The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-03-02


tions of the universe.
The force to be given to this kind Of testi-
mony is clearly set forth by Chief Justice
Gibson, by way of illustration, in the case of
the commonwealth VS.. Harman Barr, 272.
He says: "A fact positively sworn to by
single eye witness of blemishcd character is
not so satisfactorily proved as is fact which
is the necessary consequence of chain of
other facts sworn to by many witnesses of un-
doubted character. You see man discharge
gun at another you see the flash you hear
the report you see the person fall lifeless
corpse, and you infer from all the-e ciicum-
stances that there was a ball discharged from
the gun, which entered his body aud caused
hi: death, because such is the usual aud nat
ura cause of such effect But you did not see
the ball leave the guu, pass through the air,
aud enter the body Of the slain, and your tcs-
timony to the fact of the killing is therefore
only intcrential, in other words, circumstan-
tial"
In considering direct testimony we may be
misled by the perjury of witness, and in
circumstantial we may be deceived from the
inferences we draw from the fact But the
fact that by possibility this may happen should
not deter us from acting upon both species of
evidence according to our best Judgment.
In our efforts to reach the truth we should be
governed by the following rules:
First. We must guard against the false
statements Of witnesses This applies whether
| the evidence is positive or circumstantial.
Second Where the proof Of the fact de.
pends upon circumstances we shall draw from
them no inference save those which are en-
tirely fair and natural and which are reason
ably and morally certain.
Third. We must see to it that each fact on
which We rely is independently proved and
that each is consistent with the other and with
the main fact
Fourth. Each circumstance relied Oh must
be consistent with guik aud guilt only aud
lastly, we must guard ourselves carefully
against any preoonceived ideas which might
lead us to reason inaccurately from the facts
proven.
These rules should be your guide in this
case. They have been gathered from stand,
ard authoritie-, have been often applied by
learned judges, and commend themselves to
our observance.
Daniel Kelly, an admitted accomphce in
the murder of Alexander W. Rea, has testi-
fed to facts which, if believed to be true, es-
tablish the guilt Of all the prisoners. He
says that the robbery and murder of Mr.. Rea
was planned on the night of the 10th of Oc-
tober, 1868, at the saloon of Thomas Dono-
hue in Ashland, at the suggestion of Patrick
Hester; that there were present at the con-
spiracy ten persons. viz: Patrick Hester, Pc
ter McHugh, Patrick %lly, Ned Skiving-
ton, Brian Campbell, james Bradley, Will
liam Muldowney. Roger Lafferty, Jack Dal-
ton and himself; that its object was moaey--
Hester informing the others that Rea would
60 to Bells tunnel the next day, and that
there was money in it for them-eighteen or
nineteen thousand dollars-that the whole
band had pistols, and that Lafferty provided
powder and balls and loaded the pistols that
it was agreed to rob, but to kill Mr.. Rea
that they all staid in Donohue's saloon drink
lag all night until near daylight when all, ex-
cept Lafferty, started out to meet Mr.. Rea OH
the Mount Carmel road between Centraiia
and Mount Carmel that Muldowney left
them saying he was lame that above the toll
gate Hester and Skivington left, Skivingtou
saying that he would 30 to work in order te
ward off suspicion, and Hester that he would
20 to Shamokin to buy hair to put in lime iol
plastering that he there handed his pistol t.
Kelly saying, "Your pistol is no good, take
mine for know it is sure" that the none,
was TO be divided between eight of them
that the two othe RS for some reason were t,
have no part that they were all members o
the Ancient Order Of Hibernians, Hester be
} ing the body-master, whose orders, according
to the practices among them, they were boun'
to obey. He says that the party Of six arrives
, at the place known as the water Barrel il
the early morning and were concealed by tn
side Of the road that Dalton being the onl
0 one Of the party who knew Mr.. Rea, wen
upon the road and was to give signal b
raising his hat after Mr.. Rea had passed him
. that they heard wagon coming and went ou
by the side Of the road, but as Dalton did nc
D raise his hat went back into the brush tha
i when MIR. Rea did come along they went on
e upon him, robbed him of his money, gol
watch, and pooket-book that then he an
d Tulty fired at him about the saule time tina
= deceased ran and they all kept firing at hin
MoHugh following nearer than the rest, an
d near to the side Of Mr.. Rea, firing upon him
J that deceased fell upon his face and fully pu
: his pistol bakind his go and tired that tn
q party went upon the mountain and divided tt
sixty Or seventy dollars found in the poke
It book that he kept the waton and gave it
s Michael Graham On the evening Of the sam
If day to keep for him, telling him il was Rea'
o watch; thathe afterwari pledged it to Coz
l. OGarragh for ten liars; that Mcclure gay
Vt him s20 for the watch, and he paid Il
If ten dollarsto o Garragh, who had been told
n him before that it was the watch of Mr.. Re
ie He further says that he saw Hester on Il
re night of the murder at Michael Graham's
IN a rattle; that Hester said the nspney was n
IL worth dividing. He further testified that t
" day after as be thinks, Thomas Donohue W
IN arrested for the murder; that be, Jack Smit
if LafTerty Tully, and McHugh, went To s.
We Hester, and that Smith informed Hester
er Donohne's arrest, when Hester replied, 1T
s. near time that should clear cut" and tn
r. he lett that night, and that on the next mig
OF or two the witness, TuH and Mcliugh h
n for fear Of being arrested
I'D It's qaite unnecessary for me to repeat to y
r. in detail the testimony Of the witness up
ed points in whchit is claimed tbat in other mi
or ters than those already stated, he is cont
dicted by other testimony They have be