The daily gazette., 1876-08-22
FIRST ,naEDLTlON
Etel DsssaesEsRsaiips Anaf,..

- n
Etei Des1asss=Rhaitps Anais.. /,
DowNRY HAS 4 HEARING BEFORE ESQ.
PUBL, AND HE'S HELD UNDER BAIL
TO KERP 1HB PEACE ie9 a-lst
Before Squire Publ, yesterday mora
ing. Yves 70 have been heard The cSss
pf Edward and lanes Downey charged
with attempting to shoot Thos. w.
Phillips. but as none Of the parties sp-
pe6fed 6t the appointed hour, II was
supposed the case had been dropped.
Yesterday afternoon. however, / o.
clock, Phillips, accompanied by his
witnesses, appeared In Squire Pulls
office. and Edward Downey, one of the
accused, was also present. John
Downey, his brother did not appear,
Constable Whiteman stating that he
had gone to Philadelphia. y
Thomas W. Phillips, the plaintiff,
being sworn. testified Edward Dow
ney has made threats against me, and
/ am satisfied he Is one of the parties
who tried to shoot me on Thursday
night last. saw some one by the
flash OF the gun when il was discharged
at me; they were in the cornficld about
as far from me as across tho street
from this office. Ibid not bee Edward
Downey, that evening,
John Bell, COL. testified that he had
heard Edward Downey make threats
against Phillips In March last heard
him tell Phillips, to get Of Of the place
or heswpuld knock hell out of him. !"
Heard the discharge of gun last
Thursday night, about 8 o'clock, and
heard Mr.. Phillips say he was shot. At
II o'clock another shot was fire. at the
+ afterwards went out in the field and
saw tracks or bare feet. and traced the
tracks out to the sHAmhuyy road. "a
Mr.. Phillips: here exhibited q flats
tened bullet, which he. said !was one u
those which had been fted agaipst the
house. il hgR la.19tGm jasi.91Ea 70 s4sil ti
Mrs, Mslvina DGvney testifed that
she never heard Edward Downey max
ing threats against Phillips, though
she had heaSdlo Of him doing 30. z She
testifedltol the shooting, and to the
tracks, in ltl,e ROAD 20 Ehe Thought, Tie
tracks resemBied those 81 John Biddie
and her son Edward. she understood
that last March year her son and Bid,
die talked Of burning down, the barn
In order to get the insurance, as the
land would cell for aa much without
the barn as with it,,
Kate Downey testified that she had
neyeFJ heard her lbrpther, make any
threats againft Phillips, and that she
didtnpt see him around the, night, of
the poting.. She then testiaed fo the
circumstances or the shootin& and
said ghenuth second attack was made
the bullets came thick and fast. y iT L
VIM. KnstIDid NOT seo = Edward
Downey about che plecs that day;
nsyS5 nss,ns. hsSyS aSgfl,la BIN make any shSeats
MI Phiiiips-Did you not say 70 me Ia
that yop ewere authorized to tell me
be- t%'s sarsf n 0e''e' us" se' away or w00'0
BpstENeysE { puA.IQG2,
Phillips-5WeH, ! declare! ldeclare!
Mr.. Rnst-Mr. DoWney told, me that
his father did not allow Phillips about
the place, and now, that he, was dead,
Phillips should not stay there.
John Biddle testified, that he had
heard no threats from Edward Dow.
ney, and In regard to the barefoot
tracks in the cornfleld being his he said
he could afford to wear boots.
Phillips said he had intended to
have Biddle arrested as one of the
parties to the assault but had neglected
to do 30. r..s- LID
The testimony having been con.
| cluded, ESQUIRE Publ said tho evidence
was not sufficient TO hold the accused
for Court, but that he would hold him
in $500 bail to keep the peace towards
Phillips.
Downey being unable to furnish
bail Constable Whiteman took him tc
New Castle.