Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1877-04-28

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and | raised up, demonstrating with my as
snilants, when | received the other blows.
Saw Keller and Scott twenty minutes be.
fore the assault; they were in my store and
saw me counting money, which afterward
took home; Keller bought some cigars and
asked me how business was, replied, pref
ty coed when put the money (S102 .50)
in my pocket; Keller and Scott walked out;
| was laid up six weeks from the effects of
my injuries; there is no doubt in my mind
as to the identity of the parties.
Cross. examincd-Keller and Scott had
never been in my store together before;
other persons came in that evening before
them; when they assaulted me they were
walking my way, | was Unconscious for
few seconds after the first blow raised
my hands to ward off the blows; Dawson
did not come to my assistance, but when he
heard me he came to his door and my as
sallants ran away; when first blow was
struck Scott was not close enough to strike
me- | was in bed for nine days afterward
and laid up in the house for the remainder
of six weeks, by DR.. Ravenscrafts advice
witness identified the wrenches used by his
assaiants as the weapons.
Neacton DauSon.-Was in bed asleep
when heard Mason CALL when / went out
! saw no one but him; there was blood on
his coat he had an iron instrument in his
hand; it was about eleven o'clock; l was
about twenty feet from him.
DR.. RanenScrGtt - Witness described
Masons wounds; did not probe them; at
tended Mason five or six weeks; he was
| confined to the house about a month; was
not confined 10 his bed, strictly, at ALL di-
rec;ed him to sit up
1 Cross eXamincd-Directed him to stay in
the house for safety; too much exercise
/ would have been attended with bad re-
suits.
CatAarine Broad-Heurd a noise near
, the house; got up and looked out OF the
window, heard Mir. Mason fall three times;
there was no one about him when he fell.
John Jefraes--Scott and Keller came in
Maoons store as I went out.
| E0c0rd Atk;anSon.--keIler came to the
! toll-gate at o'clock on the morning Of
December 81 and staid there till Z or s
| O'clock; said he was @oing to Cumberland
George B. Parho..--Was acting constable
! last December, arr, sted Keller in Cumher-
lind December 81, on the way to jail Kel-
| Ter said if had been few minutes later l
wouldn't have caught him; told Keller l
bad warrant for him; he said he expected
IS much
Leris Bep?er.--Saw Mason in his store
on the night of December so, shortly be-
fore lie closed up; Keller and Scott left
there about 20 minutes before Mason,
! Coafad GaM.--Witncss identified the
wrenches to the best OF his know ledge as
having been al his shop, whence they were
taken by some one Keller and Scott
would pass my shop going to Mason's store;
Keller was about my shop the night before
the assault. On cross examination witness
St ted that Keller had been at the shop
several times before.
Hiram -NaSon, rec6Ned-I suffer PAIN
almost every day from the wounds | re-
ceiycd at the hands Of Keller and Scott
DR.. D. ". Porter.--Attcnded Mason for
what | saw after the wounds had been
dressed didn't think that the skull had
been fractured; witness described condition
of fractured skull. On -examina-
cold tl,a >rnunIS p,iubt hnvo
been made with either of the irons shown.
This closed the testimony for the
state. For the defence Messrs. Doug
las Percy, Archibsld Stewart, Philip
Michael, J. B. Oder David Morgan,
II. R. Atkinson and William r.
Percy of Frostburg; James Nichols
and Joseph Myers of Homecoming and
Charles Robb of Cumberland, testified
to the general good character of both
the accused. Several witnesses saw
the prisoners between $50 and lilo
on the night of the assault, and tes-
tilted that they We're more or less IN
toxicated. Mr.. Thomas Mason testi-
fed that he saw the accused at Lapp's
corner at Ills p. IN. Afterwards
hearda noise; heard Kell er's voice, and
heard some one say, "You'd better 60
lone, you drunken sots." The pris-
oners had had time to go to the water
works and back before he heard the
noise.
Court was adjourned, during the
taking oi tie evidence, from three to
foul o'clock. The testimony wa
clio ed at 4:50, when States Attorney
Boyd summed up for tie prosecution,
speaking about twenty minutes. Mr..
w. NJ. Price, for the defence, followed
in Z. speech of thirty-tive minutes, and
Hon. A. X. Syeater closed for the de-
fence, speaking about three-quarters
of an hour. Hon. H. W. Hoffman
made the closing argument for the
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