The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1876-01-29

struck the pipe.liue nenr the top Of the hill On
croas.e Examination the witness described the To-
cation OF the pIpe-line, Mr. Bartholomew cues.
toned him closely as to the shots and seeing
the men fire and the pursuit but no new ia1ts
were elected. The W itnesa said he observed the
buttons on his cap while they were firing and
as they ran M the hill ] saw both the blen
fire There was n long discussion rs TO the nd-
mission OF photographic views in evidence, which
ended in courts Overruling the OBJECTIONS OF tne
defence.
David Williams sworn; Was Mt LansiOrd on
the morning of September r. and heard three
shots fired / saw Jones coming towards me
staggering after the shots saw Weyhenmelet
catch Jones. and heard hlm ask him II he knew
who shot MIN Weynennly YER told me 10 go AFTER
the men who mad gone toward tue top OF lhe
hill ] saw the men when 1 got to Mrs. By
non's they were runnlngi gained q little on
them, think one was tall man with hnt,
the other was smaller M amt ne had cap
on saw the mon IN the Tamaqua lookup, and
described them before l went IN lDOyte ana
Kelley were directed to stand upl' ! recognize
those men ms the ones 1 saw running the wit
ness described the pursuit; MIR Williams said he
lost sight OF the two mel who were running
when they went into the woods near the coal
dirt bank l was within seventy y.hVe yards OF
them at one time they were going on slow
run l saw Beltznet we were together ] saw
tho men well enough TO know whether they had
whiskers o. not saw their faces when they
crossed The old railroad l described the men to
Michael Beard IN Tnmaqua, before went INTO
the lookup helped to bring the prisoners to
MauCh chunk.
At the afternoon session eight other witnesses
were examined, two of them identifying Doyle
inc, and one of them Identifying both prisoners
also the maiu testimony Of the morning wps
corrObOrated by these witnesses.
WEDNESDAY.
The first witness called this molnng was
Charles Smith who described the open cut, and
noticed strangers at the Oilhouse on Sept. 3
Reese Davis sworn; Live Mt Summit hill; am
mineri worked Mt No. 3. on 2nd OF Sept. last
was on night sbitt went in between ana on
sept .; before went in saw strangers at the
locomotive house, they had dark clothes on, hat
a nn nh nnG
big one: yes. sir, ! recognize the little fellow.
cross examined i recognize the larger one
by his hat and coat those are tine only marEs;
there were other men standing around, cannot
say how many; worked at the CUlllc1Y; my at.
tentton Is not drawn so closely to tlose know
as TO strangers.
James DAVIS recognized Kelly and Doyle as
the strangers he saw on sept. 2nd. Mrs. Anna
Pry saw two men running away after the shoot
ing; did not recognize them. Dan'l Shuck saw
three men running between and s on morning
of Sd Sept was not close enough to recognize
them. Mary Garraty saw men signaling on the
mountain; didn't recognize them. Jacob Mos
ser was on his way to lamaqua and saw three
men on the road. whom he recosnized as the
prisoners. His evidence was su bstantlted by
his year old son. S. Smith saw two men cross
what ~ called the little bridge after the shoot.
ing did not take particular notice of Them.
John GOuldner am 13 years old IL kiss that
book must tell the truth; | don't know what
will become of me IT dOa't tell the truth; go
to Sunday school sometimes; boy go to helif
they tell lies sometimes l 20 to the Reformed
church; I can read and wIIte. SwOrn: l live
about three-iOurths of mile below ramaqua; |
was around there on the day Jones was Killed;
| saw two men come lp the road the big elbow
had on a slOuch hat; don't Know what the Other
Fellow hah on; yes, sir, those are the meD saw;
There were Other boys with me II was before
dinner The evidence was not changed on the
cross. examination.
Albert GOaldper saw two men passing. VIM.
simpson identified the boots worn by Kerrigan
when brought to MauCh Chunk.
Charles Berrell sworn Lave in New England,
south 81 ie OF sharp mountain; the wood station
n Nyharl | I
men come from the woods; ] was standing at
the oil-hOrsei one was small and the other q
tall man; they wore uark clothes; yes. those are
the men TO the best OF my knowledge they went
10 the spring and one OF them drank two cups Of
weter, ana then handed the cup to the other
and he drank two cups; one OF them made q
motion with his hands ana the one with the cap
on went down che plane; believe II was aDOut
10 o'clock; L was in tie oi-nOuse, and looking
through l noticed them they were walking
pretty hyely,s sIinging their arms, and then they
stood still as though they were disappointed
cross seXamined.-The plane does not termin.
ate where the men opped; can't say why they
tidnt 20 on they could have gone on; they
went right on the raliload as far a. coult see
them tney could have gone another way: 1t
was about ten O'Clock when / saw them they
sinhlar testimony was gwen BY other wit
nesseS. flzabetn SDuthald lives on Orwigs.
burg street, Ialnuqua saw two strange men
pass my house Kelly AMI Doyle Uuu up anu
witness sad those are the very men" David
Lvans was called 10 prove that Kelly was en-
piOyed where he was supe intendent and thus
contradict the statement Of prisoner tina he was
In search of work Ihe defense objected 10 the
evidence, Kelly not beng on trial, Objection
and eycepuUn taken by defen,e.
VIM, ;. Alabach sworn: Live In Tamaqua
nm matchmaker; helped to arresu he pris- |
Oners; found them up close to the sptingi l saw
Jimmy kerngln moving toward THmsqua, ,thev |
were gong apace tod them ia halt or to !
come dowai | ran down, bad a lnu,KeL AMI
cooked IT. the large man asked what IN hell | |
wanted; | told him If he uidn't stop | would !
blow his damned heart out; 1 walked alongside .
Of the big man myself and started the small one
OIL anpNu they were nut IN the lDCkuU. |
in with them Mr.. w. Guss handed me Keil's /
pants they were wet with perspiratiCn;each wds
CrOss.examined.- was a warm dav they /
were in tul view; tOll them to come down; |
hdn't Know themj the large man SAID he Knew |
ms business; kerngan was the only one of the |
three Knew; bis was on Sept. g.
Wallace Guss was then called he testified |
us To the arrest THuRspAy
Wallace Guss recalled; Found badge under
the left lapel OF Kelly vest, and In his |
coat pocket bottle OF whisky, in his pants poe. |
ket three buttons and knife, and in his vest a |
Carroll ana other INSCRIPTIONS, also three cart. |
ridges; his under clothing was sweated thrJ; |
and hands clasped; | cannot describe the cart. |
ridges iuily winch took from Kelly; 1 gave |
,nem to Michael Beard. We next examined |
Michael Doyle, we found in ms possession Il |
whte pocket handkerchief ring, brass key bat |
ion anu u badge on the lapel OF his vest: on the |
badge arethe letters A. u. IL. ana on the back |
Jf his boots, and he tneA lay down ON d bench; !
1e sGt1 he was loOt-sOre; they were top boots. l |
examined hlul IL minutes after Kelly. l made |
N examination OF Kerrgan, but not so fully as |
u the others: he had III his vest some money, |
Landed IL to lin agaln. That is ali the eXHmI. |
nation made OF HIM. l found only three ben. !
MES on Kelly. DOVE had no money. The uee !
Inder which first saw the hat is surrounded |
Jy laurels-the whole Ade oil the hill is covered !
Hlth laures the laurels would conceal per. |
;ou sitting Gown; from that SPOT TO the railroad |
IS covered with laures They were going IN "A
)l tsk pace, but l going n little faster, with a |
pistol, caught up TO them and tOlQ them to go |
1Own to the railroad and surrender themselves |
)r the men would certainly kill theA Doyle |
replied :" know my rights" WhiN in the |
oCkup got statement from Doyle, the onIy |
man present that / distinctly remember was |
Iohn Iiendrlcks. The Gloss examination elicit |
I'd nothing further.
Michael Beard recalled: Made correction in |
previous statement i'll regard to streets in Tam |
aqua. was preseni at the examtn ltlOn at lOcH- |
lpi got these cartridges from Wallace Guss |
pa Sd sept; no got them from Kelly; know by |
certain maGs put on them that they are the |
same.
B. T, Hughes testified TO arrestlng KeTrigan, |
lnd pacing him i'll the lookup. Had a cartridge |
which sna boy found and gave nlln.
Andrew Lindsey testified TO the finding OF the /
IN. ee Ieyoivers in the ne ghborhOOd OF the tree |
where tue arrests were made found them on /
.he 4th sept
Dr. Horace DeYOung sworn; Am practising |
physlClhn was Bn army surgeon Two Of tne |
Jalls III this pistOi II has the same trade-n mark |
ii and size tins Is fie ball and fits exact |
y 10 the bore OF this pistol On crOss-eXamlna.
ion he SAID the bail tnaT came out OF Jones |
body IS lighter than this one extracted from the |
PISTOL; ball may lose portion III striking |
substance