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

hayloft Burke, Wurzell, Vollmer,
warmth and another man | did not
know. Went from barn in direction
OF RUNNER house. Next heard u yell
ran to window, looked out, and saw
two men go in front door of Runners
house. Next saw flash in chamber
window-repeated fiashes-perhaps u
minutes between flashes. Two in
quick succession. Saw two men
come out at same door they went in
Soon after saw another flash from
chamber window; gun pointed toward
road. Two shots from house. Three
shots toward house. Burke said he
(Vollmer) was wounded. Don't know
where last shot came from. saw Eng
lish come to door and look out, per-
haps one-half hour after Vollmer came
up. Saw e. run across fields, when
more shooting was done. / shot
couple times. At the time l shot |
was up stairs over store. Shot at
English. Fagley directed me to take
my position to guard English from
escaping. Fagley was there before
me. He had shot but could not load
the gun again and called me.
Cross-eXamined. Fagley told me to
take my station there. / was told
Fagley eoud not re load. Fagley was in
back room over store. He borrowed
my gun. He was watching for Harry
English. He called for me when
went up. l took deliberate aim. Have
no knowledge | said "I took rs deliber-
ate aim as ever did at deer.n Did
not tell Burke this, might have said o
i'll a joking way. 1t would be accord
ing to the man whether | took delib-
crate aim or not. Didn't say the gun
would shoot him. Didn't call him Il
s-b--. Know Mrs. Currie, she
lived in kitchen back of store at that
time. Never saw her asleep. Don't
| know that Burke was up stairs at all.
| Did not hear him say"I'll Cd ID
if know who shot that man, whether
| shot him or Harry English shot
him." Never spoke to Mrs. Currie.
were not on speaking terms; didn't
send my wife to tell her that | would
| give her present in case Harry Eng
| lish was caught if she said nothing
about it. Positively | did not tell my
not tasted liquor that morning, did not
fall down in road didnot fall up stairs.
Am one of those conscientious men
| that would shoot fellow man in or
! der to protect my wife and family.
| Shot at him because | was afraid lie
would burn my house; was afraid he
would kill me. Did not offer to bet
! two gallons of oysters that Harry
English would be hung and that
| would be there to help hang hihl by
my evidence. Never said or did any
such Il thing. Shot two or three
times. Drew as fine sight as
could.
Re direct Hard feelings between
Harry English and me commenced on
Christmas night. That was the
first.
Cross-examined. Did not bet with
Levi Bateman the two gallons of oys-
ters, nor with any other person. These
men did not get any liquor at my
house that night Warmth and Wur.
zell were in kitchen. Could not have
| gotten drink myself as the bar-ten
der slept in the store and kept the keys
! to the bar.
4. T.. Edton, recalled Certificate
of lst National Bank of Olean, n. y,
produced in court This is the in
strument under which we have been
acting, Act of Congress gives us the
! right. There is such a corporation in
existence.
Two checks each hearing the No.
l4024 on the First National Bank of
Olcan were then offered in evidence,
| but the court refused to admit them.
Cross-Ex. Know no such man as
I, W. Lane. Never heard of such a
man.
Mr.. Mcdonald, of Emporium was
sworn in relation to one of the above
mentioned checks purportcd to be
signed by r. G. Marsh, dated Oct. II,
lS79,and passed on the said Mcdonald,
his evidence was rejected on the
ground Of irrelevancy.
Court then adjourned until 8:30 Fri
day morning.
FRIDAY MORNING.
Court met at $50 in pursuance of
adjournment.
refusing the two checks offered Thurs
day afternoon.
The examination of witnesses was
then resumed.
4. j. Rpmnaor, recalled. Heard
two shots in quick succession after
| Illc lstl ltltS dtllNGu tiltIt. iIISDl HUSH
/ from hall into the room heard first.
Saw flash. Flash from head of stairs
| into room. Heard glass rattle in front
rOOm,in window fronting street. Flash
at platform at head of stairs into the
room. The lighter shot fired from
platform. Heavier shot fired from
room out into hallway. Heard the
glass rattle at front window nearest
the hall. Was confused slightly
Know the testimony l have given is
true.
e. II. Dir0n, recalled. Have seen
Harry English write his name.
Cross examined. Don't know how
often | have seen him write; have
seen him write many times in post
Office; have seen Hacking of let,
ers. Have seen name on let
ters written to me. Don't know GER
tain that | ever saw him write his
name. Think letters to me were from
Bradford three or four years ago. Not
particularly fixed on account of receiv-
ing letters. | was postmaster at Gale
donna three or four years ago. Can
identify some letters in post office,
some cannot; sometimes identified his
handwriting. Harry English wrote
letters from Bradford three or four
years ago; can't tell the season of year.
Letters were in regard to business be.
tween English and Morey in regard to
some land.
Redirect. Have seen him write his
name. Signed his name to assign
ment of some property to MOrey.