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

u. NCtSOn ISnltH, sworn. was au
home 18th of April. Got breakfast,
then went in tavern. Heard some one
say it was over at Runners house.
Harry English said something to the
effect that if that was not enough If
they would come back he would give
them more. Between 5 and 6 O'Clock
in the morning, saw Harry English
once at the front door. Did not see
him at the window. Heard no sound
ut window. He swore some words;
Can't Just say what. Said he
would come back and kill more.
| was 200 or 300 yards away, was at
home; did not hear clearly; that is the
way | understood it; not spoken very
loud.
Cross examined. Was at home
which is down below Bateman's. was
tenant of Dixon's, the man who knew
handwriting.
A. Il. Eaton, was recalled as an
expert to prove the handwriting of
Harry English with that admitted to
! he genuine. [checl was shown wit
ness when he testified that the name
| Harry English is in the same mans
writing on back and in body of check
written at different times and with
| different kinds of ink. On cross-EX-
animation he testified that there was
an apparent disguise i'll the capital
II.
Dr.. ". b. Hartman sworn. Knew
Warmth. Was at DiXon's before his
death; got there between and O'Clock.
He was in semi-comotose condition.
| Comotose condition means condition
caused by morphine, or loss of blood,
or shock. Bullet wound. Did not eX-
anime it until after death. Wound
@~as in right side, six inches above
navel and slightly to the right enter-
ing the ninth rib and breaking it off.
Passing out below floating rib on LETT
side. Had his clothes on. Saw hole
on right side, but did not see the
place where ball came out. No evil
dence of bullet in clothing. He died
about o'clock the same day. Exam
ined him after death. Found track
of ball it cut off piece Of liver-lower
edge of right lobe of liver. Cut off
intestines. Stomach was not injured
neither were the large vessels of liver.
Should judge from the size of wound
that it was made with Al cartridge.
| have Il pistol that carries n A ear
fridge; might be gun or pistol. Win
chester rifle shown witness. Think
a Al cartridge would make as large Il
wound as that gun would. 1t would
kill the man; he would die from the
effects OF the wound. Am physician
and surgeon. Have practiced nearly
|'25 years. Evidently the cause of death
was the wound.
Cross examined. Ball almost par
allcl, Il little lower on left side. Two
ribs fell OFF. Warmth was about my
size. Ball entered Oh right side.
| tpnIilon
hole made by the ball. Did not eX-
anime clothes particularly as to exit.
Have seen bullets that made as large
holes lodge in clothing.
Redirect. | cut up shirt with scis-
sors. DR.. Swier assisted. Ripped up
shirt in centre and then thrown to one
side. Did not take the shirt off;
Saw other shots i'll the army. Was
army surgeon years 0 months.
| Burke was there.
Mrs. Macy warmth, sworn. Was
acquainted with Frank Warmth.
He was my husband. Witness shown
coat, vest, pants, drawers and shirt OF
her husband which she Unidentified as
the ones he had on when he was
shot.
Il. II. Diron, recalled. [Shlrt
shown witness Saw shirt; saw it
cut from Warmth; Found shirt in
crCQuet ground; found bullet in shirt;
found several days after the killing.
Produced bullet. That is the ball |
found in shirt, down near flap. Shirt
has never been washed.
Cross-EX. Can't state the number
OF days; suppose it Was week; did
not see the shirt thrown there. Gro
quet ground perhaps six feet from the
| Il tn,l
feet from the house; | rolled up the
shirt and locked it up in my money
drawer.
h. H. RumDcr, recalled. [Gun
shown That is my gun; action
heard behind door; witness showed
the action OF the gun.
Cross-EX. Was wiper in gun; no
cartridge in gun HOW.
NorE-Deputy Sheriff Wcnsel had
removed, as was supposed, all the
cartridges from the gun. The wit
ness had the gun in his hand explain
J ing the action to the jury, and with
the muzzle of the piece pointed
toward the jury box. Just as he
pulled down the guard TO load the
gun he discovered cartridge which
was almost simultaneously with his
answer that there was no load III the
! gun. Had the piece been handled by
an inexperienced man, no doubt one
of the iurynen would have been
| killed outright or very seriously
injured. This is another warning
against the careless handling of fire
arms ED. ADVOCATE.
cartridge shown witness. That
is the same size cartridge that was in
| gun.
Vine Dennison, sworn. Was at
Runners house. Beard from floor
| shown witness. Saw hole before, was
one of the party that cut bullet out of
| joice. Ball struck floor and lay be-
tween floor and ceiling below. Ball
/ produced by witness. Ball and cart
! ridge Offered in evidence.
Geo. HeidCnhOelner, sworn. Loaned
the pistol to Burke night of the 10th or
18th, calibre 3S. Burke got it the
| evening before the arrest. Pistol was
never returned. Got the pistol for the
purpose of going to arrest Harry Eng
! lish
(h0ries IVeis, sworn. My business is
making guns ball shown, ] Judge it
| to he 3S calibre.
! COMMONWEALTH RESTS AT 9:35.
The case for the defence was opened
by Eugene Mullin, Esq, who i'll a