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

N--f+- -- ~ N'-A i't- tt-ri..r
enough TO ena5le him 20 recognize
mea.
Ross Ausas,ine details the m1aa.
same arrest aaI h7g his man ss,l
/ says they Ia. sAsss. which in cla-t
identified with contents; SAYS Che
were Lewis ana T.sksr.
Jno Walker corr5b1rats Huu
Augustine.
Israel Hoover recognizes levi a,
ne saw going u9 on I3-h os Aa-L
Numerous witness. vCr- eIr.I
connect Thomas, Anderson. p
auI iii. but thc m 7e,
I ont ofthe case and son have r..Isr, !,
enquire Of as 10 them
Mr.. Fniiam euieayorel 90 aI.ras /,
some ham found in the sacks. C.H. Ma !
Ter, the sugar and moulis.
Sheriff Kyle and DR.. Fichtnsr ts,ff- :,
IS 70 the arrest. and the manner as !,
7 placeof arrest Of the parties. the daIiB
Of the stockings which Miss Glkertl=5
tiled rs hers, in Hills house where s5r.
Of the prisoners then were.
Peter Albright testiies As to the arr +.
and the money taken from the pris7a,-i,,
none was produced on trial, and no
ference can be made from It uatbir,.
appears 10 identify il. Il had been 30 4.
yertenily deposited by the officer. +.
On this testimony the COmmouwea h
seek to convict these four prisoners oil i
ohense charged
Whether the witnesses satisfied yos i,
to the identity Of The parties, Is for q, =
The defense set up. is as 70 the Fl.
S1llivans, Marshall and jackson, tLl ,s
an alibi. It is alleged they were at III
time Of the alleged burglary, in fay -
county, a distance Of more than sd m n
away on the day and time and for
previous and several days after zafl
that therefore it was impossible ]
these two Suiiiyan8c could have been err
ticipanis in the Burglary. IA
An alibi Is as much a trlverSe mi
crime charged as any other Jefen-a. "a,
proof tending to establish it, though risl
clear may with other facts Of the Inc
raise reason I5le doa5t Of guilt. res
in cIscs where the Commonxe e..
rests upon positive and unIoa5teI r- I
Of the prisoners guilt, it should do.
overcome by less than fnil clear and i
isfactory evidence Of the alleged aI the
The evidence which tends to estat 1
an alibi, is for the jury, anil thong, seo
alibi be set up by tine defsnse. the !
den Of proving the prisoners guilt is sha
thereby shifted The burden remain j
the ,umonweaith 20 satisfy ths fl7 ~
guilt, beyonda reasonable d111t. auI. A
jury must take into coasiIsrlHJ1 aas Ed
facts in the case and the proof Of q. sos
ibi in coming to a conclusion. ,en
This as 90 the aiibi involves the he
ncr in which witnesses testify the en- urs
bility Of the witness. AMI the rsaslul frsl
ness Of tie alibi set up-;he igrr c1u onb
er whether the alib as 10 time is
sonably made out for the facts ai
parties presence at a certain place
certain occasion may be all true and
I nesses may be mistaken as t1 time
the time and circumstances, AMI the y
sence at another place have been iep
iished. It is evidence Ike any other s'e
dence, and may be ,ull answer ~
charge. And even though NOT So I'd -
established, it may with other C..
the case if any are foIal raise rsl'
able doubt.
When an alibi is duly estl5iis'.i
one Of the most decisive defense
the evidence aliuceI to suppr
abb req1ires to b5 infinitely coH-ii
AMI the plea IS not conclusive uale@
circumstances surrounding it. show
it was impossible for the pris)las Al
have committed the ofsuse or unlcz
proof Of the alibi and the other f
the clse raise a reasonable doubt
To sustain this alibi, the defense ci
1st J. c. PJllacks slys-saw the
van boys, Mlrshtll an 4 Jlcs-ll ol
April at his hon3 in FIye.te u
PJllocks is brother-in-law Of >glu-
21L Joia D.nsnl-e stys-Jl,z
MIrsh Sullivan were a. his hone il
cite from 18Th April t) 18th. cs'ea-
Mrs. Dinsm)re's birthlty; a.I
hal Il lively purity sill be took
Salliyan, one Plul an a NJ. cos
to his house that night-Dinsu7r
5rother-inIIw Of Slllivlns Z 5lH
YOU will remember what relati1usi
lists. md =
3rI Joseph P4ul says hc s.7 'wag
ami M.rsli at Diusn1re's on Ii.h I
at the cele5rasioa-n0 relative s-9
Ash P. W. G)osenla says leg 80
Dinsmores on the l3th of April = 81
felst think he said the Sa.iraa' iet.sl
bis cousins anl that be was .h rieIh
flther Of TAsker. hey \
5th. Henry Sullivan O tr.a 'i'a''er
Marshall aal Jackson. sllI le Fls .'ol,7
birthday feast on l5.a April 40 A's,f
brothers were there. This witness -. -