The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1892-06-01

Fuhrer; didn't hear Fuhrer say that
he shot in self-6efense while on the Ell
CINE the hagmsn generally rides on
the left hand side Of the cab and that
where Fuhrer was; it is not the duty Of
the hagman to help pull down coal q
very short time before the firing I heard
INLAND call Fuhrer a b-s-of b
when Fuhrer told inland that he would
not advise him to attempt 10 put him
off, it was then that inland came for
ward with the pick; when Fuhrer was
asked about carrying a revolver he SAID
| have carried it for or no years;
heard no one taunt Fuhrer that night
they might have been quarreling and
would not have heard them; design Of
an engine shown witness3 he said it
was not similar to the one on which the
murder took place The witness here
described the engine as fully as possible
Redirect Examination-Isa said 70 Fuh-
rer You didn't have any trouble on the
engine before this, and be replied the
trouble commenced in the cabOose, I"
when inland called Fuhrer a s-Of a b.
Fahrer called him an Irish s. Of b.
testified before thecorOnor'sj jury;
said that saw inland when he was shot,
since then l don't believe that ] did
II. NJ Kephart, sworn: Live in Con-
nellsville; am a locomotive engineer on
the morning Of March lst Was on en-
CINE No. 562 on the Pittsburgh division,
&O.R.R. My train was on Yoder's
Siding. Dougherty's engine pulled in
after me on the siding. Iwentto Dough-
erty's engine and saw the fireman breath
ing his last. / saw Fuhrer down on
the main track about two minutes after
this. asked him if he realized what he
had DONE lie said, 4 killed that mlD'
l said, you hal better give me your re-
volyer' did not hear his reply, bat l
did not get the gun Niland's body was
put in the caboose Of my train and Fuh-
rer rode on my engine to lockwood.
Joseph Hartley sworn: Live at Con-
nellsyille; am q passenger conductor.
On the lst and 2nd of March I was con-
ductor of the train on which Kephart
was engineer. | was told of the murder
while on my train at Yoder's Siding. l
went back to Dougherty's engine and
saw that INLAND was dead. l sent a mes
sage TO lockwood to have an officer at
the station to arrest Fdhrer The only
conversation l had with Fuhrer was
while on the way to lockwood when he
asked me to collect his time at Connells-
Vile, as he owed his landlady there and
he did not want to beat her out Of her
pay as he said he might hang on this
case.
No cross examination.
Anthony King sworn: Live at Con
nellsville; am alocomotiye inspector.
know No. 4S3 on which the murder took
place. This model here is fair repre-
sentation Of that engine. The witness
then gave a very thorough description Of
the engine from the model, and the mea-
surements of No. 4s3.
William INLAND sworn; live at Con-
nellsyille; am brother of Michael Nj
land, the man who was shot. l saw my
brother at lockwood after ne was dead.
1 was present atthe inquest and post NOR
tenn examination.
DR.. Masters sworn; Live at Rock
wood. l made a post moTtem examina-
ton of the body of Michael INLAND and
found his heart had been perforated did
not find the bullet, but am satisfied that
that wound caused his death.
No cross examination.
James Emery sworn. Live at Con-
nellsyille; am supervisor of trains and
engines; have had 2S years experience
This witness corrobOrated the testimo-
ny of Anthony King, who gave the mea-
surements of the engine on Which the
tragedy occuued
Fred Dupont swcrn Am constable
of lockwood. Iarrested the defendant
on Kephart's engine at lockwood sta
tion. l asked as soon as the train pulled
in, where is the man who did the shoot
ingg Kephart slid; Here heis,' point
ing to the defendant. Where is your
gun, asked. The defendant handed it
to me and said ne wanted to give him
self up. (Revolver exhibited. This is the
revolver. 1t had recently been fired off.
1t is fye-shooter. Four cartridges are
still in it.
Sheriff Good identified the revolver as
the one given into his custody by Con
stable Dupont.
DIR. Masters was recalled and testified
thata cartridge such as was used in Fuh-
rer's revolver would have made a perfor-
alton such as was found in INLAND S
body.
J. G.. Extine sworn: Live at Connells-
Vile; am fireman / was on Kepharts
engine, No. 562, on Yoders siding on the
night of March lst; No. 4SS was ahead
of us on the siding Dougherty told Us
of the shooting and went back to his
engine and saw Niland's body met Fuh-
Terat the head Of DOugherty : engine, he
said he would give dimself up; asked,
my God, why did you shoot this NAM
he answered, the fireman was imposing
on me al night; Fordish then told me
that inland came towards him with a
pick and called him a s-of a band a
band told him that he shouldn't ride
on his side of the engine, AMI that when
he kept on calling him names be shot
him when he looked up from where he
was digging.
Joseph Dougherty recalled Witness
explained how the iengineer's and ire
mans seats are attached in the cab Of an
engine.
The idea of this testimony was to
show how easily the fagman could have
escaped from the engine had he wanted
to.
CASE OPENED FoR THE DEFENsE.
Ex-Judge Baer opened the case in be-
half ofthe defense. He declared that the
commonwealth had adducedsuch tesiimo-
ny as made it impossible for the jury to
bring in verdict of murder in either the
fntos second degree ard the only question
remaining was whether or not the de