Court Records: Schuylkill and Carbon Counties, PA A Molly Maguire Trial (Thomas Fisher, Patrick McKenna) Preliminary Hearing:September 23,1876 This copy contributed for use in the USGenWeb Archives by Barbara Lavin Transcribed by Ralph Ganunis USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. _________________________________________________________________ McKenna Hearing Schuylkill County.: Pa. September 23, 1876 Preliminary Hearing, as if upon Habeas Corpus, before the Court of Thomas P. Fisher and Patrick McKenna, charged with the murder of Morgan Powell. Witnesses Direct Cross Charles Mulhearn 1 22 John Slattery 47 - E. D. York Official Stenographer 21 Jud. Dist. Commonwealth vs. September 23, 1896 Thomas P. Fisher Patrick McKenna Preliminary Hearing before their Honors: Pershing and Green Justices on a charge of the murder of Morgan Powell: Charles Mulhearn, sworn in on the behalf of the Commonwealth, and examined by Mr. Albright. q. Do you know these two defendants Thomas Fisher and Patrick McKenna? a. Yes sir. q. How long have you known them? a. I guess about five years. q. Do you know John Donohue and Matthew Donohue? a. Yes sir. q. Do you know Alexander Campbell? a. Yes. I know him these three or four years. q. Do you know whether those two men are members of the Ancient Order of the Hibernians? a. I do not know whether they are now or not. q. But have they been? a. They have been: I know that Thomas Fisher was County Delegate and I think to the best of my knowledge that McKenna was a Body Master. q. In what county? a. Thomas Fisher was the county delegate of Carbon County and McKenna was a Body Master in Carbon County. q. At what place? a. At Summit Hill, I think, and Fisher lived there too. q. Is that where McKenna lived? a. It is somewhere near there. I was never in his house. q. If you know anything about the murder of Morgan Powell will you tell this court what knowledge you have upon that subject? a. All I know about that, I will tell you. I was living at a place they call Upper Newkirk, about a mile out of Tamaqua and when I came in from my work on Saturday evening, John and Matthew Donohue was in before me. John Donohue told me he was going over to Summit Hill to Dr. Donohue for a bottle of medicine for his stepdaughter, and asked me would I go along with him. Matthew was there too and the road was lonesome coming back and he asked me to go along with him, and so I said "I would, a place like that:" and then we three went out and went down to Tamaqua and went into a tavern there to where a man named Patrick Maley kept a tavern there in Tamaqua. He has moved from there now: he is not there, but he kept it at that time. Then we went over to Summit Hill, and that was the first I was ever in Summit Hill. q. Did you get there by daylight or after dark? a. It was getting darkish and we went into a saloon there. The man that kept it was one Jimmy Sweeney of Summit Hill: or Sharon Hill. I do not know which of the places they call it. It was getting dark and I was not there long when a crowd came there, and this Tom Fisher came in and Jack called him "Stony" or some name like that, and he made me acquainted with Tom Fisher. q. Is that the man [indicating the defendant Fisher]. a. Yes, that is the man sitting beside Mr. Ryan. And Pat McKenna was there too. I had seen him before that in Tamaqua had so Fisher treated them and I treated and McKenna treated and I the and I drank Porter .....a bottle of Porter I think. We were a good while there treating and drinking around and there was some fellows by the name of Smith there and I some words.... I do not know what he said to me, but I spoke something back to him and he made to strike me, and Pat McKenna came and made at him to strike him and then Smith was taken upstairs but then Donohue saw that he had to go to the Doctor's for the bottle of medicine, and there was four or five went out ...the two Donohues and Fisher and me and McKenna ....that was five of us went out. We went up .....I cannot say what road it was ....I did not know the road, it was dark. There were five of us together and Donohue said "this was Dr. Donohue's house", and went in to get the bottle of medicine and he walked up ....I do not know the road, but we went up the road and Fisher said that Powell was in the office at that time and we walked up the road. The two Donohue's walked ahead and Fisher and Pat McKenna pulled a bottle out of his coat pocket and asked me to have a drink out of it and then I seen a man coming over from the store or office. I cannot say which and meeting those two and I heard the crack of a cap and the two was standing there and Fisher ran away I do not know which road he went and then t he crack of the cap went and then the pistol went out there I heard a man say "I'm shot, boys". I went up the road and McKenna was along with me, and McKenna took me into the brush and there was the two Donohue's sitting behind a bush and he was shaking when I came up to them, and Donohue said if I would shake or say anything about it, he would give me the same thing that he gave Morgan Powell and he said there was a crowd of police standing below there and we heard a man go up to some place or brushes and we stood until they went away. q. What became of Fisher? a. I do not know what road they ran. McKenna and Fisher both ran. q. They left you and the two Donohue's in the brush? a. Yes sir. q. What did say about killing Morgan Powell before he was shot? a. I did not hear them mention his name until they stood there and said he was in the office. q. Did you know what Matt and Jack Donohue went to Summit Hill for? a. They said it was for a bottle of medicine for his stepdaughter. q. And that is why they asked you to go along with them? a. Yes sir. q. Did you see McKenna and Fisher again that evening? a. Not that evening. q. What did you do to get away? a. Then we came through the brush and we went down, and we didn't know what road we were going and Jack was making the road out of the stars ....following the stars and coming through the falls until we got over near Bull's Run or someplace and got to Patrick Maley's in Tamaqua again. There was a crowd in the barroom playing cards and we went into the kitchen ad Maley fetched in some kind of a loaf of bread and a knife, and commenced cutting it and Donohue told him what we done. q. Where was it? a. In Patrick Maley's in Tamaqua coming back ...we were up to two or three o'clock I cannot say. q. Did you stay there the balance of the night? a. No sir. q. Did you go home? a. We went home to my house at the upper run. q. When was it? a. On Saturday night ....I do not know the day of the month. q. Was it before Christmas or New Years? a. It was before New Years ..there was snow on the ground ..I cannot say whether it was four or five years ago this Christmas coming. q. Now state if you saw Mr. Fisher and McKenna afterward, in Tamaqua at Maley's with Jack Donohue and Matt Donohue and saw either of them pay money to Jack Donohue? a. Yes, I did. q. State what was the money paid for? a. I was standing in the street near Squire Sabo's office and a fellow by the name of McMartin and his brother was along with me and Mack was tight and came up and said he wanted to have a drink and we went down into Maley's and there was Fisher and McKenna there and four or five more and then Fisher told Maley to fetch some kind of drinks upstairs and he went upstairs and took the drinks up and Donohue called me up. q. Was McKenna there? a. Yes, and Donohue called me up and Fisher pulled out the money and said he thought that he could get ($100.00) one hundred dollars but the times were poor and he could only raise (30) dollars. He then gave thirty (30) dollars to John Donohue and told him to share with Matthew and he said "I think you have a right to to give a few dollars to Malhearn." q. What was it paid to Donohue for? a. For his trouble. q. What was the trouble? a. He did not say what the trouble was. q. Did you know of another trouble he had except the killing of Morgan Powell? a. No sir. q. Where was the money paid over? a. It was in Peter Maley's house upstairs in Tamaqua. q. How long after the job was done was this money paid? a. It might be ....I do not know what day of the month ....I do not know how long after that. q. Was it a week or two or three weeks after the murder of Morgan Powell? a. I do not think it was three weeks, but I do not know: it was somewhere around there. q. Had you seen Fisher and McKenna from the time that Morgan Powell was shot until this night at Maley's in Tamaqua? a. I had not seen them between the two times. q. How did you happen to meet them that night? a. It was not night, it was in the daytime and Donohue came up and me down to Maley's and we went in ...it was in the daylight, sent and I did not know the rest ...there was two or three more. q. McKenna and Fisher were there? a. Yes sir. q. Did they say anything about Morgan Powell murders? a. No sir they did not. q. Did they afterwards at any time speak to you about it? a. No sir. q. Either of them? a. No sir. q. Was there anybody else there the night the money was paid? a. I do not know whether they were from Summit Hill. I do not think they were from Tamaqua. I did not know only Patrick Maley ...they were strangers to me. q. Where did Donohue get the pistol that he shot Morgan Powell with? a. That I cannot say. q. How many shots were fired? a. There was only one. The cap was cracked and he said that the pistol went back on him and it was the first time it ever went back on him, but that he had it screwed too tight. q. How long have you belonged to the Society of Molly Maguires? a. I cannot say how long it is ....I guess eight (8) or nine (9) years. q. Did you know the society by the name of the Buckshots? a. Yes sir ...some called the buckshots ..some Molly Maguires. q. Had you signs and passwords from the first time you joined it? a. Yes sir. q. Where did you join it? a. In Hazelton. q. How did you get the signs and passwords? a. From body masters. q. Do you know where the body master got them from? a. From the County Delegate I think. q. And where did he get them from? a. That is more than I can say. I do not know where he got them from. q. Were those signs and passwords called "goods" in those days? a. Yes sir, they were. q. Were they of the same character as you have been receiving within the past year or two? a. The same thing ...not the same thing for they came every three month. q. But there was a toast and all that sort of the same character? a. Yes, all the same as now. q. When did you first learn that Tom Fisher was a member? a. Donohue told me that he was a county delegate. q. And that McKenna was a body master? a. He told me that he was a member and a body master. q. Did you recognize each other as members? a. Yes sir. q. You exchanged the goods? a. Yes sir. q. And before the killing of Morgan Powell? a. Yes in the tavern. q. Was there any difference in the organization before it was chartered and now since it has been charted? a. There may be but I don't see it. q. You never found out any difference? a. No sir. q. When you went out of Sweeney's tavern, you went to Dr. Donohue's? a. They said it was Dr. Donohue's. I did not see it and I do not know, I did not go in, there was no one went in except Donohue and I do not know which way we went, it was the first time I was in the town and it was dark. q. Was it when you went to Donohue's or after you had left Donohue's that Fisher saw that Powell was in the office? a. It was after we left Sweeney's. We left Sweeney's and then went to Donohue's. q. Where did you stay until this man came out that happened to be Morgan Powell? a. We stopped along side the road and Fisher said he seen him through the window. q. Did he go to the window to look out? a. I didn't know. q. Did anybody pass you while you were waiting there for Morgan Powell to come out? a. Yes, nine or ten passed ...one by one. q. Did anybody say anything to you? a. No sir. q. Were you together when these men passed you? a. Fisher and the two Donohue's were together and McKenna were together. q. How far were you and McKenna from where Fisher and the two Donohue's were standing? a. I guess about as far as from me to John Slattery sitting there now... [about 30 feet ..ref} q. Did you all drink? a. No one but McKenna and me. q. And Fisher and the two Donohue's had gone a distance away from you? a. Yes sir. q. Were you upon the same side of the road? a. Yes sir. q. That is you and McKenna and Fisher and the two Donohue's? a. There was all five of us on the same side of the road. q. Were you on the same side of the road when Morgan Powell was shot? a. Yes sir, we were. q. What was said at any of those times why Morgan Powell was shot? a. The reason I heard that he was not doing fair or would not do the men no show. q. What men? a. He would not give the men a fair share to work. q. He did not say what man or what men did he? a. No sir. q. Where did you hear this? a. I heard it that night and afterwards too. I heard nothing about that he was go was going to be shot until Fisher said he was "in the office now" and I asked who was it and he said "Morgan Powell". q. What did give as a reason why he was to be shot? a. I asked what was the reason and the reason was they said that he q. was not acting fair with the men ...Fisher said that. q. Did he say something about shooting Morgan Powell? a. Yes, when we went up the road, he said that he was going to be shot but he did not say what for as I mind of it. q. When did he say that he was to be shot because he did not give the men fair play? a. When we were going up the road after leaving Donohue's. q. Did you stay at the point of the road waiting for Morgan Powell to come out of the office or store? a. The two Donohue's stayed and McKenna and me stood a piece out from them and they waited until he came out and came up to them and when he was coming up to them Fisher walked away from the two Donohue's. q. How far did Morgan Powell get from the office until he was shot? a. Now, I cannot say how many yards, but I heard the people run out of the office when he was shot and we all ran away. q. In the same direction that he was shot? a. We went up some road ...I don't know whether it was a railroad or a turnpike... it went up to some old breaker. q. What time was it then? a. I think it was between nine and ten. I think it was. q. Had you been drinking that night? a. A few drinks of Porter. q. And the rest? a. I do not know how much ...I had a couple of drinks with McKenna out of a bottle on the road ...it was a cold freezy night. q. Do you know what county Summit Hill is in? a. In Carbon County. q. Do you know that Morgan Powell was killed? a. I heard he died the next day. q. What was Jack Donohue at the time in the society? a. Body Master of Tamaqua. q. Were you a member of his division? a. Yes sir. q. And what was Matthew Donohue? a. He was a member too. q. Was anything said about Morgan Powell in at Sweeney's? a. I cannot say whether there was or not. q. You do not remember what it was? a. I do not remember whether there was or not. q. Where was the first mention made that you remember after you get out of Sweeney's that Morgan Powell was to be shot? a. After we left Donohue's. I do not know how much distance there is between Sweeney's and Donohue's, for it was dark and I was never in that place before. q. What was said upon that subject? a. Fisher told Donohue ....he was walking along between the men and I heard him say he was a bad man and was not acting fair with the men and would not give some men a show at all and would not give them breaks. q. Did he say anything else? a. I do not mind anything else. q. Did McKenna say anything about it? a. I do not mind that he did. q. Did they say anything about Alexander Campbell? a. I did not hear his name mentioned. q. Which one of the men was it that shot Morgan Powell? a. It was Jack Donohue. q. The one they call "Yellow Jack"? a. Yes sir. q. Did he tell you so? a. Yes sir and showed me the pistol and said if I would ever speak about it he would do the same with me. CROSS EXAMINATION BY JAMES RYAN q. You say that the two Donohue's wanted you to go over to Summit Hill for a bottle of medicine with them for his stepdaughter? a. Yes, for his stepdaughter. q. What time was it they came to your house? a. I do not know what time it was, I was out working ...laboring in the gangway and I came in early ...it was not after three o'clock. q. Who were you at work for then? a. Frank Farquhar ...he lives in Tamaqua and is a Frenchman. We met him down town when we were going to Patrick Maley's. q. What was he doing? a. He was a minor and his brother and me was laboring for him in the gangway. q. Frank Farquhar was a miner? a. Yes sir. q. And you were working for him? a. I was laboring for him with his brother ...we had the gangway. Frank was the miner and his brother and me were laboring for him. q. At whose mime wee you working? a. At Simon Stein's and Shoemaker and Fry were running the mines. q. They were running the colliery at the time you were over to Summit Hill with the two Donohue's? a. Yes sir. q. Whereabouts was the mines you were working in? a. The mine was out there above Newkirk apiece: you turn up at Newkirk and and went up a quarter or half a mile to the slope. q. Is there any other name of for the place where it is? a. Some call it Newkirk, some call it Rynott's Run. q. Was it the same colliery that Shoemaker and Fry had until lately? a. Yes, until they gave it up. q. How long had you been working for Shoemaker and Fry before that? a. I do not know how long they had the collieries before this. I know it was with Frank Farquhar that I worked first in the gangway. I do not know how long I was working in it. q. Was it a year or two or five years? a. I do not think it was two years ...I think it was about a year ..It was not two. q. What time did you leave your house to go to Carbon County? a. It was between three or four o'clock. I left my house to go to Summit Hill ...I cannot say the exact time ...It must be about four. q. Was it daylight when you got down to Maley's in Tamaqua? a. Oh yes it was, and it was daylight for a good while after we left Maley's. q. Did you tell Maley what you were going for? a. I did not ...I don't know whether they did or not, but I did not. I did not tell him nothing that time. q. What time did you get to Sweeney's? a. I do not know but it was dark. q. Was it much after dark? a. Yes sir. q. How long after dark? a. That I do not mind now. I do not remember. q. Could you not tell about the distance? a. I did not know what road I was going. I was a stranger in the place. And I did not know where they fetched me. q. Where abouts was Sweeney's saloon in town? a. I think it is Sharon Hill they call where he lives.. I am not sure of that. q. Is that in Summit Hill or a distance from it? a. I think it is in Summit Hill. q. Did you go into any other place in Summit Hill except Sweeney's? a. I do not think I did ...I do not think we went into any other place ...we might go into some other place, but I cannot swear whether we did or not. I cannot swear whether we went into any other place or not. q. How long were you in there before Fisher and McKenna came in? a. They were in right after us. q. They came in right after you? a. Yes sir. q. Did you meet them anywhere before that? a. No. I do not think we did. I do not mind as we did, for I know Fisher shook hands with Donohue and he made me acquainted with Fisher. Donohue introduced me to Fisher. q. Who introduced you to McKenna? a. I seen McKenna before... he was introduced to me before that I seen him in Tamaqua. q. Where abouts in Tamaqua? a. In Paddy Maley's. q. Where was that? a. I cannot say how long before that. q. What were you doing at Paddy Maley's when you re introduced to McKenna? a. I went in to have a little whiskey and I think Donohue was along with me. q. Which Donohue? a. John Donohue ...Yellow Jack. q. You were there to get a drink of whiskey? a. Yes I think so. q. Did you find McKenna there? a. I found him there at different times before that ...him and me met at different times in Maley's. q. Then you were not introduced to him at this time when you and Donohue were in there for the first time ...you had known him before. a. Oh yes. I had known him before that. q. How long before that had you known him? a. I cannot say how long before that. I cannot say what day it was since Pad Maley came to Tamaqua anyway. q. When you and John Donohue wee there and took your drink did you leave? a. Well, I think that Donohue treated and I treated and then we went up the road and Donohue went home and I went home. q. But you left McKenna in at Maley's? a. Yes sir. q. You went with Donohue as as ---[interrupted] a. We went Donohue to the head of Tamaqua. q. ----to the head of the town: but I am not speaking of the first time but of the night on which Morgan Powell was killed? a. I went over to Summit Hill. q. Nothing was said in Sweeney's you say about Powell and his name was not mentioned? a. Donohue and Fisher went to the one side and were talking about ...I did not hear what they were talking about. q. That is after you came out? a. Oh no: that was inside of the barroom that they had the conversation q. Who had the conversation in the barroom? a. Donohue and Fisher. q. You said that nothing was said there about Powell. a. But I say that now ...I do not know whether it was about Powell or not. I do not know what they were talking about. q. That is after you came out. a. Oh no: that was inside the barroom that they had the conversation. q. Who had the conversation in the barroom? a. Donohue and Fisher. q. You said that nothing was said there about Powell. a. But I say that now ...I do not know whether it was about Powell. I do not know what they were talking about. I was not listening to it. q. You do not know what they were talking about? a. No I could not hear them when they had this conversation. q. You could not hear their conversation? a. No sir: I could not and I did not. q. Then you heard nothing at all about Powell in Sweeney's? a. No sir. I think they were talking about Powell that he was a bad man and that he refused to give men some breaks But I heard nothing about killing or shooting. q. You heard that in Sweeney's? a. I overheard Fisher and Donohue when they were in the way of parting say that he was a bad man: that he had refused some men a breast or something; that he was not giving the men a fair shoe ...I heard Donohue and Fisher talking about that in the barroom. q. Then you did not hear it for the first time on the street as you swore to before? a. Yes it was on the street I heard about shooting of the man I did not hear anything in the barroom that he was going to be shot ..that they would shoot him. q. Where was it on the street that you heard talk about the shooting? a. I think to the best of my opinion it was half ways between Donohue's and the office or store. I could not tell you the exact spot. q. Was it before you and McKenna had stopped to have the drink or after? a. It was before. I think it was before. q. Were you all four or five together when this thing occurred? a. The other three were walking ahead of McKenna and me and we were walking right close to them. q. You were walking close to them? a. We were walking close to them but they were in front. q. What did you hear? a. I heard them ...Fisher told Donohue that he ought to be shot that he would not give the men justice; that he would get shot himself because Powell carried a good revolver in his pocket. q. He ought to shot because of what? a. Because he was not giving the men a fair show. q. What was said about his having a good pistol? a. Fisher told Donohue that Powell carried a good pistol and if he would miss his shot he was gone himself q. Is that all you heard about it? a. That is all I mind ...that I recall now ...there mat be more. I do not recollect whether there any more said or not when I heard about a man going to be shot. I was a little closer. q. You had no pistol with you? a. No sir; I had not; if I was told where I was going and what I was going on maybe I would have had one too but I was not told what we were going to do. q. Then you did not know when you started over there that you were on any criminal enterprise at all? a. I went over there because Donohue told me that the errand he was going on was that he wanted medicine from Dr. Donohue for his stepdaughter. q. They did not tell you they were going to kill Powell? a. No sir. q. When you went into Sweeney's, who did you find there? a. There was a crowd and I told you I did not know any of them only Sweeney ...only Fisher and McKenna. q. You say there was a crowd ..how many ....20? a. I cannot say... I do not think there was 20. q. Was there ten? a. I did not mind them; there may have been; I think to the best of my knowledge there was more than ten. q. Were you introduced to any other there besides Fisher? a. That is all I can recollect of. q. What time did you get to Sweeney's? a. I told you I did not know what time it was but it was dark. q. You told me was about half past - nine when you went out together to Donohue's. a. No sir I did not ...I told you we left my own house about 4' q. And that it was about half past nine o'clock when you went out to go to Donohue's from Sweeney's? a. No. I told you to the best of my opinion that it was between nine and ten that Powell was shot. I had no time with me but to the best of my knowledge it was about that time. q. How long were you at Sweeney's before you started out to go to Donohue's? a. I cannot say that; we might be two hours there or a little than an hour and I think it was close on to two hours. q. How long did it take you to go over to Dr. Donahue's? a. I do not know because I do not know how far Dr. Donohue's is from Sweeney's. It was dark and after night and I do not know what distance of ground it was. q. Was it ten minutes or five minutes? a. I do not know; it did not take us long to go to Donohue's. q. How long was it from the time you left Sweeney's until Powell was shot? a. Perhaps a half hour. I think it might have been more or less. I do not know. q. was Powell's office right in town? a. I cannot say where the office was. q. Was there other houses around it? a. I think to the best of my opinion there was a store beside it. q. Did you see lights in any other houses around it? a. I did not mind whether there was any other houses around it. q. Was the store open or shut at the time? a. I think the store was shut at the time, but there was a light in the office; there was a light in the office end of the house anyway. There was one end of the building that there was a light in. q. Did you see light anywheres around it? a. I think I did but I cannot say how near they were. q. It was not bedtime when Powell was shot? a. No sir; it was between nine and ten o'clock I think. q. Did you meet people on the street when you were going around to Donohue's and over to Powell's. a. There was not a step on the street but we met people. q. Not a step? a. Oh yes but we kept meeting people. q. Was there anyone else besides you five men thereabouts? a. Yes, I do not know how many. Donohue told me there was police coming. q. I mean other people around the street? a. Not in the office side there was not. q. But on the other side? a. Yes sir. q. Quite a number? a. Yes sir. q. You did not know any of them? a. No sir. q. Were they standing still? a. They were walking backwards and forewords and when the shot was fired I saw people coming out of the office and running in the direction that Powell was shot. q. You saw people then coming out of the office? a. Yes sir. q. Did you see people before that coming out of the office? a. Yes, and pass us where we were standing. q. Do you know whether it was pay night or not? a. I do not know. q. Where did these people go that came out of the office? a. They passed along side of us as we stood there. q. You told us that Fisher went but you others did not go near the house? a. Fisher went up near the office and came back and I heard him say when he came back that he was in the office and that he seen him through the window. q. How long after that was it that Powell was shot? a. I cannot say it was many minutes--- Powell came out of the office was going home. q. He came out of the office? a. I do not know whether it was the office or not; it was where the light was; I do not know whether it was the office or the store. q. Was there an outside light burning in the street? a. I do not recollect whether there was or not. q. You do not recollect whether they had a street lamp or not? a. I do not. q. There was a light outside the office? a. I think there was. q. Which way did he go after he left the office door? a. He came towards where we were standing. q. Were you standing near any houses? a. No. I do not think there was any houses near us; we were standing near some crossroads; I think it was some old railroad that went to some old breaker. q. Did he come on the same side that the store was or did he go away from the the store? a. I do not know whether it was the office or the store where he was; I do not know whether he was in the office or the store. q. But you did not know which was the office and which was the store? a. No sir; I did not. q. After he came out of the office or store, did he come toward the direction that you came from Sweeney's? a. He came to the direction where we were standing. q. Did he go in the direction you came from when you came from Sweeney's? a. I do not know. I do not know whether we came the straight road or crossroads or how. q. You did not pass by the place he came out of at all? a. No sir, I did not. q. Nor Donohue or Fisher? a. I do not think they did. q. You came from Sweeney's in one direction and stopped before you got quite to the place where he was? a. Yes, but I do not know the direction where we came from Sweeney's it was dark and I did not know where I was. q. You did not pass the store or office at all? a. I do not think we did. q. Then he must of gone toward the direction you came from. a. He came towards where we were standing; I do not know which side it was. q. You said that Fisher was County Delegate? a. I was told he was. q. Fisher did not tell you so, did he? a. No it was Donohue told me that he was the County Delegate of Carbon County. q. Where; in the barroom? a. Yes sir. q. Did you know that McKenna was a body master before that? a. Yes sir; I knew it before that. q. How long had you known that he was body master before that? a. I did not know only what the man told me himself when I met him in Paddy Maley's; I did not know only what he told me himself. q. How long was it before? a. I do not know. q. Was it six months or a week or a year before you went there on the night that Morgan Powell was killed? a. I do not think it was a year I cannot say how many months. q. Was it half a year? a. It might be. q. You had never met Fisher before that? a. I do not know - I might have seen him but I was not talking to him; I was not in his company. q. You say after this they came over to Tamaqua and met you and Donohue at Maley's. a. Yes sir. q. What day of the week was it? a. I cannot say what day of the week or month. q. Was it before or after Christmas? a. That I do not know, but I know there was a ball at Mrs. Mchughe's in Tamaqua that very night after they were in Maley's. q. Did you attend the ball? a. Yes sir. q. Did Fisher attend the ball? a. I seen him there. q. And McKenna? a. He did. q. Was anybody else there from Summit Hill? a. I seen a brother of McKenna's there----I think he is a brother called Frank McKenna. q. Anybody else? a. Not as I mind. q. Where was this widow McHugh's; up Broad street? a. Yes sir. q. What time in the day was it that Donohue called you away with him? a. It was sometime in the afternoon. q. Did Fisher tell you then that he had been over to attend the "ball"? a. No sir. He did not say nothing about the ball. q. Did you talk about the ball at the time? a. No sir. q. What kind of ball was it at Mrs. McHugh's; was a Molly MaGuire ball? a. No sir; there might have been some of them in it but it was not a Molly Maguire ball. q. Were there tickets sold for it? a. Well I think they were. I am not sure though; I paid my money when I went in. q. Have you any knowledge about tickets being sold; were they offered before that? a. I heard that tickets were sold but I did not see none of them. q. You say that Fisher said that he had hoped to get the one hundred [100] dollars, but he could only get thirty [30]. a. Yes sir. q. But he did not say what the money was for? a. No, he said for his troubles. q. But he did not say what kind of trouble? a. No sir. q. Did you get any of the money? a. No sir, not a cent. q. Did you see Donohue give any of the money to anybody? a. I seen him give some to Matthew but I do not know how much. q. Did you ask for any? a. I did not. q. You did not understand it was for any trouble you had been to or that you were entitled to any of it? a. I did not; Matthew said that Donohue gave him Ten [10] dollars for the night he was over. That he gave him ten [10] dollars. q. Did you never get anything? a. Not a cent. q. You are sure you did not get ten dollars? a. I am sure of it. q. Who was it that you heard say that they should give some of it to you? a. Fisher. q. What was the language he used? a. He said that he "had a right to give Matthew a few dollars of that" q. And you heard that? a. Yes sir. q. And it was loud enough so that Maley could hear it? a. Yes, if he wanted to. q. Was there anybody else in the room at the time? a. Yes; but I do not know who they were; I did not know anybody but Maley. There was several strangers there and I did not know them, there were five or six strangers. q. They all heard it and saw the money paid? a. Yes sir. q. And heard what was said? a. I guess they did. q. It was said loud enough so that anybody in the room could hear it? a. Yes sir. q. Which way did you go when you went from Sweeney's to the office where Powell was----towards Mauch Chunk? a. I do not know what road I went; I do not know anything about it. q. What was the store built of? a. I do not know. q. There was a store and an office right beside it. a. Yes, I suppose so; I do not know whether it was a store and an office or two stores and no office or what it was. q. There were two buildings right beside of each other. a. I did not say whether it was two buildings or whether it was one building with a store and office in it. q. Had it a long front on the street? a. It was one side of the street. q. Did it front on the street where you were standing? a. No. I was not in front of it at all. But I was standing on the same side the building was a distance from it; I did not go near where the building was. q. Was it longest as it fronted on the street or longest back from the street? a. It was not far from the street any way; I cannot say about the building; I did not go near the building at all. q. How near the corner of the building next to you was it that he came out? a. I think by the way it looked---- I did not know that it was him that he was in the office, and soon a couple of men came out and Donohue was there by the corner of the road before that and saw it was not the right man. q. How far from the corner of the building away from you did he come out? a. He looked to me as if he came out from the far end of the building. q. How many feet from where you were you were standing? a. I cannot say. _______________________________ John J. Slattery: sworn on behalf of the commonwealth and examined Mr. Hughes q. State whether you know Jack Donohue? a. Yes I do. q. He was the body master of Toscorora? a. Yes sir. q. State whether you ever heard him say anything in relation to the murder of Morgan Powell? a. I did. q. What was it? a. He told me that he had fired the shot that killed him. q. Did you ask him or hear him say who was along at the time? a. I heard previous to that from another source. q. Did you speak of it to Donohue? a. No sir; I did not speak to him about it. q. State where this was and when it was. a. It was at Tuscarare. q. When? a. I think it was while the Kelly and Doyle trial was going on; I heard it before that but I think that Donohue told me at that time. Judge Green: q. How did you hear it before that? a. From a man by the name of John Malloy. q. The man who was here as a witness upon the stand? a. Yes sir. The prisoners were than remanded into custody, without bail, to be taken to Carbon County and delivered over for trial. E. D. York, Official Stenographer 21 Judicial District Be it remembered that at a court of oyer and termainer and General Jail Delivery duly convened, begun and holden of Mauch Chunk in and for the County of Carbon in the State of Pennsylvania, on Monday the sixteenth day of October in the year of our Lord one thousand and eight hundred and seventy-six, before the Honorable Samuel S. Ducher President and James Huston and Seir Wentz, Esquire as socials. Justices of the said court the grand jury of the said county in the said court of Ayer and Leuniceo and General Jail Delivery, on the eighteenth day of the said county in the said month of October in the year aforesaid, before the Judges aforesaid upon their oaths do present that John Donohue, Thomas P. Fisher, Patrick McKenna, Matthew Donohue and Alexander Campbell of the County aforesaid year are guilty of the felonious and willful murder of Morgan Powell as in and by the indictment presented by said grand jury, a true bill fully appears and noro to wit; the nineteenth day of the said month of October in the year aforesaid in the said Court Ayer and Leucano and General Jail Delivery, before the Justices aforesaid in the said the said cause of the Commonwealth of Pennsylvania against the said John Donohue, Thomas P. Fisher, Patrick McKenna, Matthew Donohue and Alexander Campbell is called and the said John Donohue, Thomas P. Fisher, Patrick McKenna and Alexander Campbell , four of the defendants (Matthew Donohue, the other defendant being absent) came into open court in the custody of William Butter, Esquire Sheriff of the county aforesaid (into whose custody in the said county for the felony and murder aforesaid they had been committed), and being brought to the bar here in their proper persons by the said Sheriff, (to whom they are here also committed) the said Thomas P. Fisher and Patrick McKenna demand to be tried separately from the other defendants, and the said Alexander Campbell demanded to be tried separately and the said John Donohue says he has no counsel, where upon the court assigned counsel. The defendants move to quash the indictment and the array of petit jurors to this present (October ... 1876) term, which motions are overruled by the said Justices and bills of exception are sealed for the defendants and the said John Donohue, Thomas P. Fisher, Patrick McKenna and Alexander Campbell being forthwith demanded concerning the premises in the said indictment set forth and charged upon therein, how they will acquit themselves thereof, they severely say they are not guilty thereof and thereof for trial they severely put themselves upon the county and Edura R. Sievers/Esquire District attorney for the said county, who prosecutes for the Commonwealth of Pennsylvania this behalf replies that the said John Donohue, Thomas P. Fisher, Patrick McKenna and Alexander Campbell are guilty, and for trial thereof doth the like and the said District Attorney saith he will first try the said Thomas P. Fisher, Patrick McKenna and Alexander Campbell are remanded to custody of the said Sheriff in the jail of the said county. And more to wit: on the fifth day of December in the year of our Lord one thousand eight hundred and seventy six, at a special court of Oyer and Termainer and the General Jail Delivery, duly concerned begun and holden a Mauch Chunk in and for the county aforesaid on Monday the fourth day of the said month of December in the year aforesaid before the said Honorable Samuel S. Dicher President and associates James Houston and Levi Wentz, Esquire, Justices of said court in pursuance of a precept issued by the said Justices on the said day October last past, the said cause of the Commonwealth of Pennsylvania against Thomas P. Fisher and Patrick McKenna is called and the said Thomas P. Fisher and Patrick McKenna came into open court under the custody of William Butter, Esquire Sheriff of the county aforesaid (into whose custody in the said county for the felony and murder aforesaid they had before been committed) and being brought to the bar here in their proper persons by the said sheriff (to whose custody they are here also committed) and the said Thomas P. Fisher and Patrick McKenna being forthwith demanded whether they are ready for there trial, they say they are ready. Therefore let a jury thereupon here immediately be balloted for and come before the said justices office and lawful men of the said justice of the said county, by whom the truth of the matter may be the better.