The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1900-06-21

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these boys1 A. No sir.
Q. Did you furnish these boys any
drink that evening" A. No sir.
Q. Who were your assistants2 A.
Chas. Sterner, my son-in law and
Moses Brewer.
Q. And were they in there on this
evening when this show was in town.
A. | didn't see them.
Q. l mean your assistants. A.
Yes sir.
Q. How long did you keep open2
Q. Till after the show1 A. I kept
open till twelve o'clock.
Q. After the show, was there any
parties came in there2 A. Yes sir.
Q. Where were they from' A. Our
town aud Espytown.
Q. After the show was over, there
was a number of people in your place?
A. Yes sir.
Q. Where was the larger part of the
trade that evening" A. On the side
of the tables-the eating part.
Q. Do you know any of these boys?
A. The first have seen them.
Q. You know you can say positively
that you made no mistake, and did
not furnish these boys any drink? A.
Yes | do.
Q. You know that fact? A. Yes sir.
CROSS EXAMINATIONS:
Q. How many assistants had you
that night' A. Three besides my
self.
Q. How were they dressed that
evening-white aprons on2 A. We
generally always co, Saturday nights.
Q. You and these three assistants
all had white aprons on, and these
people came in there and you say
there was quite party came in? A.
Yes sir.
Q. You were waiting on both sides2
A. No sir. We were all on the side
of the tables, because it was eating
after the show.
Q. You had other assistants on the
other sde2 A. No, l called my
assistants over from the other side.
Q. You can say that the people on
that side ordered only that which is to
cat, and had nothing to drink? A.
Some of them had birch soda and
some had porter.
Q. And some had beer? A. l
can't answer that. l suppose if they
ordered it, they got beer; that is, the
men.
Q. You don't know anything about
these boys, whether they were in there
or not? A. l don't remember their
faces.
Q. Can you tell us who all were in
there that evening? A. 1t is i'm
possible.
Q. And you couldn't tell whether
the boys were in there, or not? A. I
could tell whether these boys were in,
because there was colored boy, and
/ would have remembered that.
Q. You never make any particular
note when colored boy comes in?
A. No; but stranger, that late hour
OF the night, we would notice it.
Q. You say you don't know OF see
ing these boys in there? You simply
mean you don't recollect now, of see.
ing them there that night? A. |
don't recollect of their being there
that night, after the show.
The testimony of the three assist.
ants-Mr. Edgar, (Gilmore's son-in-
law,) Moses Brewer and Chas. Sterner
was of the same general character as
that of Mr.. Gilmore.
This was what is called negative
testimony. While the witnesses testify
that these boys were not in the saloon
after the show that night, this is but
deduction from what they do testify
to as fact, viz:-that they did not
see them in, or that they have no re-
collection OF their being in; or, if they
had been in, the witness would have
noticed them.
II is fact that there were a mum.
Der of people in the saloon that night.
Mr.. Edgar was asked the question:
"Do you remember whether you had
crowd in the house that evening
after the show was over?" and answer
ed "Yes sir, we had"
Ross Justice, in delivering the opin-
ion IN the case of Lyon VS. Marclay
I Watts 27I, says;-''It is well known
rule of evidence, that one affirmative
witness, if credited, will outweigh sew,
eral negative witnesses, because one
man may see and hear many things,
which another person present may
not have seen or heard"
The testimony of Mr. Gilmore and
the three assistants was not corrobor-
ated by any affirmative testimony,
tending to show that some other per-
son was either with, or saw, the three
boys or any one of them outside the
saloon during the time after the show,
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