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

re 1"nnet HUI Tragedy.
Trial OF Patrick a. Burns for the wu-.
0er OF Manus Patton.
o Ss:. Sot .ps rSl Sns,? ss?.r' 'f the
on Tuesday afternoon at O'Clock the
Tase oi the commonwealth rersus Patrick A.
burns, the constable of Gallitzip boronob
tnis county, against whom a sstrue bill' on
the charge of murder had been returned bv
.ne Trand Jury short time previous. The
lacts IN this case have elected such wide
spread attention and are endowed with so
great degree of i'm portance to the general
Puoic, that we have deemed it proper to
lay before our readers a full report of the
trial " '''o
COUNSEL.
Inc counsel for the Commonwealth were
Dlstrict Attorney Sechler, assisted by John
Fenion and s. s. Blair, Esqs The defence
was sustained by Messrs. johnson, Linton.
and Scanlan.
SELECTING THE JURY
After twenty-one names had been drawn
from the box, the following named gentle
men were chosen and duly sworn as
THE JURY.
Joseph Behe, James Shorthin.
11ieuenu FRESH, James a. Mckenzie,
ppthiinp ,Ihotnas, Israel Goughnour-
John s. Luther, VIM p Gooderham
Joseph Long, Joseph s. Nardis
'hiEr EICh OF THE CASE.
Some time last fall, a young man named
Francis Burk, a resident of Gallitzin. was
shot at n number of times IN that borough
but was not hurt. He imagined that one
ManuS Patton, resident of Tunnel Hill
or one or more of his associates were his
assailants, and swore out a warrant for the
arrest of Patton, Joseph Murphy, John Big
Ter, and John Smith on the charge of assault
with intent to kill. All of the defendants
except Bigler and Smith, immediately fled
of Eal,
following, at Argument Court, n process
was ordered to he issued TO the Sheriff for
the arrest of the defendants. Constable
Patrick A. Burns, o. Gallitzin, was depu-
ted to serve the warrant. Patton and Muir
ply returned to Tunnel Hill on or about
June 18th, last, and on the 10th day of that
month the constable. assisted by Michael
Fitzharris, burgess of GalitYin, undertook
to serve the warrant. They ascended the
HILL which is in the near neighborhood of
Gailitzin, some time that evening, and at
what is known as the Picnic House succeed
ed in arrestiug Murphy and Bigler.> Patton
was in the near neighb b'rhood at the time,
but attempted to effect has escape by run
ming. Constable Burns gave pursuit, aud
Patton refusing to stop when ordered, the
officer discharged three barrels of his re-
volver at the fugitive. One of the shots
took effect in Patton thigh and another in
his shoulder blade and the nature of these
com bined wounds was such that he lived
only very short time.
Smith was taken into custody the same
evening, and he and Murphy and Bigler were
brought hither that night, and were released
on bail for their appearance at the current
term of Court.
Constable Burns promptly surrendered
himselfinto the custody of Hon Il. j. Lloyc,
one of the Associate Judges, and on the
Wednesday following the occurrence of this
event was brought before his honor Judge
Dean on a writ of hdbeds corpus and released
in the sum of $4,000 bail.
THB OPENING.
At 4:45 o'clock the case was opened for
the Commonwealth by District Attorney
Sechler, who gave brief summary of the
facts expected TO be ELECTED by the prosecu-
tiou.
TESTIMONY FOR THE PROSECUTION.
JoHN B1GI.ER sworn,-i.ive on north eide OF
lived there in June last; Msnus Patton, Neil
Callahan. John Smay, John Murphy. and sew
erdl Others were sitiing on top OF Tunnel Hin,
OF the road, south of the Fair house; at half
past O'Clock Constable Burns and Nr. Fitz-
harris came up there by the back road some
one said. Here GENES your man;" ManUs was
standing up at the time; when they were 10 or
10 yards distant from him, Nanus started TO
Burns fired and Manus fell off the top of the
fence into the field; about midway in the field
Burns fired again, when Manus sang out, No
more of that; while running over another
Held thlrd snet was hfeu, anu Manus felt INTO
an aIey-way and lay there. l was arrested at
:he same time on the same Charge and went
down where hanuS was lylUX; FItzuGrrIs
asked Burns II he thought he was hurt Burns
said. No, he is only 'foxIng; Burns then re-
marked that we had better take hiul away, and
wanted me TO help. but | wouldn't; they then
dragged him down the lane distance OF about
40 yards; he never got 10 or spoke after saw
him there: while dragging HIM down the lane
met two women. VINO asked vino that was;
Burns replied that it was Manus Patton. The
distance between Burns aud Patton when the
latter started to run was from 10 to Is yards
when the first shot was fired they were about
10 yards apart; Patton ran about 20 yards be-
fore the second shot was hred, with Burns or
10 yards behind him; Patton was on top of the
fence when the third shot was fired, and Burns
was about yards from him at the time; Pat
ton ran slower after the trst shot than before
and about the same after the second shot This
was in Cambria county, some time in June last.
Patton was breathing when | saw him lying in
left before he was dead believe he was taken
home. While lying in the lane, he was exam
incd hy Burns and Fitzharris, who found
wound or hole in his shoulder; bioJd
his face and shirt; Burns and Fitzharris went
on =; left nobody TO watch him.
I1,,l<s-c Burns was constable at Gal
Iitzin at that time; he came on our party from
the side next Blair county; Joseph Murphy
saw him first, and said. There comes your
mani" Patton was standing up At the time and
ali the rest OF us were sitting down didn't hear
Burns say halt or stop After they Lad
crossed the fence Burns WAS between Patton
and me; it was after night-fall: Patton was II
stout active man. | was arrested on the same
w,rrant Fitzharris asked Burns whether he
had him 1meauing Pattonl; Burns was stand
ing over Patton whcn EItzharris and got there;
the body; / refused they caught him 10y the
shoulders and drag ged him some distance; they
held him up, his legs only touching the "a ound;
| walked alongside; they carried hun some iu
rsrds and tben went to get some means to take
him home, or possibly to the lookup. L was
81 TO Is yards distant from Patton at the third
nre in was not da rl. Could not positively tell
how much Burns gained on Patton; can only
pue.. at the distance; Patton was on tue fence
at the time of the first shot Burns mao 70 cross
the fence to pursue him. Patton probably ran
because he knew that Burns was q cOnstaDie
and had a warrant for his arrest.
In cAisf-Am positive that Burns gained on
Patton after the first fire the latter teii on the
fence into the field after the first fire; Burns
ditiD Z shoot the second time till Patton started
70 run again Could see from where L was
s,.nriinV down to the lame: Burns was bout 80
y1rd. distant from Murphy when the latter
said "there comes your man, fat'oD couid
not run very well after the hrst shot. was
arrest cd ut the time. but saw no warrant Tor
nv arrest: Mr.. FitZharris arrested me; saw no
srlant i'm the possession oe Nc. Burns
Iic-cToss- -erImiuod-Patton was at GaihtZin
for a couple OF days prior to this occurrence; ;
he mad been absent from the county SIX or seven
months before -hen. Mind when Burk was
Aafts abort = "a