The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-10-02
- 1.sm 90 &c


THE DEgENBAsr TEsTzfIzs
Henry j. Patterson. sworn was 70 years
Of age on the 18th Of last February have
been living in Elklick since the iss Of April;
ms father was John T. Patterson he died
May 8, 1881 Ieft wife and three children !
Joseph. Is years old, Martha Beachy, mar
ried to Peter Beachy. and myself mother
was married to John spiker in 81 splker
came from close 10 Grsntssiile The lrst
year after they were married they lived IN
Meyersdale. and moved from there % Grants
vile, Nd, from there TO Grassy Ran, IN
ElkIick township rented the house spi-
ke- made threats against me from tie tine
they were lirsf married an the I'D Of June
when / quit work, / went 70 supper spiker
had been to Grantsville mother had taken
the two little girls and gone TO Salisbury to
a show was in the room washing spiker
was quarreling with mother; they were
still ouarreling at the supper table he was
standing at the back door he went down to
the cellar; had used his scythe and pat 1t
in the cellar, he said, G-d-m 'en, if they
didn't clean Ihescyshe he'd cut their throats
/ then went to Herman Rauch's shanty, laid
down on one OF the hunks and fell asleep
Herman wakened me and we started TO the
ball ground; when we got 10 the head OF Fair
View plane heard mother calling she said
come down quick went down; Mother said,
Henry you'll have to come in and do some
thing Johns kicking and beating me-" she
was crying; she told me John had said if
she didn't take her things out of the house
before Monday he'd pitch everything out;
she wanted to know who was paying the
rent; told her was started TO go up the
steps; she said, my God Henry don't come
in the house,
ms GOT A RAZOR AND WILL KILL YOU
| went up 10 Jacob Buskey's; me, Adam
Berg outside Of the house he had Baskey's
gun asked him to let me see it, took it
and went into Jake's house asked him for
load Of fpowder, he poured some in my hand
put it in the gun be said ifi put all that
powder in, it would burst he then gave me
a load ofshot he handed me some buckshot
which | put back in the glass went out
side; Adam Berg went with me just as
got outside mother said John isn't here
Adam tried to take the gun from me; Twas
excited and pushed him away went up the
plane and through a sugar grove and across
the fence; as got on top of the fence saw
Spiker; called to John; he turned around;
stepped on the railroad and made about
three steps toward him and stopped he
came toward me as fass as he could walk
when be got within 20 or p feet from me
his left hand toward me said yous- Of
b. I'm not afraid OF you or your gun; be
then stsrted TO come faster toward me- /
knew he had a revolver on his person and
thought he had razor; he always carried
large sized pocket knife with razor edge
on it; he could shave himself with it; he
came toward me with his hand on his pock-
ct | saw that he was mad and thought that
he was going to shoot me; | let him come
10 feet closer TO me; l knew ii was all day
with me if didn't shoot put up the gun
intending TO shoot him in the legs; il was
SO heavily loaded with powder that it raised
up and shot him ia the stomach, over foot
higher than intended to shoot him; (wit-
ness takes gun and shows how he held ii
and how it kicked up; knew if didn't
shoot him he'd shoot me; had no inten-
ton Of killing him; he came ON toward me;
had no idea thai had hit him; be came
almost up to me when struck him with the
gun; turned and be followed me; alter
taking a few steps he fell down; | went to
Buskey's and gave him the gun and told
him / had shot John and that he should
help bring him to the house then went to
the bail ground and told Joe to go for
doctor and then went to Salisbury to give
myself up; when went down to where
John was | went there for the purpose of
talking to John about his quarreling with
mother.
Cross-examined : got the gun to protect
myself knew he had revolver / load
ed the gun did not say was going to kill
Spiker don't remember saying to Buskey or
Berg that if they didn't stay away would
shoot them walked up the plane and down
the path didn't go faster than fast walk
the fence is about 25 feet from the railroad
after had hit him with thegun he took five
OF six steps and fell on the ties think !
backed several feet before hit him with the
gun did not say anything TO him but no,
John did not break the gunlwben struck
c.;l.o- ,,.as ,.o-sa ovc,teul tt.a, 49, ,..,.
in my life before had my gun ready load
ed in my hand, hanging down by my side !;
don't know that Spiker traded his gun for a
bed the day before after hit him with the
gun he said, you shot me E and placed his
hands on his stomach and followed murder;
did not say to Sam Lowry that would as
soon shoot John as a dog felt my duty to
go 10 Spiker and talk with him about the
way he was beating and ill-treating mother
would never have touched him if hadn't
thought he was going to shoot me; if bad
turned around and started TO run he could
have popped me in the back never owned
gun or revolver in my life: heard
him say at the house that he had razor
and would kill me. and thought he would
kill me.
Constables Scott and Conrad sworn to take
charge of the jury Court adjourned at 1855
A. N. TO l;30 P. NJ
AFTERNOON SESSION.
Court called at l:3O P. NJ. Jacob Hoy'e, J..
J. HoblitzelI, Wilson Ringer, Peter Beachy,
Abraham Folk, Michael Knecht, Casper
Wahl and Urias Folk all in turn testified
that they knew Patterson, knew the people
of the community in which he lived. and
that bis character as peaoeable and orderly
citizen was good.
Mrs. Anna Spiker. sworn: / am The Wild