The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1891-05-27
mot GUILTY p.
The Jury in the Edward Shipper Trial
Render a Verdict of AcQuittaI.

When our report closed last wee
the trial of Edward S. Shipper Jr
for the killing of Joseph w. Say. wa
just begun. We gave the names {
the jury on the case, aud the attorney
employed on both sides, and furthe
along will be found as much of III
testimony as it is possible for us {
accommodate.
THE VERDICT.
At 11;45 Saturday forenoon Judg,
Noyes finished his charge to the jury
occupying about one hour in its deliv
cry. 1t was a clear and impartia
charge against which neither sid,
could find any objection. The jury
then retired, and at 2:20 p. M. came
into court and announced that they
had agreed upon a verdict of mot
guilty" 1t is said there was bnt one
ballot taken in the jury room, result.
ing in the verdict as above recorded.
THE TESTIMONY.
Following is the most important
testimony adduced at the trial, which
we have endeavored to give as fully as
our space will possibly admit:
DIR. Brewer, of Darlington, was the first
witness called. He testified On the Goth
OF December, about 20 O'Clock in the morn
ing, L received a call to go to shipments
MINIS, arriving there three quarters of an
hour later; went direct TO Shippen's store /:
when l went into the store I found a man
lying on the floor dead, with his feet toward
the door, the body was growing cold I:
saw bullet holes in the clothinr: saw
a bullet hole in the coat two and one-half
inches above the right nipple, betv cen the
right nipple and center of the body. He
was attlred in a Mackinaw shirt and pants.
Inc body was lying on the back. L saw
another bullet hole on the right shoulder.
| saw another bullet hole on the LEFT side
of the shirt. There were two bullet holes
here, showing that the bullet passed
through. l made no examination of the
wounds at this time. There were no
powder marks about the hole IN the breast.
Inc cloth was burned about the bullet
hole on the shoulder. The hole abont Tho
~ '", bnA hCu' 4 lbullQ evidence OF hui
let marks in the shelf of the store saw
where the bullet struck the shelf and
candy jar; l took ii from the lar. There
was an inquest held that evening, l
was a member of it. DR.. A. f. Stone
clpher was coroner. We found the
left it. We removed the Mackinaw
shirt and a red undershirt; / dis
covered a wound neal the right ninnlo
corresponding TO the hole in the shirt; |
prooed the wound, and found the bullet
mad entered between the third and fourth
IiD IN the 'front.'; it came out about the
hlnth RIB in the back, there was no powder
maks about this wound. The marks around
the wound in the Siloul.sr were nowder
burned. The third hole in the left side of
the clothing made nc mark on the body.
l founda an injury between the shoulders
AT the back; the flesh was blackened; could
not probe it successfully; did not find the
ball. The injury at the nipple was a fatal
not; the one at the shoulder would not be
fatal; the wound on the back of the neck
would prove fatal. discovered the mark
of a gun shot about the face, the whiskers
were burned with the powder; this mark
extended across the cheek, and there were
marks of powder on the ear. az would
Judge from the wounds that the revolver
was a large one. The bullet cut out was n
II calibre.'
DR.. A. L. Stonecipher testified to the
fact of the examination substantially to the
same effect as the previous witness. and
SAID on crosS-eXamination: 1 did not
notice the holes in the shirt at the side.
My opinion is that the ball that entered
the back between the shoulders, was the
fatal ball, because that is q fatal point.
After the first shot went through the body.
1 don't believe the victim would be able
to make any stuggle.
nj. G. C%arringer was called next by the
Commonwealth. He testified to the pow
der marks and also to finding bullet marks
on the candy shelf.
James Say, a brother of the deceased
testified; Myself and brother worked for
Mr., Shipper in December last. The morn
ing of December 20, l went ont to work a
little after 9 O'Clock; first saw my brother
at the upper end of the trail, a little before
o'clock; Mr.. Frazier was there. Mr..
Shipper said, "Why did you not get out
earlier?p My brother said, ''This is as
early as l ever get out" Then Mr.. Ship
pen said, well, hereafter you and every
man IN myemploy will work from 6 until
g." Wash said. ~ will work for no man
from 6 until g." Mr.. Shipper said, 'WeIl,
you VIII and every man that works for
me- My brother said, "Well, l will
Mr.. Shipper said, "Do you mean to call
me a $ of b-?' My brother said, "No,
did not call you a 8 of a b, but if the
shoe fits you can put it on. Mr.. Shipper
shd; OF don't suit me-" "All right"
said Wash, "you can give me my time"
= Come up to the camp said Mr.. Shipper,
land | Will give you your time" Mr..
Shlppen went away; so did my brother;
the next time saw MIN he was dead in
Shlppen's store; l was present at the in
quest; after it was over we dressed aim.
laid him in the coffin and took him TO his
home, about one and one-half miles from
Shlppens; he was married and had one
child; after the clothes were cut from NV
brother, took charge of them; the shirts
l placed in the satchel and kept them i'm
it until | brought the satchel TO TiOnesta:
my brother was born December IS, 1856;
he was . feet, ia inches high in his stock
ing feet; on Christmas day he weighed l5l
or l52 pounds; we were weighed that day.
Mr.. Adams testified: L live il Claring-
ton. l was working for Mr.. Shipper in
the woods the morning of the tragedy.
wash Say came 10 work about Z o'clock.
Frazier was with him. Shipper said s'vou
are late" Say said "well il | am too late
10 go TO work, il is never too late to quit
A right, | have money TO pay YOU"
said Shipper. Then Say picked up his
tools and started away, saying II can 90 to
work now and make a day for any son Of
u" Mr.. Shipper said "dO YOU mean
me?" several times. Say said 'if YOU
want TO take it that way" Say stopped
there, lay his tools down and then Went
away. Cross-eXamined: There was one or
TWO wagons waiting for logs. The morn
tng is the best time TO load logs.
y. NJ. Martin testitied: L was in Shippen's
store between s n 10 o'clock the morn
ing of December 20; Edward and Frank
ShipPen were there; l sat down on the