New-York tribune., 1896-01-29
MGOUGH'S REAL CONFESSION.
1T is THAT HIS CONSCIENCE TELLS HIM
HE KILLED ROBERT ROSS.
F1LMsY CHARACTER OF THE DOCUMENT BY WHICH
BAT SHEA's COUNSEL. ARE TRYING TO
SAVE THE MURDERER's IIFE-THE

"RAT., suEAs COUNSEL. ARE TRYING TO
SAVE THE MIRDERER's IFE-THE
HEARING AT sCHoHARIE.
| Trov Ian S-The hearing the application for
new trial for Bat Shea began at Schoharie at
| 10 O'Clock this morning. before Judge Mayham in
Speclai Term Supreme Court. The courtroom was
| crowded Many Of Shea's friends and part of the
| Citizens Committee Of Troy were present Galeh
r. Hit and John +. Norton appeared for shea.
! George Raines and Dstrct-Attorney Pagan oi
| Rensselaer, County. represented the people
| Mr. Hit remarked that his side desired TO nave
| a decision reached before February 4. Judge May
| ham stated that in the event of a decision not
being reached by that time. recourse couu DE ha'
10 the Governor whose action had permitted the
| case to come before the court
| Mr. Norton then began the formal argument for
Shea one Of the strong points made By the defence
was the fact that the crowd headed by John H.
| Boland chased McGough after the shooting ighoi-
| ing Shea 1t was argued that the crowd rushed past
| Shea as he leaning. bleeding against a WALL
In eager pursuit of McGough. hrins al MN" aS nv
ran I, was also asserted that John Ross pointed
ont NcGough as the slayer Of his brother ROBERT
| and directed the crowd to follow MIN. Shea was
| allowed 10 20 unmolested The further argument
was made that up to the time Robert Hoss rushe'
up the declivity from the gully and fell the VII
nesses on both sides gave testimony consohiht
with the confession of McGough The idea OF
fastening the crime on Snea' IL was a's"eu' ""'
| an afterthought.
| Reference was made TO the alleged coaching OF
! witnesses in Frank Blacks office further II "a'
| pleaded that McGough's actions at 'he '''ie VI ~"
| trial were TO save himself he firmly believing tha'
! Shea uould no; be convicted OF crime whlch ne
himself had committed. 1t was only al 'le e'e'e
| hour thai he confessed and placed himself In peru
a. death to save the life of Shea.
The brief ot the prosecution was exhaustive Gov
ering 94S pages Of printed copy. After REVIEWING
the afidavts made hy McGough in chntoh rriso"'
the brief goes on to show that the evidence OF NC
Cough on the trial OF Shea contradicfed direc'S
every new fact now stated by him az 10 MS posi-
ton Ross's position and the shooting OF hope''
Ross by him. The evidence was READ 10 sho" '"a'
NcCough expressly denied that he shot hoss VI
had any encounter with him. Attention was a'So
called 10 affirmation that he was not IN th- raNe
with Robert Ross and that ne was ho' oe"'"u
Ross n,
Dlstric;-Attorney Brrngame. who was appoh'eu
nv Governor Morton. took McGoughs = cohiesS'o" III
tho case and made a long report TO the "oNe'no,
This report shows that McGough Is not sure "''.'
of the four shots fred-one by himself anu tiiicT =,
others-k.lled Robor; RosS. but McGougn SdHs a,a
his conscience tells him that his shot kiien
"V.ho, lI, Rurlingame and Deputy \ ttorne!
orai ~ wUashrouck first interviewed Mcciongh al ,ne
prison the latter si%'ee Rosr p9Sl'FEo Fos T This frs
arrni,ation al lasted three hours. McGough was th,'
eit aJre Tr RHrlingame examined the Warden Of ihe
prison and other officers ana Keepers iUs onV col
nsion on their part with McGoush regarding ms
eleven,h-hour confession sr AS so0n as Buriingame
again upon McoUsh at his III bs cell saed rhe hat
had become calm. and seemed seem 10 s,ddeniy became
the 9raea ne tbe VIA fact that Mr. Burngame was again
Win him RefSTe %r the RTisansf asked asa him
How do y21d 2d kH3% RnEsr, '9a, Rosss i1"a''' '' ''
sn9T ga don't know only from what he claims
How YOU know but what some erad oa 'rs me sho;
men in the melee, fracas. may have hred 'ne s"o'
| that killed him. 49,. xo;,,"
How TO my conelusSn on a ,na' p POM ,he other
| men fired the shot that killed Robert ROSS?
THAT / do not know.
"Now, wait a moment =. .,..r ,.o,,
Now. you must give me cha"o' ~ "''"'' 'O'
VERY we'll" ...,.. ,o, IL
Nov in respect to that hTst question how r, 90 10
know Boland did not shoot nTIr c,asd 20 have blank
cartridges; / came 10 the conc usloh 'i'a' II "''
""I "Do von mean 20 say anything more than TO ex-
press an opinion to what bullet caused the dea'h
=" WV / feel perfectly satisfied 1t mine"
"Do you mean in your confession mat the wiy, n,.
bartholomew Shea fire the shot into the head o,
Robert Ross gave untrue or mistaken testimony OF
wen, / should say they were mistaken words OF
! that YOU may not be mStakcn about it,
| well. my conscience tells me that did. must must
/ be pretty sure. then, when man conscience ''e"S
M" The s sGavt of McGough as first presented hia
signature contained the open statement that he
| killed Ross After Mr. Burlingame's second inter
| view with Mc(iough, however, when he took the
| latter unawares the following two sentences were
added 10 the affidavit
! Il cannot tell whether the shot ! fired the
first second or third Of the four shots ] know one
Of the four shots fired after | fired. can't
tell whether IL was the first second third Of these
/ four shots that hit Robert Ross in the head"
/ A number of aff1avits recently made before
Mr.. Fagan were introduced. Deputy Sheriff William
Even that the reputation OF McGough Is
that OF unprincpled. unscrupulous and desperate
man, and that he is not entitled 10 or worthy OF
/ credit or belief Affidavits OF many other citizens
,orroborate this evidence.