, 1883-06-30

| Vac oeaf fiAa LIN Guilty Of
Murder In the Firsi
| Dexree.
From the Dayton ChronicI, we CLEAN the
following in relation to the great murder
case now IN progress at that place. 1t will
be seen by the subioined how shallow the
defense was, and the verdict Of the jury viii
give general satisfaction:
ALFRED sNoDpERLY
Was sworn and testified IS follows Am
the father of deft.; | remember the time Of
killing OF +. II. Cummins think it was
about July 9th Judge from what have
heard think it was Tuesday night OF
Wednesday morning; until , O'Clock P. NJ.
Sunday previous. was at home all day and
all night; saw no one but our own family
that day; did not see Owenby that day !;
there is circumstance that causes me to re-
member this particular Sunday; the boys
had been at work with Owenby Tor two
| weeks ; when We came down Saturday night
! brough. load for Owenby | set it down
| IN my book at the time 1t was the Saturday
| before Cummins WAS killed; don't think
| saw Owenby that Sunday deft. was driy-
| ing header wagon, think it was at kaus-
| ches; he was at home on that Sunday
| deft. was in the habit of coming home every
| night; kept horse picketed out when he
rode home evenings his wife was expected
to be sick shortly deft would 20 back TO
work early in morning; don't think thresh-
| ing machine had started when he was head
| ing deft. staid at my house until they got
| through harvesting that season am ac-
| quar- ted with the traits and peculiar dispo.
sltion OF my son he Is very excitable and
has been more or less so since arriving at his
growth noticed 1t on many occasions.
Cross-examInation.- not certain that
did not see OwenbY on that Sunday was
not at Owenby's that day during a wind
| storm but did do so the year before did not
| 90 past Owenby' house IN going to Graham's
house to work stopped at Owenby's house
| on Sunday and staid until near sundOwn,
but it was about year before, when was
working for Mrs. Owenby's father; was
| back and forth to Owenby's house q2ite fre-
| quently; if my son and Owenby were to-
gether the Sunday before the murder he
| might have gone ont of my sight to do so.
but Owenby was not there before three
o'clock when | went away. Was engaged
in fixing up tools during the day, to go to
Graham's remember that Ezra was sitting
around house do not know if they Were to-
| gether If Owenby said he was at my house
Al Il \
| tradlct him have canse to remember this
| Sunday from the memorandum taken III
book Graham lives on Pataha Flat.
FRANK SNoDDERLY
Sworn Am a brother TO defendent; re-
| member the occurrence OF Cummms' mur
der; think it was Tuesday or Wednesday
when | heard of it | was III Pomeroy that
| was Thursday: the week before, | was
| pitching nay on the Sunday before murder,
| | Was ST Owenby's house, and then went
fishing, after helping Owenby haul a load OF
| poles up the hill: went fishing in the Pataha;
| Owenby aud my brothers Charley and Henry
went with me | went over III the morning
| and got back II shhdoWh rrhienDer inns
| Sunday from my walk Monday and Tuesday
| and that | went To Pomeroy Wednesday
night and heard of the murder Thursday
| | was pitching hay for Seeley: remember OF
| Owenby coming for Ezra to 90 and hunt
| horses but do not know what day It was
defendant went out with Owenby some
where and rode my horse the horse is
| buckskin in color; Owenhy did lot return
| from fishing with ME; we were down the
creek fishing all day: saw owenby all the
time while We We're fishing wonld not pass
| fathers house IN going from owanby's to
the creek We got home about suntoWn We
left Owenby At the foot OF gIafe To haul up
load OF poles IT was sometime IN The
morning when We i-it owehhy mouse 10 20
hshing.
Cross examined - ound o"eh"y h'Sh-
\ ing up his team told me ne was s'ihg |"
maui up poles uiu so "oii hno" no" ions
he was III DONG II was ap9ut .',ie riIoh Ia'.
| TOOK team wiz, "s nsnins eoh n"" ~"
far We Went thrsr'loaf.hs 80. ., nte f"h; oI onF
three OF rs went uo"n ~ VI. e.eeN "l"'s
| that ie'' '"ee =. my IIat, -.
u uoi :. - -, f,,;tr.ss ,r,L.s dis-
gram of route travelled to crerkl: had made
no previous alranse.nent VII" lrn,sas.J
h nla, - .ho n,ornt,;ns and wanted me 10 90
over and help haul poles !; do not recOlIect
who first proposed to go fsning we were
hshlng az dinner t'ne Apous . IN. NJ ~ i'on
~ In, J;J No, SION At bouse think Twas there
on that day; was pitching hay on Monday
at Ed Wilson place was stacShs ~
think the boys went to the mountains tnat
day; heard them say SO. tlestlnDhy very
indistinct.l DO not know wnere Ezra was
at that time DO not reeolleet 70 nave seen zen
Ezra on this Monday morning n ne mau
staid at home l would nave no. no',csa MN; nim
saw HIM Sunday nigh' the SUNDAY osiofe
this one was dong nothing; was aTsh
at Henry Days ranch' recoiiecs iish.
am positive l was 'here l went uo" Tto ~
see my SISTER think l WAS thefs' me
Sunday alter Went Isn,ng carried carried % nsnns
tackle IN my pocket hau i"o IooAS, o"en
| =, c,rrv;nr fishing tackle that season of the
! year do not know who hrOa a,hed the sub