The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1916-03-30
FELONIOUS ASSAULT.
On Second Ballot Jury United in Find.
Ing Barnharts Guilty Of FelOniOuS
Assault. New Trial Asked For.

Assault. New Trial Asked For.
When the NEWS went to press
last week the trial of the Barn
hart Brothers was still on, and
did not close until 2:30 Friday af-
ternoon, at which time the Jury
retired and returned a verdict at
6 o'clock that evening" guilty
of felonious assault.
The grand jury on Tuesday
morning had found a true bill in
each of the following five counts
in the Indictment: l. Murder. 2.
Voluntary Mansla u g hter. 3.
Felonious Assault. A. Felonious
Attempt. 5. Aggravated Assault
1t was on the third count that
the Petit Jury agreed. Th e
Court would have given the boys
their sentence at once, had it not
been that the counsel for the de-
fence asked for a new trial, and
April goth was the date set for
hearing of reasons for a new
trial, and deciding whether or
not the reasons are sufficient to
justify a new trial.
In a general way, the evidence
produced by the Commonwealth
was, that on the 18th of last Oc-
tober, Arthur Barnhart, his sister,
and Miss Viola Shives, were pick
ing apples on one of the big fruit
farms west of Hancock; that they
quit work and started home about
$50 p. M, travelling by way of
the Hancock -Buck-Val public
road to a lane leading from the
said road to their home. After
having gone into the lane about
fifty yards, they heard the voice
of some one farther up the main
road utter a call. Arthur and the
two women then turned, went
back to the Hancock Buck Valley
road, thence westward about 700
feet to a point where they found
Walter and Harry Barnhart sit
ting by the road. According to
the testimony of the two women,
not many words passed until Wal
ter Barnhart struck Arthur; Har-
ry struck Arthur with rocks; and
that in the melee Arthur was cut
with a knife and left lying beside
the road where he remained until
the arrival of Drs. Stigers and
Gray, of Hancock, who dressed
lis wounds. Arthur was then
carried to his home.
DR.. Gray testified that when he
reached Arthur, he found him in
;he road with a flesh wound on
he left breast about half an inch
n length; another, about the same
size in the abdomen; and third, in
one of his legs-the last wound
being larger, and that the three
cuts had been made with a knife;
that he put one stitch in each of
the upper wounds. These wounds,
the Doctor said, were all flesh
wounds-that the knife had not
struck any of the vital organs,
and that at the end of a month
the upper wounds had healed, and
the lower wound, which showed
infection, was doing nicely. But
about ten days before Arthur's
death, Arthur contracted lobar
pneumonia, and death followed
on the End of December.
The Commonwealth produced
witness who testified that he
was riding along the road; that
ne saw the defendants sitting by
the roadside where the fight after
ward occurred; that the defend
ants had inquired of him if he
mad seen anything of Arthur
barDhart, and he told them he
mad just passed Arthur down the
road.
On the part of the defendants,
a witness was called who testi-
he'd that some time before this
difficulty he was in the orchard
wnere Arthur was at work, and
noticing something in Arthur's
pocket, he asked him what it
was. Arthur made reply byput-
tlng his hand into his pocket and
drawing it out with set of steel
knuckles on, saying, THAT is