The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-10-07
Hoard a return Are from outside the

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knew that morning.
Counsel for defense asked permis-
sion to call Zenas Webb, a witness, ln
case he should appear in court, to prove
that Dixon offered TO bet that English
would be hung. Permission was
granted. The witness, h owever failed
to appear.
y, DEFENSE RESTS.
The commonwealth then offered
the following testimony in rebuttal.
a. kam, sworn. l am acquainted with
| MIS-. Phoebe RUNNER. She stated IN my
had first shot; she said also that in going up
s,aits nt ts one or two shots were fired she could
Cross-e xamined. The lady was right at
heao OF stairs IN Runners house when
mao mao the ther conversation with her. Christ Dill
the FIRST shot up stairs. [The witness was
decisive tone he said tat rsSiS sash time ne, II ts
| first shot up stairs.'l
party that assisted to make the first arrest nj
| Gardner's house. l did not hear Warmth
make any threats.
heard all that was said in the wagon.
l.. W. G{60rd, sworn. Saw Thomas Burke
9G,oGi She eyehhg 9a ,bat iSh 6 oe last
! in the least under the the influence of liquor.
| Saw Wurzell between and q, whom | con-
Cross. examined. Saw these men in my
s"w nothing that indicated III That 'ive they were
drunk in the least. Don't know that Squire
sg gets drgn sn IKE e rnKi eond
gate. Don't known anything about the
quart of whfskey. .,
saw him so but that he had conanend of his
faculties. Burke is Justice of the Pe@ee.
harttwar re business in ST. Marys. Remember
the 10Th of April. Saw Burke between and
o'clock that evening: JpnS1dferea 1f1na MN nm.
join Collins, sworn. Remember the night
preceding the attempted arrest of Harry
English. Saw Burke that evening at about
| 10 O'clock. Think he was perfectly sober. l
boarded at the house where Thos. stottsberry
sober. Vollmer and Burke were not there RI
the same time. Did not see Wurzell or
kreig. IA,
Cross-cxaminett. Think it was about 10
o'clock; 1t don't take any longer to get
Jas. Rogah, sworn; was the teamster that
drove the team on the night of the first ar
rest Of Harry English at Gardner's, Did not not
down lilse - dog, on sight.
Cross examined. This was the time of the
first arrest when he got away.
Redirect. While we had Gardner as u
prisoner 1 heard no such remarks by War
1nos. Daug1terty, sworn. live in shippcn
township, Cameron county. Am one of the
County Commissioners. Came to Caledonia
on the morning of the 18th about 8 o. clock.
Saw Burke in room at DiXon's hotel where
the two wo.snded men were laying on their
sober. Did not see Wurzell. Burke was
sitting there, He was sober
Cross examined. Have been acquainted
whether he was under the intinenee Of liquor
got up to shake hands with me.
LeWiy Fu0ley. sworn. Saw Burke, vollmer
and ,Wqrzell after the shooting, and took
but detected no odor of whiskey about him.
Cross-exafs med; Didn't hear Burke say
} him. Didn't know that the physicians gave
whskey to Warmth.
Redirect. went into store and the clerk
directed me 20 the room up stairs over store.
, Remained there alone until sent for burke
30 asl, him If fc wa, the ottfcrr OF the law
there until after English escaped. Dixon and
Burke came up, but not together.
| H. II. DirOn, recalled. Don't think | went
up stairs until was called up there to man
Epulate that gan. l was not there before
T. j. B"rkc, ctled. Was not in room at
any time before Fagley. Went up with
Dixon while Fagley was there, about an hour
Cross examined / was up there with
Fngley. + took dinner at Curries on Sun
"a. ". cray. sworn. / was at Caledonia
on o, ia he p1ernnmg OF the 18th Of April Saw
WurZell was sober. Saw Nollmer at 5l&
O'Clock. Don't know whether Volmer was
sober OF not. Saw Kreig. He was sober.
Didn't see Warmth antil after he was
wounded.
Geo 1hnTston, sworn, ! was at Caledonia
on On nili the morning Of the 18th Of April; Saw
see Geo. Wurzel Saw Warmth ana VoliU
mer. They were wounded and I think
sober,
Cross-eXamincd; Didn't see Burke, War
NTH OF Nollmer the day before.
A II tha auiIanna l,ain,y Ia, ,,I A.,
hour of six aearly at hand court ad-
journed until Saturday morning.
SATURDAY MORNING.
Court conveyed at $50. Legal
points were presented by the counsel
for the respective sides. Mr.. Rich
mond, in presenting his points, Occu-
pied about one hour, and in an ad-
dress to the court, which was also
made with telling effect for the ears of
the jury, he dwelt with especial force
on the responsibility of each individ-
ual juror i'll the panel And that
as long as II we'll founded reasonable
doubt remained in the mind of single
juror it would be contrary to the rules
of law, and a violation of the oath OF
ajuryman for him to agree to a ver-
/, diet contrary to that doubt although
all the rest of the jury should be
, against him. Another point made by
t the defense was that the jury in Grim
inal eases is the judge of the law ant
' the fact. Another, that the warrant
. charging the prisoner with felony was
' not sufficient to justify the officer in
5 shooting the prisoner until he had ex
hausted every other means to escape.
+ Mr.. jerks on behalf of the prosecu
/ tion answered the request of the de
fense' on the points of law.
Mr.. Hall then addressed the Jury on
behalf of the prosecution, occupying
one hour and seven minutes in his ar
4 gument. He reviewed the testimon,
, at length, and Usclaiming all desire o
thirst for the blood of the prisoner, sal,
he simply performed duty imposed
ON him by the commonwealth. IL
, asked the jury not to be influenced b,
any cheap auXiliaries that the counse
for the defense might bring into tn
n court room for effect, such as having
q