The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-06-02

ceipt she had received on payment OF a
store bill. Attorneys for the Common
wealth examin ed Mrs. .ovordorf at length
but were unable 10 tanglc her mp. She
| declared she had received the reeeipl
| from a man named J. NJ. Williams, who
clerkad i'm store at Mechanicsburg, In
diana county, PA. She said that the
bill had been due for several years fol
baby clothes She met Williams at the
Johnstown postoifice by appointment
and paid the bill, when he gave her the
receipt produced in court. Witness does
not know where Williams is at present.
JOHN AND jim DON'T AGREE.
When John Roddy was cross ss-examined
Saturday morning he was more in line
with the testimony he gave at the first
trial than his brother Jim. only differing
with Jim in regard to the amount of
whiskey and the amount of money they
had to buy it with on the afternoon OF
June 2I.
DETAIL OF THE FAMOUS TRIAL.
At the opening of court Thursday
morning. L. C. Colborn, ESD, opened
the case for the Commonwealth. He de-
tailed the assault on David Berkey on
the night of June 81, 1896, and vividly
pictured the brutal and barbarious treat
msnt the robbers had inflicted upon their
aged victim. Continuing he outlined the
evidence the Commonwealth was pre-
pared TO submit and concluded by saying
that they would expect the jury to rem
der verdict of murder in the first de-
gree in accordance with the evidence.
Mrs. Caroline Berkey, wife of the mur-
dered man, was the first witness called.
She was examined through an interpre-
ter, John o. Kimmel, Esq. acting in that
capacity. The witness story of the out
rage conflicted bat little with her testimo-
nv on the former trial. This can also be
said of nearly all the witnesses who have
testified with the exceptions noted above.
Mr.. KooserSrew from the modest old
lady the whole story of the robbery and
the cruel torture of her husband. She
said there was nobody at home on the
night of the 2d of June, 1896, but her hus-
band, daughter Lucy and herself. They
retired about 8 o'clock, Mr.. and Mrs.
Bsrkey occupying separate beds in one of
the three rooms on the first floor of their
dwelling, and the daugher sleeping in an
upstairs bedroom. The witness locked
the door before retiring.
She said the door was broken
open between II and o'clock when two
masked men entered; they lit piece OF
paper with a match aud came into the
room where we were sleeping; each of
the robbers had pistol in his hand and
their faces were concealed. all but their
eyes, by red handkerchiefs. The old man
asked them what they wanted and they
said money, by God, and we'll get it,"
They bound him with leather strings tax
en- from ly net; they took the money,
some bills and change, from the pocket
books and tore one of the books up: then
they took him into the ali Dining room
and tied him in a rocking chai.; then
they examined the clothing u! his bed
where they found some more money;
they presented pistol at my breast and
demanded more money; then they took
me to the other bed and tied me TO the
bed; they exposed my person and search
ed The bed / had been in. When they
found they could not get more money
they began to torture the old man and
demand government bonds, but there
we're none: then they examined the desk
and papers and threatened to burn the
house, and Berkey said they might burn
it as he had only one time to die; they
burned him with a tallow candle, lamp
with the globe off and with pieces of pa
per; they struck him on the mouth until
the blood run down over him and his lips
were SWOLLEN up next day; they burned
him on the feet clear up over the ankles
and they were 50 badly burned they
would not heal. Then they went away
but came back and burned him again. L
could see him from where | was tied.
There were two men in the house-not
over An hour. After they had burned
the old mans feet they got food and milk
and placed it on the table and after eating
they left. They blew the light out be-
fore leaving. After while | suggested
10 my husband that he could reach his
pantaloons and secure his pocket knife
and cut us loose, which he did. After a
long time got a IN atch and lit candle.
he was unable TO 60 for the neighb)rs on
account of the burns on his feet, and l
went to my daughters, Mrs. jacob Kna-
vel, who came back to the house with me.
The men brought clabs into the house
with them, depositing one on each bed.
IL of
were tied on the robbers faces.l The
handkerchief came oil ones face just be-
fore they left and the handkerchief was
left in the house. ] sas the man when
the handkerchief came off his face and
have seen him since. lie is in the court
room now. (witness points to James
ROddy.) Tie is the man; his name is
Jim Roddy. They tied handkerchief
over my husbands mouth, and ! thought
they would choke him and called out:
Don't kill the old man." The whole
sOles of his feet were burned over and
burned clear up over his ankles. | saw
Jim Roddy on the 2Ssh of May, 1896. He
came 10 our house little after dinner
time and asked for something to eat
there was another man with him-Rich-
ard Jackson. The night of the robbery
one of the men wore a reddish brown
hat with the rim turned down. (Witness
took the hat and showed how the rim
was turned The man that WAS in the
house with Jim RDiiy that night was
smaller and thicker man. | noticed his
voice. Ny daughter died IL days after
the robbery, and before that the officers
had brought Jim Rodjy there TO he iden-
titled. know John Roddy by his size,
his thickness, his voice and his hands.
(Witness identified straps, sticks, and
the handkerchief which she said fell
from the face of Jim Roddy and which
she found on the floor, the hat and other
articles offered in evid sncel.
1t was developed on cross-examina-
ton that the witness has very good sight,
she having looked across the courtroom
to the clock on the wall and remarked,
at is ) minutes after II O'clock" She
said that she would be 20 years old to-
morrow, Friday, May 2Sth.
A comparison of Mrs. Berkey's testi-
mony with her statements at the former
trial show little, if any, deviation, the
notable exception being that she was
more positive i'm her identification of
John.
The exact order of procedure at the
former trial was not strictly adhered TO,
and the following three witnesses were
called for the purpose of establishing
that David Berkey's death was wholly