The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1882-07-05
A Conscience-Stricken Murderer Sur-
renders.

. A COnscience-Strickeu Muruercr sur
renders.
JERSEY Cry, June c9.-John Roach, en-
pioyed at the new tunnel of the New York,
Ontario and Western Railway at Union Hill
to-day went TO the Hoboken police station
and stated that he wished 20 surrender him.
self because of Il munler which he had COM
mitted in trsina, Somerset county, Pa, in
summer OF 1872. According 10 the man
statement. he was working, in the year
mentioned, in Brooke's Tunnel on what was
then called the Pittsburgh Il Connellsyille
Railway, but which is now a branch OF the
Baltimore & Ohio system, and boarded at
the house of man named Eli Ham, \
fellow workman al the tunnel, named John
Mitchell, a native of Virginia, was paying
attention TO an eighteen-year old daughter
of Ham, despite the objections of the lat
ter. Roach stated that Ham came TO him
one night and proposed 10 waylay Mitchell,
and he consented. The two men then went
to piece of woods, near the boarding house
and when Mitchell came out they Knocked
him down with a crowbar and beat him un-
I'll he was unconscious. They then picked
Mitchell up and threw him over cliff to
the railroad track below, where lac was after
wards found dead Ham was arrested, but
was not indicted for lack of evidence. The
chief OF police at once telegraphed In Ur-
sina and received an answer stating that an
affair of the kind did take place in 1872, and
that Ham was still living in the village,
where he had amassed considerable prop
erty. The telegram further stated that the
District Attorney of Somerset county had
been notified, and would take immediate
action. Roach is about - years of age, and
says he has become conscious stricken, and
has not had good nights rest for years.
He is held, awaiting further orders from
Pennsylvania. Baltimore AslericGH.
The following account of the hearing in
the case we take from the HERALD OF Octo-
Der L. 1873:
'Eli Ham, WHO was recently arrested on
suspicion of the murder OF j. Marshall
Mitchell had hearing on Friday last under
a writ of habeas corpus. before Hon. y. Wat
son Rowe, and was discharged from custody
for want of proof ON the part of the Com |
monwealih 10 Justify his detention tor trial. !
The evidence offered showed tha; about !
o'clock ON the nCrning of the 26th Of Au- |
gust last. the body Of Mitchell was round /
close to the northern rail of the z. & c. /
railroad, near the western approach Of
Rronlis ,upp.l trffb sba rief,t arm er,,sl,ed I
off between the elbow and shoulder by the /
wheels of the cars, and with two wounds, I
one straigh, and one angular. on the back |
of the head; it Is supposed that death was
caused by the fracture Of the skull, extend |
ing half way around the head from the an
gular wound; that the wounds on the back
of the head were made by different blunt in
struments; that there was a comparatively 4
slight flow of blood from the severed arm,
but that the artery was so lacerated and
bruised as TO account for this.
A small pool of blood was found some
hours after the body was discovered in 3
fence corner near where the body lay, but
this was satisfactorily shown to have been
DN -tiiit Dlit Hcoc NAttNb
Mitchell's body was being examined. II
was further shown that bad feeling had ex-
listed in Ham toward Mitchell to within a
few weeks of Mitchelrs death, because of
Mitehell's attention 10 Hams daughter.
which Ham disappproved, and that daring
the time this feeling existed Hann several
times said he would kill him if he came
back to his house, and continued to press
his claims for his daughter; but il was
shown that about four weeks before Mitch
elrs death Ham had adassented TO his Mitch
ellis marriage with his daughter; their rela-
tions had become aniable. and Mitchell
went t9 Hams house when he liked.
Mitchell was ki,lel within hundred yards
of Iiann's house, and not far from his own
boarding house Mr.. lliii'sl and in the
morning when, with other.. he was called
up, Ham admitted that he had met Mitchell
between and 9 O'Clock Of the evening be-
fore, aud that they had walked up the rail-
road together and sat down on the cross ties
near where Mitchell was killed, and talked
a few moments, when they separated, Mitch
ell going cas-: to Hills and he home. Mitch
ell was seen by several other persons about
the same time, and was then under the in
fuence of liquor.
The arm is supposed to have been cut off
by tbs expsess train east sbaut II O'Clock at /,
night, but the theory o: the Commonwealth
was that Mitchell had probably been mur-
dered by the blows on the head, and the
body dragged to the track tina, j; might be
mutilated and the crime covered up The
was required 10 prove, first.
that the man had been muri-red-or a. the
lawyers say. the corpus ddiots and second. :
who committed the crime: and failing to {
prove the first required, or that death and
all the wounds were not caused by the train.
secured the prisoners discharge.
Constable Southerland and his assistant
received well deserved compliment from
his Honor for their vigorous. prompt and
efforts toward the yindication
of the law. This investigation was abso-
lutely necessary for the protection of the in ,
terests of both the Commonwealth and de- !,
fendant-
Hann was arrested at his home in Ursina !
on Saturday and brought 70 Somerset on .
Sunday morning. where he is now confined .
ir jail Deputy Sheriff Dickey left for Ho- /;
boken on Monday morning for the purpose !
Of bringing Roach here
TT