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

a fF-~-@fN.
Nine other witnesses were examined on
uniinportant matters, including officers
who made the arrests.
The dying declaration Of the murdered
man was admitted in evidence and read
to the jury. and a draif of the road lead
ing from Geistown to Berkey's and from
Scalp Level 10 Osborne cut, and draw
ings and photographs of the Berkey
home were admitted in evidence. At
$3.50 o'clock Friday afternoon the Com
monwealth rested.
THE DEFENSE.
Charles +. Uhl, Jr., opened the case
for the defense in "A fifteen minute ad
! dress in which he outlined part of the
testimony the defendants expect TO es-
tablish.
James Roddy was the first witness
called. The deviations in his testimony
from the statements he made at the first
trial are referred to above. lie denied
that he had ever been in Paint township
or had ever seen David Berkey, and de-
clared that he was not at Osborne cut at
the time sworn to 10y witnesses for the
Commonwealth. He said that he was
at home on the "a of June; between IL
and u o'clock John and he went to
Johnstown, stopping first at Carpenters
restaurant for an oyster stew and then
going to drug store on Beford street for
a bottle of medicine, and then TO Will
Jams tobacco store where they played
three or four games of cards with Muir
rays Peden and Allie Blough; from
Williams they went to another tobacco
store and about half-past three O'clock
started for home, passing on the way
George Carpenter, Mr.. and Mrs. Reed
Dixon, John Felix, Harvey Bagley, and
several other persons. John was with
me the whole afternoon. After supper
went to Bill Cooper's and not finding
him at home went TO Charley Arnold's.
Was at Fred Naugle's at 10 o'clock the
next morning; tore up counterfeit note,
| had gotten from a boy on the street in
exchange for a stick of chewing gum, in
Naugle's yard,
The cross-examination of the witness
continued until coart adjourned and for
thirty minutes Saturday morning. lie
contradicted himselfa number of times,
bat reiterated a number of times that he
had never been in faint township and
had never seen David Rerkey.
John Roddy next took the stand and
oorrohorated James in everything he
said except few minor particulars, and
declared that he was digging coal on the
morning of the Sd. Johns testimony
did not vary much from his statements
at the December trial.
Court took recess from 6:30 a. m. until
l:l5 p. IN. in order that those who chose
to do so might take part in the Memorial
Day exercises.
At the afternoon session Murray Peden
and George Carpenter gave the evidence
they did at the former trial. James A.
BlOugh, new witness, testified to hav-
ing seen the defendants at Williams
tobacco store, and witness named
D0ughlas testified to having been with
George Carpenter when they passed the
defendants at the p. X. II. bridge about
Mrs. Ella overdorf, whose testimony
is referred to above, was the most sensa-
tional witness at this session. In ad-
dition to other statement she fixed the
date June 2d, on which she had seen the
defendants, by an entry made in her
store book at the store of John Thomas
& Sons.
VIM. Snavely, clerk i'm John Thomas
& Sons store, was the first witness called
Monday morning. lie identified the
charge made in Mrs. 0verdorf's store
book as having been written by himself,
and produced check slip from which
the entry in the book had been made on
June ID. Witness had no positive recol-
lection of Mrs. 0verdorf having been at
the store on the day named, but depend
cd entirely ON the date of the check slip
for his statement Spavely did not tes-
tify at the first trial.
Josiah Waters, a Johnstown constable,
was another new witness. He said that
he had gone to the Berkey home on the
sth or 9th of June for the purpose of get
ting description of the robbers, and de.
elared that the description given him by
David Berkey did not tally with the
prisoners. Berkey, according to Mr..
Waters, said that the mask fell from the
face of the saldy-hsired man, whereas
Mrs. Berkey is positive that the hand
kerchief fell from the face of the dark
haired man, or James Roddy.
Mrs, Reed Dixon said that she had
passed the Roddy boys on the streets O
Combria city ON the afternoon of June I'd
She fixed the date by entries made in hel
store-book on that date at the Company
| Store.
Reed Dixon, husband Of the witness
above, corroborated his wife's statement
Mrs. Roddy. mother of the defendants
testified that her boys were at home OF
the night of the robbery. and was quit,
emphatic in declaring that neither o
them had ever worn the reddish-browr
hat in evidence, claiming that the ha
belonged to her husband.
| Mrs. Emma Lightner, sister of the de
PENDANTS, testified that she was with h el
brothers-James and John-on the even
II z of June 81 until after 8 o'clock at tn,