The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1876-10-28

L
IT don't Know" and when he passed me ne sn'd
sOmetbing about man being KILLED .
Charles Powell was Cnl ed but proved nothing
more Is ln Campbell had been refused brenst
Janius Kcrrgnn swoln: am acquainted with
Jonn Donohue ana Mat, DOnohue and also
Alecx Campbell ! diO'nt know Tom tisher or
e. II McItrHh / knew Pnt McKenna L dlu
not be Ong TO the Ancient order OF Biberuians
when Powell was shot: IOnel ate Campbell
NOV d TO Iniraqua ABOUT year after JDl1cu
/ hBo q couple OF CONGREGATIONS with Campbell
day when John and Mat. DOnoiue were there,
Mat allowed that II was the hardest tramp ever
he pax anq John sad GaoS 80 sbO was Sen n Capbe Ca
tDld me one OaY t0rt he had bern refused
breast by Morgan Powell who told hiw that he
was n gree1htrn aid might get Killed IN a
breast, and Campbell snid by I-s he wasn't
much OF Il grtenhOrn As he was BODY .master at
rest 10 shoot Powell he told me that he we
up to tine window and Jaw Powell IN me store,
and Jack Dononue wanted to shoot Powe
through the window and that he Wouldn't let
him because he was afra0 he wouldn't maze
sure shot he said that Powell came cut or lhe
store with small boy Dy me hanI, aho I Ihat
valKed up TO Powell, and that DOnohue snOt
him he said that he was the big man int
they Thought was Breslin. and that Donohue
had been taken Tor Gildea; on the way out Of
the road Campbell SAID that thev had fallen
over truck aud that they hau met two men
one OF tnem named Welsh, and that he Camp
belD had "A revOyer in his hand and would nave
shot We.sh only they Thought he wouldn't
kuubAl kAlO Unhb HlltE IOWoll WIS
smOt he tlampbelll ran back to see him, aud
ed HIM IN ihe store II lie knew who shot him
DOnOllue allowed that he didn't see by camp
bel ai,fnt shoot Powell himself as he wac on
the OF Campbell said that DJnohue neen'ht
grumblr us he rot all his whisbeV tor nothing,
but that he Thought yellow Jack" SHOULDN'T
bring such big crowd with hln ; / saw Aleck
COmDDell dressed ln n iOng erCOIt at the boll
H. Mrs McHugh's IN Tamaqua
keTTlgHn underwent q lengGhv cross question
ing UuU told nothing fresh except that he men
TUNED Tor the tfveenth lime that the trst lntl;
NATION received. by hiD Of tng criminal
cha aCter OF the Ancient OOrder of BiberDians
was wnen SlatteTy pald Aleck Campbell twenty
dollars to burn down O'Ha-e sto'e, following
tlat up uY 'shel ing out" t1fteen dollars more on
condlt on that Barney would be well shaken
ATE taEen.
Miss G. Powell, Barney MoHugh and Mrs;
Bridget Matthew'S we're next put upon the SAND
but revealed not ing of mpOItane6.
Iames McParlan sworn: became acquainted
with AieCk Campbell, Tom Fisher Pat. Nc
Keuna John DOnOhue, and Mat Oonohue and
found them to be members of thf Ancient Orler
OF HiUcrnana, ] went 10 James CariOrs ~ Td'
maQua anu met JOhu DonOhue, who told me-
that lie had done clean jVO at Summit Hill:
said had heard about IL, though hadn,t lie
Bald that lie had gone to summit llll with TWO
other men whose names he wouldn't tell, anu
that ho had shot Powell, and then laid down IN
the push until til ngs were quiet a'd then went
home, and chat nothing was heard OF IL after.
warO: met Donohue at several conventions I
met HIM ut 1ahsuOy City At convention, aud
at tiiiardV.l Q. md at Pottsvlle. ana at rama
qua when reserved lhls Information from
Duuobue had no instructions TO WORK up the
MoIpan Powell murder.
James McHugb sworn; I've lived at Summit
Hill since l547; l was at SweeneN's on the night
tpat Powell was Killed; there was quiTrel
there between John O'Neill and Pat, hcKenna,
ell was III liquor, but Pat NcKenna want
cd TO b we nothing TO do VITA him. and hen
Phil smith put in his Jaw; 1 never saw the
prisoner before to my knowledge; ! saw Coz
menus Mcliugh there and Pat. Ackenna; Fish
eI and Campbell might have been there but
dld'nt see them when L went on the sto0D
heard shot and man cry I'm shot" then
null / where
The sound Of the shot came and iOunG the peo:
pie and the dociar ground Morgan Powell ana
that IL all know aUOut 1t.
Robert B. McCreadY Pat. Breslin, and John
Thomas were called Dy the commOnweal h, but
neither Of them answered. whercupon the court
ordered the defense to proceed.
Mr. Raysher said that the defense would make
10 formal opening. and In addition mentioned
that the prisoner had no testimony 10 offer. ex'
cept that agreed upon Dyhimself and colleagues
aud the officers of the commonwealth. LIE theI
read the following paper
Common wealth vs.. John Donobue Indict
ment nur1er
The defense propose to prove by DR.. Jenkins
J that the prisoners brother was sick In NOyen
Der, 1871, in Bedford county. where Dr. Jenkins
| also resIded ana TINT because the prisoner
| brother hai more confidence in DR.. Dononue o
| summit Hill. with whom he was well acqualn
| ted the prisoners brother WAS examined bN Or
| jenkins and a letter containing the result
| the examination was seut 10 tine prisoner ~
the purpose OF procurng q prescliotloni Iron
| brother.
1t is agreed that II Dr. Jenkins was in cour
| he wDu!d testify ae aUove g. ated. This agree
ment is to extend to the present trial and 10
| no other purpose or time and fOr-nO other puI
pose OF time anu to Obviate the necessity OF th
prisoner producing DR.. JENKINS III court al In
f, R. S EwERs, District Attorney.
| october 49, 1876
The following was slso admitted
| "The defense propose to IrOVe pY Dr. Dono
| hue th u Jle prisoner called upon Dr Donohu
| at summit Hill on the I'd of Decembe 1871 wit
| IA lptT from l1I. jenkins for a DreSGTlDtlOO 10
the prisoners brother in Bedford county an
that Dr. DOnohue wrote him the prescIiptio
with tins both sides closed. Mr. f. r. slew
ers then addressed the jury on the part OF tn
Commonwealth, and was followed by Mr.. Nee
han for the prl oner, when court al Jurned III
TUESDAY October Alt being generally III
derstOOd that Messrs. Rapsher, OH the part {
the defense, and Hughes on the part OF III
Commonwealth were 20 maze the closing plea
the court room was well flied b, an expectau
audience tumOng whom were many iadlesl u
an cary hour Mucn CURIOSITY existed as
the manner III which Mr.. Rap5her, the seniO
counsel OF pr, ,oner would denver himsGi!, ~ !
mad not often figured IN trlals Of the Kind b'
fore.
yersatiOp DetWoen her and her unfortunate hu
banG qnIte animated AT half past 9O'cOck NJ
Rapsher Oegins. and for over an hour keeps IN
undivided attention OF CourtJury ana audienc
Nv his mastery plea. IndaeJ the speaker su
passed both himself aud the expectations
most sanguine admirers. Having no facts
| uNbli upon III T0lutatlOn Oi Ine CH' 'Ise, ms pie
was prfncipa ly devoted to passionate Appeals
the feehngs, and well calculated 70 arouse pr
1ndice favorable 10 his client, IN the minds
1uro \, Iu conclusion he cautions them against
, preclpitate decision. ard, referring 10 The we
remembered Arrangement or Pat Glldea Tor III
same Otiense assel ts that " II the same state
! feeling had existed at the inns he was trlt
which now exists his body would long sinG
!. have been mOuldering IN the tomb"
AT precisely / 80 Mr. Hughes opened his clio
! ing address Of the prosecution by cOmpimentn
the eioQuence and zeal OF the Last spenker, Ul
heI Q hls cOII tesy ends, as from then unto u
close ot hls address he continues most lndusll
: ousIy employ I'd demOllshing the any castles,
: laDOrtOusy constructed by his predecessor, Al
> when he subsidized not n theory, assertion. or u
; lural inference Is left uurefuted The deem
a is vanguished AT li.SO court au1Oufheu UNI
2 D IN when Hon, $. >. Dr-hef btgun his on
: mann, impartIn. charge TO The jury, aud al /
close at Q rs p.u. the jury retire lOf denbefhllt
. upon a verdict. In hopes OI an cary rendlut
OF the same Court renamed Ill Session unll 8.
| when tney adjourned suUJec, u Tue call OF VI
| iury The court room IL sUOn deserted ulln
= | issC but lew persons DeVond the prisoner an
: his guards ars in ut, enhance
y A ltCle after O'Clock The ringing OF the Goa
| Honav he'll announces to the good people
: Mauuh Chunk GnaJ the jury have agreed, ana
? | n very few minutes the court room Is dense
uacAed There Is q hum as the jury enter,
| directly gll Is quite until after the what 81
y | you gentlemen etc" Of the clerk ls answered
= | the foreman Oy guilty OF murder IN the III
q ! degree when there IL another percepu0le stlr
a a the uuGionee The Jurors are then p0lled ea
. one in succession answering that ne inds Jol
= | DonOhue the prisoner vt the bar guilty
!. | murdeI IN the Hrst degree" DurIng all thS U
I, | prisoner Detrays no emotion. nor d'Q t9e hu'
\ | ence appear surprised s.nee nothing short %