Somerset herald. [volume] (Somerset, Pa.) 18??-????, 1889-05-31

inst given yea,
EusaLAEY.
Who committed the of-nse, is the
question for the iasy The bHrleu Of
showing that an oasnso was com aittei,
and who committed il, lies upon the
Commonwealth, whose duty it Is to
established it, by proof that SATISFIES yoa
Of the guilt Of the accused parties beyond
a areason ,bls doubt for it IS a first princi-
pal Of criminal law, that everybody is
innocent Of any offense uatil the Com
monwealih proves guilt The Common
wealth in lis effort 10 prove g1iit, calls
lirst samuel Stevanus, who testiiies 10
The burglary and the felony committed
as one who Was there, an inmate Of Mr..
Yoder's dwelling. Il is not necessary -
detail to you the manner and the cruelty
Of the act The goods there stolen, he
says, were about s400 Of Mr. Yoders, $50
Of Miss Bakers, and that some sugar,
hams, chestnuts, stockings, pillow slips,
sackes, jewelry and demjohn, there
before the burglary, were missing aiter-
waris He testified how and by whom
he and the other inmates Of the house
were tied. He undertakes to identify
certain Of the defendants as parties DO
ing the act he points out Lewis as the
man who tied him that he saw his face.
As to Tasker, he judges from size and
voice says he saw eyes Of one he now
says was Marsh Sullivan, ana siw the
upper part Of his face, above the mus
tache.
Ellen Baker, also an inmate Of Mr.. Yo-
der's dwelling at the time Of tine ro5ber-
ry says the stockings that were in evi-
dence !and which were found in the
house where the arrest was made are
hers, and were taken at the time Of the
burglary she points out Lewis and Jack
Sullivan as two of the parties and says
she could not then see the face OF the
others. She testifes that a week before
the burglary Lewis and TIsker were al
Yoders and got their supper, and she
also states the sind Of property taken.
Christian Yoder, the old gentleman
whose dwelling was burglarized, gives an
account ofhis loss and the manner Of
the entrance into his dwelling and the
cruelties inflicted upon him, but don't
undertake to identify any one. lie
states how, by cruel treatment be be-
came unconscious, and is hence unable
to say how they appeared
Fannie Wilhelm substantially corrobo-
rates the statements Of Ssevanus, Miss
Baker and Mr.. Yoder as to tine burglary
and the manner in which it was done
Anna Engle, early in April preceding
the burglary says Lewis and TaslSer came
to her fathers for apples, etc, and says
that on the day Of the Yoder robbery a
man came and asked to buy q loaf Of
bread and some butter; she undertakes
to point out the man as Marshall Suili-
van, a prisoner on trial
B. y. Maust says be saw men whom he
points out as Lewis and Tasker, ami who
on 5th April 1850 ate supper with him at
Christian Yoder's.
Geo Rubright says on 9Th April 1889
he passed two men, whom he now points
out as Lewis and Tasker on their way TO
Meyersdale.
Wm. Brown found two men on Vim.
Meyers hay NOV the Saturday preced-
ing the robbery.
Thos. B. Dean, Of Fayette county, says
he lives in the same house with Marshall
Sullivan, and that he, Sullivan, was from
home from April nth to 18th.
John Davis says he saw four men in
pairs oftwo, passing some distance apart
on 2nd Of April on Confluence road going
in one direction, and on I5.h, ofApril
saw two men going in opposite direction
carrying sacks. and points out Lewis and
Tasker as the men, passing both ways.
y COugbenour, saw men in pairs, pass
in Addison township, two Of whom he
points out as Lewis and @.,asker.
Mr.. Tissue, on 18th April. saw four
men come, and take cross cut over hills
one Of whom looks like Lexis one Ike
Jack sullivan.
Howard wdght on l. b OF April slw
five strang gzrs, four Of tn sm in pairs; enc
some distance in rear, passing through
Harnedsyille, in this county, he slys he
one as MARSHALL Sullivan, and
SAYS he saw men whom he points out as
Lewis and TAsker carrying sucks filled
at a later day.
Wm. ZIflll sayson l2th Of April he
saw four men recognized NJ Sullivan
As one.
Theo. Engle says lie saw man at his
place 18th Of April, 1889 asked to buy a
loaf Of bread and butter; take NJ. Sulli-
van to be the man.
NJ. B1nnell says met three men in
were going towards Fort EIiIF,
two hal sacks on shoulders; on sunday,
April 10th thinks Lewis and Tasker
were two Of them,
VI. McCiintock saw three men evening
Of l4th, near Fort Hill, one hal a sack.
Saws he FOOLS cartain T,airar v-as ono b,t