The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1888-11-21

had seen coon tracks; we went to d n .
Everharts for dinner; after dinner we .
went hunting; Jim Horner cut two hick-
ory sticks to beat with; Dan took one Jim |
took the other; went back to Jim Hor- |
ncr's shanty and stage / all night. We got |
two coons. Jim said he would go to 1Gv- |
erhart's and get a kettle TO cook it in; he .
came back with the kettle; Dan Everhart |
came to Horner's shanty about s o'clock |
Thursday evening. Bent Buck and Geo. |
Buck and Frill's boys were there | stay |
with Horner on Friday night and left his !
shanty on Saturday about O'Clock l saw
Dan Everhart Saturday driving through
the field; ] have known Hornor since
1881; I was pretty we'll acquainted with
him; we talked about many things and
vowed TO live to good old bachelorhood; I
heard of this homicide; these canes or
sticks that we cut TO kill the coons were
about three feet long and one and one
half inches thick at the but and one-half
inch at the point.
Amos Kinch testifiCd-I have known
Horner seven or eight years have known
Dan Everhart; seen them frequently to-
gether before the homicide; was at Ever
harts house about 4:30; saw Mrs. Ever
hart with her throat cut; l noticed blood
marks on the sittingroom door and on the
kitchen door; 1 noticed some clothes on
the porch, also hickory stick sitting in
the corner; it was about three feet long
examined for tracks and found none eX-
cepting an old one leading out through
/ H. sn4 t,A
right back to John Everhart's barn; 1
saw Jim Hornor n day or two after tho
burial; 1 did not see Horner at Everharts
| house any time was there Jim Horner
told me that Dan came to his shanty about
o'clock the morning of the homicide; we
went i'm the woods and cut wood until 10
minutes before II then 1 went to my
shanty to get my dinner; Dan went with
me, talked few minutes and then went
home to his dinner; about o'clock went
past Dams house; Dan came out and I
said was going to Lickingville; he said
wait few minutes and will go with you;
Dan chopped few sticks, then came out
and we went to Lickingville; left Lick
ingville about 81, then we separated; l
had other conversations with him in Jail
he told me Dan had no business to get
him into this trouble; that if Dan had
not come over to his house that morning
he would not have been in this trouble.
Cross examination: The conversation
had with him was three days after the
funeral told him to give an account Of
his actions the day of the homicide as sus'
picions pointed against him.
WHERE ARE THE STICKS?
Commonwealth's counsel call upon
counsel for the prisoner to produce .
stick or cane that they had served notice
on counsel for defendant to produce
Counsel for defendant plead ignorance o
any such service.
T. F. Ritchey, recalled, testified wen
to Jim Horner's shanty and had conver
sation with him Wednesday evening afte
the homicide I asked to see his coon, h,
brought it out; said 'this was a terribl,
affair that happened at Everharts," HI
said ''yes;" 1 said sit is strange no on
was seen about the premises" He salt
"he could easy clear his skirts, that h
could prove by Dan Everhart where h
was all the day." Jim said "Dan cam
over early in the morning, we went int
the woods cut wood until 20 minutes be
fore u; we quit went to my shanty, Dal
talked few moments then said he woul
go home to his dinner; started for Lick
ingville half past IL, Dan was out chop
ping wood, told him was going to Lick
ingville, he said wait l will go along h
went into the house and got ready, 1 me
Jim Alexander. Dan, Jim and mysel
went into the woods about 20 minutes {
two, we went back of John Everhart'
coal bank went to a tree but got no coons
at 20 minutes to three / remembered ha
promised Benton Buck to go to a singin
at Fryburg; 1 was to meet him at tn
church; Dan went toward his home,
went to my shanty went and met Buc
and went to Fryburg about o'clock. Da
Everhart came and called me out and ask
ed me 'if I had heard the terrible thin
that had happened 1 said no. He said h
was afraid to tell me for fear would Civ
him away said, l am friend of your
you need not be afraid, then he told me-.
l asked Jim Horner how Dan was dresse
that day, he said he bad on a grey sui
considerably worn. He told me Dan ha
the same coat on when he went to towI
l said, when did Dan change his clothes
He said, did l say so, he must hav
changed them at dinner time.
Cross-examined Afterward Jim sal
Dan said he wanted it kept quiet that ther
was two peddlers around and he wante
to catch them.
C. w. Levy; l reside in New York,
was engaged on this case in June 1886,
was acting under Mr.. Kelly; am at
quainted with Jim Horner. The first tim
saw Horner was in Dan Everhart's barr
June 30 asked Dan where / could sc
Horner, he said he would be at his hous
presently to help him work. saw
young man by the barn and Dan saiC
} "there is IIorner." | went TO him an
, asked him where he had been the day {
, the murder. He told me he had bee
chopping wood in the woods at II o clock
/ went to my shanty ard Dan starte
home, about 1890 l started TO Licking
Vile, Dan was chopping wood. 1 aske
him to 60 along; we met Alexander
started to cut a coon out of
) tree /; started for home at lG minutes to 3
: went to Lickingville; got some grocer