NEWS: The Alleghanian; 17 Mar 1864; Ebensburg, Cambria Cnty., PA Contributed for use in the USGenWeb Archives by Patty Millich Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/cambria/ _________________________________________ The Alleghanian Ebensburg, Pa. Thursday, 17 Mar 1864 Volume 5, Number 25 Local and Personal We are sorry to learn that District Attorney P. S. Noon is now lying extremely ill at this mother's residence in this place. He was taken sick during the continuance of the murder trial. The attendance during the two weeks of Court was very large - in fact, up to today at noon, the Court House was absolutely crowded to excess. The trial list for this term has been continued. A Second Sickles Tragedy [Extracts from this article which covers most of the entire newspaper.] In the Court of Oyer and Terminer for Cambria County, March Term, 1864 Hon. Geo. Taylor, President Judge; H. C. Devine and G. W. Easly, Associate Judges. A few weeks since we gave the particulars of the killing of Jordan Marbourg a prominent citizen of Johnstown by Joseph Moore, Auctioneer of the same place. The provocation was the alleged intimacy existing between the former and the wife of the latter. The case came before the Grand Jury of this County on the afternoon of the 7th inst., who, after an absence of a few hours, returned a presentment of willful murder against the defendant. The Counsel In addition to District Attorney P. S. Noon, the counsel for the prosecution comprised Gen. Henry D. Foster of Greensburg and Messrs. Potts and Kopelin of Johnstown; for the defense Messrs. R. L. Johnston of Ebensburg, Pershing and McLaughlin of Johnstown, John Scott of Huntingdon and Billings G. Childs of Pittsburg appeared. The Prisoner At 9 o'clock on Tuesday morning the prisoner was brought into the dock. The few weeks which had transpired since the commission of the awful deed had made a slight change in his appearance. Continual brooding over the crime; the great provocation under which it was committed; and the sundering of those social ties which wreck the happiness of the home circle, accounted, doubtless, for his subdued manner and a general feeling of commiseration was elicited in his behalf. Mr. Moore is a man of medium size, fine, florid complexion and very handsome appearance. He is about 35 years of age. Shortly after the prisoner was brought in, at 10 o'clock Tuesday morning, the process of empanelling THE JURY was begun. The Jury [Snip] . . .at twenty minutes past four, the twelve men who were chosen to fulfill the solemn duty of passing the sentence of life or death, upon the prisoner at the bar had been empanelled. Their names are as follows: Felix O'Neill Joseph Null James Moreland John Yahner James Gallagher Henry Bender John Lantzey Jacob Kirkpatrick Charles Owens Timothy Hunt John G. Trenkle Cornelius Morris The case was opened by the usual question being put to the prisoner of "guilty or not guilty." He answered in a clear and distinct voice, "Not Guilty," and in accordance with the usual form, demanded that he should be tried "by God and his country." The Prosecution The case for the prosecution was opened by Gen. James Potts. [Snip] Copious extracts from the Common Law and Pennsylvania Statutes defining and applying the crime of murder were read - - - [Snip] Gen. Potts spoke about one hour. Testimony for Prosecution The first witness called was George W. Wehn [Snip] Nothing elicited on cross examination. Court adjourned at 7:10 o'clock. Second Day – Wednesday Court met at 9 o'clock when the trial resumed. [Giving testimony were the following citizens: Geo. J. Thomas Howard J. Roberts Dr. John Lowman John M. Bowman Charles Barnes Wesley J. Wilson Dr. A. J. Jackson Irvin Rutledge Esq. Col. T. L. Heyer James F. Campbell Francis Sloan John F. Barnes A photograph of the scene was here submitted in evidence by the Commonwealth. [Additional testimony from Thompson Kimmell followed.] Adjourned at 7 o'clock. Third Day – Thursday The case for the defense was opened at 9 A. M., by Billings G. Childs of Pittsburg [Snip] Testimony for Defense Witnesses called: Albert B. Petriken, Assistant Post Master at Johnstown Mr. Silberman John Slick, Esq. E. Shaffer John S. Moore, son of Joseph Moore S. M. Cornell, brother-in-law of prisoner John Keller, clerk in Marbourg's store William Orr Mary Delaney Fourth Day – Friday Court met at 9 a.m. [Snip] Owing to a sudden indisposition of the prisoner who was taken with a severe nervous attack, at this juncture Court was compelled to adjourn until 5 o'clock. The attending physician gave it as his opinion that it would endanger the prisoner's life to bring him into court in his present condition. 5 P. M. Court reassembled when defense purposed to prove that Marbourg had at one time asked a lady to administer poison to the prisoner and afterwards handed a package of medicine to another lady to be given to Mrs. Moore, for her husband; that the lady had done this, but that Mrs. M. threw the package in the fire, remarking that it was poison. After some discussion it was considered unnecessary to allow this evidence to be produced. Witnesses called: Mr. John Geis [Snip] Jacob Fend [Snip] Miss Mary Delaney, living with the prisoner's family [Snip] Court adjourned. Fifth Day – Saturday Court assembled at 9 o'clock and case resumed. Witnesses called: Mrs. Robert Pickworth Eve Koontz Mrs. Beam John Beam Levi B. Cohick Mary Delaney Valentine Louther Levi B. Cohick Mr. Warden Mr. Seigh Capt. J. K. Hite David Yoder T. R. Kimmell John Moore William Orr A. J. Hawes A number of witnesses were examined as to the previous good character of the prisoner, among them associate Judge Easly and opposing counsel Kopelin and Potts. They all united in placing his character above reproach previous to the murder. Cyrus Reilly Dr. Bunn Sheriff Buck Defense closed at 4:20. Rebutting Testimony Alex Marbourg, partner of the deceased At 4:45 the Commonwealth closed and Court adjourned until Monday at 2 o'clock. Sixth Day - Monday Pursuant to adjournment, Court convened at 2 o'clock when Gen. James Potts proceeded to address the jury on behalf of the Commonwealth. [Snip] Court adjourned at 8 o'clock. Seventh Day - Tuesday Court assembled at 8:30. The argument on the part of the Commonwealth was resumed by Gen. Henry D. Foster of Greensburg. [Snip] Gen. Foster spoke one hour and a half. At 10:15 the argument for the defense was taken up by R. L. Johnston, Esq. [Snip]. . . he closed his remarks at 4:30 after a speech of four hours length. Daniel M'Laughlin, Esq., continued the argument for the defense in a speech occupying over two hours in the delivery. He reviewed the evidence fully. Court adjourned at 7 o'clock P. M. Eighth Day – Wednesday Court met at the usual hour and the argument for the defense resumed by Billings G. Childs, Esq. He spoke in an eloquent strain for the space of half an hour. Hon. Jno. Scott of Huntingdon took up the closing argument for the defense at 9:25. [Snip] This argument was spoken of as being fully equal to that of Brady in the celebrated Sickles tragedy. It occupied three hours in the delivery. The closing argument for the prosecution was delivered by A. Kopelin, Esq. [Snip] Mr. K. spoke exactly three hours. Court adjourned at 6:30 o'clock. Ninth Day – Thursday Court met at 9 o'clock when his Honor Judge Taylor proceeded to deliver his charge to the jury. [Snip] His honor consumed one hour and twenty-six minutes in delivering the charge. The jury retired to their private room for deliberation at 10:20 A. M. The Verdict At twenty minutes to 2 P. M. the jury reentered the Court room with their verdict. [Snip] "In the issue joined between the Commonwealth and Joseph Moore, how do you find?" "Guilty of Murder in the Second Degree." The jury were then discharged. Throughout the entire trial the prisoner sat with his handkerchief to his face, leaning forward upon his hand. He exhibited but little emotion on hearing the verdict. After the verdict he was remanded to his cell to await sentence.