The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-09-30
Thursday, p. M. L o'clock.
jury i'm box.


Thursday, P. M. u o'clock.
Jury in box.
Burke-again.-Cross-Ex. Did not
see Vollmer drink. Drank no beer.
Nor Wurzell. Know Joseph Dill.
He did not tell me that our party was
too drunk to go and arrest English
didn't see Dill at all. Suppose III. +
fired two shots fired at same time;
three shots fired in house; two were
fired by Warmth, one by II. English
1 did not shoot. Might have said that
shot. Say on my oath I did not
shoot at all. Do not know that cham.
Der of revolver was empty. Don't
remember telling Deputy Sheriff
Wensel that my revolver was
one that chamber of revolver was
empty; was under the impression
that the ball fired by Warmth struck
me in the leg; never thought ball
went through leg. Think 1 did tell
Horton and Wensel that ball went
through leg of pants. L stood at
threshold of room. Did say that l
throught the ball that went through
leg went into floor. Two shots fired,
was under the impression at that
time that III. E. had fired two shots.
Two shots near same time i'm room, not
exactly at same time, but a few
seconds apart; went there afterwards
aud measured the distance taking the
ball holes for it. Now think it was
the ball from Frank Warnith's pistol
that went into floor. Do not think it
was the ball that English fired that
struck me because the ball was dug
out and was pistol ball. This might
l,nx l,nI tI.., L
Ing my mind. Believe | testified that
the ball from Franks pistol went
through my clothes. Measuring dis
tance has changed my opinion.
Seeing Warnith's clothes also helped
change my opinion. H. E. only
yelled going up stairs. Don't re
member telling any person that he
said, "Don't Shoot! Don't Shoot !"
as he was going up stairs. Know | was
sober;did not dance jig in Dixon s
bar-room after the shooting nor did not
act as a drunken man Have not been
on bad terms with Harry English
Used to speak when we met. No
quarrel with him. Took few drinks
together at Wachtel house and talked
over old times; do not think we had
angry words; never afterwards had
angry words with Harry English
three shots before Warmth fell on
ground.
Redirect. Drank no Intoxicating
liquors from time leaving st. Mary's
to the time the affair occurred. Rest
of party did not drink except 'Kreig
All of the party were sober. One ot
the guns got at Dixon's hotel. Wur
zell had it. Kreig had an old sho
gun. Vollmer had shot gun. War
> NTH had Smith q Weston self-coc<
! ing revolver. Question as to nervous
: contraction overruled.) Pull the trigc
when revolver would go off same Il
, any other revolver when cooked
! wliiskcy in jug was for father. Al
sober at first arrest. Party consisted o
, James Rogan and team, Maloncy an,
! constablcs Frank Warmth, Nollmer
: and o Connor; none of the part,
drank after leaving st. MIarys; drive
stayed at fathers house. In RUNNER
.. house once in the afternoon OF sam
day. Provision made to hang gun il
lower story of house; would pass gun
T in going up stairs; gun would be il
reach; no gun there in the afternoon
,, Warmth said his pistol was acciden
:: tally discharged. Nothing said as tC
{, how he came to fall back into my
arms (piece of board shown from
hallway at head of stairs, with the bul
let hole in it, Hole in board the bal
: spoken of as going through my leg
!, (Showed jury where ball struck thigl
also the patch taken out of pants.)
, had Warnith's pistol, don't know
:, whether it was loaded or not; got it /,
! Spring Run. Borrowed the rcvolve
! l had of hardware man. Wcnsel go
+, the pistol that Warmth had, got i
: the next day. Said | fired one sho
,, out of it the night before on the hill
a Don't know that | spoke to Wense
: before about it, may have done so
! may have replaced the cartridge as
= had cartridges with me.
Cross-EX. Harry English SUPPOSED
to he behind the door. | stood in tn
doorway. No one but driver tool
: drink out of bottle. Didn't drinl
!, anything out of jug. 1t is rossibl
: for me to ride II miles without tallin,
= a drink.
! T.. T.. WUdrd, recalled. (showi
I board from halIway.) Board cam
from floor i'm entryway. Dixon tool
e up board. 1 was with him. Takel
!. out last Friday. Ball fired at nearl,
u right angles with partition. Distanc
II | from, Ipnr to han bnl. 1 fnnt . ipahaC