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

after firing out back WINDOW. paT
him two or three hours afterWaru.
Meantime. had stayed sometlme q.
the house of Bateman, Could see ol9
RUNNER house by puttlhg in% ni
around corner. Saw Englisn rulin,nS n,.
then heard shooting and saw MN i,,o,
I shot at him while he was run i,
Discharged my revolver, ana .ntn
called to people to head off Engilshi nc
shot once after reaching the log; saw
the smoke: there was some drinking
done at Sping Run; Kreig drank l ulu
not, nor Warmth; think Vollmer
did.
Cross-Ex. 1 am Dist. Atty. Lived
in st. Marys at the time. Burke
asked me to go and help arrest him.
Got pick handle at Spring Rum pre-
paratory to getting into wagon. knew
before we started that Burke
intended to go to his fathers, he did
not intend to go until after the arrest.
Pick handle about y feet long, to be
used OH II. E. i'm case he resisted. l
am Dist. Atty and always carry re-
volver in my overcoat pocket for
protection, as the town of st. Marys is
not lighted. 8 or squares from office
| to hotel located on street along side the
railroad. Office is on public street.
| Sometimes carried bank key, and
had the revolver as protection
against robbers, or any person who
| trespassed against me, especially at
night We carried the shot gun which
by a common understanding was to
| be used in case of resistance. Burke
was to use club on prisoner. | sug-
| gested overawing him. Though he
would submit. I did not skulk be-
| hind an outhouse. 1t was the pro-
gramme to hold guns on E. and
| demand his surrender and / suggested
| you have just struck it, it was the
| idea that we were going to overawe
| him and make the arrest without
bloodshed.) Don't know why we
did not say: here we are with warrant,
shotguns, bludgeons, &C., that in case
he attempted to escape we would all
stop him. 3 revOlvers in crowd z shot
guns, and Kreig had an old army
musket. Waited ! hour after we were
stationed. Warmth and Burke were
to make the arrest. L was at the cor
ner of the house. Changed my
position several times. | talked to the
other parties. Never thought to go
and knock. Positive there was no
shot outside the house. Distance from
my gun to window where l shot be-
tween 20 and 80 feet | think an eX-
pert marksman could hit man the
size of Burke 80 feet distant | did
not aim when | shot. | hit the house.
Do not know as to English's marks
manship. | know James Bateman.
Saw him afterwards. Had not been
drinking and was in my normal con-
dition; do not know that | said II
would make it hot for the citizens of
Caledonia / intended to have an
investigation made in the interest Of
public Justice. I denied to Batemau
that l had shot the gun. When 1 met
Mr.. Bateman in road he said that e.
had done nothing, that what be had
done was to the rich and not to the
poor. He said f. was all right but
for that bald-headed s. b of IL
Dixon. Advised me to light out for
st. Marys. | discovered that my
: presence was not desirable; told
! several lies; told them that 1 or 5
men watched the creek. Told the lies
, to mislead them. The cap was taken
off my gun while at Bateman's
house; Burke may have drank; con-
entirely so; Did not have gun loaded
after it was shot. Put a cap on after
wards; Told Bateman it made no
difference as | had plenty of caps
which was not so; told them so be-
cause | was afraid the Bateman's 8
were carrying news to English; They
said the States Atty had no business
there and that the best thing l could
do was to run home. | got down in
gully and took deliberate aim at Eng
fish while he was running, without
gauging the result, but with the in
tention to shoot him; held square on
him when he was 200 or 800 feet away;
this was after Warmth and Vollmer
were shot; when | shot at window did
not consider where | shot.
[NoTE-Thc next witness called was
Geo. Kreig whose evidence we omit,
together with the rest of the proceed
ings up to the time of charging the
jury. The rest of the testimony will
appear in our next iSsue.-ED.l