The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-10

Briggs released his gun to Mah0ny.
District Attorney Ryan expects to close the
case for the Commonwealth by Tuesday even
ing
f. C. WAGNER
sworn; l reside at Girardville. I am a
member of National Guard and am captsin
of Co. f, 9Th regiment, located at Girardville.
| am the custodian of the arms and ammuni
tion issued to that company. / was at home
on the night of August plst, last john
| Briggs is a member of the same. No one
called on me on August 2lst to ask the use
of state rifles. The number of John Briggs
in the company is 30. l recognize the rife
shown me and marked "F' and "3O' as the
one belonging to Briggs. l recognize it by
the number. The rifle is a state piece. 1t is
a Springfield rife, 45 calibre. The shell
handed mo is of the kind of ammunition that
would be used in that kind of a rifle
Mr. Brumm stated that if the Common
wealth would make known its purpose the
defense will admit what was intended to be
proved
Mr. Wagner continued The state fur
nishes the ammunition or shot for our com.
pany. The she'll handed me is of the charac.
ter of ammunition furnished the company.
! The ammunition is issued to members of the
company on special occasions, and when they
are required to 60 out on rifle practice On
other occasions it would be in charge of the
quartermaster sergeant, w. B. Parker.
didn't give Briggs permission to take that
gun with him to Gilberton on the 2lst of Au-
gust, last. The company, and no part of it,
was not on duty ON the night of August 2lst.
CROSS EXAMINATION.
We are in tina habit of allowing men whom
we consider responsible to take guns home.
The rifles are safer there and are kept clean.
er. Cartridges are issued to members for rife
practice and allow members in whom we have
confidence to have the cartridges, to en-
courage rifle practice. The state encourages
it.
Mr., Wadinger; "What position did Briggs
hold in the company
A. He was a corporal. He was good
man and good citizen and was appointed
corporal of the company.
ZEN. REPRESENTATIVE JAMES BRENNAN,
of Wiggsns, called and sworn He testified.
l was in East Gilberton ON the night Of Au'
gust 2lst, last. When the dinkey came up
saw Amour and others on front Of the car,
heard Amour use remark about Il de-
mand protection from the Chief Burgess ol
Giberton borough to relay this track
Some person in the crowd said "You cannot
lay this track to night" l didn't recognize
the party who used the expression. The ear
had pulled tothe end of where the track had
pulled some. Some person made the remark
that they were blocking the crossing. They
pulled the car back little. I stood in front
of the dinkey, talking to a friend, and as l was
in the act of leaving from in front of the
dinkey man came out Of the diukey, and
on to the platform, ] should have said, some
person in the crowd said Homestead" and
another said, "where are the Girardville mil,
iary" A person from the inside of the car
came out on the platform ON the south side
and reached the gun over the dash board and
said, Here is one Of them, damn you" and
fired at the same time / saw some person
fall in the crowd. Who it was | don't know
! saw person grab the musket Immediately
after the man fred The man fired from the
dinkey with rife. could not identify the
rife 1 recognized who fred the shot, but
did not know him, 1 recognized the mau
when came into the court house. He wa
the prisoner at the bar. The person fell in
front Of the dinkey, close TO the south sid,
of the rail. l didn't know who he was
never saw him before. AT the time tn,
shooting took place when Briggs areC
the shot, person standing on
in front of the dinkey pulled out revolver
and fired at Briggs head. l was under tn,
impression that Briggs was shot in the fore
head. Immediately or about five second
after Briggs shot and while another person
had hold Of the barrel of Briggs gun a mar