The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1892-06-01
WHOLE NO. 2I31

asked me to get him shovel and 1 went
to the store house and told a lie to get
one for him. There wasn't much said up
to this time between INLAND and me but
/ saw he took me for green horn. When
we got onto a switch near Confluence /
thought we were on a double track and
asked INLAND what it meant. lie said
bad track When I saw We were on a
siding jumped of the engine and went
back the side track with my flag. l met
another hagman on the track who asked
me where l was going. l told him | was
going back to flag train. He told me
that the train was on the same
siding on which we were. When I got
into the caboose I told the boys there as
a Joke on myself how had been tagging
a train on a siding. inland spoke up
and said; don't believe you were ever
on 30 trips in your life. inland told me
would have to help him shovel coal. 1
told him | would if felt like il. At Sand
: Patch ne growled at me about turning the
time table. lie would not answer any
thing asked him and would not get of
Of the seat to let me pass. When We got
TO Yoder's Siding I opened the switch
and shut it after the train had passed in.
/ picked up a board and fixed it in the
cab for a seat as l knew INLAND would
growl about my sitting on his box. All
Of the coal on the top Of the
tank was Off l had shoyeled it
down on the way up. INLAND called to
me, come out here and shovel down
coal. answered, what, shovel coal for
a light engine. lie said it's your duty.
I answered, I guess not. You are paid
for sitting there are you, he said l an
swered, yes. He said you can't ride on
my side Of the engine. replied, !
don't see how you are going to get me
out Then he commenced damning me;
only laughed at his swearing. Hekept
I il up until l couldn't stand II; walked
toward the door and pulled of my mitten
and while was fumbling to put it into
my pocket the engineer said, put up
your gun, you don't need any here" l
never answered him, but leaped over
NiIand's seat told INLAND l did not
care TO be abused, that il was only an i'm
position for him - ask me to shovel coal
on light engine, that wasn't paid for
that business. What are you going to
do about it, he asked. If you don't
stop I'll have to make you, said. lie
called me bastard and had his pick up
raised. / slipped my hand onto my pis-
tol hilt; INLAND said III drive you through
the cab you sofa b.-I told him not to
beealling me names and said before you
drive me through this cab you Irish s.
Of a b-Tll make a sieve out of you. He
wanted TO know what would do it with.
He then raised the pick and said you bas-
tard, you sofa b., and came toward me
I started to retreat run against the seat
and as l couldn't get any further fired
inland was at the door; I stood in the
cab; didn't know what effect the shot
might have; when fired thought it
was a case where one ofus must die and
for that reason / shot at his heart, as
thought that was the place that would
have the qnickest action and keep the pick
away FROM him INLAND started TO falIand
Dougherty caught him; he fell on his
back Dougherty was looking for the
wound when told him think you will
see that he is shot through the heart !
pulled Niland's shirt off and showed
Dougherty where he was shot; Dougher-
ty said, you have murdered this man,
you have shot him through the heart
my answer was, 1 couldn't help it had
to Kephart said, you've killed your man,
how do you feel about it; said how
would you OF anybody feel he wanted
/ to know how I came to do it and told
him INLAND had called me names and
came at me With a pick he said if that's
so you could not help it and stick to il
there wele three or four others there be
side Dougherty and Kephart and they
must have heard what said how none
of them came to say 50 on the staLd
can't understand I shot because I
thought he was going to hit me with the
pick he could have reached me with the
pick and two feet past me-
did you think your life was in dan
ger" asked Judge Baer.
Objected to by Gen. Koontz.
This question caused prolonged argu-
ment participated in by attorneys Mar
shall, Baer and Koontz.
The question was finally admitted.
The witaess replied: did, in an
swer to the question.
Cruss-examiGation When l got into
the caboOse the conductor, a brakeman
aud the fsgrnan's brother were there
Don't know whether INLAND was there or
whether he came in there afterwards.
They all Laughed at the story told about
my tagging the train. INLAND said if he
had boy who would do such thing he
would throw him into the river. We all
I lAuetAc1 a. WHAT uS oetius tuO- A eDt oAl-lg
when inland told ne thst he would show
me something about railroading before
he got through with me. / don't know
whether there would have been any trou-
bic if had kept my seat in the cab.
don't know what inland would have
done INLAND didn't know that had a
gun and doesn't know it vet. What l
said to INLAND l said plainly and in a
way that any man could understand. l
told kephart in the presence Of Others
that shot in self-defsnse. l told only
what | was asked to that night. did
no, try TO slip away that night.
5. o. Fletcher sworn Am a conduct
or on the B. < 0. l knew inland; |
saw inland and Fuhref together on the
trip on the evening in question. This
witness corroborated Fuhrer's story as to
what occurred in the eaboose near Con-
duenoel was making out my reports
and said to the men; Here, now, boys
not 50 much noise in here or I'll lie <
both Of you.
Ali Of the conversation in the eaboose
was good na;ured. We were only joking.
Dr. J.. W. Carothers sworn: Have
been praeticing9 . years. If the wound