Court Records: Schuylkill and Carbon Counties, PA A Molly Maguire Trial (Thomas Fisher, Patrick McKenna) Testimony: Afternoon Session: Second Day Dec 6,1876 This copy contributed for use in the USGenWeb Archives by Barbara Lavin Transcribed by Tom Jones 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. _________________________________________________________________ Testimony Afternoon Session Second Day December 6, 1876 pp. 1-89 Commonwealth v Stenographer's Record. Fisher and McKenna Second Day (Afternoon) Wednesday, Dec. 6, 1876 Witnesses for the Commonwealth (Continued) Direct Ex. Cross Redirect Recross Dr. Horace DeYoung 1 5 - - Dr. R. Leonard 6 - - - Chas Powell Jr. 8 12 17 19 Michael Meyers 19 27 38 - Harry Williamson(recalled) 39 40 41 - Rev. A.J. Morton 42 49 54 - Lewis Richards 54 57 60 - Rev A.J. Morton(recalled) - 61 - - John Barge 62 67 71 - Frank Schwartz 73 80 86 - (Page break) Wednesday Dec 6th 1876 Afternoon Session Dr. Horace DeYoung sworn on behalf Commonwealth. Direct examination by Mr. Albright. Q. How long have you resided at Mauch Chunk and been engaged in the practice of your profession? A. About 14 years. Q. Were you called upon to see Morgan Powell at Summit-Hill after he was shot? A. Yes sir. Q. Please state what day you saw him and describe the character of the wounds which he received. A. It was on the 3rd day of September 1871. Q. Was it September or December? A. My memory fails me if it was Dec. (refers to report). It was December. Q. What day in December? A. The third. Q. Go on and state what his condition was when you first saw him. A. We found him lying in Cap't. Williamson's store on the counter. He was then suffering from a relapse. He was very weak and the lower extremities paralyzed. He had a wound on the left side of his chest corresponding to a point drawn from the left nipple to the arm pit. Q. What was his condition as to his probable recovery at that time? A. There were no hopes of his recovery at the time. Q. About how long after the shot, or the wounds was it, that you saw him from his appearance? A. He was said to have been shot in the evening previous, and I think we saw him about three o'clock in the afternoon. Q. Of the next day? A. Of the next day. Q. What kind of would was it? A. It was a gun shot wound. Q. If you afterwards assisted in making a post mortem examination upon the body of Morgan Powell, state when and where? A. On the subsequent day, the 4th, I went up to assist in making a post mortem examination. He was lying in the house of one Morgan Price at Summit Hill. We placed the body in a position for operation and examination and the external surface presented no remarkable appearance. A little gravitated blood underneath the skin showing marks of death are as usually seen under the circumstances - except that wound upon the chest. Q. Did you examine that wound? A. Yes sir. Q. Describe it particularly now? A. We opened the cavity of the chest and followed the course of the bullet. We found it had penetrated through the middle of the fifth rib at the point I indicated. Made a clean smooth hole on the outside in its exterior aspect. The inner surface was slivered and spicula of the bone carried along the track of the wound in the soft parts. We traced it to the spine and found it had entered crossed the canal and loged in the opposite wall. Q. Crossed the canal you say? A. The spinal canal. Lodged in the opposite wall. Q. What organs did it penetrate? A. At first, after penetrating the rib entered near the lower edge of the upper lobe of the left lung, and from there on to the spine. It did not open any important vessels. Q. Did it pass through the lobe of the left lung? A. Yes sir. Q. Now give us all the organs it passed through? A. Well, it passed around the important vessels. It passed around all the important vessels. Q. Did it sever any of them? A. A few of the smaller ones. There was very little extravasation of blood. Very little blood in the chest. Perhaps a few ounces. B. What was the effect of that wound upon the life of Morgan Powell if you can tell? A. It must necessarily have produced death Q. What was the cause of the paralysis of the lower limbs, which you found you say paralyzed? A. The severing of the spinal cord. Q. As a medical expert then, what do you say was the cause of Morgan Powell's death? A. The injuries inflicted by that bullet. Q. What kind of bullet was it? Did you find it? A. Yes sir, we found it. It was something like a Smith and Wesson, or something of a similar pattern. Q. You saw the bullet? A. Yes sir. Q. Do you know where it is now? A. I do not. The last time I saw it was in the possession of Dr. Thompson. Q. What was the appearance of the bullet at that time? A. It was considerable battered. There was sufficient of its original shape to recognize it. Cross examined by Mr. Ryan Q. Was he rational when you saw him first? A. I think he was rational when I saw him first, but he was hardly able to talk. I heard him utter but a single sentence and that was with great effort. They slightly raised him. Q. Did you make any further examination then to merely ascertain the course and direction of the bullet? A. We examined the viscera of the abdomen. Mr. Fox Q. Did you examine any of the vital organs? A. Yes sir. Q. And of the heart? A. Examined the heart and lungs and liver and spine. Q. Everything normal? A. The lungs possessed that peculiar appearance that you meet with in miners - black. They were perfectly healthy though of very dark color. Q. How long after he was shot did you see him? A. I think we arrived there between two and three o'clock in the afternoon of the next day - Sunday. Q. Had he had morphia before that? A. I am not aware that he had. Q. Did you inject morphia? A. No sir. Mr. Albright Q. Who was present at the post mortem examination? A. Dr. Thompson. Q. Any other physician? A. No other physician. Q. Where is Dr. Thompson now? A. He is dead. Dr. R. Leonard sworn on behalf Comwl'th. Direct examination by Mr. Albright. Q. Did you see Morgan Powell after he was shot? A. Yes sir; the man they said to be Morgan Powell. I was not acquainted with him before. Q. Did you see him before or after his death? A. I saw him before his death. Q. What was his condition? A. I saw him with Dr. DeYoung and Dr. Thompson on Sunday the third of December, I think it was in the afternoon. He was then feeble, weak and sinking from the effects of the shot. It had the appearance of a gun shot wound in his left breast. Q. Did you examine the wound? A. I did. We raised him up - got him to raise up and examined to see if we could find where the bullet had loged. From his condition we were confident that the spinal cord was cut by the bullet and wanted to see whether it had come through or loged near the spine. Q. From the condition that you found him in then what was the prospect of his recovery? A. There was no hope of his recovery. Q. None at all? A. No sir. Q. As a medical expert you regarded that as a necessarily mortal wound? A. Yes sir. Q. What was the condition of his lower limbs? A. They were powerless; seemed to be paralyzed. He had no use of them whatsoever. No feeling in them. No power to move them. Q. How long have you been a physician? A. It is some 31 years since I graduated. No cross examination. Charles Powell Jr. Sworn on behalf Comwl'th Direct examination by Mr. Albright. Q. Are you a son of Morgan Powell? A. Yes sir. Q. How old are you? A. 18 years. Q. Were you with your father on the night of the second of December? A. Yes sir. Q. Where did you live at that time? A. Ashton. Q. What time did you leave home? A. I guess it was about four o'clock. Maybe after four. Q. Who did you go with? A. I went by myself. Q. Where did you meet your father? A. I met him about, I guess, six o'clock, or may be before six. Between five and six. Q. Where? A. In front of Kent's saloon. Q. Where abouts is Kent's saloon? A. On the main street east of Kline's, to the left. Q. Who lives in that place now? A. Wm Nesly used to keep there. Q. You found him at Kent's? Q. Where was he going? A. Toward the companies office Q. Where was he going to after he went to the companies office? A. He was going home with me then. Q. Were you to remain until he cam back? A. I was to stay there until he came back and he was to go down home along with me. Q. Where abouts were you in the store, if you can remember, when your father went out? A. I think right on the left hand side - the dry goods side - the left hand side going into the store at the counter. Q. How far back? A. Well it was right back of the store - right at the end of the store. Q. At the end near the street? A. No sir; near the back of the store. Q. When your father went out did anybody go with him? A. No sir. Nobody went out; only himself. Q. When you and your father went into the store did you meet any persons? A. No sir; I did not take notice of any persons. Q. Did you meet anybody in the neighborhood of the store? A. No sir. Q. What did you hear after your father went out? A. I just heard Mr. Allen say - Objected to Q. Did you hear a shot? A. Yes sir. Q. State what you heard Mr. Allen say? Objected to. The Court: I think they may show what Mr. Allen said on leaving the store to approach Morgan Powell. Mr. Albright Q. Did you find out your father was shot? A. Yes sir. Q. How did you find that out? A. It was after father left I heard Mr. Allen say it was Morgan Powell, and then when I got up close enough I saw it was my father. Q. You went out then? A. Yes sir. Q. Now, how long was it, as near as you can tell, after you came into the store with your father that he went out and was shot? A. It might have been five or ten minutes; more or less. Mr. Hughes Q. How soon after he left the store before you heard the shot? A. Just a few seconds; not long. Q. How was your father dressed that night? A. He had a dark coat on. He had a kind of plaid vest and pants on, and a black hat. He had on a white shirt I believe. Q. You have the coat and vest here? A. Yes sir. Cross examination by Mr. Ryan Q. You left home about four o'clock that afternoon? A. Yes sir. Q. And went from your home to the Summit? A. Yes sir. Q. Who went with you? A. I went by myself. Q. Where was your father when you left home? A. I do not know where he was when I left. Q. He was not at home? A. No sir. Q. You went up to the Summit and went to Ken's saloon? A. Yes sir. Q. And had you been at any other place than Kent's? A. No sir; not to the best of my knowledge. Q. You do not know where your father came from when he came from Kent's do you? A. No sir; I could not tell you that. Q. He came to Kent's saloon and found you there and took you with him to this store of Williamson's? A. No sir, I found him there. Q. You found your father at Kent's? A. Yes sir. Q. Then you did not go to Kent's when you first went up? A. I went there and he was waiting for me. Q. What time did you go to Kent's and find your father waiting there? A. It may be five o'clock and it may be a little later. Q. It was not dark when you went to Kent's saloon? A. No sir. Q. It was still daylight? A. Yes sir. Q. You found your father in the saloon? A. Yes sir. Q. How long did you stay in the saloon with your father before you went to Williamson's? A. I could not tell you how long I stayed there. Q. About how long? A. It may be half an hour and may not - more or less. Q. From Kent's saloon you went to Williamson's? A. Yes sir. Q. Did you and your father go to any other place that the saloon before you went to Williamson's? A. No sir; not to the best of my knowledge. Q. How long was it after you left home before you got to Williamson's with your father? A. Well, I left home at four o'clock and got to Williamson's between six and seven, I guess; and that is about an hour and a half. Q. Then you had been somewhere on the Summit from an hour and a half to two hours before you went to Williamson's store? A. It might have been - more or less. Q. Had you been at any other place besides Kent's? A. No sir. Q. Then you stayed an hour and a half at Kent's saloon? A. I had been to Williamson's after I came out of Kent's. I did not stay all the time at Kent's. I came out of Kent's and went to Williamson's. Q. You stayed there until you went to Williamson's didn't you? A. Yes sir. Q. You left home at four o'clock - you got to Williamson's about five? A. I said between five and six. Q. Where were you all of this time from four o'clock? A. Well, I did not jump up the hill - I had to walk up; I took it easy. I was along the road a little while. Q. You did not stop anywhere? A. I might have stopped along the road. Q. Did you stop? A. Well, I do not know; I do not recollect. Q. How long were you in Williamson's store before your father went out? A. Maybe five or ten minutes. Q. You got there between five and six o'clock - Williamson's store? A. I said I got there between six and seven, and got to Kent's between four and five. Q. And stayed at Kent's from between four and five until between six and seven - then you were there more than half an hour at Kent's? A. I did not say I was there half and hour. I said I might have been more or less. Q. Your father did not leave Williamson's store immediately after making his purchases did he? A. He stayed a few minutes. Q. While you were in that store was Mr. Williamson in when you went in there? A. I did not see him. Q. Did you see him before your father left there? A. I don't recollect of seeing him there before father left. Q. Then you have no recollection that Williamson himself was in the store at any time while your father was there that evening? A. Not as I know of. There was several in there but I did not take notice of them. Q. Who were the several that you know were in there? A. I only know Sam'l Allen to be in, and Charley Kelley. I don't know who the rest were. I did not take any particular notice. Q. You passed down by Patterson's house on your way to this store, didn't you? A. Yes sir. Q. Passed on the same side of the street that Patterson lives? A. Yes sir. Q. Did you see any persons there - did you see anybody? A. No sir; I did not take notice of anybody. Q. You did not notice anybody about that store when you went in there? A. No sir. Q. Was it dark when you went from the saloon to Williamson's store? A. Well, it was getting dark. It was a little dark. Q. Had they lighted up the store yet? A. Yes sir. Redirect examination by Mr. Albright. Q. How old were you at that time? A. 13 years. Q. Which way did you come up from home that afternoon? A. I don't know which way. I can't remember whether it was the road or up the plane. Q. You don't remember? A. No sir. Q. I do not quite understand whether you stated that you went from Kent's saloon to Williamson's store before you met your father at Kent's or not? A. I went with him from Kent's. Q. That is the first time you went to the store? A. Yes sir. Q. (Clothes produced) Look at those clothes and say if these are the clothes your father had on that evening. A. Yes sir, the vest he had on. Q. Look at the coat? A. Yes sir; and the coat. Q. Any marks of a bullet there, any bullet marks? A. Yes sir. That is the bullet mark there (ind). Mr. Hughes Q. Any marks in the vest? A. There is one here in the vest. This is the bullet hole in the vest (ind). Mr. Albright Q. The inside of the vest there shows some marks? A. That is where the blood was on it. Q. Was the blood wiped off afterwards? A. I believe it was. Q. What was your father's rule as to going to any points on Saturday evenings? Objected to. Q. As to the companies' office and Williamson's store? The Commonwealth proposes to prove that he was in the habit of visiting the companies' store every Saturday evening. A. The mining officers used to meet there and they used to have a conversation among themselves, but what it was I don't know. They used meet there every Saturday evening and have conversations, I suppose, with Mr. Zehner. Mr. Hughes Q. State whether your father met there? A. He met there every Saturday evening. Q. And the other mining officers also? A. Yes sir. Mr. Albright Q. He used to go to Harry Williamson's store? A. He used most generally look in to see Williamson. A cross examination by Mr. Ryan. Q. Did you use to go with him to the companies offices? A. Not every night. I used to go with him some nights. Q. How do you know he was in the habit of going there every Saturday night? A. I guess I heard him say it in the house. Q. That is the way you know it? A. That is the way I got his rules for it. Mr. Ryan: I ask the court to order that stricken out. The Court: Let it be stricken out. Michael Myers sworn on behalf Comwl'th. Direct examination by Mr. Albright. Q. What was your business or employment in December 1871? A. I was general stable boss for the Lehigh Coal and Navigation Company. Q. Where were you on the evening that Morgan Powell was shot? A. At Summit Hill. Q. At any particular place? A. At the time that I heard the report of the gun or pistol, whatever it might have been, I was in the office at the stable. Q. How far was that from Mr. Williamson's store? A. Well, I judge it would be about 100 yards, or something like that. Q. In what direction? A. Towards Tamaqua Q. That is west? A. In a westerly direction, yes sir. Q. Were you at Williamson's store before the shot was heard by you? A. Yes sir. Q. How long had you been at the store? A. I had been in the store probably ten minutes. Q. Where had you been before that? A. I had been up town, up street. Q. Where did you start from when you went to Williamson's store? A. When I came to the store I came up from town. Q. Did you pass Williamson's store going up to town? A. Yes sir, but I did not pass very close to the store. There is a bridge right opposite the store, and I came across the bridge but kept on the other side of the road. Q. When you passed there did you notice any persons about the Williamson's store? A. No sir; not in going up. Q. Did you coming back? A. In going up, I noticed four men at the corner of Patterson's fence, up next the armory. Q. That is, you mean, Patterson's fence east of his house? A. Yes sir. Q. What were those four men doing? A. They were standing in a group together. Q. Did you observe them particularly? A. Not in particular, no sir. Q. Which way were they standing? A. They were standing in a group together, right close to the fence. Q. Did you pass them on the same side of the street that they were on? A. Yes sir. Q. Did you observe how they were standing? A. Three of them, I think, were standing with their backs against the fence and the other man standing with his face toward them. Q. How were their faces as towards the road that you were passing on the street. Were they passing you? A. Yes sir; there was three of them passing me and the other on stood facing them with his back to me. Q. They were between you and the fence? A. Yes sir. Q. About how near did you come to them? A. I might probably have been within six or seven feet of them. They were on the street corner there, out a little in the road. Q. About how far was that point where you saw these four men from Patterson's stable gate, if you know where that was? A. I judge it about 75 feet, or something in that neighborhood. Q. East of the stable gate? A. Yes sir. Q. Did you notice anything about the dress of any of them? A. I noticed one of the men had on something that looked to me like a soldier's overcoat. Q. Did you notice anything as to his size? A. I noticed that he was rather a taller man than the rest. Q. Did you notice anything about the size of the other men? A. Well, not in particular; I thought they were not as tall as the one. The one seemed to be somewhat taller that the rest. Q. About how long were you gone? A. I think I was gone about ten minutes, or between five and ten minutes. I could not say as to that. Q. On your return did you go into Williamson's store? A. Yes sir. Q. If you noticed any men on your return anywhere and if anything happened that particularly called your attention to any of them, or if any of them said anything, state what occurred and what you saw. A. When I came back up from town I noticed those same men, as I thought - I took them to be the same men - standing right opposite Patterson's gate that leads into his barn. I then passed on into the store. I did not speak to them nor they to me. Q. Who did you meet in the store - what persons? Just name as many as you can remember. A. Mr. Sam'l Allen was in the store, and Mr. Charles Kelly and Rob't McCready, and the other clerk - I do not remember his name. Q. Well, did you see Morgan Powell? A. Morgan Powell came into the store about two or three minutes after I went in. Q. Did you see harry Williamson? A. Yes sir. Q. Well, when did you see him and where? A. I could not say if Harry Williamson came into the store before Morgan Powell or right after him. Q. Either one or the other? A. Yes sir. I could not say which. Q. About how long did you remain in the store? A. I remained there but a few minutes. Q. Did anybody go out with you? A. No sir. I went out alone. Q. When you came out, or were going out state whether anything occurred? A. As I was going out, going up to the door, I noticed some men standing by the window, as it were, looking in the window. I passed out; I opened the door and went out and pulled the door to, and there was some men came right up to my left shoulder, and they whispered and said. That is not him", and I passed on. Q. How many came up to you? A. I could not say whether there was more than one or two or not. Q. Which way were you facing when you shut the door? A. I shut the door with my right hand and was facing right down the street. Q. Which way did these men come from? A. Opposite to my left. Q. That is toward the railroad? A. Yes sir. Mr. Hughes Q. The window was at the left of the door that you passed out? A. Yes sir. Mr. Albright Q. Now, did both of them put their hands on you? A. No sir; I don't think that either of them put their hands on me, but they came right up against me and looked over; and they whispered, but I don'' think that they laid their hands on me. I don't remember that. Q. Did you hear what they were whispering? A. I could not say positively as to that, but I think they said. "That is not the man." Q. What became of them when you understood them to say, "that is not the man?" A. They seemed to stand still. Q. What did you do? A. I passed on down to the Companies' stable. Q. Did you stop any - did you stay behind to ascertain who they were? A. No sir. Q. Did you ascertain who they were? A. I did not; no sir. Q. Did you notice the men that were standing there and that you heard whisper? A. No sir; I did not. Q. Did you notice how they were dressed? A. No sir. Q. Did you notice the size of them? A. No; I don't think I did. Q. Did you notice any more than the two men that came up to you? A. No; I don't think I did. Q. The you walked to your stable did you? A. Yes sir. Q. And how long after you left Williamson's store did you hear the shot fired? A. I think about a minute and a half or two minutes. Q. Did you hear anything besides the shot? A. No sir. Q. No out cry? A. No sir. Q. What did you do after you heard the shot? A. I ran right in the direction to where I thought the shot was and where I had heard the men. As I ran along the street up toward Williamson's store I heard him hollering that he was shot and ran right to his relief. Q. When you got up to the place where you had heard him say he was shot who did you find was shot? A. I found Morgan Powell was shot. Q. Who did you find there with Morgan Powell? A. I found Sam'l Allen and Mr. Williamson and two or three other persons. Q. Did you know who the other persons were? A. I could not say exactly, but I think one was Charles Kelly and those men that were in the store. Q. Did you not help to carry Morgan Powell in? A. I did; yes sir. Q. The first you saw, as I understand you, on your way up town was four men at Patterson's fence? A. Yes sir. Q. On your return you saw three men at the gate? A. Four. Q. How long from the time you saw the four men first until you saw them the second time? A. Well, I do not think it was more that ten minutes, because I was in a hurry. Q. At what time did you get into Williamson's store? A. It was somewhere in the neighborhood of seven o'clock. Cross examination by Mr. Ryan Q. I would like you to point on this map to the location, as near as you can fix it, where you first saw these four men. (Witness points out location on map) You left your own home that evening as I understand. A. Yes sir. Q. Which is on the south side of the bridge - the railroad bridge opposite Williamson's store? A. Yes sir. Q. And you went up across that bridge? A. Yes sir. Q. And turned down Main St. or Front St. as it is called there? A. Yes sir. Q. Where did you go? A. I went to a milliners store. Q. In Front St.? A. Yes sir. Q. Was that store east or west from Sweeny's? A. From Sweeny's it was down the street. The millinery store was between Mr. Williamson's store and Sweeny's. Q. How far from Kline's corner? A. It is, I think, about 200 yards, or something like that, as near as I can tell. Q. 200 yards farther east? A. Yes sir. Q. But up the street as you call it there? A. Up the street; yes sir. Q. You transacted some business there? A. Yes sir. Q. And then returned? A. Yes sir. Q. Now when you went up the street you saw four men standing at the corner of Patterson's fence? A. Yes sir. Q. Near the armory? A. Yes sir. Q. Were these four men on the pavement or the foot walk? A. The foot walk, yes sir. Q. Was it then dark? A. It was dusk, not right dark. Q. You passed within six feet of them? A. Yes sir, something like that. Q. Three of these men were facing you - that is they stood with their backs to the fence, which brought their faces towards you? A. Yes sir. Q. Were they men of middle size? A. Yes sir, I think they were. Q. Did you take notice whether they were thick set men or whether they were slim? A. I did not notice as to that. Q. that you cannot tell? A. No sir. Q. Did you know any of those men? A. Standing there? Q. Yes sir. A. I did not recognize any of them at the time. Q. Did you talk to them? A. No sir. Q. You say there was a tall man there with a soldier's coat on - I suppose what you mean is an army overcoat? A. Something of that description. I could not say whether it was an army overcoat or what sort of coat is was, but it was rather longish coat, a sack coat. Q. An overcoat of some kind? A. Yes sir. Q. It appeared to you to be an army overcoat? A. Something like that, yes sir. Q. He was a taller man than the other three? A. Yes, I think he was. Q. And stood with his back to you? A. Yes sir. Q. Did you notice if he had a hat or cap on his head? A. No sir; I did not. Q. Did you know him? A. No sir, I did not recognize him at the time. Q. Did these three men that stood against the fence stand along by the side of each other in a row? A. I think they did; yes sir. Q. You were acquainted with Thomas Fisher, were you not at that time? A. Slightly acquainted. Q. You knew him by sight? A. Yes sir. Q. Your were acquainted with Patrick McKenna at that time, were you not? A. No sir, I was not. Q. Did not know him? A. No sir. Q. Had you seen him before that time? A. I don't know as I had. I could not say. I don't know as I had any acquaintance with the man at all. Q. Were there any other persons there? Have you told us now all the persons that were there at that corner? A. Yes sir, that is all I saw there. Q. Well, if there had been others there was nothing to prevent you from seeing them? A. No sir. Q. Have you any means by which you can tell how many minutes elapsed from the time that you left those four men at that corner and went up to that millinery store before you returned to that place again? A. I could not tell exactly but there was not many minutes elapsed because I just went there and put a store goods box of millinery goods inside the store and turned around and came right back. Q. Did you meet any body on the road after you left those four men on the road? A. I suppose I did. I could not say as to that, because it was Saturday night, and a time when people were traveling to and frow. Q. I am asking now simply for your recollection as to whether you met anybody after you left the four men until you got to the store? Do you remember of any person whom you met on the street? A. No sir. Q. Or passed on the street? A. No sir. Q. When you returned to that corner those men had left? A. Yes sir; they had left at that point. Q. And as you passed along down and came in front of Patterson's gate that leads in to his stable, there you saw these men standing there? A. Yes sir; I took them to be the same men. Q. In what position were they then standing? A. They were standing all in a group together. Q. The tall man with the overcoat was there and was he standing against the fence or was he standing out on the footpath? A. I did not notice so particularly when I came back as I did when I went up. Q. But to all appearances they were the same persons? A. Yes sir; the same person. Q. You then went into the store? A. Yes sir. Q. At the time you went into the store neither Williamson nor Powell were in there? A. Well, Mr. Powell was not, I know, but whether Mr. Williamson was or not, I could not say. Q. Have you any recollection of Mr. Williamson's coming into the store while you were there? A. Yes sir. Q. Then he was not there was he? A. I don't think that he was. I could not say; I could not say whether he was in when I went in, or whether he came in immediately after I had went in. I could not say. But I recollect of him being there when I went out. Q. You recollect of seeing him come in while you were there, do you? A. I could not say. Q. I mean Williamson now? A. I could not say whether I saw him come in while I was there or not. I can't recollect that. Q. But you were in there before Powell came in? A. Yes sir. Q. Do you remember who came in with Powell? A. His son. Q. How long had you been in there when Powell came in? A. I don't know; not but a couple of minutes. Q. Two minutes? A. A very short time. I could not say just as to the time. Q. Some few minutes? A. Yes sir. Q. An on your way to the door you saw two persons or more look in at the window? A. Yes sir. Q. You saw them while you were yet in the store? A. Yes sir. Q. Now, those persons were in the light of the window when you saw them? A. Yes sir; they were standing up right outside of the glass, up by the window. Q. Your could see their faces? A. I could see persons standing but I could not see any faces plain enough to tell who they were, and I did not look in fact. Q. Did you recognize who those persons were that you saw at the window on your way to the door? A. No sir; I did not. Q. When you got outside and one or two of these persons came up to you they were at your side - at your left side, were they/ A. Yes sir. Q. They were then in the full light of the window when you saw them? A. Well, no, not so much, because there was a little space between the top of the window that was kind of dark. Q. There was no glass in the door was there? A. I don't remember. I don't think there is. If there was there might have been a shutter on it. Q. Is not the door half glass? A. It was. I think the shutter was on. I don't know. I can't say as to that. Q. Did you look at those persons? A. No sir. Q. Were you alarmed? A. No I was not. I was kind of thinking that there was something not quite right. I was not afraid or scared or anything of that sort. Q. And you thought you heard someone on say "That is not the man" or "That is not the one" or "that is not him." A. Yes sir. Q. Was that one of the men that came up to you, or in other words, did they come up to you at all? Were they standing there when you came out or had they moved towards you? A. As I pulled the door they came right up to me and said as I was pulling the door to - the men came right to me at my side and whispered right against me. Q. these persons were on that platform? A. Yes sir. Q. How many were there then that you saw? A. Well I think there was two. Q. Did you see two? A. Yes sir. Q. The you turned your head enough to see these persons? A. I had a glance of them; I did not turn to look at them. Q. Did you recognize at that time, or at any time that night, either of the three occasions when you saw these persons - did you recognize there any persons that you had ever seen before or that you knew? A. No. Q. Were there any other persons about the street there at the time? A. Well, I don't know. Q. Was there anybody in front of you on the street? A. No. Q. All the persons, then, that were about there were right at your left somewhere? A. Yes sir. Q. None were in front? A. No sir. Q. As you came out of the store you were facing towards the bridge that you came up on when you were coming from your home? A. Yes sir; as I was passing out. Q. Did you notice whether any of these men, or either of them, had whiskers? A. No sir. Q. How long had you lived at Summit Hill previous to the second of December 1871? A. About five years. Q. During that time, Thomas Fisher had been a resident, hadn't he? A. I think so; yes sir. Q. You had seen him often? A. I had seen him a good many times; yes sir. Q. During that time Patrick McKenna had lived there hadn't he? A. I think he did. I don't know as to that. I could not say. Q. Hadn't you often seen him though not particularly acquainted with him. Hadn't you often seen him there? A. I don't know, I could not say. I never had any acquaintance with him. Therefore I could not say whether I knowed him or not. Redirect examination by Mr. Hughes Q. When you went up towards the millinery store it was not quite dark - it was dusk? A. It was dusk. Q. Had it grown perceptibly darker on your return? A. Yes, it was rather darker. Q. When you came out of Williamson's store was it then quite dark? A. Yes sir. Q. You had a view of the men when you went up because it was not quite dark - it was dusk? A. Yes sir. Q. State whether you have seen men since then that you now recollect as the same men that you saw that evening as you went up to the millinery store? A. Since then? Q. You did not recognize them at the time but state whether you have seen men since that time that you now recollect as one or more of the men? A. No; I could not say that. Q. Then the impression that the men made on you was not so distinct that you can recollect it? A. No sir. Q. Or so that you could identify them now if you saw the same men? A. No sir. Q. Were you here at the last court at the trial of Donahoe? A. Yes sir. Q. You saw Donahoe? A. Yes sir. Q. Could you say whether or not he was one of the men? A. I could not say he was. Objected to as immaterial Q. Do you know Alex Campbell? A. No sir. Harry Williamson recalled Direct examination by Mr. Albright. Q. what is the size of your store building? A. It is 42 by 50 feet. Q. Is that its dimension? A. That is the dimension on the map. Q. What is the size of the windows? A. The lights in the windows are 20 by 28 Q. How many lights are in a window? A. There are four. Q. Single windows you say? A. Yes sir. Four lights in each. Q. You say there are two windows in front fronting the street? A. One on each side, yes sir. Q. What is the size of the door? A. That I can't tell you. Q. Was it a large sized door? A. Yes sir; a double door. Q. What space is there between the windows and the door? A. I judge about two or three feet, to the best of my knowledge. Q. What kind of door - is there a window in it? A. Yes sir; double door with lights in it. Four lights, I think, in each side, I think to the best of my knowledge. Q. At that time were there shutters on the door or not? A. Not at that time. It was not the time to close up. We put the shutters on as soon as the accident happened. Q. Was the railroad there higher than the street? A. Yes sir. Q. The railroad on which Morgan Powell was shot was higher than the street? A. Yes sir. Q. Do you know about how much? A. I could not tell; I should judge in fact it might be three or four feet higher than the regular road. It is not used now and the railroad is gone. Cross examination by Mr. Ryan Q. About half of those doors are occupied by windows, are they not? A. Each side - double doors and lights on each side. Q. How far is it up from the bottom of the door to the lights? A. Well, I should judge betwixt three and four feet. Q. Then half of the door is light? A. The upper part has lights all the way through. Q. And the shutters were not up? A. The shutters were not on at the time. Q. At the time this thing happened? A. We put the shutters on at the time the accident happened. Q. The light shown out through the doors as well as the windows? A. Yes sir; it was a dark night and you could see through the window every person inside. We have got three lamps and one hand lamp and in a dark night you can see everything plain. Mr. Fox Q. The windows were two lights high you say? A. Four lights high 28 x 20 Q. Do you mean the windows were 28 inches high or 28 inches wide? A. 20 x 28 each light is. Q. The windows were 80 inches high their - each one was 20 inches high? A. Yes sir. Q. Then they were 56 inches high? A. Yes sir. Mr. Ryan Q. What kind of glass and size had you in the doors? A. They are 10 x 12 Q. How many lights? A. I am not positive, but I think there are four in each side, more or less. I am not positive. I never paid any particular attention. Redirect examination by Mr. Albright. Q. Do you remember Michael Myers? A. Yes sir. Q. Do you remember seeing him at your store that evening? A. No sir; I do not remember seeing him that evening. He was not in when I went out and was not there when I came back, to the best of my knowledge. (The clothes of Morgan Powell were here offered in evidence - vest and coat.) Rev. Allen J. Morton sworn on behalf Comwl'th Direct examination by Mr. Albright Q. On the night of the second of December 1871 where were you - the night Morgan Powell was shot? A. I had been to Ashton that evening. Q. Did you go to Summit Hill that evening? A. I did. Q. What time? A. As near as I can tell it was about seven o'clock. Q. Which was did you come up from Ashton to Summit Hill? A. We came up the plane. Q. What is called no one plane? A. Yes sir. Q. When you came to the top of the plane which way did you go? A. We went, as near as I can recollect along the side of the outer track - the eastern track. Q. The eastern track of what? A. Of all the tracks that were on the rigging stand. Q. Was that track that you came on filled with cars? A. Yes sir, it was generally filled on Saturday evening. Q. But on that evening? A. Yes sir. Q. Did you walk on the rail road? A. We walked along the side of the rail road. But we were near the track - as near as the cars would allow us. Q. Did you hear a shot fired that evening when you got on the rigging stand? A. Yes sir, we did. Q. Where abouts were you on the rigging-stand when you heard the shot fired? A. When I heard the shot fired I presume we were near the old shanty that was occupied by one of the brakeman. Q. You were near what shanty? A. There was a small shanty there. Q. What was it occupied for? A. I think it was occupied by one of the men who spragged the wheels. Q. Was anybody with you? A. Mr. Lewis Richards. Q. After you heard the shot fired did you hear anything else? A. Yes sir, we heard a cry. Q. What was that cry? A. We could not make the cry out very distinctly, but it was the cry of a wounded person as we thought so far as I could hear. Q. After that did you hear anything else that attracted your attention? A. We came a little distance - some few yards, I presume - and saw a man - I did not know the man at the time. That is I did not know his name. I had seen the man previously. Q. Do you know him now? A. Yes sir. Q. What is his name? A. John Baye. I think I asked him - (objected to) Q. You need not testify to any conversation you had with Baye but state what you heard on the track in the direction of the wounded man? A. It seems to me I had gone on a few yards farther - that is the impression I have, and there was a gap in the cars between the two ruts, and just at that time we were about crossing from one side to the other, and we saw three men; three men met us. Q. Which way did the three men come from? A. They came from the direction of the road - up the street that was passing by the Williamson's store. Q. In the direction where you had heard the shots fired? A. Yes sir. Q. And where you had heard the cries of the wounded man? A. Yes sir. Q. Which way were these three men going and how were they going? A. They were making for the head of the plane. Q. How? A. they were making for going down the plane. Q. I mean as to their motion - how were they going as to their speed? A. It seems to me that they were going at a tolerable fast speed, but their attention was arrested when we met them. They almost turned and faced us and afterwards they started at a rapid pace. Q. Did you cross the rail road there? A. It seems to me that we did, but I am not sure of that. I am not sure whether we crossed it or not. Q. How did these men come up, as to which track - the track you were on? A. I don't think they were on any track at all. We were on the one side of the track ready to step over where they were. They were on the space between the tracks. Q. There was an opening of the cars there? A. Yes sir, there was quite a gap. Q. You stepped across then as I understand you? A. I don't know, I am not sure. I think that the friend that was with me took hold of my arm and stopped my going any further. That is the impression I have. Q. Which way were you going? A. We were going towards the street - towards Summit Hill. Q. Do you know whether you were going out the rigging way? A. Yes sir, we intended to go along the railroad. Q. Until you struck the street between Patterson's and Williamson's store? A. Yes sir. Q. Can you tell about how far you met these men from the street? A. Well I could not say as to that, but I should say the length of Patterson's garden at all events. I did not measure that but I am almost positive we were as far from the street as the Patterson's garden extended that way. Q. I wish you would, if you could, describe a little more particularly how these men stopped and how you were going when you met? A. Well we were going together, Mr. Richards and myself until we came to this gap. We had passed John Baye at that time and it seems to me I was going to step over to the other side of the track and at that very point we met these three men, and they cam in an opposite direction to us, and I cannot recollect whether we were over the track or not. I do not know. Q. After they came up to you, I understood you to say they stopped? A. They did. Our presence there seemed to arrest their attention. Q. Was any thing said? A. Nothing at all. Q. How long did they stop? A. Well it was a very short time I presume. Q. Which way did they go? A. They went towards the head of the plane. Q. Did you notice the men? A. I noticed that there were three, to the best of my knowledge, and one was taller than the rest. Q. Did you notice anything about their dress? A. Yes sir; I believe that one of them had a soldier's overcoat on, or a coat similar to an army overcoat. It was not very light at the time. Q. You can't say as to the color? A. It was something dark I am sure. Q. Did you know any of these three men? A. I did not. Q. Were you a resident of Summit Hill? A. I did not reside there at that time. I had resided there. Q. What was your business at Ashton or Summit Hill at that time? A. I was pastor of the Baptist church on Summit Hill, although I did not reside there at that time, and I had gone up to preach. Q. Can you state about what time in the evening this was? A. Well, as near as I recollect it was about seven o'clock. Q. In coming up from Ashton there was a public wagon road as well as this plane? A. Yes sir. Q. Was there a foot path along the plane? A. Well, I may say that by constant traveling there was a foot path. Q. To your knowledge was that a way or a road that was used by the public? A. Yes sir. Q. For foot passengers? A. Yes sir. Mr. Sievers Q. Was there anything in the dialect of Mr. Baye that seemed to be peculiar to you at that time that you noticed? A. Well, my impression was that he was a German of Dutchman. That was the impression upon my mind. Cross examination by Mr. Ryan. Q. I wish you would point out on this mad (produces a map) as nearly as you can the place where you were at the time you heard the shot fired. (witness points out locations on the map) From the time you heard the shot fired did you continue towards the street? A. We did, sir. Q. Walked along from that point to where you met the three men? A. We stopped a little while, I presume, to speak o Mr. Baye. Q. Was that momentary or did you consume any considerable time? A. I was asking him a question. Q. I did not ask you what you said. A. That may illustrate the amount of time consumed. Q. I had rather get your judgment as to the time. A. Well, I cannot say how long. Q. These three men came running along between the tracks, did they? A. That was my impression, yes sir. Q. Did you her them before you saw them? A. Yes sir, I presume the road was very rough. Q. Where they running at a rapid or moderate pace? A. My impression is that they were going at a rapid pace. That is the impression that I had. Q. did you see them at this point you have designated. A. At the gap in the cars? Q. Yes sir. A. Yes sir, I did. Q. After about the lapse of time which it would require to run from the (text breaks - thj) ...f where this man was shot? A. Yes sir. Q. There was no more time elapsed from the time you heard the shot until you saw these three men than would be required to make that distance? A. I do not know; I am not positive how much time was consumed in our speaking to Mr. Baye. If I could make out the space of time consumed in that I could say - I could answer positively to the distance. Q. Assuming that they started off on a run at about the gait you saw them making along there between the cars? A. Yes sir. Q. Were these men together in the same opening between the cars or were hey scattered - some of them between one set of tracks and another between another set? A. Yes sir; I am not sure but my impression is that they were together. I don't believe that there were any cars on that side to prevent them from going - on the other side from me, beyond them. That is my impression that there were no cars. It is my impression it was an open track. Q. They were all together? A. To the best of my knowledge. Q. Running in single file? A. No sir; I believe they were running abreast that is my impression when they passed us at all events. Q. When they passed you were they in this open space where the cars did not connect as they stood on the track? A. They were on the track but we saw them through the track. Q. Then as they stopped and looked at you saw them? A. Yes sir. Q. Did they start on again? A. Yes sir. Q. Running towards the head of the plane? A. To the best of my knowledge, yes sir. Q. Did you look after them? A. I don't recollect. I do not think we did. We ran on in the opposite direction to which they went. Q. Could you tell how far beyond where you were you heard the sound of their running? A. I have no recollection of that but the impression on my mind is that they ran from the time we saw them, but it was not very light at seven o'clock in the evening. Q. At the time you saw the three men together there was nothing between you and them to obscure your observation? A. Nothing whatever. Q. And there were no more than three? A. No sir; to the best of my knowledge. I had the impression of three men on my mind. That is all. Q. And of those three men one of them was dressed in a long coat? A. Yes sir; that is my impression. Q. Had it the appearance of an army coat? A. Yes sir; as far as I could distinguish it. It was not very light as I said. That is to the best of my knowledge. Q. When you met Baye which direction was he going - towards the plane? A. He was not going anywhere it seemed to me. He was standing still. Q. Were you acquainted with Thomas Fisher at that time? A. Well I had seen him, I think, yes sir. Q. Did you recognize him as one of the three men you saw there? A. No sir, I could not recognize either of them or any of them. Q. Were you acquainted with Patrick McKenna at that time? A. No sir, I never recognized him until today. I have no recollection that I had ever seen him. Q. Did you recognize either of the three men you saw there as men you had seen before? A. No sir. Redirect examination by Mr. Albright. Q. Is there any reason why you did not recognize them? (Objected to) A. I was not close enough to them; it was too dark. It may be possible that I could not recognize them even if I were close enough. Lewis Richards sworn on behalf of Comwl'th. Direct examination by Mr. Albright. Q. Were you in company with the Rev. Mr. Morton on the night of the second of December 1871, the night on which Morgan Powell was killed? A. Yes sir. Q. Will you state where you met Mr. Morton? A. Mr. Morton and me was down in Ashton or Summit Hill. Q. The you left Ashton? A. Yes sir. Q. Where did you leave Ashton - at what place? A. John Edward' I believe we came from. Q. And came to where? A. Came up the plane - number one plane. Q. When you got to the head of the plane which way did you go? A. Right down the rigging stand. Q. Did you meet any persons on the rigging stand? A. No sir. We met one man at the gap there. That was after we heard the shot. Q. What gap do you mean? A. A little gap in the cars. Q. Did you say before or after the shot? A. After the shot. Q. After that did you hear anything else that attracted your attention, or meet any persons? A. Yes sir. Q. Now describe in your own way what you noticed and heard and saw in connection with your meeting these persons? A. I heard men running up between the cars. There was a good many tracks there - three or four tracks, and they were coming up between the two tracks - cars on all the tracks. And when they came to this gap we saw the three, and we made a little turn towards them into the road - into this gap. And it struck one that the men had done something or other. (Objected to) Q. You saw these three men? A. Yes sir. Q. Which way did they go after you saw them? A. When they came up into the gap they turned in front of us. Q. How long did they stop? A. Perhaps half a minute. Q. Which way did they go then? A. Up towards the head of the plane. Q. Did you meet anybody else on that rigging stand before you saw the first man whom you named? A. No sir. Q. Anybody between this one man and these three men? A. No sir. Q. Did you go then to the street? A. We went down right straight. Q. On the same side, or did you cross over? A. On the same side. Q. What did you find when you got to the street? A. I found a crowd of men there around Morgan. They were carrying him into the store. Q. Were you living at Ashton or Summit Hill at that time? A. No sir. Q. You were not living there? A. No sir. Q. You were a stranger there? A. I was not a stranger. I had been living there many years ago. Q. Did you observe anything about these three men? A. There was one man with an overcoat, I guess - a big man. Q. Did you know them? A. No sir. Q. Could you know them? A. No sir. Cross examination by Mr. Ryan Q. Did you meet any persons or pass any persons from the time you left the head of the plane until you got down to the street where Morgan Powell was except those three men and the other man you call Baye? A. No sir; we did not; not to my recollection. Q. You could hear the three men running before you saw them? A. Yes sir. Q. You heard them some little time before you saw them? A. Yes sir. Q. The ground was frozen and it made considerable noise when they ran over it? A. Yes sir. Q. Did you notice the dress of anyone except the one man who had the overcoat? A. No sir; I did not. Q. Did not notice what the others had? A. No sir. Q. How far were you away from these three men? A. Well probably three or four yards. I could not tell rightly. Q. The you were from nine to twelve feet from them? A. Yes sir. Q. Then these three men were running between the cars? A. Yes sir. Q. And stopped at the gap? A. Yes sir. Q. At the time they stopped at the gap you were standing opposite? A. Yes sir; we were going towards them. Q. So you were facing them? A. Very nearly. Q. At the time you saw them stop. Now what was there between you and them? A. Well I think about three or four yards. It might be more or less. Q. Was there more than one track between you and them? A. One track and what is between the other track - about four feet, I guess, between every track - something similar to that. Q. How many tracks were there between you and them? A. One track. Q. Then they could not have been three or four yards off? A. I could not tell rightly. Q. The tracks are only 3 1/2 feet wide - that is the distance between the rails. There was but one track? A. Only one track as far as I heard. Q. Between you and them. Did you stand on the track? A. I am not certain. Q. But you were about turning in there to cross when they came out from among the cars running towards the head of the plane? A. Yes sir. Q. And confronted you there? A. Yes sir. Q. Which was nearest to you, the man with the overcoat or one of the others? A. The smallest man of all was nearest to me, and the man with the overcoat was farthest. Q. You did not notice his dress? A. No sir. Q. Did you notice his features - did he have any whiskers? A. I could not tell; it was dark. Q. Did he have a hat or cap? A. I could not be sure of that. Q. Could you tell whether his hair was light or dark? A. No, I could not. Q. When those men left you there they continued on towards the plane? A. As far as I know. Q. Were they running rapidly when they left you? A. They started off before we did - just near the same time. Q. Did they run - you could hear them running towards the plane? A. Yes sir. Q. After they left you? A. Yes sir. Q. It was but a few minutes after you heard the shooting until you saw these men? A. It was not long. Redirect examination by Mr. Albright. Q. When you got into that gap did Mr. Morton step ahead of you? A. I catched Mr. Morton by the shoulder and pulled him back. Q. He was going ahead of you? A. Yes sir. Re cross examination by Mr. Ryan. Q. Did you know McKenna? A. No sir. Q. Did you know Fisher? A. No sir. Q. Had you ever seen either of those three men before? A. Not as I know of. Mr. Allen J. Morton recalled for further cross examination by Mr. Ryan Q. Did any person pass you while you were on that rigging stand from the time you left the head of the plane until you got down to where Morgan Powell was shot except those four persons that you have mentioned? A. I have no recollection of seeing any one. Q. You saw no others? A. I do not recollect seeing any one. Q. No other person going up the plane or up towards the plane? A. Not one. Q. No person coming up on that side of the rigging stand that you were on? A. I have not the least recollection of meeting anyone. John Barge sworn on behalf of the Comwl'th Direct examination by Mr. Albright Q. What was your employment in December 1871? A. Working on the rigging stand, dispatcher for the Lehigh Coal and Navigation Co. Q. At Summit Hill? A. Yes sir. Q. Where were you on the night that Morgan Powell was shot - before he was shot? A. I was in my office making out reports. Q. Where was your office? A. In the middle of the rigging stand. Q. Look and see if your office is represented on this map. (Witness points out locations on map). It is marked "office" on the map? A. Yes sir. Q. Were you in your office on that evening? A. Yes sir. Q. While in the office state whether you heard anything that attracted your attention and called you outside? A. Yes sir. I heard a shot. Q. Where did you hear the shot from? A. Down at the end of the rigging stand. Q. Will you tell us what was the condition of the rigging stand at this time, if you remember as to cars. A. I don't remember how many cars there were, but there were some cars; there was cars on a couple of tracks there. Q. How many tracks wee there on the rigging stand? A. I think near eight tracks. Q. Can you tell how many tracks were clear of cars at that time, or possibly clear? A. I think it was all clear except two tracks. Q. Which two tracks were not clear - the eastern or western? A. the western track was all clear, I believe. Q. And then the two eastern tracks had cars on? A. Yes sir. Q. What is the two tacks nearest the office? A. No; one track was empty; then the next two tracks had cars. Q. Then the other tracks? A. They were all empty. Q. When you heard the pistol shot fired and came out of your office, did you hear anything else? A. Yes sir; I heard a man holler, "I am shot! I am shot!" toward the plane when he hollered that I walked right over in the middle of the track because I heard men come running. Q. Which way did the men come from? A. The came from the end of the plane, from the direction of Williamson's store. Q. From the direction where the cry of the man came from? A. Yes sir. Q. Did you meet anybody there that evening prior? A. I met those men. Q. What men? A. Those three men. Q. Did you know the Rev. Mr. Morton? A. Yes sir. Q. And this man Richards, who was on the plane? A. Yes sir. - not Mr. Richards; I know Mr. Morton. Q. Did you meet Mr. Morton that evening? A. Yes sir; and another man. Q. Whereabouts did you meet them? A. I met them coming back, going into the office again. Q. Whereabouts did these men come up - these three men you speak of? A. They came up from there. Q. Were they on the track? A. Yes sir; outer middle of the track, on the rigging stand. Q. Did you see them? A. Yes sir; they ran right up to me. Q. Where was Morton at that time, another other man? A. Morton was not down yet. Q. Did you see the men? A. Yes sir; I saw two together, and one a little behind. Q. Did you notice anything about the sizes of the men? A. No, I did not notice; it was dark; I had just come out from the light. Q. Did you notice anything about their dress? A. No sir, I did not take notice, because when they stopped I turned right back again and went to the office. Q. Did you observe afterwards which was the men ran? A. Yes sir; they started right up the plane. Q. They started right up towards the plane house? A. Yes sir. Q. Did you see how they came, as to whether they were running or walking? A. No, they were running fast. Mr. Hughes Q. Were they running between the tracks that had the cars on, or on the west side of the cars? A. The west side of the cars. Mr. Albright Q. How soon after you heard the shot did you hear the steps? A. I heard them right away. I opened the door right away, as quick as I heard the shots. Q. Did you hear the steps? A. Yes sir. Q. How long was it before you heard the steps? A. It might have been half a minute. Q. What was the character of the ground between Patterson's yard and the railroad - the rigging stand - was it open ground there? A. No, there was a fence around there; Patterson had a fence around and then open ground. Q. Open ground between the railroad after you get off the rigging stand and Patterson's fence? A. Yes sir. Q. Do you know about how wide the space is there? A. No, I do not know. Q. Is it open ground from the rear of Patterson's lot to White Street? A. There is a regular cut there that goes in. Q. Show the jury where your office was at the time (Witness points out location on map.) Cross examination by Mr. Ryan Q. When you heard the shot you opened the door and stepped out? A. Yes sir. Then I heard a man holler. Q. What did you do? A. I walked right over the middle of the track. Q. Which way did you walk - towards the street or directly down the track? A. No, right straight out, right across from the office. Q. Where was the opening between the cars? A. Below the office (points out location). Q. You walked down on the track, and met these two men, Mr. Morton and the other man; you saw the three men; they came up to you before you met Morton? A. Yes sir. Q. Then you were right opposite your office down on the track. When you saw the three men running up the track towards the plane, you were right opposite your office? A. Yes sir. Q. There were no cars between you and the head of the plane? A. No sir. Q. You heard these three men running? A. I did. Q. From the street or near there? A. Yes sir. Q. Were there any other persons than those three that you saw there except the preacher and the man that was with him? A. No sir; there were not. Q. You could hear persons running from the time they left the street? A. Yes sir; I heard them plain from the time they left. It was not more than fifty yards. Q. Then after you met these three men you turned back towards the office? A. Yes sir. Q. And after you turned back toward the office you met the preacher? A. Yes sir. Q. And the man that was with him? A. Yes sir. Q. How long was it after you had seen these three men there that you met the preacher? A. Well, it took no time to go back - half a minute or so, hardly that. Q. After these three men passed you did they run on to the head of the plane - the three men? A. They ran right on. Q. Did you see them or hear them? A. Well, I seen them and heard them. Q. Until they got over to the plain? A. I did not see them go over the plane because it was too dark for that. Q. Did you hear them running until they got down to the plane? A. No, I did not. Q. How long after they passed you did you hear them running? A. I could not tell how long. They started off. That was all. Q. And you saw them running away from you - heard them running? A. Yes sir. Q. How long after they left could you hear them running, or did they continue running until the sound died away - until you could hear it no more? A. Yes sir; I just heard them run together. I did not see any more. Q. How near were you to these men? A. About two or three feet off. Q. Did you know Thomas Fisher? A. I did. Q. How long had you know him? A. Well, I do not know how long I knew Tom Fisher. Q. Had you known him a number of years before that? A. Yes sir. Q. Was Thomas Fisher one of these men? A. I did not know the men. I did not recognize them. Q. You did not know any of those men? A. No I did not. Q. Were they men that you had ever seen before, as far as you know? A. I do not know. I could not recognize them at all. It was too dark. Q. But you did recognize the preacher? A. Yes sir; the preacher spoke to me. I was bound to recognize him. Q. Did you know the preacher before that night? A. Yes sir, I did. Q. You had seen him before? A. Yes sir. Q. Did you know the other man? A. No sir. Q. Do you recognize Richards as the other man that was with him? A. I do not know him at all. Q. Do you recognize him? A. I do not. I only saw Mr. Morton had one man with him. Q. Did you know McKenna before this? A. No sir; I don't know him yet. Q. Did you go any farther from your office than the cars on track? A. Yes sir, I went over to the other track where the men came. Q. Did you go any farther than to where these men came? A. No sir, I did not. Q. From there you went - back to the office? A. Yes sir. Q. How long were you out - how long was it from the time you left the office until you got back? A. It might take a minute or so. Q. Did you go inside when you returned or stop at the door? A. I went inside - back again, and made out my office and then I went down to the store. Q. Did you hear anybody pass except those five men - the preacher and the other man that went down towards the street and the other three that went up? A. No sir, I did not. Redirect examination by Mr. Hughes Q. There were two tracks on which the cars were standing? A. Yes sir. Q. Now, if the men were on the western side of the cars and you were on the eastern how could you see the men? A. What. Q. You were on the eastern side of the track of the rigging stand? A. Yes sir. Q. And the men went up on the west side? A. Yes sir. Q. And there were two tracks covered with cars? A. It was not up to the office. They did not reach up to the office. Q. When they got up to the office there were no cars? A. No sir. Frank Schwartz sworn on behalf of the Comwl'th. Direct examination by Mr. Albright. Q. Where do you live at this time? A. Mahanoy. Q. Mahanoy city? A. Yes sir. Q. How long have you lived there? A. Something like three months, I think; something near about that time; something about three months since I moved there. Q. Have you lived at Summit Hill at any time? A. Yes sir. Q. When did you live at Summit Hill? A. I lived there at the time Morgan Powell was shot. Q. How long did you remain after that? A. I left that night. Q. About what time did you leave? A. Well, I suppose something about six o'clock, it may have been about that time. Q. Before Morgan Powell was shot? A. Yes sir. Q. State where you were before you left? A. I was in Jimmy Sweeny's Saloon. Q. Jimmy Sweeny's Saloon? A. Yes sir. Q. He kept saloon where? A. On Summit Hill. Q. On what street? A. I don't know the name of the street; Centre Street I suppose it is. Q. Near the railroad? A. No sir; it is a good ways above the railroad on the same side Klotz's Hotel is on. Q. Farther east, toward Sunrise? A. Yes sir. Q. What time did you get to Sweeny's that evening? A. Somewhere about five o'clock. Then I went out and went to Dan Shuck's and came back again. Jimmie Sweeny kept shoemaker shop at the time, and I had a pair of boots getting soled, and I was in there about five o'clock, and the boots were not ready, and I went up to Shuck's and came back again, and I suppose it was about half past five or six o'clock. Q. Who was Shuck? A. He had a saloon in the back alley there. Q. Did you know Mat Donahoe? A. Yes sir. Q. Did you know John Donahoe? A. Yes sir. Q. Did you know Charles Mulhearn? A. I did not know him at that time. Q. Do you know him now? Q. Do you know Thomas Fisher? A. Yes sir. Q. Did you see any or all of these persons at James Sweeny's that evening? A. I saw Tom Fisher. I didn't see McKenna; I don't remember seeing him there at all. Q. How about Mat Donahoe? A. He was sitting there, him and Charles Mulhearn, when I came in. Q. And John Donahoe? A. John Donahoe was up at the Doctor's. Q. State what took place while you were there. A. I treated when I went in, and got the boots after coming down from the shop; I had the boots in my hand, and I paid for the boots and treated what men were in the bar room, I believe. I called up Matty Donahoe and shook hands with him. I didn't know Mulhearn. After I paid for the drinks John Donahoe came in just when I was in the act of treating, and I shook hands with him; I was acquainted with the man. I asked Phil Smith where was he (he was with him) and he said up at Dr. Donahoe's. So I paid for the drink after treating him and Phil Smith, and Tom fisher got up and began talking to John Donahoe, and I walked out. Q. Is that the one who was tried here some time ago - John Donahoe? A. Yes sir. Q. For the murder of Morgan Powell? A. Yes sir. Q. Did you hear what was said between Tom Fisher and John Donahoe? A. No sir. Heard nothing. Q. Where did they go to talk together? A. Stood at the bar. I was up against the bar. Phil smith was standing by the side of them when they were talking. Q. Where is Phil smith now? A. The last time I heard of him he was in Utah Territory. Q. You say you did not know Mulhearn? A. No sir. Q. You have learned to know him since then? A. Yes sir; he was a neighbor in Tuscarora since; I have come to know him. Q. Do you know whether he was there that night or not? A. Matty Donahoe told me. Q. Did you see him there? A. Yes sir; I saw the man there. Q. You saw the man you have since learned was Charles Mulhearn? A. Yes sir. He told me himself he was the man, too Objected to Q. Did you see anybody introduce Charles Mulhearn to anybody there? A. No sir. Q. How did Fisher and John Donahoe talk - did you hear what they said? A. No, I did not hear a word they spoke at all. I believe he said, "How are you," or something like that. I didn't pay any attention to them. I just paid for the drink and walked out. I know Tom Fisher got up and began to talk to John Donahoe. Q. How long did you remain there? A. Just while I was paying for the drink, after Donahoe came in. Q. Did you know C. T. McHugh? A. Yes sir. Q. Where was he? A. I don't know. Q. Did you see him that night? A. I don't remember of seeing C. T. there that night. Q. Do you know whether there was a fuss there that night? A. Everything was peaceable when I left the house. Q. There was not any fuss as long as your were there? A. No sir. Q. Did anybody go with away with you? A. Yes sir. Q. Who? A. A young fellow by the name of Willie Shannon. I met him down at Pump Street. Q. You started together from where? A. We started from Pump Street, from the railroad. I met him on the railroad. Q. Where did you go? A. Went to Tamaqua and put up in Tamaqua that night. Went into Biddy Matthew's on the road and sat down there, I don't remember - I think I smoked a pipefull of tobacco in there. Objected to as immaterial Q. You stopped at Biddy Matthew's? A. Yes sir. Q. Where did you first hear of the shooting of Morgan Powell? A. In Tamaqua, on Sunday evening. Q. The next day? A. Yes sir. Q. How long had you known John Donahoe before that time? A. I might have known him a couple of years, back and forth. I came to Tuscarora in 1864, I think it was. Then I got acquainted with him there. Q. Where did John Donahoe and Matty Donahoe and Charles Mulhearn live at this time, if you know? A. Matty /Donahoe and John Donahoe lived in the Run; I heard him say he lived in the Run. Q. Had you seen these parties at Summit Hill before? A. Yes sir. I saw Johnny Donahoe, I believe, at Summit Hill some time before that. Q. Where? A. He came into Jimmy Sweeny's. I think he came after medicine the same time for a boy or something; I am not certain. Mr. Sievers Q. You didn't hear anything mentioned in Sweeny's that night of a boatman, or the name "boatman" used? A. No sir. Cross examination by Mr. Ryan. Q. When you first went into Sweeny's saloon do you remember who were there? A. Well, I was; I believe Tom Fisher and a couple more men sat there, I think Bob Brislin was in it and Jimmie McHugh. The first time I went in, but the second time the house was pretty full. Q. Then after being absent some time you returned to the saloon? A. Yes sir. Q. The who did you see there? A. I saw Charles Mulhearn, Matty Donahoe, Tom fisher, and James McHugh. There was a good many more in the house, I believe. I don't remember right who all was in the house. Q. There were quite a number of other persons that you don't remember? A. Yes sir. I don't remember, but I remember seeing them in there. Q. How many all together were there, to the best of your judgment? A. I could not say how many. There was a big crowd in it. Q. A large crowd of persons? A. Yes sir; there was a good many men in there. Q. When you went in the second time John Donahoe was not there? A. No sir. Q. You say he had been to the doctor's? A. So Phil smith told me when they came back. Q. What doctor's? A. DR, Donahoe. Q. Did you see Phil smith in company with John Donahoe before you came in there? A. No sir. Q. Did you see them pass this place? A. Yes; I heard them pass when I was in Shuck's; I heard Phil Smith and John Donahoe pass. I knew a bit Smith's voice. That is the reason I asked him where he was. I knew his voice talking to John Donahoe. Q. And this man Mulhearn was not with John Donahoe when he went to see the doctor? A. No sir, he was sitting in Sweeny's when I went into Sweeny's. Phil smith and John Donahoe came down from the doctor's together. Q. Thomas Fisher was not with John Donahoe when he went to the doctor's was he? A. No sir. Q. Matthew Donahoe was not with John Donahoe when he went to see the doctor? A. No sir. Q. Because you found those three persons in the saloon when you went there the second time? A. Yes sir. Q. And while you were there the second time and while you were treating John Donahoe and Smith came in together? A. Yes sir. Q. You knew John Donahoe? A. Yes sir. Q. And you spoke to him? A. Yes sir. Q. You called him John Donahoe did you not? A. Yes sir, I asked him - I said, "How are you, Donahoe?" Q. You called him Donahoe publicly there, with that room full of people? A. Yes sir, I called him Donahoe. Q. Did you speak to Matthew Donahoe? A. Yes sir, I shook hands with him. Q. Called him Matthew Donahoe or Donahoe? A. I could not say whether I called him by name or not, but I called John Donahoe by name; I called him Donahoe when he came in. Q. Did you see fisher speaking to Donahoe? A. I saw him speak to John Donahoe. He walked up and shook hands with him. I don't remember him calling him by name. I think he said, "Mr. Donahoe," if I am not mistaken. I would not be certain, but I think he mentioned "Mr." When he shook hands with him - stepped up to him and gave him his hand. Q. Who was there waiting upon you at that time? A. Jimmie Sweeny, I think. Q. He was behind the bar? A. Jimmie Sweeny, I believe, is the man I paid for the boots, and paid for the drink. Q. This conversation that you have spoken of took place immediately in front of the bar? A. Yes sir. Q. So you were standing there and drinking. Where was this man that you recognize as Mulhearn? A. He was sitting on the bench on the right hand side as you came in - he and Matty Donahoe. Q. Was there any conversation between Fisher and Mulhearn? A. No sir, I saw no conversation. Fisher sat on the other side of the stove like from Mulhearn and Matty Donahoe. Matty Donahoe and Mulhearn sat together. Q. Fisher was not near them? A. No sir; he sat on the other side of the stove and McHugh stood at the other end of the bar from where I was. Q. You left there, then, somewhere about six o'clock? A. I suppose it was about that time. I could not tell right about the time. It was drawing dusk like; coming up to the fall of the year, you know, and it was drawing dusk. Q. Just getting dark when you left there? A. Yes sir. Q. You left there, and these persons you have mentioned - this crowd of people - were still in the saloon when you went away? A. Yes sir. Q. Just at dark? A. Yes sir. Q. You went down past Williamson's store - that was your road, was it not? A. No sir. I went over by the Company's office and went down the railroad. Then the other railroad came across the railroad that I went in under. Williamson's store stands where the No. One plane hoisted up. Q. You went down that railroad right in front of the store? Down through the cut? A. Yes sir. Redirect examination by Mr. Sievers Q. When Fisher and Donahoe were standing there talking how far were you from them? A. I was only a couple of feet - maybe two or three feet. There is a post standing up in the saloon right opposite the bar, and Smith stood against the post. I stood alongside the post and began to talk to Smith. Q. At this time where was Mulhearn and James McHugh and Mat Donahoe? A. Mulhearn and Mat Donahoe were sitting on a bench by themselves and McHugh stood by the side of the water-cooler at the corner of the bar. Q. Was there anyone else at the bar but McHugh? A. No sir; not to my knowledge. I know he was standing at the corner. Q. Were Fisher and Donahoe talking in a loud tone of voice or in an undertone? A. I did not pay any attention. I was talking to Smith, and I heard nothing of the conversation. Mr. Albright Q. At what time did you and young Shannon come to Biddy Matthews'? A. I could not say what time it was. We walked very quick from the time we left the hill, and I think I smoked in Barney Matthew's? I am not sure, but I think I lit a pipe and had a smoke and I asked them if they had any drink - Objected to Q. I want to find out if you know the time, for the purpose of fixing time. Do you know what time you got to Biddy Matthew's? A. No, I could not tell what time. Q. Did you look at any clock at Sweeny's to ascertain what time you left? A. No sir. Q. Or what time you got in? A. No sir. Q. You were in Sweeny's, if I understand you right, twice that evening? A. Yes sir. Q. Do you know whether jack Donahoe got the medicine when he and Phil Smith went there? A. I could not say. Q. Or do you know whether he and others went back to Dr. Donahoe's afterwards? A. I don't know anything about that. Q. Do you know whether or not Donahoe asked in Sweeny's where Dr. Donahoe lives, and that Sweeny told him he would send a man with him, and sent Phil Smith along? A. No sir, Donahoe and Smith were away for the medicine when I came in, and they cam in while I was there. Q. It was after they came in that Jack Donahoe and Fisher met and shook hands? A. Yes sir. Q. Then they stood up at the bar and had a talk there? A. Yes sir; the two stood at the bar and talked to one another. Q. Did they stand there after they took the drinks? A. I could not say. I don't think they had their drinks before I left. I paid for the drinks and walked out; I am most sure I paid for the drink for them - called them up to have a drink. I treated Fisher beforehand, and when Donahoe came I called Smith and Donahoe to have their drink, and paid for that, and I think Donahoe's drink was standing on the bar. Fisher had drank before me, I think, to the best of my opinion. I am most certain I called up all in the house to drink. Q. Do you remember what other persons were there besides John Donahoe, Matthew Donahoe, Charles Mulhearn, Tom Fisher and Phil Smith and James McHugh? A. No sir. I could not name any other man that were in it - and James Sweeny himself. Adjourned