The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1900-06-14


blood, and there was hair ON it
/ that cOrrcSponded in color with
McBurney's hair. Rice travelled
all night No one saw him until
daylight next morning. At Mrs.
Defibaugh's tavern, now "The
Willows" three miles east of
Bedford, Samuel West, who was
travelling on horseback, overlook
him, and the two travelled togeth-
er westward. West stopped in
Bedford to transact some busi-
ness. He rode up the "front
street, while Rice took the "back
street" and passed through the
town without a pause. He was
finally arrested near Connellsville
in Fayette county, and was then
brought to Bedford for trial.
The trial of James Rice was be-
gun on Wednesday morning, Jan
uary 26, 1S42, and the verdict was
rendered on Saturday night, Jan
uary 20. The commonwealth was
represented by District Attorney
William G. Logan and G. Ii. j.
Pigman, a young Somerset law
yer, while the attorneys for the
prisoner were John A. Blodgett,
one of the ablest members of the
Bedford bar, and John r. Edie,
of Somerset, Judge Thomson
presided. On both sides the le-
gal battle was fought with great
earnestness. Blodgett was then
in his prime, and his plea for the
friendless prisoner was one of
the ablest addresses ever deliver
ed before a jury in this county.
The evidence was purely circum-
stantial. The blood stained club
was of course very strong link
in the claim. Several of McBur-
ney's possessions were found on
Rice's person, even to articles OF
clothing, while Rice had more
money than Ricket paid him in
wages. A bill on a state bank of
Indiana was identified by Ricket
as one of the bills that he had
paid to McBurney.
On the part of the defence il
was claimed that Rice and Nc.
Burney were warm friends and
that they never had a quarrel.
Their possessions were mingled
on this journey When they
reached Rays Hill McBurney was
so tired from walking that he in
sisted upon waiting for stage.
Rice said he would continue the
journey on foot and would join
his companion when the stage
overlook him. He had used the
club for carrying his budget,
but found it unsuitable for the
purpose and threw it away wher
he parted with McBurney. He
claimed to have come into posses
sion OF the surplus cash by win
l ming it at cards from some mel
they fell in with near Harris
burg. AS to Ricketts, identified
ton of the Indiana bill, the de
fense held that it was simply {
| mistake. The commonwealth
| showed that stage after stage hat
passed Rice but that he had made
no inquiry for McBurney. The
charge Of the court was favorable
to the prisoner. After deliber
, ating for two hours the jury rem
dered verdict of guilty.
On the following Monday morn
ing motion for a new trial was
, made. "After the argumen
closed, says the Gazette of Feb
= ruary 4, Judge Thomson init
: mated in very feeling, patheti'
and touching manner that th'
r motion could not be granted. Al
I appeared to manifest the most in
tense interest in every word tina
: fell from the lips of his honor
2 Never did we witness a scene 81
awfully solemn. Tears gusheC
: from the eyes Of nearly all pres
4 ent, and every muscle in TIN
. frame of the unfortunate Ric
: was in deep agitation. He, toe
r at last wept bitterly. The judg
!. asked him if he had anything t
r say why sentence Of death shoul'
Y not be passed upon him, to Whicl