The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-05-18
THE PRISONERS SENTENCED.

THE PRISONERS SENTENCED.
On Monday morning, the 18th inst, Court |
convened at ten o'clock. A rumor had be- |
come prevalent on the street that the prs.
oners would be sentenced during the morn
ing, and the Court House was full of specta-
tors waiting to hear the final doom of three
human beings judicially pronounced. Short
y after the ringing of the bell the three
Judges entered the Court room and took
their seats upon the bench. 1t was appar
ent that there was a heavy weight upon their
minds, and their solemn and careworn coun-
tenances plainly showed that there was
most unpleasant duty before them. Shortly
after ten o'clock District Attorney Clark arose
and said, "May it please the Court, in the
case of Patrick Hester, Peter Mcflugh, and
Patrick Tully low move ior judgment"
The Court directed the Shefih to bring up
if returned, Tully and Nc cEugh shackled
together, ard Hester alone. Judge Elwell
asked each of the prisoners to stand up, and
then inquired, "Have either of you anything
to say why sentence should not be pronoun-
ced upon you" Patrick Hester replied as
follows:
"With due permission of the Court, your
Honor, have few remarks to make in re-
gard to the testimony against me here. In
| the first place, Kelly swOre against me plot
| ting this crime | declare before the Court
| of high Heaven and this honorable Court,
| and before the world. it is false on nv part
And also in regard to Mr. Parr. the po
| iceman, stating and swearing that referred
TO this murder, with his statement of my re-
marks to Donahue in prison, it is also a
talsehood. And in regard to this young
man Harris saying he seen me at the toll
gate or thereabouts, | declare it is false. |
never plotted or aided the murder of Rea or
| the robbery of Rea; and I knowed better,
that 1t wasn't payday | knowed payday
was on Fridays; my business was to be
about and see these colleries, when they
paid, and collect taxes for individuals. |
| was collector of taxes in fact. | know very
| well, your Honor, that they were after me
| for long time, and even my horse was shot
under me one evening coming home from
| Mount Carmel the horse died the next
morning. This declare before the Court
| of Heaven and this world"
Peter McHugh then said:
| "Your Honor, in one part of the testimo-
| mon, believe, and every person can see, is
this, that he land how Kelly could have tes-
| titled to that y that he met that Harris.
| And another thing is Mr.. Fetterman contra
dicted him in his testimony, and SO also did
Mr.. Shuman. The two men that he says
that passed the road along where he and his
companions was concealed in the bush. Kel
| ly swears that Shuman had team of mules;
Mr.. Shuman says that 1t was single horse.
Mr.. Fetterman or Kelly says that one of the
party walked up the road and passed by
this man that was in the buggy, and Mr..
Fetterman contradicts him altogether
And another thing-for my part could
have brought more testimony here, but was
them here or couldn't pay their fare here
to prove my innocence Of that crime. And
another thing, Mr.. Morris Morrison who
contradicted Kelly. He said that it was be-
tween seven and eight o clock that Kelly and
his companions (who alluded to me and
others passing by the road) met Morrison
on the road going towards Hester's house.
Kelly said that it was between nine and ten
o'clock and Morris Morrison said that it
was between seven and eight before he went
into his work And Morris Morrison said
that he wasn't within seventy-five yards of
us, and Kelly said that he met us on the
|
ing to his allusion; and for my part, l claim
to be innocent before God and man of the
crime.
And Morris Morrison was contradicted
at the same time by Mr.. Rhoads, the coal
operator which | worked for, because he al
luded to that he could see us every day
through Locust Gap.
So think it is great injustice, but / sup
pose my words is nothing
In the way that the Schuylkill and Car.
bon county courts-the sensation that they
have raised through the coal regions lately
there is a cloud over every person any per-
son that is claimed to be guilty, it doesn'
make any difference who it is that comes be-
fore the court for to swear against that man
he is guilty anyhow.
And Kelly's character has been run down
here and if we had only finances to bring
more men here from other parts of the coun
try where he has travelled through, we could
show here, before the court of justice here
that he is man that is not fit to be relied
upon in one shape or another-that is plain
to show here, plain and clear enough.
Therefore, | am innocent OF the crime
and if it comes to thai, / am ready for death
but have nothing to die for in that case
Patrick Tully spoke as follows;
81 have few remarks to make, bu
l don't suppose there is any use il
making it. For my part | never hao
any justice nor any defense in this case
| was arrested on the eleventh of Novem
Der and brought to Pottsville Jail. | had nj
friends there, not even one-never seen tht
face of a human being there | knew. / haC
no counsel, no money TO procure counsel.
was brought here, but on the trial had n,
counsel here. | had no way to bring coun
sci or evidence; therefore | had to tax
whatever the Court gave me. / had NJ
money and the Court didn't even ask on tn
stand whether we were provided with de
fense or not. That is all | have to say.
am innocent of the crime l am cOnvicte
for; know nothing of it,"
THE SENTENCE.
Judge Elwell then addressed the prison
ers in these solemn words
"you have been convicted of wilful an
deliberate murder, the highest crime know
to the law,
The boldness with which the conspiracy t
murder Alexander w. Rea was formed an
executed has scarcely a parallel in the an
mails of crime.
On the evening of the 10th of Octobe
1868, ten persons without pre-concert met
public saloon, when one of the numbe
stated that the Superintendent of the Coz
Ridge Colliery on the next morning woul
be on his way to the works with money
pay the employees under his charge, an
suggested that he be way-laid, robbed an
murdered.
This proposition, startling and horrifyin
as it would be to the mind of any man ne
schooled in vice, nor accustomed to conteu
plate the commission of crime was not onl
received without murmur of disapprova
but was at once and by all assented to
1 l.. Z. IL ILL
I firearms were prepared for each conspir
{ tor. During that long night they waite
and watched for day. As the mornr
dawned nine of the band started out to me
the deceased and accomplish their diabolic
purpose On the way one alleged lamene