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ilvel whu me ths greater part of iLe time;
I r.c.-or l.ejfd anything Sjj uast bim.
( '.-i-mn:i:;atiuii Hj was in my employ
ami wis true M my trusts ; others asked rce
about him ; heard no one talk aLoat bim
before t his ttecurred.
John (loci was recallel as to Grant Dean's
reputation and testified that it was good.
Thomas Reese I live at Meyersdale; 1
run a coal mine; knuw Iiin sins: March ;
din t know niiicli alxMil bim : never heard
auvlbi'iz asainst bim before this.
lurid Fuller I live in Elklick township
an.lam a Justice of the Peace; seen Ora'U
ll.,in frrn!nnt1v didn't know bim till
March; never heard anything against hira.
.1. I?. D.nn, rivalled. The community
in which I knew Grant Dean is about
Markleysburg; as far as. I know his re
putatioa is goo J ; hs is no relation to rue,
only my father raised him.
J. H. Hutnberson.recailed. I live near
Markleysburg; know TGrant Dean since
we were boys ; his reputation is good.
T. J. Kugle, recalled. Testified that
(jrant JVan's reputation was good.
M. W. Fike, recalled. Said Grant
lean's reputation fjr honesty was good.
S.M. Glisson. Live ,in Henry Clay
township, four miles from Markleysburg ;
know Grant Dean ; his reputation for
honesty is good.
The Court here reaiindeJ counsel for
the defence that an alibi as to Dean and
Hill would be useless they only lieing
held as accessories and of necessity must
have been absent from the scene of the
crime at the time it was committed.
Jackson P. Sullivan, one of the defend
ants. I live near .Beason's Works, Kay
ette county : I know Win. Hill ; he lives!
twenty-five miles from Reason's Works;
on the night of the lltth of April, I was
at John Dinitmro's ; I fix the time be
cause I I oow it was my sister's birthday ;
Dinsmore is married to my sister ; I stay
el there from Saturday evening till Mon
day morning, the loth of April; then I
went over the mountain with my bro
ther to go hunting; I saw 11 ill on the
14th, at my father's house, near Deason's
Works ; we went to Marsh Sullivan s on
Monday, April 13th, and stayed there, I
think, till Thursday ; then we came back
over the mountain again to my folks ; we
came over in a buggy ; Marsh wanted to
get a bouse; I know absolutely nothing
aliout the Yodcr robbery, fiiore than
I have read ; I never saw the goods said
to have beerUaken, except w hen I saw
them here in court
Cross-examined. I don't live with my
father, but live a couple hundred yards
east of him ; went to Dinsmore's on after
noon of the loth; went over the mount
ain on the loth ; had no previous ar
rangement to go; Hill is niy nephew ;
liooseman is not my uncle as I know of;
I was over at Hill's hunting; had my
hounds with me ; wasn't on the loft ; the
door was not locked ; there were no re
volvers found on me; I don't know that
there were any in the house; 1 had a
fowling-piece there; there was no gun
with both hammers up ; my gun was set
ting in the room ; I brought it there to
Beason'a Works is near the place call
ed Cool Spring Hollow ; I don't know
that that is the place where the McClel
landtown gang stopped ; I heard of the
gang through the Jtaer8 ; I heard I was
connected with it, but you can see most
anything in the papers; I don't know
that Hill's house was another headquart
ers of the gang ; I believe I did see some
thing to that effect in the papers ; Char
ley Lais, Decatur Tasker.Hill and my
self were at Hill's on the Sunday we
were arrested ; Mrs. Hill, my sister, and
a lady by the name of Miss .Teats, who
was on a visit ; my sister I was also there
oaa visit; they weren't there cooking
w lieu we were arrested ; I had no revol
ver on my person ; 1 had a revolver
there ; I don't know where it was, I laid
it on shelf when I went there ; there was
not a d.xir locked or threat made ; Tas
ker didn't say he was sorry we ha in't
fought ; I have been arrested before ; it
was in May or June, 1SS1, in Fayette Co.,
for robbery ; I was convicted and sent to
Riverside Penitentiary; wo served six
years and a half there ; I wasn't arrested
in West Virginia ; they didn't try to arrest
me there ; never got anything at Voder's
and know nothing about it ; never pas
sed through Ha medsvi lie for the last
fifteen years to the best of my know
ledge; I went South after I got out of
the Penetentiary to Alabama ; come back
to Cincinnati and went into saloon bus
iness then went to Michigan;' was in
the broom making business two or three
weeks there; went to Chicago then, to
gee the place; stiyed only couple of days ;
then came home to Fayette county last
fall ; have not been doing much of any
thing since, except hunting a lit'.le.
J. M. Sullivan, another of the defendants,
and generally called Marsh, was then sworn,
lie said -I live in Henry Clay township,
Fayetle county ; I know Wm. Hill ; I know
he i over on the other side of the moun
tain on a visit ; he hired a horsj and buirgy
of me on the lllli; I was al John Pi is
more's on the i&h of April ; Jackson Sulli
van was there ttw ; it was my sister's birth
day ; stayed there till Monday ; I kuow
nothing about the Yoder rubbery or the
(good, only what I saw in the paper; know
liothirg about the money or anything al his
house-; never saw his house or bim either
till I saw him here at Somerset.
Cross-exsmined I moved where I live
now last tall; Hill ni ived over to Markleys
burjr lust fall ; he is a nephew of mine ;
didn't arrange to move there together; the
lionses are about a (jnarter of a mile apart;
I was at niy own house when arrested ; I
w tut away in a buggy; I came over the
raour.itiln o:i the litU ; didn't Bo away frusn
bora on the niht of t'u l.Vh !n a fan,;? '
Dan livea Pa the same Lillys I live in; it
wai on Thursday the lath I went away ; it
wai afier dark ; it was not midnight ; I was
not at Engle's and asked lor bread and but
ter; I didn't see E igle at Meyersdaie before
the'Saire; I didn't see. Miss Kugle; I was
arrested .about 15 or H years ao in this
cmntv for assault and bitter; the sen
ten w wai H m nubs in jail; I didn't quite
serve out my time ; I didn't break jail ; 1
crawled out of a bole.
The witness was here asked to state who
mail the hole.-but he declined, and the
jpiestion was not pressed.
I don't know anything alKiut the MeClel
iundtowu kuij; I was never charged wilb
beloniine to it in my own county ; Hill's
house was not my headquarters; I saw
Lewis and Talker there onoe or twice ; I
wasn't in the habit of going there, but have
been there: I got out of jail twice here but
didn't break oat either time ; I went out
through a bole the second time too ; I was
in both times forthe sains orljnse ; the Fay
ette county authorities were not alter nu to
arrest me; the night they were over after
Lewis they were at my bouse ; they said
lf w.'re after Curie L?wis.
Mr. Holbert of counsel for the defense
bereoflereJ the record to show that when
Marsh Sullivan was indicted for Jill-breaking,
at the time referred to ia his testimony,
the grand jury ignored the bill against him
Wm. Hill, one of the defendants I live
near Markleysburg in Henry Clay township;
Jaoob'Anderson owns the property ; I rent
ed it as a dwelling; moved in shortly after
the fall election ; stayed till arrested ; I know
Lewis and Tasker; they were thereat ray
bouse over night ; they staid ous two or
three days, paid for what they got and went
awa ; the second lime tbey came they al
lowed to go away on Monday and then
these parties came on Sund y and arrested
them and me too; on the J.Sthof April I
was at my mother's at Season's works; re
turned on Sunday; the Suilivans are my
uncles; know nothing about those goods
shown here; never saw the stockings; they
had fetched satchels and I supposed they
were their clothes ; I am a member of the
Cross examined Lewis lived in t'nion
town an I Tasker livelon Brady's farm; I
worked with them in the mines some time
ao ; they stayed the first time 3 days at my
bouse, nobody was hunting for them then :
the Sheriff of Fayette county didn't come
there after me and them ; I was not charged
with any offense; Jack Stilivan wasn't at
niy house when the Sheriff of Fayette
county was there; the Sheriff wasn't there
watching ray house to my knowle:lgJ ; Jack
Sullivan, Tasker an 1 Liwii weren't staying
there: when tbcv were there they were out
of the house and around the fields where I
was working. Tiiey talked awhijsand said
they were going to Davis City, and stopped
there to rest np; they were g )iiijto go fnh
in; and hunting and then were going away ;
they were all going fishing; they were there
three or four days before they were arrested ;
I don't know their fishing was done mostly
with revolvers aud shotguns; there were
three revolvers there that didn't belong to
me ; 1 wis out in the wood yard when they
arrested me; I d m't know which one
brought the bundle with the stockings ; I
was not at the house when they came ; r
was there when Jack came; my wife was al
borne when they came ; I came back on the
14th ; I was arrested somewhere towards the
last of the week ; I had M irsh Sullivan's
horse and birgy ; these men made no re
sistance that I saw ; I don't know they were
up stairs; when my wife aud were pat un
der arrest I said we would walk away for
fear some of these men would shoot.
The witness was cross examined further
but persisted in bis denial of all knowledge
of the robbery. H i admitted, however, that
he was arrested in I'niontown for getting
Grant Dean swim I livel formerly In
Fayetle County ; within the last year I re
sided in Somerset County ; I lived with John
Ienti on the 1 ih of April. I don't remem
ber whether I worked or not ; on the nig lit
of the l-Jtu I was to see my wife at Henry
(iel '; got thereabout 8 o'clock; I was ar
rested at Joseph Savage's in Fayette County;
when in Fayette County I made my home
with Marsh Sullivan ; I know nothing about
the Yoder robbery only what I read and
talked to jieople ; O.i Sunday ni iming after
the Yoder robbery I went to St. Paul's
Church and saw this young lajy an 1 askd
her if she knew of folks going after tli3 roo-
bers ; she aked me why I didn't go and I
said ihty were too flip for me.
In regard to the testimony of Ephraim
Elicit-', a witness for the Commonwealth, ex
amined yesterday, the witnesss said he was
joking when he said, " Tais is w.iu of Yo-
I went to Fayette County because I hadn't
been there since the election. I haned a
man $19 up there ; he was to send it to me
and didn't and I went np to get this money
and attend tnsom; oth b'tiiness.
Cniss-cxaniiiied. When I was with Marsh
Sullivsn he lived in Boss IVan's house;
Marsh married a daughter of the man that
raised me. I hadn't been there for a good
while; at that lime Hill hain't went to
housekeeping; knew Fisher; never saw
Lewis but once before; I never asked Mr.
Livelihood whether John Beacby or Peter
Hay had' any money; Livengood is mistaken
This witness was cross examined some
what further, but nothing important was
elicited, after which the defense announced
that their case was closed.
The Commonwealt h stated that they were
willing to allow a nolU r, in case of Grant
Dean and a motion to that effect was filed
with the court by tlie D'strict Attorney.
A Her sumo discission a motion for a rvilt prm
as al-o filed in the case of Wm. 1!. Hill
with the understanding that he be bound
over to appear either in Somerset or Fayette
Counties as receiver of stolen goods. The
Court allowed a nolle proa in case of (Jrunt
Dean and bound Wm. li. Hill over in the
sum of $1,0U0 for his appearance at the next
term of the Court of Quarter Sessions to
i-1 . ... " i. yv.Vii.u-. -,J 1 -answer
the charge of rVv!n? efo'.en j.-wid.
Aii.U'UKXf OF (vtr ysr.l.
Toe DNirua Attorney, F. W. P.;.-c,i:er,
opened the argument for prosecution, by
first derailing the circumstances of the rob
lrv. The evidence was then ail review
ed, showing in his estimation that it fastens
the crime ou the eccjse-1. 1U said we
have shown by u.-K:itradieteil testimony
that the accuse 1 pirtiei were hi the Cu:ity
on an 1 about t!i; Yo!- s-ttiemvit, goin;
from place to place, and making suggestive
inquiries as to rich firmer. They were not
working anywhere, -r seeking employment.
We have, also, proven that th-r were
in the County on day of robliery. Also,
they were identified by Stevanu. K!la Baker
and Miss Wilhelin who were at Mr. Yoder'a.
and who were tied by them. After the rob
bery we have shown that they wjra g ing
outof theCmmy towar.ls Fayette Cra-ity.
and were arrested with the stolen property
in their possession. This was clearly proven
by such witnesses as the three llanna's, and
other reputable men of the County. The
attempt to prove an alibi by immediate re
lations and jvl birds wis, as the jury well
knew, a most miserable failure. I'nderall
the circumstances we do not doubt that
your verdict, gentlemen of the jury, will be
guilty iu fjrui and manner as indicted.
John H. I'hl, for the defense, referred to
the gravity of the charge showing the pen
alty involved if couviction follows. He said
in substance that the prosecution failed to
identify clearly any of the accused. Only a
few ofthe witnesses said they saw either of
the Suilivans in Somerset Connty, and they
were not positive in their assertions. We
contend that they have not proven the pres
ence of either Jack or Marsh Sullivan iu the
County. All we ak is a verdict in accor
dance with the sworn testimony.
We have proven by good witnesses that
both Suilivans were over in the region of
I'niontown on the day ofthe robbery and
on several days after this. How could
these 7 or s witnesses be mistaken, or is it
possible that they have perjured themselves.
These witnesses swear positively that both
the Suilivans were at the uirthday party at
Densmorc's iu Fayette County on the 13:b
of April, the day Mr. Yoler wai so fearfally
abused and robbed.
The argument founded on the fact that
the Suilivans had been in prison, ought to
have no weight. They gave testimony like
honest men, and do not they look like truth
Court couvened promptly at 2 o'clock ;
and four prisoners only, viz. Lwis, Talker,
and the two Sullivan's were mardialed in
by the Sheriir, the others having been dis
charged. A. C. Holbert, Esq , one of defendant's
counsel, addressed the jury in substance, as
Wc don't deny that a robbery was com
mitted at Voder's house, nor are we here to
say a word in palliation of the crime; but
are here to deny that these four men, nor
one of them had anything to da with it.
The jury must divest their minds from all
pnjudiccs ami form an opinion on the evi
Certain principles to be kept in view, viz.
Every men is presumed to be innocent
until fonnd guilty ; the prosecution must
make out the guilt ofthe accused, and show
that none other than they could have com
mitted the robbery ; that the prisoners must
have the benefit of reasonable doubts. What
is a reasonable doubt? Many definations.
But take this, if you were particularly con
nected with the prisoners a doubt would
lead you to acquit. So you ought to view
your duty in this case.
Four men are weeded out, and only f ur
are before you ; Stevunus tries to identify
them, and having seen the men often, li lol
ly, through prejudice thought they might lie
the men. E la Baker klentili.-s Lewis and
Tasker, by having seen them liefore ; could
not others have been mistaken for them.
Mr. Yoder, with good eyesight could not
say these were the men who so brutally
abused and robbed him. Again, none ofthe
money was found and identified, and the
fact that a few dollars were found in the pos
session of one ofthe Suilivans was no evi
dence, as any young man could easily make
a little money. The prisoners were not
identified by any eculiar mark about them;
the witnesses only saying we know them be
cause we know them; it is like saying the
cow crossed the road because she crossed it;
the Commonwealth has proved too much,
llanna's and McClintock's testimony don't
mix more than oil and water; what becomes
of the shadow of the shade the latter spoke
of. The men carrying bag, seen by him,
seem to be other kind of men than those de
scrilied by Haniia. Four men travel over to
Elklick but only two returned. What he-
came of the other two? The Commonwealth
only brings two back, Lwis and Tasker.
Where were the Suilivans? We have already
proved that they were over about I'nion
town, thus proving an alibi. Yon would
prove where you were at any certain time
by the friends with whom you were; the
Suilivans proved where th?y were on the
13th of April by a brother-in-law, Din3iuore.
Prosecutors try to prejudice the case by
sinking into yenr cars ti e batidtcds of the
McClellaiultown gang. Joe Paul, and Peter
Gooeman swore the Sullivan's were at
Dinsmore's at the time named. So Polocksa
Both Suilivans, and their brother Henry
testified to sanii effjet, Ja :'i Sillivan incir
cerated here, with no opportunity of con
sulting with others, telisa stiaight-forward
story. Xo evidence of collusion.
District Attorney most unfairly tried to
prejudice you by saying if yon believe the
theory of an alibi, you are doing injustice
lo the Somerset duich. It was the most un
fair thing he ever heard.
Do not your consciences tell y oa thtn are
grave-doubts of the guilt of any one of these
F. J. Kooser, for commonwealth said
among other things : Pear with me only a
little while gentlemen of the jury. I will
not weary you.
The case is greatly simplified by having
only four men before you. Let me first dj-
to ti.e ,!. Cv.i-
ill what a burglary Wt hv ir.-d
what woioieti im. t;. l..-ut of nil 1r
of lufl t:irn I'rovr.l ih.it fo.ir vinsin-. tsiw
ar t-. !?.' J into Yk! -r' houfl. Didn't
kn6 what w.m'd he tht naiureof their de
fence, didn't- know but w'nt th; dodge
would be Louis' favorite heart disease.
As in ihe fim xis Daniel-Pick wirk case
ihev Wave tried old man's Weiler's l,bt
We cii do t gt I old ol the ni. i y ahe
p.niiiul rtu f!. , ll.tr side lock caie to
pal of criminal law
We have found them enmivg into Somerset I innocent f any ott'-. use uti'.il tae t.
U.tiity. g in ; o.-t K :ie. je:.l.tig
tinif there. The F.-iles o te-tii'y. a well as
ome others. !'! and Tjr-kcr had U-cr: at
.iU'i tti en i'
Who commoted th olf n
...i-.t;n fi.r the i-irv. Tiie lirlu ol ! H vs A:i
.In, -.riii" that utisco n .dUe 1, same ar
ar.-l who e.ciiiii.l'.ed it, i.es upwa the aays th.-y Iu : s
; Commonwealth, whose dry it is to 1 1 ientiae I wit.i
! taUl.liahe 1 it. 1V pro.f that salNtim V'"J ; w.-r I-
! ..f the ouill of th iievus."! !arti"-s liHvun l : Juo. Wa'
i are.s-on ib.'.oubt ; for it is a first pritici-! A i."i-tin-.
that everybody is Israel Honvr rec-i.'-'ies
ui-, he saw ifu.ig n;i on i l.'i of
nioiiwealth provt s gmd . Tnetomnvn-j VJ'n .roti.s witai-s v,
wealth in its effort to prove "lilt, calls -o inmn-t Th'in-is, A-iL
tir.-t Samuel Stevanus, who tiiiies to ' an 1 II.lt. leu t',.-
It 1 I h
ier c r
the house a week before, ai d knew about . jie Inirlarv ami the felony committed i o'.tt of the case an 1 yon :a .
how to enter by the two doors. They had
asked about rich people.
On the 11th of April Marshal Sullivan left
home and was away np to the 14th. And
now two pairs weie tern at Ilarnedsviile
and Walker's Mill, herein Sorrerstt County.
Ti?sue and Wright two witmsns aw and
identified them by the bine necktie and the
big collar. Thy were iten to I moving in
the direction of Yoder's. Both Mr. Englc
and his daughter saw Marshal Sullivan when
within a mile of Christian Yoders.
As to the crime i'self language fails to
describe it. Only brutes and cowards are
equal to such a deed. And here they sit
Stevauntis saw them there t-t four hours.
He had the best of opportunity to see and
remember them. Likewise Ella Buker,
Lewis and TaskeT were arrested by Hanna
and others. Where were the Suilivans?
Too well known to hi prominent and there
fore they elude public observation.
We trace them to their rendezvous near
Markleysburg, and find them in possession
of Yodcr'! goods.
As fo the alibi. Brother-in-law Pollai k,
and stepfather Pitismore had much to say
about celebrating Dinsmore's wife's birth
day with a good deal of whisky, Cooseman
and Taul were theie.
Henry Sullivan, a brother, one of the
alibi witnesses, admitted having committed
a robbery with his brother Jack, anil serving
six and one-half years imprisonment in peni
tentiary for it.
As to Jack Sullivan, he has not done one
honest day's work since out of the penilen
as one who was there, an inmate (f Mr. enquire ..fas to them.
Yoder's dwelling. It is not necessary to . Mr. Fuils-u t r: leavotv !
detail to you the manner and the c-u.-lty j some lia.n f.m:i 1 in !oe sack-:
of the act. The goods there stolen, he l ler, the sutrir an 1 inoul.is.
savs, were about of Mr. Yoders, t
Slieritf Kvle and It. I
of Miss Baker's, and that some stiar, ,tt th arrest, au l the
hams, chestnuts, stockings, pillow slips, ' pt.u-eof arrest t.f the parti.-t,
sackes, jewelry and a deurj din, there of the stockings which .Mis
before the burglary, were tnlssinjj after-Ui;jed as hers, in Hiii's hoi:sc
wanls. He testified how and by w hom I of the priiners tlie.i w -re.
he and tiie other inmates of till houv Peter Albright test
were tied. He undertake-s to ioentify
certain of the defendants as partie-s ilo
ing the act ; he points out Iis as the
man w ho tied him ; that he saw his face.
As to Tasker, l.e judges from si.e and
voii-e ; says he saw eyes of one hi now
says was Marsh Sullivan, and siw the
upper part of his face, above the um-f-tache.
Kllen llaker, also an inmate of Mr. Yo
der's dwelling at the time of tiie robber
ry says the stockings that were: iucvi
tience 'and which were fouu i in tiie
house where the arrest was mad
hers, and were taken at the time ofthe
i' isi r
es as to the :;r
and the in on.'V tik-.'n from the pri s, ,,
none was produced on trial, and i ..
fcrenee can he uialt from it; r. r
apv.-ars to identify it. It h.i 1 Ik u i:
vertently deposite.1 by t!ie otli -er.
t'uthis testiiiionv ihe l'.uim.,;ii.i.
9'ek toc.jiivict these fiur pri.mt r- u.
o'ense ciiart J.
Whether the itn -s.scs satisiied i
to the identity of the parties, is f ,r
Tiie d -f-iisa set up. is as to the
S'lilivans, Marshall and Jackson, th.
all alibi. It is alleged thev were at
are . time of the alii ;cd burglary,
j county, a distance of more th;
burglary ; she point out Lewis and lack j aw ay on the day and time and f-.r a
Sullivan as two of the parties and says j previous and several days afer.
she could not then seethe face of the j that therefor" it was im'Kisslb'.e
others. SUe testiSea that a week before j these t. Stiiiivanojtiel h.ive ite-a ;
tiie Imr 'iarv Lew is and Tasker were at jtioi pirns in tii-t Ittir'.arv.
j Yoi'n r's and git their su;i; ;-r, and slie j A;i alibi is as m i.li a tracer-.-
a'mu Kates thy kind of property taken. crlma char - I as any otiter .h-f n-.-,
j Christian Yoder, the old genlltMitn proof tending to esIaotUh it, th-.t:;!i.
j whoso dwelling was hurg!ari.:e.i, g'vts an i clcir may with other ficti of the ,
tiary, but floated to Alaliama, to Cincinnati, j account of his loss tn t tae m in:u r ot j raise reas ui i -.le .i .:i.-t c! g n.t.
to Michigan, to Detroit, t!ten to Markleys-! the entrance into his duelling and the j In casts where the Common-,
hur nnd over here into Eiklick township ;: cruelties inflicted noon him. but don't i rests upon positive and tin lo.ihte 1 -
living how ?
We ak in the nameof all we hold dear
that you render a verdict of guilty.
A. C. Holbert Esq., said be wished to say
he did not receive the money taken from
prisoners. Mr. Kooser replied thul lie did
not say the counsel took the identical
The Judae said it was an error to take the
money and place it so as not to be identi
fied. jtik.k iiaeu's cnrti;F
(Unlh imn of the Jury : Whether the
prisoners at Hie bar are or are not ofthe
"MeCleilandtowu gang" should not af
fect your finding in the issue you are
now trying. The prisoners at the bar
staml indicted for the offense of burglary.
The indictment charges the offense as
Burglary is the breaking and enterng
into the dwelling house of another with
the intent to commit a felony therein.
The statute prevailing in Pennsylvania
provides as follows :
If any person shall, by night, wilfully
and maliciously, break or enter into tiie
State capitol, or other public building
belouging to the Commonwealth, or to
any city or county thereof, orto any Isxly
corporate, society or cssociation, or into
any church, meeting house or dwelling
house, or out-honse, parcel of said dwel
ling house, 'with an intent to kill, rob,
steal, or commit a rape, or any felony
whatever, whether the felonious intent
be executed or not, the person so offend
ing shall, on conviction, be adjudged
guilty of felonious burglary, and be sen
tenced to pay a fine not exceeding one
thousand dollars, and to undergo an im
prisonment, by Bepiirate and solitary con
finement at labor, not exceeding ten
So much has been said of the enormity
of the ollense charged ; and of the ne
cessity that a jury should carefully con
sider all the evidence in the ca.se, and
should, after receiving the law from the
Court, fairly, impartially, and without
prejudice or passion, and without any
influence from outside sentiment what
ever, decide the issue on the evidence.
The issue is the guilt or innocence of
the prisoners ; keep this in min 1, and
thrust aside all feeling that may have I
been incited in vour breasts on first j
undertake to identify anv ou t. lie I of the prisoner's guilt, it shotii-1
states how. bv cruel treatment lie uj- overcome uv test man Mil clear a:,
isfactory evidence of the allege I a.,
Tiie evident-? which t-'-i Ut" c-.
an alibi, is fir tht j try, an 1 th ri.
alibi be set u: by the del'.'tis , th
d m of proving the prisoner's
thereby shifted. The b tr.len rt--r. i;
the (' ciriionweait'i to s.li-i'.' lb., j
i-aiiic uiK.onsci y.is, and is h:;iice unable
to s;iy how they appeared.
Fannie Wilhelin substantially corrobo
rates tiie shiteuienW of Stevunu-t, Miss
Baker and Mr. Yoder as to tiie burghiry
'and the manner in which it was done.
Anna Ktig'.e, early in April preceding
the hiinrlary ays Lewisand Toslit-r came ! guiit, beyond a re ism i'
i to uer lamer a lor apples, etc., ami an
j that on the day of the Yoder robliery a
I man came and usked to buy a loaf of
bread an l some butter; she undertakes
to i lint out the. man as Marshall S.iili-
van, a prisoner ou trial.
J3. Y. Muust ais he saw men whom he
points out as Lewis and Tasker, and who
on. 1tli April 1 Sst) ate supper with him at
Geo. Kubright says on (Ith April l.s.s
he passed two men, w hom he now sints
jury must take into r. ,'.. ra", ,i ,i tl, p,
j facts in the case and th-? ; r. f t 4
ibi in couuttg to a coii('iUsi;i. teijioi
This as tii the aiibi involves the
tier in which witnesses testi'y tt.t-i-mrj 1
hiiity of thi" witness, aii-ith-.-re.is ;u rie
ness of the a'ubi s-t n: tiie j :: v -.; Joiips
er whefiier the alibi us to ti::. I
istaken as to titn- j
Uinst.in.v.s, ;;tl 1 the ;
I n( t;i
"onably made out; fr tiie fa, t
p-arties presence at a certaiti pi
certiin occasion msy Iw a'.i true
nt'sses ni.iv hs mistaken as to
the time and circt
iished. it is evidence liiie
deuce, and may be a full
eliarjr-. And eve!! tii Mi'-
establish I. it liny with ot
the case if anv ar.? ft ri l rt
II'. t -
out as Lewis and Tasker on their nay to
Wm. Drown found two nu n on Wm.
Meyer's hay mow the Saturday preced
ing the robberry.
Tlios. P. Dean, of Fayette county, says
he lives in ihe same house w ith Marshall
Suilivan, and that he, Sullivan, was fro n j .(i,.. doa'ii.
home from April lUhto loth. j When an aiibi is d i'y est i',l .'
John Davis s.iys he saw four men in I ,, f)f the most decisive tiefen
pairs of t.vo, passing soma distance npat (j,,. evilen"'j ailucl to .-nee
on I'ndof Apr.l on Cnlluence road going! ai:;,; to bj uiin'ifely ci-
in one direction, and on loth, of April jal,. the p!-i is o it c luvi'isiv.- u i!
saw two men going iu opposite direction ' circtl ti-tii.icei surrjun iin it. sli e
carrying sacks, and p-jinLs out Lewis and jt was i:iipssihL for t!u prlsi-i
Tasker as the men, passing both way.-, j i,.lve com nittl ths oii'ii or unl.
A.Co'.ighenour, saw4 men in pairs, pass pn1f 0f the alibi an I tht other !
in Addison township, to of w li jiu he j the c ise raise a reasonable doubt
ioints out as Lewis and Tasker.
Mr. Tissue, on l.'ih April, saw fmr
men eotne, and take cross cut over hills
one of whom looks like L?a is ; one like
Hosard Wright on 1 h nfApri!s.iw
live Strang rs, four of tliim in pairs; cne
some distance in rear, passing through
Harneiisville, in this county, he says he
recogui 1 1 one as M irshall Saliivan, and
savs he Sii.v men whotn h s p iintsoir as
T.j sustain this alio':, the d-tl'jti ;
1st. J. C. I'i'l s ks siys sa t!
vanjuys, M irsli il! ati 1 .1 ick- ..i
pril i.t hts li ii t i.i Faye'.tc
Pollocks is brother-in-U of S th
2 1 1. J i'ii Iil-isiitr? siys ;
M irsh S.iiliv.iu w -r ; a' his h i n
i-t'e frj-i; 1 !:'i April tI";li, e '
Mrs. D.usin ire's birth I iy; - i
hala lively pirty;siil h t.
S lili vati, one I'aa! an ! a M '
I.-'wisand Tasker carrying sacks liilctl. to h'.i house tli.it nL-ht-
at a later day."
Win. 7. i fa! I says. in l".h of April he
mw four men; recognized M. Sullivan
Theo. Kngle savs he saw a man at Lis
hearing of this great offense. Know no ,,l;ice p;t), of April, 1S-U ; as!;j.l to buy a
JiroMier ia-l.rv of Si'liviti' !
vo l will rjiii.'tu'j T wli.it ri i.i': i
tlr I. J n.'Vi Pan' says !,
anl Mir sli at Dhmni'S tn I
at tht c.tle'ira'.iou :i i re'.i'.Ive.
county or township lines; i.oou at me oflf 0f bread and butter; take M. Sulii- 4ih. P. W. fl isvn ii -ays
prisoners as men try them us men Tan to he the man. I'lns n ire's on the Itlth ..f A:
and decide honestly an l justly, on the j jr. u,aaeu Mys met throe ni-n in feas: ; I think in-sai l t' t
evidence, between the Commonwealth country, were going towards Fort Hi;!'. ! his c -ctsiu t anl that w.,
and the prisoners. j two nj on ;,0iiltlers ; on Sun-.lsy. j father of Tasker.
Let no other Crimea that have been April Idlh ; thinks Ijwia and Tasker JJ -nry Su'livin a '
committed in t'nis county have any ef- 1 were Iwo of them, j iarJ, ,1 a., "ja,-k ,n - i. I h .
feet npon your minds in finding a ver-J M. McCiintock saw three m"n evening ' birthday fcatf oti i ;h .'
diet. Try the prisoners on the charge of 14th, near Fort Hill, one had a mwIc. I hroiher were there. Th -
contained in the indictment; and on that j Says he feels certain Talker was one, b it J cross-examined to a;f vt . - 1 '
miw'ht be mistaken. mitted he tmre s.'rve.l a - .
D. J. Hinna sty a on the loth April he ; on R charee of robbery. ;
saw I,wisj anl Tasker in his father's! i;.jL J:.cksin P. siiii:
l... .:ti, . fc,...!. i .i ::... i . " .
...... w i n ..eii.tj-i.1.1, ; .jehntlatiK savs lie w-ts
meat m on- sack ; an 1 on I J:i of A pril
haJ seen f nr mn piss ia couples ; re
cognizes Jock Sullivan as one, but nit
abs ilute'y p jsitivo.
Wm. II. mm stiys he saw I.wis and
Tas'.ier in his barn at 1 1 o'clock of l"ith ;
nw tliem on them on road atlfrwurds we-i!th un lerto
ofthe day ofthe Pith of April, l.Sfj) broke j with sicks; det liis how arrest wai m 1 1 , j cross exam! nation a I i
and entered the dwelling house of Chris and that ho left them in custody of: (win in tin? penitciitiar;
tun Yoder, one of the gool farmers of Augustine an 1 others. j 7th. J. M ir-lu'l S i 1
this county, and there committed a felo- i J no. I Ian na says on l'tth ofApiil he I was at the sister's f.at
ny. The offl-use there committed was, helped to arrest Ljis an 1 Tasker ai he I on the l'jth, ami .v u n
(live all Uie evidence due considera
tion gn where the evidence of credible
witnesses leads you; whether it lead to
guilt or innocence; ami be not swayed
from the right and from duty by sym
pathy or by prejudice, or a feeling of re
venge. TUB EVIDENCE.
The evidence, if believed bythejnry.
shows that certain persons, on the night
p-rty of I.Ls sister en ti
others w ho t. -titie I as
was then? III! the !"'h.
he knows anything i f t
liery, and denies that
places where witn -ss e't
to i I.-
, r, his
"' Soitj t
' :' 0 th ni
' ried at t
hry t iu
I 'ha i :i,-.
-. T1 Di
milij ' "
' ' vas I.n
1' t il.io peat
a oniey th
: O tL.j th
foss pjj N
. rict Aim