The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-10-07

took a rag out of crack and looked
through TO the best of my opinion
it was Burke; he was at our house for
dinner the day after, and / judge by
his voice it was the man 1 heard with
Dixon up stairs; 1 never heard him
before; don't know where they went;
they were in the spare room next to
me; there was but board partition
between the rooms. They went into
the rear end of the building; went
down stairs, and was getting break
fast when heard several shots.
III. III. WenseL, sworn. Had conver-
sation with Burke; he said the same
ball that went through Warmth hit
him in the leg; he showed me the cut
i'm his pants; said he was standing at
the side of Warmth; don't know as he
stated where ball went. Dixon told
me he had fired four shots.
T.. III. Diron, recalled. Do not
recollect that [ told Mr.. Golf that
had shot seven times; was somewhat
excited; was not drunk.
Il. E. GOf, affirmed. Dixon said he
had shot seven times at Harry English
and took as good aim as ever he did at
a deer. The conversation was between
Burke and Dixon. Burton Mum,
Charles Chase and wife, George
Thurston and E. w. Gray were pres
ent at the time.
Cross examined. The statement
was not that he had shot several times.
He said he had shot seven balls as di-
rect to his heart as he could. This
was said i'm DiXon's store.
Thomas ,Stottsberry, sworn. Was at
Franklin House when these parties
70 To fln i,rl, hnf
the shooting; went to Franklin House
in March; John Hanson kept the
house, he is dead now, died the night
after the big fire at st. Marys | was
coming in from the barn, when Hans
com called me to go the cellar; went
down with Mr.. Hanscom and filled
the bottles for Burke. | carried up one,
Hanscom the other; / gave the whis-
key to Hanscom and he gave it to
Burke; took his revolver out of his
coat pocket and put in the whiskey;
Put the revolver in his breast pocket.
Hanscom told Burke to go home to
his wife that he was not fiji to go over
there; gave Nollmer four drinks my
self; he came down in the morning,
was at Frank Sorg's all night, gave
Burke three drinks in the morning; |
was at the Hyde House last Monday
morning; l went to the McFarlan
house; Burke came to the bar roo III
and asked me to drink. 1 refused.
Burke said "you and | have always
been good friends; you are subpoenaed
in this case and your testimony may do
me harm.' Told me if / would go
away he would give me something,
told him the people of st. Marys
and Ridgway liked me and | would
not go away.
Cross examined. Went to work fol
Hanscom in March; minded the barn.
| MY business was to light the fire in
! the morning. Was hostler all the time
When Hanscom went up town he uset
to ask me to tend the bar. l tool
| care of IL horses, but could have hell
when | wanted it. OF course it tool
more than | could do to attend stable
1t was sometime about the 10Th or 7th
| paid no attention to the day of the
month. Burke got the whskey at II
o'clock. Nolmer was not in wllef
Burke got the whiskey. 1t was no,
day at all it was night. John Collin!
and men were there. Tom Burke
was too cute he got it in the hallway
He drank at the bar during the day
| They had whislicy outside. He sale
he wanted to get some good Whiskey
! to take along for himself and party.
I The wagon came down some time at-
| ter. Hanscom put his arm around
| Burke and told him that if lie would
go home he would give him the whis
key for nothing. | was not drunk
that night. Take a drink when !
want it. There was about two pints
! Of whiskey in the bottles. They
would not hold quarts, although they
were called quart bottles.
John Gultlner, sworn. After the
first arrest English escaped, when
they arrested me and took me to st
Marys. There was in the wagon
Burke, Warmth, Nollmer, OCunnor
Maloney, and Rogan who drove the
team. asked if they were going t(
let English go; Warmth spoke up unC
said he supposed he would have to lei
him 90 this time until he met or saw
him when he would shoot him dowr
! like dog. Burke agreed with him
| told English what Warmth ant
| Burke had saiti, and told him not t.
stay around my house as he might get
me into trouble. | took off Warmth.
shirt after he was dead. Commenced
taking it Off at the bottom, and took i
Off over his head. Warmth lay on his
| back he also had on an under shirt;
| took that off the same way. | saw
wound; was there when they fne;ts
ured it. Put the end of my finger in
wound; did not force my finger in.
Cross-eXamined. Am brother in
law of English. This conversation
took place when | was under arrest
Warmth did not say lie would shoe
him down like a dog if he did no
surrender; he said he would shoe
English on first sight.
Redirect. The witness took tn
shirt and explained to the jury how i
was taken off, when the fact was dis
covered that there was several rents il
it that was not there when the shiI
was taken off.
Horace W. Sutherland, sworn. Say
Harry English sometime the latte
part of April. He came to my hous
about A. NJ. He was wounded; sa.
three wounds Two on inside of thigh
opposite each other and one in calf q
leg. The balls all went through. HI
was badly off. / am no relation q
English. He stayed two weeks an,
one day. When he went away he fel
well although he was pretty lame.
Cross-eXamined. Live at Liberty
Mexican county, on the Buffalo, Ney
York & Philadelphia Railroad. | ha
heard of the killing. Knew Englisl
to be the party. Gave 10 notice to OF
ticer. Saw him every night with tn
exceptions of one or two.
f.. II. DiGon recalled. Don't recol
lect having conversation with John