when Burns came up.
The hour of o'clock having arrived, the
jury was placed in charge of two officers
with instructions that no communication
between themselves and others should be
had, and the Cohrt adjourned until Q clock
next morning.
WEDNESDAYS PROCEEDINGS.
Court convened at 6. clock, A. NJ.
JOHN MURPHY called aud sworn.-was at
tunnel Hill on the occasion of the shooting.
Burns is a car inspector, and inspected cars
about O'clock in the evening; the Fair house
inspected heard Burns say to Patton, you re
too late, or you're not off; - Patton was alb
sent from Gallitzin from the time of the Burk
shooting case up to within few days OF his
death It was not quite dark that evening.
Gallitzin at 20 minutes of O'Clock THE rest
of the evidence of this witness was simply cor
ii
PATRIck RILEY and JOHN CALLAHAN were
called and sworn, but their testimony revealed
ANTHONY MCUE sworn.-Saw Patton the
Wednesday before the killing; saw the body of
with it except his brother John and myself;
afterwards Burns came asked him why they
hill he said that he had come to take him dead
or tt aiipe, p, ana was going to do il; helped TO
quarter of a mile away. or thereabout
JOHN PATTON IA brother OF Nanus Patton).
sworn.-Found the body of my brother in the
lane after he had been shot: he was lying about
half way down the lane: he dead he was
Gown hill, and his coat off and pulled across his
breast ; saw Manus at the Tunnel Hill from the
was at church the sunday before he was Killed;
saw Burns at church the same day, at about
lu54 o clock in the morning.
Cross mined-Manus III ed in Blair county:
he slept at his mothers house every night after
he came back, except the first night, when he
slept at Antony McCues hotel
JOHN MURPHY recailed.-(Hap of locality
shown. Identified correct, aud accepted as
JAMES KEENAN, sworn--Live in Gallitzin; on
Saturday evening before the killing was talk
ing with Burns on Tunnel Hill Patton and
Gallagher passed down the hill; Burns asked
me who they were; told him, when he said they
had better keep CLOSE quarters; shortly after
wards told Patton what Burns had sad told il
out loud, so that all might hear, this in the
neighhorhood OF the Fair grounds.
JOHS BiGL.R recaied.-Had a conversation
with Burns about month after the writ OF
tabeds corpus had been applied for in his case
AMI he had been released on bail; he said to me
tha. what swore to on that hearing was true;
/ then swore that Burns dad not coutnunl Pat
ton to halt.
The Commonwe here rested.
THE Defense.
The case for the defense was opened by
Col. John p. Linton, who briefly Indicated
the character of the testimony that would
be adduced in yindication of the defendant.
The record in the case of the Common
wealth rerSlLs Manus Patton and others, L.
NJ
assault with intent TO kill, was offered in
evidence. The Quarter Sessions docket of
Cambria county having a bearing the
foregoing case, and the process for the
rest of The accused, were also in evidence.
HERMAN BAUNER sworn-Am Sheriff of Cam
bris county. Crhe warrant deputiZing CoHsta-
BILE Burns to arrest NJ mus Patton aud others,
Gesrsed fes1 as aforesaid were shown and idenh-
MICHAEI. FIrzHARRIs sworn.-Live in Gal
litzin; am burgess of that borough. Crhfs wit
mes. testified that he rccei. ed the process for
the arrest of Patton and others from Tn. hands
Consiabe Burns, Vas resent when Sinnse ahe aT 70
rest wus made; Burns wits Il car Inspector: a
train arrived at Gaiitzin at s.2i O'Clock that
Monday evening he inspected the wheels ;
shortly afterwards ne and went up to Tunnel
Hill; at the cast end of the Fair house met Ed.
Patton; said good evening" aud walked on :;
found a crowd sitting the road remark ed
to Burns that that was pretty large crowd :;
recognized Munus Patton amon2s them: when
We ad vanced. he ran in sontheriy direction;
Burns said, "Manus- you re too late-stop,' as
Nanus jumped over the fence Burns fired a pis-
tol; Burns also jumped over the fence; Patton
was then % or 30 yards ahead, and apparently
gaining ground: after the two had run some
distance heard another shot; heard the third
shot hut couldn't recognize the parties across
the field: then balooed 10 Burns, Have you
got him p adding, Il will be around there in
minute - meantime had arrested one OF the
other parties. | then went to the alIcy when
| got there, asked If Nanus was hurt Burns
said he thought he wasn't hurt much; we rails
ed him and examined him; found blood on him;
Burns took hold of one arm and of toe other,
and we carried him about 100 feet. VII eli, ind
3. ts hit Afakn
for a board tried to carry him on that; n large
crowd had by this tune assem- bled; l said 1t
w hat best to bc dune; afterwards allow
cd them to take him home, with the under
be held inside Cambria county; this about
O'Clock at night. Draft of locality shown, and
mel Hill explainedD. 1t was a dark night ;there
was no moon after the shooting, hsard Pat
burns replied, its done now ana cannot 6e
helped hemem5er the AT attempt ts 10 M shoot cot Burk
county shortly after that a flair
Cross-ertmined- d-Burns deputizcd me TO go
along with him to Tunnel Hill and assist him
In arresting Patton; he said we might iind
him up al the Fair house
In chisf-I}urns and Patton were personally
acquainted never knew OF any difficulty
isting between them.
PETER RISBiN sworn-h new ration; saw
him twice after his return saw him that Mon
day evening; told him that there was war
rant out Tor him said he knew it-that Burns
had sent him word to that effect.
PATRICK SMITH swOrn--Saw Patton the Sum
day before his death told him | derstOoi
there was a warrant for his arrest i'm the hands
OF the constable; he said he knew that was So,
and added that he thought Burns wouldn't
shoot him and couldn't run him down.
Crosse fniiued-Hcard on Saturday evening
that there was a warrant for Patrons arrest.
In chicf-(rhe defence proposed to put in evil
dencc that on the night before the alleged muir
der the deceased stated TO witness on being
Informed that warrant for his arrest was in
the hands of the constable that he could run
faster than the constable, and that he ddn'
think the constable would shoot him, and that
- Vt rnO
the killing, witness com mu nicated this conver-
sation the constable Ruled out by the Court
and bill of exceptions hledb-
PATRICK KEENAN, sworn.-Was at the Fair
ground that Monday evening; saw Patton be-
tween and O'Clock; think Joseph Murphy
was with him
MICn'L FITZHARRrs recaIed.-(Orart of the
localities referred to in the testimony submit
ted and sworn to as being corectD
wM. X. SECHLER. ESQ., District Attorney,
sworn.-Ou the morning of the 18th OF June
last, | was called on by Mr. Burns; was called
on in the capacity of a public official :; Burns
said that while attempting to arrest Patton ne
had shot the latter; he desired to surrender
himself to the law. providing he had done any
tfr