The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1874-06-19

SHOT TO DEATH-A Ldmentdble Tragedy
at Tunnel HiU.-Manua Patton WAS enc Of
four brothers who lived south east of what
is known a. Tunnel Hill, which is immedi-
ately east of Gallitzin, on the Pa. r R.. in
this county. He was a coal miner by occu-
patton and young man of fine personal ap-
pSaranCs and more than ordinary intslli-
gence. Some time during September or
October last, young man by tho name Of
Francis Burke, then and now = resident Of
GSllitzia, was Sd OF at, on q very dark night,
in front of Christy's store, in that place, but
by mere misChanCe, or = false aim, was
not struck by the bullet. Burke, believed
that Patton, or one of his friends and asso-
ciates, was the guilty party in this assault on
his person with intent to kill. Whether
there had previously existed ANY i'll feeling
between Burke and Patton We are not in
formed. At the last December Sessions 4
true bill for assault with intent to kill
Burke WAS found by the Grand Jury against
Patton and six others, among whom wore
Joseph Murphy, John Bisler and John
Smith. All the defendants except Bigle
snd smith both Of whom are young and
spectably connected, fled from the county,
and on the 10th of February last, al the Ar
gument Court, process was ordered to DO
issued to the Sheriff FOR the arrest of the
defendants. Sheriff Baumer deputed Pa
trick A. Burns, who is tho constable of Gal
litziu, TO execute il. Patton and Murphy,
who had been abseut since December, re-
turned to Tunnel Hill on Yesterday week.
=
fact WAS determined 70 arrest them if it was
possible to do so. On last Monday evening
betwesn and o'clock hs and Mr.. Michael
FitzhSrris, the Burgess of GaliItzIn, went
up on ths hill to or near the Picnic hOuse,
as it is called, and arrested Murphy and
BiElsr. Patton vSE there with several
others, and when he discovered that tho
constable was about to arrest him, started
to run, Burns pursuing him short distance
and firing his revolver at him. Patton con-
tiuued on with Burns still in pursuit, when
the latter fred a second shot and then, At a
distance of forty yards, third one, the last
taking effect in Pattons lett side below or
hack Of his shoulder blade. The wound was
mortal and Patton lived but few minutes.
The first shot, it seems had wounded Pat
ton below the knee. Burns brought Muir
phy. Biglor and Smith, the latter having
been arrested AZ Gallitzin the same evening,
to iail by the train on Monday night, and
on the next morning surrendered himself
into the custody of Hon. r. J. Lloyd, one of
the Associate Judges and employ ed X. l..
Johnston, Esq, as his counsel. Judge Dean
came hero on Wednesday &ud heard the
case on a writ of hdbedg corpus, and after
listening to the testimony Of several wit
nesses who were present at the unfortunate
affair permitted Mr.. Burns to enter bail in
the sum of SO 900, with sufficient sureties,
for his appearance al the SeptS III her sessions.
The security was promptly furnished and
Mr. Burns was discharged from custody.
This tragedy in al its bearings Is a most
melancholy affair and deeply 10 be regretted
Mr.. Burns is man of most excellent char
acter as a peaceable and exemplary citizen,
and will claim before jury that be was
fully protected by the law in what he dds
We do not of course undertake to express
any opinion on the legal question at issue
1t is proper to state here that Murphy,
Bipler and Smith were released from jail on
Tuesday by entering into recOgnizances to
appear at the next Court of Quarter Ses-
slOns.