The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-03-05

Geo. W. Har6atgh stroyH.-I was working in the
! ditch close 10 MaIiatt-he shoveling and digging
/ After their frst trouble about the shovel and Mr.
Best had ordered them back TO their places again,
/ names-rogue thief, liar, etc.-as he returned 70
/ his work. In about 10 or Is minutes Gibbs said
! something more to Msliatt that l don't remember
and Mallatt made reply which also forget then
/ Gibbs called Mallatt black lying : OF a b.
| Then he up out Of tho ditch and struck Gibbs
/ on the left side Of the head with the shovel he
| (Malatt) was using. twas n long-hRndled shovel
and he held il with both hands when he struck. I
saw the blow; 1t fell near the left temple Gibbs
at that time was standing with his shovel down on
] the ground ne hadn II raised. he was about p
or 80 feet from Malatt when the latter started for
the latter dropped Immediately. MI Slick got to
him first and raised up his head and shoulders
The blood was running from HIS nose; his eyes
were closed and he was unconscious tor shout i've
minutes. Mallatt put on his cost. went to pud-
and then walked about. He didn't say anything.
that heard. When Gibbs revived somewhat, Mr..
Best md l carried him away to the platform, in
front Of the butcher shop.
Cross -erdnliHed.-It think Gibbs under the in
huence fltquor. This happened between and 5
ociock-near o'clock in the afternoon. When
Gibbs walked away from Mallatt after the first 3 +
fray Mallatt said to him, "AIr Gibbs if had you
out would tap you and let you lay"
VIM. Mccormick. Charles Slick, James Kelly
and Alexander Horncr. who were working near by,
testified substantially to the same facts
Harry Phillips scorR.-About twenty minutes
after dve O'Clock Joseph Gibbs came up TO our
eoal-banN, in Gonemaugh borough. from the direc-
tlon Of the WOodvale bridge. The c0al-bank IS
.
working for Mr.. Best. He did not speak and ap-
pcared to be under the influence Of LIQUOR: he was
I staggering aronnd and could hardly keep in the
road. There was blood about him. one eye was
shut and there appeared to be cash In his head
/ he came: saw him afterwards about o'clock ly-
ing on Helrgei's steps near the Gautier works.
/ tried 20 pick him up, but he too timber to
/ stand. Policeman Brindle was lighting the lamps
I and told him he had better take him home. and
/ he said he would. Gibbs mUttered a Iittle but /
couldn't understand what he said.
/ Emery West srrorn--I saw Gibbs in front Of
Helrigel's house about halfpast O'Clock. lie
I came up to lamp post, put his arm about it.
swung around IL, and then fell TO the ground. right
/ on his face. l thought he in liquor. l want
cd him to sit down on stone close by, but he NUT
tered something, and wouldn't sit down. Mt
NuIhUe5t; VINO Was win me aII plckeo MN up
/ and laid him down on Helrigels steps, and then
/ I'm. CufhbeYt strorn-I was ahead of Nj Yves,
ana saw Gibbs tall on the street Phillips cart
/ was going by and he made grab for il and fell
Some man helped him up and he came staggering
towards the lamp post.
! Cross-eraplinedLTh ground on the other side OF
/ the street is very rough, and partly enclosed By
curb-stones. There wero boulders around the lamp
post where he tell the second time. He fell over
I square stone about two feet long and ten inches
. through. He fell pretty hard-he grabbed the
lamp-post with his arm, and then started to swing
around with full force and finally fell
/ Louis Wrights testified TO about the same facts
and also that he heard Gibbs say, Gen linen. let
/ me alone when West and Cuthber; went to pick
jacob Brindlc and David Strousc, policemen OF
Conemaugh borough. testified to taking Gibbs
( from Hclrigels 10 the JOhnstown lookup in !
I wagon. IhCy supposed him to be dead drunk.
John 7. Harris testified that he saw Gibbs at the
+ lookup nt o'clock in the evening He lying
: in tho cell on bunk. breathing and snoring, ap-
parently asleep. Al il O'Clock he was in the same
condition. At o'clock next morning he was stiIl
/ in the same condition; but when witness went In
at O'Clock in the morning he found Gibbs cold and
stif in death.
/ Dr. Geo. A. Zimmerman testified 70 an autopsy
/ performed upon the body the day after the blov
] was struck Upon removing the scalp and saving
of the top Of the skull four ounce ciOt of coagu
/ iated -iOol Nas louhu pressing upon Ile gItll
over the left orbit. and the interior lobe Of the
+ brain lacorated. The skull itself was terribly
. fractured, forming a com-nlnuted fracture. lIhe
. skull and pieces were ere shown 20 the IurTl II
the opinion Of the witness the fracture was sutE
+ clent 10 cause death Inc fracture was such 2.
& ight have been productivity blow from a neayy
f instrument, such as pick-hsndle or shovel.
Communicating piece oi bone above tn'
. left orbit was driven in far enough 70 pierce tn.
fracture as we found could have been prod uced by
[ the fall Of a drunken man. II is said that drum
ken men do not fall so heaTuy sober ones he
cause they make 10 resistance
This closed the evidence for the Common
wealth and Capt. Kuhn opened for the de
+ fense. q. W. McGarey, VIM. I. Haupt
. Herman Banner, Daniel Hamilton, John T
/ Harris and John Best were called 10 testify
TO the uniform good character of the defend
ant for peace and good order, which they di,
/ unheSitatiugy.
On Wednesday morning, Robert Litzinger
JOhnstOwn policeman, was called and tes
tilted to finding two clots Of blood in the eel
. where Gibbs had lain-one Of them on tn
floor probably half cup full.
John Best was recalled to testify to tn,
rough condition Of the ground over whicl
Gibbs travelled after receiving the blow.
The certificate of honorable discharge o
Malatt from the army was also put i'll evi
dence.
The Jury was sent out at n few minute
after II o'clock on Wednesday, and retuTne,
at ten minutes to o'clock with q verdict o
equity of murder in the second degree"
Prisoner remanded to Jail for sentence
which, with the other sentences, will be i'm
posed next week