The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1891-09-25

the direction of Tommy Smiths, tina
Miner was in bed but got up and tool
his gun, and they started in the drec
tion Of Tommy Smiths, that they 60
to Aaron Smiths house and that Tom
my came to them there, and not ir
the field. That he did not 60 into
Aaron Smiths house nor have the talk
which Richard testified to. 1'ha,
Miner Smith gave witness his gun tc
go home with, and got the gun al
Aaron's, and that witness did not
That the three, Miner, Tommy and
witness started along the road in the
direction of Tommy Smiths house
which was also the home road of the
witness. That everything was quiet
until they were stopped by the Robi.
son party crying ''halt," that he fell
back three or four steps, and the firing
commenced. That he thought the
Robson party fired first, and that as
much as S or 6 shots had been fired
when he flung the gun off of his
shoulder and fired, that he saw no.
body when he fired, and as soon as he
fired he ran back along the road,
jumped over the fence, got into piece
of woods, and lay down there till
morning. That he did not see either
Of the Smiths for sometime after and
did not hear any one had been shot
until the Wednesday or Thursday fol-
lowing. That he did not see Richard
Smith the next morning about 10
O'Clock nor at any time, and did not
have the conversation detailed by him.
That he did not see nor tell Richard
Hess the story related by him, nor did
he even tell Samuel Kanouse the
story testified to by him. That he
had never left the county on account
Of the shooting but had been logging
on the West branch and with a sick
brother in the west who died there,
when he had returned home and had
been here ever since.
Cross examined he said he was at
the shooting, had Miners gun, rifle,
that he fired after the rest, and ran
off into the woods, that he remained
at home 6 weeks>or 2 months then
went up to Centre county with Others
to lumber, that in January 1865 he
went west and stayed with brother
year and five days, then came east,
and stopped in Michigan about S
months and then, August 3, 1866 re-
turned to Columbia county, where he
had been ever since.
John J. McHenry testified that he
remembered of the shooting, that the
Smiths left after the shooting, and
upon the return Of Tommy in 1867,
he talked with the witness about it.
He said Tommy told him he had got
tired of being harrassed and driven
about from pillar to post, that on the
night of the shooting the gun he had
was loaded with a ball and three buck
shot, that they all fired and ran and
that he staid in the woods all night.
Cross-examined he said he had
never told this to anybody, that Tom
my had given him this in confidence
and he would not violate it, and that
it was only the present circumstances
that induced him to tell it now.
Charles Hartman testified that he
lived 6 or s miles from the place of
the shooting, and that Ellis Young
came to his house on Sunday between
10 and II o'clock and took dinner
with him. That he did not know of
the shooting and did not hear of it for
several days, Wednesday or Thursday
after.
Philip Greasy, Henry Shaffer, Rohr
McHenry, Lewis Creveling, Abijah
Hess, Benton Cole, Abram Kline,
Charles Hartman testified to the good
character Of Young.
Defense rested.
At S o'clock Judge Rice began his
charge to the jury. After some pre-
liminary remarks, and defining the diff
ferent grades of murder, and man.
slaughter, he said in substance:
1t is the duty of the jury to decide
first whether the deceased came to his
death from the gun-shot wound.
1t is not necessary to prove that the
defendant fired the fatal shot. If he
was in the crowd from which the shots
were fired, and aided and abetted them,
he is responsible, even though the bull
let from his gun did not inhict the
wound. Should the jury find that the
defendant aided and abetted as above
mentioned. they must then inquire in
to the circumstances attending the
commission of the crime.
Referring to the plea OF self defense
advanced by the defendants counsel,
the judge said that every man has the
right to defend his life or property
against grievous harm at the hands of
another. There is no testimony in the
case to show that Robson or his party
had any authority to surround the
house of Thomas Smith or any OF the
others. But conceding this it did not
iuct;fv tl,a tafapdopt II, tatino IN tho