The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-09-30

ing out: heard nothing before the
shot; gun seemed to be pointed toward
us. told Frank to get up; he tried
to get up. Another shot was fired
from same place, and another shot fired
between them, Immediately after first
shot, fired from out doors, that is 2nd
shot. Wurtzell had shot gun. Holes
in house had appearance of buck shot.
Warmth fell once or twice going to
the hotel. Kreig assisted him.
took position at shop. Remained
few minutes Wurtzell called back that
it would not do to miss English
Wurtzell asked for Kreig, when yoll,,
mer anwered; then a shot was fired
from the house judging from the
sound, Vollmer said he was hit. /
told him to come up and not stand
there for q target. Vollmer went to
the hotel. After Vollmer came over
[ remained and helped him. Tele-
graphed to DR.. Hartman at st. Marys
also to sheriff Oyster and to priest at
Driftwood. The wounded men were
carried to the hotel and were laying
on colIches in front room. Heard an
other shot, and saw English run.
Louis Fagley was in the store. +.
ran from rear of house to creek, he had
got about half way to creek when he
was fired on, and returned the fire.
Fired before he got to log, and after
wards with Winchester repeating rifle.
l kept my pistol. Warmth left his
where he fell and never got it again
The Doctor. came at about 10 O'Clock.
Dr. Swiers came from Benezette
Hartman came in answer to telegram.
Dr's. remained all day and until af-
ter Frank Warmth died, then made
post mortem examination. He died a
few minutes before 5 o'clock, after
noon of same day. Post nortem ex-
animation held very soon after his
death. / acted as coroner. Drs.
Hartman and Swiers were there.
Warmth said from the first that he
should die because he was shot in the
bowels. Said he was shot by Eng
| lish.
Cross-EXamination. About 13
miles from where / live to where
English lives; was in st. Marys night
before the shooting. They were all
with me except Warmth. He was to
receive telegram from Kane when to
go, which telegram was to be de-
| livered to me. / was drinking no
more than usual. l was not drunk the
day before. Kept no count of drinks;
have bottle filled at Franklin House.
Got no whiskey at that house. Got
stone jug filled with whiskey for my
father, but think there was not two
quarts in jug; about qt. of whiskey in
| Jug. Know Hanson, he is now dead.
Did not want to get whiskey of Hans.
com, he did not say that l had toe
much whislley, Vollmer was not
drinking. Never saw Nollmer drink
a drop in my life, l had not drank
enough to be visibly affected. Hans.
com did not accuse me of being drunk
! I may have drank some beer. Cant
keep track of number. Drank nC
beer at Crouses, might have beer
there. Know Thos. StOttsberry, DOM
remember having any conversation
with him. Saw him around for sev
eral days. l did not say that l woult
shoot English or he would shoot me
Saw Stottsberry in town day before
yesterday. Did not ask him what h,
was going to swear to, and did not tel
him to go away or he would do mt
harm. We had hack; went to Gard
ner place thence; to Spring Run
Got no drink there nor on the road
no drinking place at Spring Run
First went to bed. Took no drink.
oeiore gong 10 peu. NeiIher Wneh
got up. saw no one orink: Pa no
go 10 my la,ncrs. LelC the jug
III Darn, also WnlsheS. TOOK ~ away
alter !he shootlig. oent my protnei
alter IL. none ni our party ever .aste.
IL, eAcepI ilttie III water i9l marhiln
DlNon, DaugntrlS': anu JuuSe oohG'
Iooh ul!nh ouO VI ~, was ,nere ~
uas,,, w. 'iiefe siiol.,y a,tei clocf
a. NJ, JUS. pElore o1y oleah' nou very
urih' % oaM itaty tiy HnS Isl. eo,nt 'ilil' @
nlleI .ah ny n.u.ion. ihe s.ooo ~ uo1
aooninS ;h! NJ ~" a." VIZ hUt. W, "iEei
saiu' lnele ne 10. w urIeii Ia'
uouo'e,nalIeieu ;,. e,I snou Hul' ! ni iau
Pioh ia'iiS "'iu NJ, ~" no
,luae Jug u MI MiiiiishheSi. haSSi,o DiI no. ar'i
n9 fn39t thot H'f' tnd thn L; - ;ns;J,' nJ.
ij,oG ''r"o ooi, ' 5 tv Ia, "; oM5 ri9aue
" 49, oU' Inv ~ Icy ~ 10y ,,", 1ii'
ao,linm ""o Woii,nor hod To,,i M"9 q eIne or
relad ni,nt ,,',U Kroi'r " hod " Si'ot c,'n
Gnns s,,or rant sn ,onded m%en % n H,Jo iofi ~ 81
Mar, urS NY Iii not axon,in m1 i1,, 80 ~,
onn 9h.d nothin, % i'1. ~ 90 mitii oaSdim' S,n
ln tho,,,. 'u ,,,o "e unte ,,,oro ~ tia,, ,s ,'d,
ired, inoda,d ""s S,;h tbor ioodod - Ia,' men -
D;wnm;s h"tn ~ Ial,ad nft" "
Wnr,,itb ,vent for him and s,,;d. w,
,,ro nv, n,isoner VALID arter be no
| INTO bduse Witness initiated FL,
vaII Which wos n cross hat,ven', th,
Ioot of on owl and the crv of a wild
cot ! Warn;th did not shoot frS
frn,1, orts;dn NJ ,;stoI shot e.
outside at This time No crash mod
IN ononin~ door Of houso ala not ms
49, " Wv - l'oo'