The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1896-12-23

The Commonwealth next called Gill
liam Seese. Mr.. Sarah Statler, Lille Rid
die. Garrett Ream, Mary Small, Samuel
Allison, John II. ShafIer and George
Hays, in order named. All Of these wit
points between Scalp Level and David
Berkey's and that they had seen James
Roddy and companion, sometimes his
brother John and at other times Richard
Jackson travelling in the direction of
David Berkey's on the night preceding
the burglary. Some of the witnesses
| identified John Roddy by his red com
plexion and light colored hair. and all
agreed as To the hats they wore. Two or
three of the witnesses. also, testified to
having seen the defendants passing along
the road IA week before the robbery.
JANE LoHR, Affirmed.
Live in Jenner township have known
John Roddy since he was small boy.
Had a conversation with him about 18th
or 18th of June last about the Berkey
robbery, whom he told me that his broth
or Jim had been arrested and was in Jail
and that he understood warrant was
out for his arrest. He said the horses
were fed before this was done.
JACOB KNAvEI, Affirmed.
Am a on-in-law of David Berkey
live about so rods from his home got TO
the house between and o'clock on the
morning of the robbery. After daylight
found that horses had been tied about
IL rods from the house on the public
road oats on the ground indicated that
the horses had been fed the ground was
tramped up. 1t was ON the public road.
Followed the tracks made by the hor. es
10 point miles below Scalp Level and
about miles from Berkey's, where we
lost the trail.
WM. J. HoRNER, Affirmed.
Was a tenant on the David Berkey
farm in May and June last when went
to my stable about six o'clock on the
morning of the third, found the door
open and the leather fly-nets lying un-
der the overshoot two straps had been
removed from one of the fly nets two
bay horses, one saddle and a blanket had
been stolen; one of the horses had a
.'club foot and it was easy to track them
down TO Berkey's where the ground in
dieated they had been tied F; later tracked
them To point beyond Scalp Level
about 200 or 800 steps from the road at
this point found saddle, brides and blan-
ket in an open field; this was near
Baumgardner's the horses had been
turned into an open field on the opposite
side OF the road il is miles from Baum
gsrdner's to Johnstown by the public
road, and about , miles TO Osborne sta
ton, on the q. a o. Y. r.; saw the straps
| which had been taken from the ly-net
the same afternoon nj Berkey's; took
them home with me afterwards gave
them to Ed. Levergood.
No cross examination.
ROBERT IIERDMAN, sworn.
Live in Dale borough, Cambria county;
am clipper in Johnson 81 Cos Steel
Works, AZ MoNham it is about u miles
from my home TO the works by way of
the y. & o. II. r.; on the morning of
June 3D. left home about 10 minutes
after 8 got on the track and walked 10
Osborne station; the GGdt.er whistle
bowed for hslfpast here; saw the
Roddy boys and Richard Jackson on the
river bank AT the end Of Osborne cut
have known the Roddy boys for or g
years ard jackson for Is years bid them
| the time their clothes looked dusty.
Cross Ex.-Did not notice their cloth
ing particularly had not seen the
defendants for several years before.
EDWARD HoBNER, sworn.
Witness said that be saw two mon on
the morning Of june 81 standing on the
bank of Osborn cut thought they re-
semblcd John Roddy and Richard Jack
son described the clothing they wore.
~ 9:i5 Saturday night court adjourned
TO meet at $50 O'Clock on Monday NOM
ing.
MONDAY MORNING SESSION.
L. W. Homer was recalled by the
Commonwealth at the opening of court
Monday morning and testified in regard
To the character of the ground at Osborn
Station. which he said was thickly stud
ded with willow underbrush.
Lewis Shafrer testified thas he had seen
! James Roddy about O'clock on the eve
ming of May 9th, a short distance east OF
Scalp Level. Witness identified brown
| slouch hat shown as the one worn 10y de
| fendant. Never saw defendant before.
VIM. VI. Schrocll. Of Somerset was the
next witness called. Witness had made
a survey OF the road between Geistown
and Scalp Level and of the road from
| Berkey's to Osborn Station. He present
ed a map of the country mentioned,
which was admitted in evidence. The
theory of the Commonwealth is that the
defendants followed the public road from
| Geistown TO Berkey's on the night of
June 2nd that they stole two horses
from the barn of William Horner before
visiting the Berkey home and after the
commission of the crime rode to Baum
gardner's, near Scalp Level, where they
abandoned the horses and took short
cut across the country to Osborn Station.
| The ground between Scalp Level aud Os-
born is all open and by travelling that
way the distance from Scalp Level to
Geistown is shortened by about FIVE
miles Witness also produced map of
the Berkey and Horner properties, and
sketches of the Berliey house and floor
plan, and photographs ofthe exterior of
the house, all of which were admitted in
| evidence.
JACOB WISaARD, Affirmed.
Witness corroborated the evidence of
his wife and Miss Hershberger in regard
to James Roddy carrying crock of milk
from his house to the barn, W here two
other men were waiting for him, on the
evening of June Pad. On cross-examina-
ton witness was quite positive that the
SLOUGH hat in evidence WAS the one worn
by John Roddy.
JACOB KNAvEL, Affirmed.
Witness said David Berkey was 67
years of age had frequently assisted him
to count his money; about two weeks
preceding the robbery BerAey had given
him $500 in currency and bank certiii-
Gates, from slG0 to SiS1 were in currency,
there Was a Confederate SO bill in good
condition in Berkey's pocket book; he
had it for more than - years; it was in
good condition, green on one side and
yellow on the other.
On cross examination witness said that
he knew it was a Confederate bill, but
was unable to say what was printed ON it.
SAMUEL 4. WEAVER, Affirmed.
Am a son-in-law of David Berkey's !;
saw the contents of Berkey's pocket book
about two weeks before the robbery when