The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1882-12-15
COURT CHRoNIOLEs CoNTINUED.
WHAT WAS DONE N QUARTER SESSIONS ON
THURSDAY AND FRIDAY OF LAST WEEK
AND IN COMMON PLEAS DURING THR
FIRST THRER DAYS OF THE PRE-
SENT wEEK-NINR PRISON
ERs sENTRNCED, ETC

Our paper went to press last week with
the case OF the Commonwealth We. Charles
Howard, BENJAMIN Watson and John Moore,
indictment larceny and receiving stolen
goods, pending The defendants plead gull.
". after argument, and their sentences are
appended
The next case reached was that OF Com III
vs.. DOisOn & Griflth, the charge being in
the nature Of nuisance. The verdict Of
the jury vas not guilty, but that the Com
monwealth and defendants pay each one
half the cost. The Nuisance complained OF
was that the defendants maintained phos-
phate depot In JOhnstOwn. and the Court, In
dismissing the case. pointedly said to the de-
PENDANTS that the nature OF the verdict was
such as to admonish them In the future to
arrange things IN such way that no further
complaint of this nature would be made.
The case above mentioned consumed the
time of the Court TIL noon of Thursday.
After dinner a number of cases were con-
tinued, to wit
Commonwealth vs. August DtppIe. surety OF the
peace, on payment Of costs by defendant.
Commonwealth vs.. August Dipple, desertion, en-
payment of costs BY defendant:
Commonwealth VS. George Judson, larceny, on
Paymeut OF the costs by the county
payment or costs by the county.
William Wilson was then tried and acquit-
ed of the charge OF receiving stolen goods.
Henry McMichaels was tried for assault
and battery on bis wife. He was sentenced
to go to iail for the term of six months and
to enter into recognizanee in the sum Of $500
to keep the peace, sc. -. .--s....,
Cyrus johnson, Jas. Blake, Frank Brown
and James II. Davis. all colored, were called
Into the dock These parties tried to capture
a P. r. R. train On the 21st OF October last.
Mr.. Jim ClOssin being the conductor thereof.
The affair happened short distance west OF
Johnstown. The gang. after a full hearing
of the testimony, were adJudVed not guilty
of riot the first count in the Indictment but
on the second count namely assault and bat
terry, they were socked- Scntence-three
months esch In the county Jail, with costs.
THE MooRE-FINNEGAS HOMICIDE.
The case of the COMMONWEALTH VS. Steph-
en- Moore, charged with the murder of Dan
iel Fiuneean. was reached Thursday evening
after supper. The circumstances of this
case are substantially as follows The de-
fendant is the son of Charles Moore, who
lives short distance from South Fork,
CrOyle township. The character of certain
females of his family, as well as that of
some frequenters OF his house, was the re-
verse OF SavOry. In word, the house was
generally viewed as a sort OF bagnio. Late
on the night of the 21st of October last
party of young men, Finnegan among the
number, paid the Moore domicile a visit for
the purpose, as was elected by after testi-
mony, Of seeing the girls" They were
met at the door by the defendant, who re-
fused them ingress. They seem to have IN
sisted on going in, when young Moore seized
gun and fired. Finnegan fell and died
without utteriDq word.
The defendant being without counsel
Geo. VI. Reade, ESQ, and John E Seaman
Esq, were assigned by the Court to defend
him. The Commonwealth was represented
BY District Attorney Secher. After plea
Of not guilty had been entered, the work Of
impaneling Jury was begun. Thirty eight
names were called before Jury was secured.
OF this number seven were challenged per-
emptorily by the defense and three by the
Commonwealth. Sixteen were challenged
expressed opinions, and the others having
conscientious scruples against finding a YER
dict where the punishment may be death.
After twenty three names had been called
and eight jurors secured, the Clerk announc-
ed that the panel was exhausted, and the
Court ordered the doors to be closed and di-
rected the Sheriff to call talesmen. One was
called-Mr. John Beers, of White township
when the jury that had been out delibera-
ting on the fase of the four colored men re.
turned with a verdict and the Clerk was di-
rected to put their names in the box. The
doors, however, were still kept closed. -
When these twelve had been called and one
juror was still wanting, the clerk again an
nounced that the panel was exhausted, and
the Sheriff called Mr.. Godfrey Hoffman, os
JohnstOwn, who had come in as a spectator
shortly before the doors had been closed
He had formed an opinion from reading
about the case, and Edward J. Humphreys,
of Ebenshurg, was called neXs and became
the twelfth Juror.
The following are the names Of the Jury
Lawrence Beauhammer. George Page, Thos.
Calligan, Peter Maioy, Levi Beers, Gabriel
DunmiTe, Joseph Lantzy, David Mulholland
David Blough, VIM. j. Tross, j. G. Bum
gardner Edward J. Humphreys.
District Attorney Sechler theu opened for
the Commonwealth when, at 10:45 o'clock,
Court adjourned.
Friday morning the taking of testimony
was begun 1t was very voluminous, fifteen
witnesses being called for the prosecution,
and a half. dozen for the defense. The sub
joined specimen of testimony for the prose-
cution will give tolerably clear idea of the
whole
Charles P. Cob1uoh strorn. I live In Johnstovn.
! was at South Fork on the 21st of October last
about 10 O'Clock when went there Paul PripgIe
VIM. Qulnlan Barney Mock Liz. Moore Stephen
Moore, Chas. Moore and .,Irs Moore were there !.
l remained there till o O'Rourke Ffnnegan sloan
Owens and KilduiT came ; Chas Moore W a. moi
there when they came he went to Summerhiu for
some whisky when O'Rourke came to the door ri
was lying on the bunk and McClarran was living
with me 1 was awake / saw STEPHEN Moore
pick up gun and shoot l didn't hear what be
SAID when o Rourke's party came, Mr.. Quinlan
versation at all 1 didn't hear Stephen Moore saw
anything about the shooting; / didn't sec hi m
load his gun: he was right In the door when = he
shot didn't go out until was told there was a
man shot then 1 went out and 1 found there wa a
man lying there dead knew the man would
Lot say positively whether I ever saw him at
Moore's before that OF not was there myseif be-
fore 1 went there for bawdy purposes-to meet
door was open when O'Rourke came there /
didn't hear any loud talking, noise. or disturb
ance.
Mrs, Moore, the mother of the prisoner
testified for the defense that when O'Rourke
& Co came to her house she told them she
was sick and begged them to 60 awav In
stead of doing this, they made an onslaught
on the door, breaking off the latch Then
her son Stephen said he would shoot to scare
them away" The result of that shot is
known.
After speeches by Mr.. Reade and Mr.
Sechler, the jury retired, and at 7:15 P NJ
returned verdict Of guilty of murder in the
second degree.
This being the last case for trial. Court
adjourned to meet the ensuing Monday
forenoon.
SECOND WEEK
Court convened on Monday at 1870 A. NJ.
After going through with to routine business
The case of Chas Miller VS.. AEnie b, SmeIt-
ger was reached, and was settled by papers
filed, the plaintiff withdrawing the lew and
the case being dismissed.
G.. O. Rorabaugh VS.. Frank Dibert-Feign-
ed issue. The jury find for the plaintiff.
Frank Dioert, the sum of s476.46
John Story VS.. A. F. Stutzman. The iury
find for the plaintiff
John J. Beckel VS.. Cambria Mutual Insu-
rance Co Summons case in assumpsit.
The jury find for the defendants.
Francis Moran VS.. DR.. r. Moore, ct. AL
Trespass. The jury find for the plaintiff in
Jos. MiRsr VS. Michael G. Snyder-Sup-
mons I'm partition. Judgment for plaintiff
that he have set apart to him in severalty
one-hah the land described in the writ and
that the defendant have one-half the same
land set apart in like manner, If such divi-
sion can De made without prejudice to or
spelling the whole, otherwise that the whole
be appraised.
VIM King, for use of Charles Rhody, vs..