WITNESS LIST

Elizabeth Holney
Daniel Shook
Thomas W. Renshaw
Dr. Horace DeYoung
Dr. R. Leonard
James W. Williams
Henry Murphy
David Evans
Stephen Smith
Jacob Fulton
George Purnell
David Randall
Ralph Mattross
William M. Parkinson
Jacob Livingood
John Gouldner
Elizabeth Southern
Wallace Guss
Andrew Lindsay
John C. Rutter
Dr. Horace DeYoung(Reed)
Samuel Beard
John C. Conrad
Johnny Cuman
Michael Beard
Julius Smith
George D. Priser
H. J. G. Newmiller
James Lewis
Cornelius Davis
William E. Hendricks
Edward Febich
John C. Rutter (recalled)

Elizabeth Holney, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where do you live?
A: In Mechanicsville.
Q: Where did you live on the third of September last?
A: In Mechanicsville.
Q: With your father at Mohton; do they call it Mechanicsville?
A: Yes, sir.
Q: Do they call that Mechanicsville?
A: Yes, sir.
Q: You lived next door to John P. Jones?
A: Yes, sir.
Q: On the morning of the third of the third of September last, did you hear John P. Jones leave his house?
A: Yes, and he went out through the garden.
Q: Passed out of the rear of the lot?
A: Yes, sir.
Q: About what time?
A: I guess it was about five minutes before seven.
Q: In the direction of the Station at Lansford?

Cross examination by
Mr. Kalbfus:
Q: What were you doing?
A: I was standing in the window; at the window looking out the window.
Q: Did you see him when he went out the day before? What time did he go out that evening?
A: I guess it was some time before seven o'clock.
Q: Did you see him the morning before that?
A: I don't recollect.
Q: What makes you remember of having seen him that morning?
A: Because I was standing in the window every morning.
Q: Every morning?
A: Yes, sir.
Q: Did you hear a pistol?
A: No, sir.
Q: Do you know where he was shot?
Q: How far from where you saw him; how far was the place where he was shot, from where you saw him?
A: A good bit; I don't know how far.
Q: You did not testify in the case of the Commonwealth against Michael J. Doyle?
A: No, sir.
Q: Or in the case of the Commonwealth against Edward Kelly?
A: No, sir.
Q: Since then, your father has been appointed boss; to the place of John P. Jones?
A: Yes, sir.

Redirect examination by
Mr. Albright:
Q: Was Mr. Jones brought back that morning; the last morning you saw him?
A: Yes, sir.
Q: You saw him brought back; how was he brought back?
A: He was brought back on a board.
Q: On the evening before he was killed, did you see him anywhere?
A: Yes, I saw him in his garden.
Q: About what time? That was Thursday evening?
A: That was about five o'clock.

Mr. Kalbfus:
Q: Who told you to come here?
A: Mr. Albright sent up.

William Williams, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: On the morning of the third of September last, where did you work?
A: At Number Two slope, at the air shaft.
Q: How far is Number Two slope from the station at Lansford, and in what direction is it?
A: I should think about two miles between Tamaqua and Summit Hill.
Q: What time did you get to work this morning?
A: Well, I guess about twenty minutes to seven; or seven o'clock; somewhere around there.
Q: Did you see or hear anything that attracted your attention that morning, a little after seven?
A: I heard a little noise.
Q: What kind of a noise?
A: Some rattling around in the brush.
Q: What did you do then?
A: I told McKeever to see what was there. He got up, and said that there was three men passed. I got up, and seen two; but, I guess the first passed over the brow of the hill before I got up.
Q: What kind of men were they in appearance?
A: One tall and one small.
Q: What kind of clothes did they have?
A: One had a slouch hat, and the other had a cap.
Q: How soon after that, did you hear of the killing of Jones?
A: I guess, from about twenty minutes to half past seven.
Q: Who were the parties that you saw, and who informed you of the killing of John P. Jones?
A: Daniel Shook.
Q: Which way were these two men going?
A: Going to the cut.
Q: How were they going?
A: Middling fast.
Q: Do you know as to the size of those men?
A: No, sir; there was one pretty tall, and the other smaller.

NO CROSS EXAMINATION

Daniel Shook, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where were you on the morning of the third of September last?
A: In slope number two.
Q: How far were you from the air shaft, where William Williams was working?
A: I can't tell exactly.
Q: Well, give us your judgement, about?
A: Well, it is not far, from 250 yards, I think, from the slope to the open cut, and, I think it is about nearly the same distance from there, to the best of my knowledge.
Q: That would make it about 500 yards?
A: Yes, sir, to the best of my knowledge.
Q: Was your place nearest to Tamaqua than the air shaft where Williams was working?
A: Yes.
Q: On the road to Tamaqua?
A: Yes, sir.
Q: On which side of the open cut were you?
A: On the Tamaqua side.
Q: Now, if on that morning, you saw any strange persons anywhere about the open cut, tell us who you saw.
A: I saw three men running over the dirt bank.
Q: Which way were they going?
A: They were coming this way.
Q: Running toward your place?
A: No; running right over this way; they came down that way.
Q: They came in the direction of the open cut, and of the air shaft?
A: Yes, sir.
Q: About what time was that?
A: It was between seven and eight o'clock.
Q: Did you see the men as to what sized men they were?
A: I cannot tell; I only had a short distance to see them; about twenty one yards, I suppose, I had them in my eyesight.
Q: Did you notice anything about the size or appearance of them?
A: Well, to the best of my knowledge, one was large and two small, to the best of my knowledge.
Q: Who was with you at the time?
A: Henry Murphy.

Cross examination by
Mr. Kalbfus:
Q: You are sure you saw three?
A: Yes, sir.

Thomas N. Renshaw, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where do you reside?
A: At Summit Hill.
Q: What is your business?
A: Druggist.
Q: Did you know Dr. Michael Thompson?
A: I knew Dr. Thompson.
Q: He was a practicing physician at Summit Hill, and in that neighborhood?
A: Yes, sir.
Q: Did you assist him in making a post mortem examination upon the body of John P. Jones?
A: Yes, sir, I did.
Q: Is Dr. Thompson living or dead?
A: He is dead.
Q: State all that you saw Dr. Thompson do, and what you helped him to do, in connection with the examination you made upon the body of John P. Jones; where it was, and when it was.
A: On the third of September, about five o'clock in the evening, Dr. Thompson called upon me to assist him, and I went down.
Q: Called upon you to assist him for what?
A: To make a post mortem examination upon the body of John P. Jones. When we arrived there at his own house; I was called with Dr. Thompson to assist him to make a post mortem examination on the third of September. In the evening, about five o'clock, we commenced; and arriving at his house, we found John P. Jones dead; and four, I think, wounds, properly so called, upon his body in different parts; one about an inch and a half to the right of the spine, and I supposed it would be somewhere about in a line with the lower angle of the scapula bone and the shoulder blade, it is usually called; another a little below the right nipple; another on the inside of the right arm, and a slight wound, sort of an abrasion; an abraded spot here, (Indicating) just a little below the elbow; Dr. Thompson proceeded with the examination, and found-----
Q: How did he proceed? Describe what he did.
A: He cut-------
Q: Did he use a probe?
A: Yes, he used a probe before he commenced a cut.
Q: What did he use a probe for?
A: In order to trace the direction of the hole or the passage of the ball.
Q: Did he become satisfied with the examination by the probe, as to the passage of the ball?
A: No, sir; he did not, and the consequence was that he opened him and found---
Q: Tell how he opened him; just describe it.
A: He cut in this direction, (Indicating upon himself) down here in this way, across a part of the abdomen, and opened it, and exposed the viscum; and took out the lungs and heart; and found on examination, that the lungs had been pierced, to all appearances, with a bullet. He did not succeed in passing the probe through the wound before he opened him; he did not know what passage the bullet had taken; but, he suspected--- of course, he knew the bullet had entered behind the nipple, and he found that to be the case; the ball had evidently struck the eighth rib; possibly between the seventh and eighth; and in striking the eighth rib, it was supposed it had taken an upward direction; and passed out between the third and fourth; the ball had passed through the middle portion of the right lung, and the ball was taken out here, (Indicating on himself) from the wound in the arm. The ball was taken there. Q: What condition did you find the body in , after you had taken out the lungs and heart, as to blood?
A: In the cavity of the chest there was found, I believe, at least two quarts of blood; maybe more than that. It was agreed that there was at least two quarts of blood poured out in a clotted condition; the body was turned over, and the blood fell out in lumps.
Q: Did you assist in taking out the blood?
A: Yes, sir. I took hold of the body, and helped to turn the body over, and saw the blood myself.
Q: Was there any evidence when the examination was made, that the bullet came in contact with any bones, and how did affect the wounds?
A: The eighth rib was broken on the upper edge; it was broken just as you would expect a bullet would do it, or any hard body striking the upper edge of a rib; it was broken and splintered off.
Q: Did you see the bullet afterwards?
A: Yes, I saw the bullet.
Q: You knew John P. Jones, previous to his death?
A: Yes, sir.
Q: What was his condition, as to his health, as far as you know?
A: I have no means of knowing, but that he was in a healthy condition at the time. I have never heard but that he was, and I was in constant intercourse with Dr. Thompson, and if anything of that sort occurred in his practice, I would generally know it.
Q: How long before the shooting of John P. Jones, had you seen him?
A: I could not speak positively as to that; but it seems to me, I seen him standing before my store, I think, about a week before, but I couldn't say positively.
Q: Were you present at the inquest?
A: No, sir; there was quite a number present at the examination; but I did not know them.
Q: What was the appearance of the body, so far as you could judge from the examination that was made there?
A: In what respect?
Q: Why, in a healthy condition, as to the organs; the heart and the lungs?
A: Not being an expert, I did not know. I spoke to Dr. Thompson and asked him;

Objected to....................

Resumption of answer: So far as I could judge, the body was entirely healthy.
Q: How many separate perforations did you find in the right lung?
A: One; it passed through a portion and part of one of the lobes. I could not state exactly, but I know it passed through his breast, and probably through the substance of the lung itself.
Q: Then both portions of the right lung were marked?
A: Yes, sir.
Q: That is where it entered, and where it passed out?
A: Yes, sir.
Q: You took out a ball, did you?
A: Dr. Thompson took it out.
Q: Did you see him?
A: Yes, I saw him.

NO CROSS EXAMINATION

Dr. Horace DeYoung, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: You a practicing physician in this place?
A: Yes, sir.
Q: How long have you been in the profession?
A: Sixteen years.
Q: You have been in the army as a surgeon?
A: Yes, sir.
Q: You knew Dr. Thompson?
A: I did.
Q: As a professional man?
A: Yes, sir.
Q: You have heard his description of the injuries found upon the body of John P. Jones; by Mr. Ranshaw, the last witness on the stand?
A: Yes, sir.
Q: As an expert, will you state what effect those injuries had upon John P. Jones, and, from the testimony, what is your judgement as to the cause of John P. Jones' death?
A: The wound produced by that bullet; the injury produced by that bullet.
Q: That was the single cause of death?
A: Yes, sir.
Q: And, was it a necessary cause of death?
A: Almost necessary. Occasional wounds get well; but where that kind of hemorrhage takes place, I wouldn't expect a person to recover.

Mr. Hughes:
Q: From the description you have heard, you have no doubt as to the cause of death?
A: No, sir; no doubt whatever that he died from that wound.

NO CROSS EXAMINATION

Dr. Rennselaer Leonard, affirmed on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: You are a practicing physician in this place?
A: Yes.
Q: Of how long standing?
A: Something over thirty years.
Q: You knew Michael Thompson as a physician?
A: Yes, sir.
Q: In good standing?
A: Yes, sir.
Q: You have heard the account, given by Mr. Renshaw, of the wounds and injuries found upon the body of John P. Jones; will you state what your opinion is, as a medical expert, as to what was the cause of John P. Jones' death?
A: He died in consequence of that hemorrhage that he has described; the gun shot wound.
Q: Have you any doubt as to the cause of the death?
A: No doubt whatever.

NO CROSS EXAMINATION

James W. Williams, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Are you a justice of the peace at Summit Hill?
A: Yes, sir.
Q: State whether or not you had an inquest on the body of John P. Jones?
A: Yes, sir.
Q: On the third of September last?
A: Yes, sir.
Q: Will you look at the clothes there at your feet, and state whether those are the clothes that you found upon the body of Jones. (Witness looks at clothes.) A: Yes, sir; those are the clothes.
Q: Will you show the jury the bullet marks upon the coat first?
A: (Explaining to the jury) That is the place where the ball went through this blouse; that is where it went through the vest, and that is where it went through the shirt.
Q: You took charge of the bullet as taken out of the body of John P. Jones?
A: Yes, sir; the Doctor took it out and gave it into my possession. Q: And, who did you give it to?
A: I gave it back to you.
Q: You gave it to me?
A: Yes, sir.
Q: (Producing a bullet.) Look at that bullet; is that the bullet?
A: Yes, that is the bullet.

NO CROSS EXAMINATION

Henry Murphy, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: On the third of September last, where were you on the morning of that day; where were you working?
A: In Number Two slope.
Q: At what?
A: At blacksmithing.
Q: Is there a blacksmith shop there?
Q: How far is your blacksmith shop from the open cut?
A: It is about 150 yards.
Q: Nearer Tamaqua?
A: Yes, sir, on the Tamaqua side.
Q: Towards Summit Hill?
A: Yes, sir.
Q: On that morning, did you see any persons come from the direction of the air shaft?
A: No, sir. I was told by a man that sat side of me, that there was three men.
Q: Who was that man?
A: Daniel Shook.
Q: Did you see them?
A: Yes; but they went out of my sight as quick as that. ( Indicating)
Q: Do you know what kind of men they were?
A: I know nothing about them. I saw them, and they passed out of my sight, I did not know what kind of man they were, nor what clothes they had on.

No Cross Examination.

David Davis, sworn on behalf of the Commonwealth, direct examination by Mr. Albright:
Q: In September last, where were you or what was your business?
A: I was boss of the Bear Ridge Colliery Company of Mahanoy Plane. Q: Do you know Edward Kelly, who was on trial here sometime ago, for the murder of John P. Jones?
A: Yes, sir.
Q: Was he working for you?
A: Yes; he worked three nights for me in August.
Q: What time in August?
A: The 25th, 26th and 27th.
Q: Was he discharged by you?
A: No, sir.
Q: Is your place at Shenandoah?
A: No, sir; it is about 3 ½ or 4 miles southeast, I guess, of Shenandoah.

NO CROSS EXAMINATION

Stephen Smith, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: You live where?
A: In Tamaqua.
Q: Whereabouts?
A: In Orwigsburg Street.
Q: Where did you work, on the morning of the third of September?
A: In the chute, below Tamaqua, about ¾ of a mile.
Q: In the neighborhood of where you worked, is there a wooden bridge across the little Schuylkill?
A: Yes, sir.
Q: You were a witness here in the case of the Commonwealth against Doyle and against Kelly?
A: Yes, sir.
Q: Did you see them here in the Court?
A: Yes, sir.
Q: On that morning, if you saw those two men, state where you saw them.
A: I saw them where they came across the bridge that crosses the Schuylkill, and walked over towards the Reading Railroad, and then kind of steered upward.
Q: About what time in the morning was it?
A: Between 9 and 10 o'clock, as near as I can tell you.
Q: Had you heard of the killing of John P. Jones?
A: No, sir; not until between 10 and 11 o'clock.
Q: Did you see these two men before they came on the bridge to see which way they came?
A: No. sir; not until they crossed.
Q: In what direction did they go when they got upon the railroad?
A: Towards Tamaqua.

NO CROSS EXAMINATION

Jacob Fulton, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where did you live, on the third of September last?
A: In Tamaqua.
Q: What were you doing, on that morning?
A: I was not doing on that day.
Q: Where were you, in the forenoon?
A: Down in Randall's works; on the east side of the Schuylkill.
Q: Whereabouts on that side?
A: On the team road.
Q: That leads down to West Penn, as they say?
A: Yes, sir.
Q: How far below what they call the New York Station, on the Jersey Central, are these works?
A: I guess about 400 or 500 yards below there.
Q: You were a witness here, in the case of the Commonwealth against Michael J. Doyle?
A: Yes, sir.
Q: Do you know James Kerrigan?
A: Yes, sir.
Q: State whether or not you saw James Kerrigan that morning, and where; on the morning of the third of September.
A: I seen him that morning about something after 10 o'clock; I seen him between 10 and 11 o'clock, when he was talking to Livingood's boy. Q: Is that a small boy?
A: Yes, sir; he was over here last Court. Then he walked up the road and came across on the other side, and sat down on a culvert, and after a few minutes time, he got up and walked over , and went down on this railroad, the branch, and went up the main road.
Q: He walked across the little Schuylkill, you mean?
A: Yes, sir.
Q: And got on the main Reading Road?
A: Yes, sir; and then walked out slow. Then there was two men followed up behind him, and met him just behind Randall's breaker. Then they walked up to the end of the breaker, and those two men went up towards Orwigsburg Street, and Hunter Street, and then, Kerrigan struck down Orwigsburg Street, and that is the last I saw of them; and the other two men went up Orwigsburg Street.
Q: Is there a branch railroad that crosses the Schuylkill on a bridge about there?
A: Yes, that comes up to the Jersey Central Depot.
Q: And that is the bridge that Kerrigan crossed?
A: Yes, sir.
Q: Which way did those two men come?
A: Why, up the Reading Railroad, from the coal chutes there.
Q: Those places that Mr. Smith talked of?
A: Yes, sir.
Q: Did you see what kind of men they were?
A: I did not notice them as much as I did Kerrigan. He attracted my attention more than those, because I knew the man; I knew Kerrigan.
Q: You knew Kerrigan?
A: Yes, sir.
Q: Did you notice anything as to their size?
A: I did not pay any particular attention to them; they looked to be pretty good sized men.

Cross examination by
Mr. Kalbfus:

Q: Did you notice how those two men were dressed?
A: No, sir.
Q: Did you notice what kind of hats they had on?
A: No, sir.
Q: The two that came up the railroad?
A: No, sir.
Q: What kind of caps?
A: I do not know anything about their dress at all.

George Purnell, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: On the morning of the third of September last, where were you at work, between 9 and 12 o'clock?
A: In the wood shed.
Q: Where?
A: A little below the weigh scales.
Q: What weigh scales?
A: Well, they are the Philadelphia and Reading Railroad Company's.
Q: Was that in the neighborhood of where Stephen Smith was at work?
A: Yes, sir.
Q: On that morning?
A: Yes, sir.
Q: You have been a witness in the case of the Commonwealth against Michael J. Doyle and Edward Kelly?
A: Yes, sir.
Q: You have seen those prisoners in Court here?
A: Yes, sir.
Q: Now, if you saw Michael J. Doyle and Edward Kelly that morning in the neighborhood of where you were working, state where you saw them, and where you saw them going to.
A: Yes, that morning, when I was at work, about ten o'clock, they passed by the shed where I was working; and they came up so far as the spring that we have there convenient to that work; and we keep a cup at that spring where all the car runners and others disposed persons can drink. The two men, this Doyle and Kelly, came up so far as that spring; and they took the cup and drank two cups of water; that is Kelly, and he handed the cup to Doyle, and he took the cup and drank two cups of water also. They turned around, and made quick steps on to a plane that our company have, where they run their cars of coal up and dump it into barrows to supply the different engines with coal. They went down that plane some 30 yards, and there is a small piece of clear waste ground. They made quick steps on to that; that piece of ground is on the west side of that plane.
Q: Up the mountain side?
A: Yes, up the mountain side, and stood there running for some seconds, and then Doyle pointed with his hand in some certain direction.
Q: Towards what direction?
A: A little towards New England.
Q: Is that a village, so called?
A: Yes, sir; the village where I live.
Q: Is that in the direction of Pottsville?
A: Yes, sir; you go through Lewistown in that direction. And Kelly and Doyle retraced their steps on to that plane; and went down until it connected itself with the passenger track. I saw them go up that track a considerable distance, and I paid no more attention to them.
Q: The direction you saw them going last, was in the direction of Tamaqua?
A: Yes, sir.
Q: Towards the direction of Orwigsburg Street?
A: Yes, sir.
Q: When they left the plane; this inclined plane, you mean?
A: Yes, sir.
Q: And that railroad is at the base of the mountain where the little Schuylkill cuts through Sharp Mountain?
A: Yes, sir.
Q: They had gone off the plane, and up the mountain a little bit?
A: Yes, sir.
Q: Is there an old mountain road that goes to Orwigsburg Street?
A: Yes, sir; some 12 or 15 yards from where they stood.
Q: That used to be the old road into Tamaqua, some years ago?
A: No, sir; from Lewistown, out through New England; the road formerly connected itself with the old Mauch Chunk road and West Penn road. There was a bridge over the main track of the railroad, and this here road passed over that bridge and through the Schuylkill; there was no bridge up there over the Schuylkill, but the road went through the water.
Q: There is a bridge there now?
A: No, sir; it is taken down over the railroad.
Q: Now, the road is above where these two men were, and in the direction in which Doyle was pointing; that road would have struck Orwigsburg Street and have passed through Wheelock's breaker?
A: Yes, sir; through the top of the breaker.
Q: About what time was this?
A: About 10, or a little after 10 o'clock.
Q: Where did you see them come from?
A: From just past the shed, about 30 or 40 yards from where I was standing.

Cross examination by
Mr. Kalbfus:
Q: Did you hear Jacob Fulton's testimony, the last witness before you?
A: Yes, sir.
Q: You heard him testify?
A: Yes, sir; I guess; I cannot remember all his testimony what he gave rightly.
Q: Were they going in the direction that he said that they were; these two men, when you saw them?
A: Fulton that works for Randall, you mean?
Q: Yes, this man here.
A: Yes, he was going in the direction he described.
Q: Where he says he saw Kerrigan join the two men?
A: Yes, sir.
Q: They were going in that direction?
A: Yes, the same road.

David Randall sworn on behalf of the Commonwealth, direct examination by: Mr. Albright:
Q: Where do you live?
A: In Tamaqua.
Q: What was your business on the third of September last?
A: I had charge of a small colliery on this side of Tamaqua.
Q: Did you see that morning Mr. Jacob Fulton?
A: I did.
Q: And Jacob Livengood?
A: I did.
Q: Do you know James Kerrigan?
A: Yes, sir, I do.
Q: If you saw James Kerrigan that morning, state where you saw him and what you saw him do?
A: I saw him down on the team road.
Q: Your place is on the east side of the Little Schuylkill?
A: Yes, sir, on the east side.
Q: At the old Harlan breaker?
A: Yes, sir, I saw James Kerrigan there about between 10 and 11 o'clock. He was standing down about the middle of the road when I saw him, and he went over the other side of the road, and spoke to young Jacob Livengood; and then he came and sat down on the other side of the road; there is a culvert there and he sat down. In a few moments, he got up and walked over the railroad bridge crossing the Schuylkill, to the Reading road; he loitered around there for a while, and walked slowly up the railroad. Then I noticed two men came up afterwards, and at the old breaker they had caught up with him. They walked up to the upper end and then these two men went up a path that leads into Orwigsburg Street, and Kerrigan went up a hill, and those two men went out Orwigsburg Street , and Kerrigan went out Hunter Street. That is the last I saw.
Q: The way Kerrigan was going, was it in the direction of where he lives?
A: Yes, I think it was.
Q: Do you know where he lives?
A: I think he was on Spruce Street.
Q: About what time was it in the morning?
A: Between 10 and 11.

Cross Examination by
Mr. Kalbfus:
Q: What kind of looking men were they?
A: One was a little smaller than the other. They were too far away to distinctly see their features.
Q: Do you know how they were dressed?
A: They had dark clothes on.
Q: What kind of head gear?
A: I could not say.
Q: Did you identify Kelly and Doyle as the men?
A: No, sir, I did not.
Q: Did they resemble the men?
A: I cannot say whether they did or not.

Mr. Albright:
Q: They came from the direction of where Mr. Parnell was working?
A: Yes, sir.

Mr. Fox:
Q: Do you know where the open cut is that they were talking about?
A: No, sir.

Ralph Mattross, sworn on behalf of the Commonwealth, direct examination by: Mr. Albright:
Q: On the third of September last, in the forenoon, where were you?
A: I was working for Randall & Winlock.
Q: On what side of the Schuylkill?
A: On the west side.
Q: That is not the place where David Randall, the last witness, was?
A: No, sir, that is his brother.
Q: If you saw any strange persons come along the railroad, state which way they came and which way they went.
A: I saw two strange men; one was a tall man and the other was smaller; they came from the coal chute and were going towards Tamaqua.
Q: Do you know how they were dressed?
A: In dark clothing.
Q: Did you notice anything on their heads?
A: One had a cap and the other had a cap on.
Q: What kind of hat or cap?
A: A conductors' cap and a high slouch hat.
Q: Do you know which one had the cap?
A: The large one had the hat and the smaller one the cap.
Q: They came from the coal chute you say?
A: Yes, sir.
Q: That is where Mr. Randall and Stephen Smith worked?
A: That is where Stephen Smith and Purnell worked.
Q: Were you a witness at the trial of Michael J. Doyle and Edward Kelly?
A: Yes, sir.
Q: Did you see these men in court that you saw there?
A: Yes, sir.
Q: Who were they?
A: Kelly and Doyle.

Cross examination by
Mr. Kalbfus:
Q: Was anybody with them?
A: No, sir.

William Parkinson, sworn on behalf of the Commonwealth; direct examination by Mr. Albright:
Q: Where do you live?
A: In Tamaqua.
Q: On what street?
A: Orwigsburg Street.
Q: Did you live there in September last?
A: Yes, sir.
Q: On the morning of the third of September last, sometime in the forenoon, did you pass down Orwigsburg Street?
A: Yes, sir.
Q: Where to?
A: To Tamaqua. I went down to Tamaqua.
Q: Orwigsburg Street is in Tamaqua?
A: Well, I went down Orwigsburg Street.
Q: Did you meet any strange persons?
A: Yes, sir.
Q: Where abouts?
A: I saw them first at the bottom of Orwigsburg Street.
Q: With anybody?
A: Yes, with James Kerrigan, and as I was coming down , the two came up and Kerrigan turned down into Penn Street; turned down Hunter Street and turned into Penn.
Q: These two men that you met, what was their condition; their appearance as to having traveled a good deal?
A: It seemed they had a perspiration as from them; they seemed very warm and they seemed fatigued.
Q: Where did they go?
A: They went up; I came down and they passed me.
Q: About how far up Orwigsburg Street did you see them?
A: It would be about 400 yards up Orwigsburg Street.
Q: Is Orwigsburg Street the last street on the south of the borough?
A: It is on the north side.
Q: You mean on the mountain, but is it not the last street on that side of the borough?
A: Yes, sir.
Q: You were a witness in the case of the Commonwealth against Doyle and against Kelly?
A: Yes, sir.
Q: Now, will you state whether the persons you saw were Kelly and Doyle?
A: Yes, sir.
Q: The direction they were going, was it in the direction of the spring west of the town?
A: Yes, sir.
Q: Do you know how they were dressed?
A: They had dark clothes on.
Q: Anything on their heads that you remember?
A: One had a hat and the other a cap.

Cross examination by
Mr. Kalbfus:
Q: You saw Kerrigan with them?
A: Yes, that was at first.
Q: But he left them and went up into Penn Street?
A: He went down Hunter Street and turned into Penn Street.
Q: And they were all tired and hot?
A: They had a perspiration on them.
Q: They looked as if they were warm?
A: Yes, sir.

Jacob Livengood, sworn on behalf of the Commonwealth; direct examination by: Mr. Albright:
Q: Where did you live on the third of September last?
A: In Tamaqua.
Q: Do you remember the day that John P. Jones was said to have been shot?
A: Yes, sir.
Q: Do you know James Kerrigan?
A: Yes, sir.
Q: How long have you known him?
A: I knew him about six months before he was arrested.
Q: On that morning, did you see James Kerrigan anywhere?
A: Yes, I saw him below Tamaqua a little passing somewhere near Randall's Coal Works.
Q: David Randall's?
A: Yes, sir.
Q: That is on this side of the Little Schuylkill?
A: Yes, sir.
Q: Did you see him on the mountain road?
A: Yes, sir.
Q: Did you talk any to him?
A: Yes, sir; he asked me for a watch; I said I had none, and he said "What are you putting up your tobacco for?" , and I said "I expect to send up and get a light." He did not say no more to me and went on, and I did not look where he went to.
Q: You do not know where he went to?
A: No, sir, but about ten minutes afterward, I went up on the bank and I saw him on the other side of the Schuylkill on the Reading Railroad. Q: Did you see anybody with him?
A: No, sir.
Q: Did you see anybody come to him?
A: No, sir, I did not.
Q: Did he get a light from you?
A: No, sir, he did not.
Q: After he asked you for a light, which way did he go first?
A: I did not watch where he went.
Q: About what time was it you did see him?
A: About ten or fifteen minutes afterwards.
Q: What time of day?
A: Between 10 and 11 o'clock in the morning.
Q: How did you fix the time?
A: Because the freight had gone down and that always leaves at ten o' clock; and it was after the freight that he came up.

NO CROSS EXAMINATION

John Gouldner, sworn on behalf of the Commonwealth; direct examination by Mr. Albright:
Q: Where do you live?
A: About three quarters of a mile below Tamaqua.
Q: Is that near where Mr. George Purnell works?
A: Yes, sir.
Q: And Stephen Smith?
A: Yes, sir.
Q: Do you remember the day they said that John P. Jones was killed?
A: No, sir, I do not remember what day it was.
Q: Do you remember that you heard that he was killed?
A: Yes, sir.
Q: On the day that you remember that you heard he was killed, did you see any strange persons pass where you were?
A: Yes, sir.
Q: How many?
A: Two.
Q: What were you doing?
A: We was playing chase tag and we was stopped because we were tired.
Q: You and the other boys?
A: Yes, sir.
Q: You were a witness here before, were you not?
A: Yes, sir.
Q: Do you know how these two men were dressed that you saw?
A: They had dark clothes on.
Q: Do you know anything about what they had on their heads?
A: The big fellow had a slouch hat on, but I cannot say what the little fellow had on.
Q: Did you see these two persons here in court when you were a witness?
A: Yes, sir.
Q: What were their names?
A: Kelly and Doyle.

Cross examination by
Mr. Kalbfus:
Q: Did you see anybody with them?
A: No, sir.

Elizabeth Southarn, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where did you live on the third of September last?
A: In Tamaqua, on Orwigsburg Street.
Q: Where abouts on Orwigsburg Street?
A: In the upper end, in the last square.
Q: That is the western end?
A: Yes, sir.
Q: On that morning, did you see any strange persons pass by?
A: Yes, sir.
Q: How many?
A: Two
Q: About what time?
A: Between 10 and 12; I could not say the exact time; I did not look at the clock.
Q: What seemed to be their condition?
A: Well, they looked fatigued and weary and as if they had walked a good piece.
Q: In what direction were they going?
A: They were going westward.
Q: Is there a spring at the west end of the town?
A: Yes, sir.
Q: Were you a witness here in the case of the Commonwealth against Doyle and against Kelly?
A: Yes, sir.
Q: The two persons that you saw go up there, did you know who they were?
A: Yes, sir, I recognized them here in court.
Q: Who were they?
A: Doyle and Kelly.

NO CROSS EXAMINATION

Wallace Guss , sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Did you assist in making the arrest of Edward Kelly and Michael J. Doyle?
A: I did.
Q: And James Kerrigan?
A: Yes, sir.
Q: State now all that you know in connection with that arrest.
A: On the morning of the third of September, I learned that two men were secreting themselves at a spring a little beyond Tamaqua. At a little before 12 o'clock, I started downtown to get two or three men to go along to endeavor to arrest them. We started out towards the hill, one party going up Broad Street, while myself and a police officer and one other man went up by the schoolhouse to take a short cut across the hill. When I got up to the top of the hill so that I could see the entire hill before me, I saw a head come up with a black hat, and immediately disappeared again. I kept my eye on the spot.
Q: That was in the brush?
A: Yes, sir. I kept my eye on the spot and started in that direction on a brisk walk. When I got perhaps 20 yards from there, there was three men get up. One man by the name of James Kerrigan started to walk towards me and towards town and two others started out in the direction of Pottsville on a very brisk walk. When I got within speaking distance of Kerrigan, I told him to throw up his hands; that I did not want him; it was the other two men that I wanted. Kerrigan answered " I would not hurt you, Wallace.", but I still insisted on his keeping his hands up; I told him the other two men were the men we were after. When I got within talking distance to the two, I told them they should go down on the railroad and surrender themselves. The larger man of the two turned around, and said he knew his rights and the law as well as we did, and he would not do it. I told them the second time that they had better turn down on the railroad, or the men would certainly kill them. With that, they turned at right angles down on the railroad. I showed them a path through a swampy place where they could get on the railroad. After we got on the railroad, we marched down the railroad down to Broad Street, and down Broad Street to the schoolhouse, and crossed the street on the north side of Broad Street; from there to Beards' Hotel, and from there, back to the lockup.
Q: You took them into the lockup?
A: When we got in there, we put them in separate cells. Kelly into the first, and Doyle into the next; and Kerrigan, who was brought into the third cell.
Q: State what condition you found these men in after you got them into a cell, as to their clothes; in what condition were their clothes as to perspiration, and what was the appearance of their bodies as to having been fatigued?
A: Kelly was very much sweated; and his clothing. Doyle, the larger man of the two, was sweated clean through, so you could feel the perspiration right outside of his coat. In pulling off his boots; he asked me to help him pull off his boots; he said he had walked so much that morning, that his feet were very sore, and after pulling off his boots, he laid down on the little bench there in the cell completely used up.
Q: State if you made an examination of their persons, and state what you found?
A: In Kelly's vest pocket, we found some cartridges.
Q: What kind of cartridges?
A: Metallic cartridges, used in loading revolvers.
Q: Are they like these? (Producing cartridges)
A: Something like these were in his vest pocket, and a small piece of white paper; and on one side was written the word "Jeremiah B. R. "; this is the envelope; and on the other side was written the name of James Carroll in red ink. He had a white pocket handkerchief and some little pieces of paper, and I think a penny or two in his pocket.
Q: What about badges?
A: On his vest, on the left hand side, and under the lapel, he had a badge marked " A. O. H. " in the center with two clasped hands, with a sort of green and black border and a representation of the sun. That was worn under the lapel on his vest. Doyle had also a badge in the same place; and the same sort of a badge; and , in addition to that, on the back of the badge were two letters scratched "M. D." , which were Michael Doyle's, I suppose. Q: State whether these are the things; the badges? (Producing them) A: Yes, the badge I got off from Doyle; and this looks like the one from Kelly. These look like the cartridges I took from Kelly's vest pocket, and this the pocket handkerchief I got from Doyle, the larger one; and the smaller one from Kelly; and knife and piece of pipe.
Q: Did you have any conversations with these two persons, Kelly and Doyle?
A: Yes, I had after dinner; I got them up into a big room of the lockup, and one at a time. Doyle was first, and Kelly next, and afterwards Kerrigan; and I talked to them separately.
Q: What did they say?
A: Doyle said that he had left; he told me that they lived at Mount Laffee; first giving me his name, and that they had left Mount Laffee on Thursday, and had walked part of the way on the roads, and part of the way on the cars to Tuscarora; that they had stopped at Tuscarora all of Thursday night, drinking and browsing around the streets; that they did not sleep at any particular place; and on Friday morning , they started to walk the road to Tamaqua; that they went to the road on the left hand side of the town, and walked down the road and crossed a bridge to the second coal breaker that stood below the town, and asked for work there, but could not procure any work from there; then they came up to what is called the Shaft, the next breaker closest to the town; and asked for work there; they did not see the boss there, but talked with some of the men; and from there, they walked out to the spring where we caught them.
Q: What did Kelly say?
A: Kelly said that he had left Mount Laffee that morning; on Friday morning ,at half past five o'clock, and walked all the way to Tamaqua on the New Castle road; he met Doyle and they went on in company all day together, and that in passing through a little village, that they had bought a bottle of whiskey I found in his pocket; and that they did not go any farther than Tamaqua; they crossed the river on a log and that they came up to the spring; and while they were there, Kerrigan came to them.
Q: What did Kerrigan say?
A: Kerrigan said that he was going to hunt a load of wood for baking purposes; and when he got to the spring there, two men were there, and they asked him how far it was to Mahanoy City, and how times were. Kerrigan, in conversation, said times were dull; and then he said I came on, and he separated from them.

Cross examination by
Mr. Kalbfus:
Q: Did you examine Kerrigan?
A: Yes, sir; I examined him upstairs. He was a little warm, but I only took off his coat; I did not strip him at all.
Q: What did you find on him?
A: Found nothing, but from what I judged was a two dollar bill in his vest pocket, was wrapped around some fractional currency.
Q: Did you take five dollars from him to Mr. Kerrigan?
A: Not then I did not.
Q: When was that?
A: That was in the jail in Mauch Chunk.
Q: Was it a five dollar bill or six dollars?
A: It was six dollars.

Redirect examination by
Mr. Albright:
Q: In how many bills were the six dollars?
A: I could not say; the money was not given to me the day I got them. It was given to me in October.
Q: I simply ask, in how many bills were the six dollars?
A: I cannot say.
Q: You did not examine his coat in Tamaqua?
A: No, sir, I did not.
Q: Did you examine his pockets?
A: Nothing but his two vest pockets, and I felt on the outside of his clothing to see whether he had any weapons or not.
Q: You don't know whether he had any money in his pockets or not?
A: No, sir, not in his coat or pants pocket.

Re-cross examination by
Mr. Fox:
Q: Had you heard of the murder of Jones?
A: Yes, sir.
Q: Before you went out?
A: Yes, I heard that Jones had been shot.
Q: Then you did not examine Kerrigan's under clothes or stockings?
A: No, sir; from the fact that I did not think he was in it. I did not arrest him.

Redirect examination by
Mr. Albright:
Q: Did you see Carroll that morning in that neighborhood?
A: I did not see him in that morning in that neighborhood; no, I did not see Carroll that morning.
Q: Did you see him in company with these persons the day before?
A: I saw him in company with Kerrigan on the evening of the day Sanger and Uren were shot.
Q: What evening was that?
A: Well, Sanger and Uren were shot on the first of September.
Q: That was the evening, then?
A: Yes, sir.
Q: Whereabouts did you see him with Kerrigan?
A: I was sitting on the steps, in front of Frank Liner's general store, after I had my supper; and Kerrigan and Carroll were coming down on a brisk walk. Just as they got in front of Sauer's clothing store, I heard Carroll say, " Now, I will go up the back way, and Jimmy, you go up the front way, and I will not meet you back there," and with that, Carroll turned the corner and went up Berwick Street, and Kerrigan kept on right up town, and, about a quarter of an hour afterward, I saw them return town in company. Q: James Carroll is a saloon keeper in Tamaqua?
A: Yes, sir, he is a saloon keeper.

Re-cross examination by
Mr. Fox:
Q: How far were these men shot from Tamaqua?---Sanger and Uren?
A: I cannot say the distance. They were shot at a place called Raven Run; it was 12 or 13 miles; I should judge 12.
Mr. Albright:
We offer in evidence, these badges; these articles found upon these prisoners.

Andrew Lindsay, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where do you live?
A: In Tamaqua.
Q: Did you live there on the fourth or fifth of September last?
A: Yes, sir.
Q: State, if you please, whether you know where the spring is at the west end of Tamaqua?
A: Yes, sir.
Q: State if you made any search for pistols in that neighborhood; and about the spring.
A: I found them there, yes, sir.
Q: State whereabouts you found them.
A: I found them up above the spring, near the site where Kelly and Doyle were captured. I found a billy and a pistol first.
Q: Pick out which was the billy and the pistol you found. (Showing witness a billy and pistols.)
A: This is the billy; I found that. These pistols I found as I was just going through the woods, and they were chucked into a laurel bush, and I took them and put them in my pocket, and went around and looked for more; and I hunted for twenty minutes, and I was getting tired of hunting. and I found these two; (indicating) and they were lying together, and the small one was on top; they must have been laid down, for they laid together.
Q: That was the day after the arrest was made of Kelly and Doyle and Kerrigan that you found them?
A: Yes, sir.
Q: About how far from the spring?
A: About thirty yards from the spring, or maybe forty yards from the oak tree.

NO CROSS EXAMINATION

Mr. Albright:
We offer these pistols and billy in evidence.
John C. Rutter, recalled on behalf of the Commonwealth.
Mr. Albright:
Q: Just look at that: (Producing a map of Tamaqua) How far is Lansford, the pipeline where John Jones was shot, to the Daniel Randall breaker on the east side of the little Schuylkill, past the air shaft and the open cut on the top of the Sharp Mountain?
A: Five miles and one half.
Q: So, there's a road that a foot passenger can go?
A: Yes, sir.
Q: Have you gone there?
A: Yes, sir.
Q: The wagon road or old road?
A: Yes, sir.
Q: Does that map in your hands represent Orwigsburg Street?
A: Yes, it is on here.
Q: Does it represent the David Randall breaker and the railroad bridge?
A: Yes, sir.

Mr. Albright, showing the map to the jury:
That is Orwigsburg Street and there is the railroad bridge and Randall's breaker, and here is Kerrigan's house.
Q: Is there anything there that represents the spring?
A: There is the spring located there.

Second map is shown to the witness and explained by the witness to the jury.
Q: Does that show the spring?
A: Yes, sir, and here is Orwigsburg Street and here is the railroad where the coal pockets are, and the wooden bridge.
Q: What is this road, Sharp Mountain?
A: That is the top of Sharp Mountain and these yellow lines here represent the road.
Q: You have gone over this road?
A: Yes, sir.
Q: What does this represent?
A: The town of Bull Run, and there is Coaldale, and here is the open cut, and there is the slope number two, and the blacksmith shop, and there is the spring on the mountain. There is the pipe line, and there is the town of Lansford. There is the dirt bank around number six breaker, and there is number six, and number five, and number four, and Summit Hill.

Juror:
Q: That open cut; Is that the Kiley Cut?
A. Yes, sir.

Mr. Albright:
Q: What is the distance from Lansford to number six?
A: Nine tenths of a mile.
Q: And from number six, going from six to number five?
A: It is two tenths of a mile.
Q: From number six to number four?
A: It is three tenths of a mile.
Q: From Summit Hill to Lansford?
A: Eight tenths of a mile.
Q: From Lansford to Randall's breaker?
A: I do not know.
Q: From number two slope to Randall's breaker?
A: Four and a half miles.
Q: From Lansford to number two slope?
Q: From Randall's breaker to the spring? A: I have the Lehigh shaft coal pocket.
Q: Well, how far is that down?
A: One mile, that is from the shaft to the spring one mile, and then from the shaft down to the coal pocket, it is half a mile; from Lansford to the cut, one mile, and from the cut to the Schuylkill, four and a half; two miles over to the spring, making six and a half, and down to the coal pockets, down around there it is a mile further; around by the shaft, it is seven and a half miles.

Cross examination by
Mr. Fox:
Q: I don't know whether you gave us the distance from the open cut over to this breaker.
A: It is four miles and a half.
Q: And it is about a half a mile further to Tamaqua?
A: Yes, sir.
Q: Back on this slope here and up by the blacksmith's shop, and so on, is there brush here? (indicating on the map)
A: Yes, sir.
Q: And along this mountain?
A: Yes, sir.
Q: All the way along, out to Tamaqua?
A: Yes, sir.
Q: Scrub oaks?
A: Yes, sir.
Q: Laurel bushes, slight growth of timber?
A: It was never cleared; it is in its natural state; just the larger trees cut off. The brush is 4, 6, 8, 10,15 feet high.

Redirect examination by
Mr. Albright:
Q: At the foot of the plane, number one; if you were concealed in the brush, could you get a view of Jones' house?
A: Yes, sir.
Q: Could you look down to Jones' house if you were up here at the school house that you have marked here on the road?
A: There is a point in the brush where you can see distinctly all the way around there.
Q: From the old schoolhouse?
A: You cannot see Jones' house from the schoolhouse.
Q: That is the old number four road?
A: Yes, sir.

Mr. Albright:
We offer these maps in evidence.

Dr. Horace DeYoung recalled on behalf of the Commonwealth; direct examination by
Mr. Albright:
Q: This is the bullet that was taken out of the body of John P. Jones? (producing bullet)
A: Yes sir.
Q: State how the bullet fits into the pistol. (handing witness pistol)
A: It fits the grooves of this revolver.
Q: Show that to the jury. (Witness shows pistol and bullet to the jury) Explain why that ball does not go into the pistol.
A: Of course, it is battered some, so it will not go in.
Q: How does that bullet compare with these other bullets?
A: It seems to be a smaller bullet.
Q: Did you make any examination as to the weight of the bullet?
A: Yes sir; it would naturally lose something in striking a hard substance. The amount of loss would depend entirely upon the medium it struck. That is the resisting force of the body.
Q: You have heard the statement of Mr. Renshaw; that one of the ribs was splintered?
A: Yes; that is sufficient to account for the loss.
Q: And the passage of the ball through the clothes?
A: Yes sir, and what would naturally remain in the barrel; it would leave something in the barrel.
Q: That would account for the loss?
A: Yes sir.
Q: Are you satisfied from the examination of this ball and pistol, that this pistol discharged that ball?
A: I believe it did.

NO CROSS EXAMINATION

Samuel Beard sworn on behalf of the Commonwealth; direct examination by Mr. Albright:
Q: Where do you live?
A: In Tamaqua.
Q: Were you in Tamaqua on the third of September last?
A: Yes sir.
Q: Did you on that morning hear of the killing of John P. Jones?
A: Yes sir.
Q: About what time?
A: Well, I really heard it at Lansford.
Q: Very well then, state how you heard it at Lansford, and what you did in consequence of the killing of John P. Jones to find out where the murderers were and to assist in securing their arrest?
A: On the third of September, I left Tamaqua in the morning by the first train toward Mauch Chunk; that leaves at 6:40, I believe, and we got to Lansford about 7:00, and the train stopped and I jumped off, and saw some people running by the telegraph office and went with hem to the woods and found a man shot.
Q: Who was that man?
A: John P. Jones. I stayed in the woods there a few minutes where Jones was and then came out on the small path out there – walked out a little and then went back, and was there before he died.
Q: Did you see him die?
A: Yes, I saw him die. I then went back to the telegraph office and stood there a while, and met a young man who gave me a description of the two men who did the shooting.
Q: You got a description of them?
A: Yes sir. I then left for Tamaqua or toward Tamaqua in a special train. We got to Tamaqua, I judge, about a quarter of eight o'clock. I walked in to the center of the town and told four or five people of the occurrence. I then went to the office where I am employed and stayed there until about ten o'clock and came downtown and, I judge, about a quarter after eleven, I started off with a young man by the name of Priser to the cemetery and I had with me a spy glass. The young man and myself went to the cemetery and we had been up there about ten minutes, and we saw James Kerrigan come out from the back of a fence.
Q: You knew James Kerrigan?
A: Yes sir. I knew him as soon as I saw him. A short time after Kerrigan came out, Kerrigan walked towards the spring. After we saw him, we saw a man some further up come out, on what I judge to be the line of Orwigsburg Street in Tamaqua. The two men continued on in a northwesterly direction towards the spring, while Kerrigan was walking straight.
Q: Did you have those men under your glass part of the time?
A: Yes sir. They all had met at the spring when they all started down together behind some trees that were there.
Q: Laurel bushes were they?
A: Yes, laurel bushes; it is laurel brush I should say. There was no big tree; not exactly a big tree. It is a pretty good sized oak tree. They were concealed there behind the brush; after they sank down behind the brush, I could not see them anymore. A few minutes after we first saw them, I started downtown to give the alarm. I think I stayed there about fifteen minutes, or in that neighborhood. I went downtown and met a young man to whom I gave the glass and directed him to go to the cemetery and stay where I had been.
Q: Who was that young man?
A: William Hendricks.
Q: From the position you occupied in the cemetery, you had a sweep of the ground that Kerrigan and these two other persons passed over?
A: Yes sir.
Q: From the description which you had of the two men at Lansford, after you saw the men who were arrested, how did it correspond with the men who were arrested?
A: It corresponded exactly.
Q: About how long after you came downtown and gave the alarm of the men being there, were they arrested?
A: Well, it was about twelve o'clock when I struck the center of Broad Street and they were fetched into the center of town about a quarter of one.
Q: Did you see Kerrigan and those two men signal to each other?
A: One of the two men crossed over upon the open place through the laurel bushes, being covered and partly uncovered. One man, the smaller of the two, had a handkerchief out, and was waving it somewhat in that style. (indicating)

NO CROSS EXAMINATION

John C. Conrad sworn on behalf of the Commonwealth; direct examination by
Mr. Albright:
Q: Were you in Tamaqua on the third of September last?
A: Yes sir, I was.
Q: About what time, if you heard at all, did you hear of the killing of John P. Jones?
A: I heard that early in the morning, before nine o'clock.
Q: Did you go to the west end of the town to assist in the arrest of the persons who were arrested there that day?
A: I was on my way to dinner, and I met Janser on the way. He was coming down and he told me they were near the spring, and when I got up near the railroad crossing where the Pottsville Railroad crosses Broad Street, I met Samuel Beard. He says "they are up near the spring."
Q: You need not say what he said.
A: Then I met Mr. M. G. Souder and I walked to the upper end of the town on the Pottsville road, and stayed there some two or three minutes, and could not see anything of them.
Q: Why could you not?
A: They must have been sitting down about that time.
Q: Was there a place for them to be concealed
A: Yes sir, there was. I walked back to the house, and Mr. Souder with me, walked on towards his place, and just as I was going into the door, I saw some persons going into the brush, right back of the Shindels' house, on this side of the Episcopal church, the next square back in through that laurel. I saw some persons in there, and I went into the dinner table and started right back again to the door, and when I stepped out on the porch; the place where they were sitting is in a diagonal line from the house; and I saw two persons raise up, and the moment I saw them raise up, I called with all my might "here they are!" Of course we started up together, and I went right to the top of Pottsville Street to the same place where I had been before, and they called out to me "which way to go?", and some of them came up to me on the road, and I saw a carriage coming along from Tuscarora, with men in, that had started out in the morning searching around for them, and I beckoned to them to stop, and go right down where they were. One man in the open space above them coming down, began to run, and we headed the men off. I called to them to go down further and come down, and when these men got out across from the road, that were in the carriage, they had the men surrounded.
Q: Did you go downtown with them after they were arrested?
A: I went down to the railroad corner, where the railroad crosses Broad Street and I saw them bring them up there, and then I went back to the house and got my dinner, and then I did not see them until they were brought out and were taken by the cars to Mauch Chunk.
Q: Do you know anything about cartridges being found? A: I have heard of it, but I don't know anything about it to my own knowledge.

NO CROSS EXAMINATION

Johnny Curran, sworn on behalf of Commonwealth; direct examination by Mr. Albright:
Q: How old are you?
A: Nine years.
Q: Where do you live?
A: In Tamaqua.
Q: Do you remember the day that they said John P. Jones was killed?
A: Yes sir.
Q: Do you remember when they arrested the men?
A: Yes sir.
Q: Were you near by when they passed by Beards' hotel?
A: Yes sir.
Q: Did you find any cartridges?
A: Yes sir.
Q: How many?
A: One.
Q: Where did you find it?
A: In front of Bishops' store.
Q: Did they pass there?
A: Yes sir.
Q: With the men?
A: Yes sir.

Mr. Hughes:
Q: How soon after they passed?
A: About five minutes.

Mr. Albright:
Q: What did you do with the cartridges?
A: I gave them to Mr. Stedfold.
Q: Look at these cartridges and say which one it was like. (showing cartridges)
A: It was something like that one (indicating)

NO CROSS EXAMINATION

Michael Beard sworn on behalf of the Commonwealth; direct examination by
Mr. Albright:
Q: Were you in Tamaqua on the day John Jones was killed?
A: Yes sir.
Q: Were you there when Kelly, Doyle, and Kerrigan were arrested?
A: I was.
Q: Did they pass your place to the lockup?
A: Yes sir, they did.
Q: What do you know about any cartridges being found right after they passed there?
A: I was in the lockup when they were examined, and I saw them taken from their pockets.
Q: How many?
A: Several.
Q: From whose pockets?
A: Kelly's
Q: Did you see or hear of any being found on the pavement near your hotel?
A: I did not see any. I heard of some being found.
Q: Did you get any of them?
A: No, sir.
Q: What was the condition of those prisoners as to their clothing?
A: Their clothing was considerably dampened from sweat.
Q: More than ordinarily?
A: Yes sir, I judge more than ordinarily.
Q: You interrogated them and had some conversation with them?
A: Yes sir; I did with Kelly and with Doyle.
Q: What was it?
A: I first asked Kelly what his name was and where he was from, and he told me.
Q: What did he say his name was?
A: Kelly. He said he was from Mt. Laffee
Q: Where is Mt. Laffee?
A: It is rather in the northwestern part of the county.
Q: About how far from Tamaqua?
A: Well, the nearest direction, I should judge, to be 16 or17 miles.
Q: He said he was from Mt. Laffee?
A: Yes, sir.
Q: What else did he say?
A: I asked him when he had left Mt. Laffee, and he said that morning; and I made the remarks to him that he must have left very early and walked very fast; he said he did.
Q: Now, Doyle, what did he say?
A: I had the same conversation with Doyle. He said his name was Doyle and he said he lived at Mt. Laffee. I asked him when he left, and he said he left the day before. That was all the conversation I had with him.

Mr. Hughes:
Q: Did he say where he had stayed the night before?
A: I did not ask him that question.
Q: How far is Mt. Laffee from Shenandoah?
A: I could not answer that question.

Julius Smith, sworn on behalf of the Commonwealth; direct examination by Mr. Albright:
Q: Were you in Tamaqua on the day John P. Jones was shot?
A: Yes, sir.
Q: Were you on the pavement or street when they passed you? A: Yes, sir.
Q: Where abouts?
A: I followed them down where they came down the railroad; down Broad Street.
Q: To the lockup?
A: Yes, sir.
Q: Look at these cartridges, (showing the witness cartridges) one has your mark on, I believe; is that the one you picked up?
A: Yes, sir.
Q: How long after they had passed?
A: Right after.

NO CROSS EXAMINATION

George D. Priser, sworn on behalf of the Commonwealth; direct examination by
Mr. Albright:
Q: Were you in Tamaqua on the third of September last?
A: Yes, sir.
Q: About what time did you hear of the killing of John P. Jones on that day?
A: Something after 8 o'clock.
Q: About what time did you go to the cemetery, if you did go there?
A: It was after 10 o'clock; I cannot say exactly.
Q: State what you did there, and what you saw while you were there.
A: I had not been there a great while.
Q: Who was with you?
A: Samuel Beard. I had not been there a great while until I saw Kerrigan come out from behind the fence.
Q: Do you know where Kerrigan lives?
A: No, sir.
Q: Do you know where Spruce Street is?
A: Yes, sir.
Q: Did he come out in the direction of Spruce Street?
A: He came out behind a fence of a lot that is on Spruce Street. I was looking through the glass, and handed the glass to Mr. Beard, and as I was in the act of handing the glass, I saw Kerrigan. Beard tool the glass and saw those other two coming out.
Q: Did you see them?
A: Yes, sir.
Q: Did you look at him through the glass?
A: No, sir, I saw them without the glass.
Q: Which way were they going, and Kerrigan moving?
A: West.
Q: Did you see them meet at any point?
A: No, sir.
Q: How long were you at the cemetery?
A: Not more than five minutes.
Q: What did you do there?
A: I went down town and gave the alarm.
Q: How soon after the alarm, was there a party come along to arrest them?
A: I don't know.

NO CROSS EXAMINATION

H.J. G. Newmiller, sworn on behalf of the Commonwealth; direct examination by Mr. Albright:
Q: Where were you on the third of September last?
A: I went to Tamaqua in the morning.
Q: About what time?
A: I left Summit Hill at 9 o'clock and I got to Tamaqua at half past 9.
Q: What for?
A: For the purpose of helping to make the arrest of the men.
Q: Had you heard a description of the men?
A: I had.
Q: Did you see the men that were arrested in Tamaqua?
A: I did.
Q: How did the actual appearance of the men correspond with the men that were described as the men who shot Jones?
A: They answered fully to the description given to me.
Q: Who gave you the description?
A: I had it from this Mr. Bachman and that machinist up there; the boiler maker.
Q: Gus Pilsner?
A: Yes, sir.
Q: What condition did you find the prisoners in?
A: I helped to make the examination of Kelly, and found him very warm.
Q: More than usually so?
A: Yes, sir.
Q: Did you see Doyle?
A: I did.
Q: Did you make any examination of him?
A: I did not.
Q: Do you know what Kelly had on his feet?
A: Low shoes.
Q: You live where?
A: At Summit Hill.
Q: Have you any property at Lansford or Ashton?
A: I am interested in a property there, yes, sir.
Q: A hall?
A: Yes, sir.
Q: State whether the Mollie Maguires had rented your hall for meeting purposes.

Objected to...........

Q: This man Alex Campbell lives at Lansford?
A: Yes, sir.
Q: How for from your hall?
A: About a hundred yards.

Mr. Albright:
Now we propose to ask the witness whether the Mollie Maguires, or the Ancient Order of Hibernians rented his hall before the killing of John P. Jones.

Mr. Fox:
We object to this question. The object is to connect the organization with this witness; is that it?

Mr. Albright:
Yes, sir. We propose to prove that Alex Campbell is a member of the Mollie Maguires organization or the Ancient Order of Hibernians, and that he lives at that place, and that that organization then rented or proposed to rent Mr. Newmiller' hall, and we propose to connect Alex Campbell with the murder of John P. Jones, and that that murder was consummated through the organization at the request of Campbell, and that it was known to Alex Campbell, and a rule of the order to which he belongs; that he was cognizant of that, and expressly requested it; made the arrangements for him to come on and commit the murder.

EVIDENCE ADMITTED

EXCEPTION TAKEN ON THE PART OF THE DEFENSE

A: Well, there was a committee of members of some Irish organization came there for the purpose of renting a room, and my brother told me.....
Q: Never mind what your brother told you.
A: He asked my consent. I wanted to get what the style of the organization was...

OBJECTED TO.............

Q: Well, did they rent it?
A: There was a party rented the hall; yes, sir.
Q: For whom; for what?
A: That I don't know.
Q: For a society?
A: For society purposes.

Mr. Fox:
Q: Was it a written lease?
Q: Verbal?
A: Yes, sir.

Mr. Albright:
Q: Did you afterwards learn what society it was?
A: Yes, sir.
Q: What were your reasons?
A: They ceased to occupy the hall after notice to quit.

Mr. Hughes:
Q: When was the notice given, before or after the murder of Jones?
A: After the murder of Jones. The exact date, I could not tell.

Cross examination by:
Mr. Fox:
Q: Who rented the hall?
A: Well, sir, I was not present, and I don't know who the men are that rented the hall.
Q: Then you don't know of your own knowledge that anybody rented it?
A: Yes sir; I am satisfied that somebody rented the hall.
Q: I am not asking you what you are satisfied about; I am asking you what you know. You did not make the bargain?
A: No, sir.
Q: It was made by somebody else?
A: I authorized my brother to do it. I am the owner of the hall, and he would not do anything, except through my consent.
Q: But you did not do it?
A: No, sir.
Q: Did you give notice to them?
A: Yes, sir.
Q: For whom?
A: For my brother.
Q: Then, all you know, is that your brother came to you about renting, and you gave notice to these through your brother?
A: Yes, sir.

Mr. Albright:
Q: Who paid the rent?
A: It was paid to my brother.
Q: Altogether?
A: Yes, altogether.

James Lewis, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where did you live on the third of September?
A: At Minersville.
Q: Do you know where Mt. Laffee is?
A: Yes, sir.
Q: How far is that from Mt. Laffee?
A: I guess about three miles or four miles.
Q: How far is Mt. Laffee from Shenandoah?
A: I guess it is from 10 to 12 miles.
Q: Did you know Michael J. Doyle?
A: Yes, sir.
Q: What was your position over there at Minersville?
A: I was the boss at the colliery that was working there.
Q: What colliery?
A: Heckshers' colliery, called the Anchor colliery.
Q: You knew Michael J. Doyle?
A: Yes, sir.
Q: He was working for you?
A: Yes, sir.
Q: Do you know how long he worked for you?
A: No, sir.
Q: When did he stop working for you?
A: The 31st.
Q: The 31st of what?
A: Of November.
Q: In 1874, before he was arrested?
A: Yes, sir.
Q: Was he working for you in August?
A: Yes, sir, In August, I mean.
Q: Then he stopped work on the 31st of August last?
A: Yes, sir.
Q: Did you discharge him?
A: No, sir.

Mr. Hughes:
Q: State whether Doyle had a breast partly worked in the mine; an unfinished breast in the mine.
A: He had a breast pretty near finished when he left me.
Q: It required some time to finish it?
A: Yes; it required a couple of weeks to finish it, and his brother finished it, after he left.
Q: His brother and he had been working together?
A: Yes, sir.
Q: They were what they call "butties" in the mine?
A: Yes, sir.

No cross examination

Cornelius Davis, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Where do you live?
A: In Tamaqua.
Q: Do you know James Kerrigan?
A: Yes, sir.
Q: In September last, and in August, was he a tenant of yours?
A: Yes, sir.
Q: Do you remember of meeting Kerrigan on the third of September, the day that John P. Jones was killed?
A: Yes, sir, I do.
Q: Where?
A: In his house. I was in his house when he came in.
Q: About what time?
A: About 11 o'clock in the forenoon.
Q: Where did he come from?
A: Well, I am not positive where he came from; he came in the back way.
Q: Did he say where he came from?
A: I don't think he did say from where he came.
Q: Was he in his working clothes?
A: No, sir, he was in his shifting clothes.
Q: Where had he been working?
A: He had been working in the mines.
Q: Where, at what mines?
A: At the Alaska mine.
Q: Were you working there?
A: No, sir.
Q: Did he leave while you were there?
A: No, sir, I left before he did.
Q: What brought you there?
A: I had some little difficulty about rent, and went there to try to get satisfaction; to make it square.
Q: Did he say anything about wanting something to eat?
A: Yes, sir; he told his wife to get him something to eat; that he was hungry.
Q: Did she?
A: I left at that time. She got up from her chair seat and went into the house.

Cross examination by
Mr. Fox:
Q: Had you been in his house before that day?
A: No, sir.
Q: That was the first time?
A: Yes, sir.

Mr. Albright:
Q: How long were you in there altogether?
A: Probably about 15 or 20 minutes.

Mr. Fox:
Q: How long had you been there before he came in?
A: From 10 to 15 minutes.

William E. Hendricks, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Whereabouts do you live?
A: In Tamaqua.
Q: On the third of September last, the day that John P. Jones was killed, did you go out to the cemetery?
A: I did.
Q: What for?
A: For the purpose of seeing the men, if I could.
Q: What time did you go out?
A: I think it was about five minutes after twelve.
Q: Who did you find there in the cemetery?
A: No one at all.
Q: Who directed you to go there?
A: Mr. Samuel Beard.
Q: What did you do there when you got there?
A: I went to the place where I thought I could see the men if I possibly could.
Q: Did you have a glass?
A: Yes, sir.
Q: Did you see them?
A: Yes, sir.
Q: Where?
A: Up at the oak tree.
Q: What were they doing?
A: Two men were sitting down, and one was standing up and walking to and fro.
Q: Do you know which one was walking to and fro?
A: Kerrigan.
Q: The other two were sitting?
A: Yes, sir.
Q: How long did you see them for?
A: It seemed about an hour and a half to me, but I suppose it was about an hour.
Q: Did you remain there until they were arrested?
A: Yes, sir.
Q: The officers came up from Tamaqua and you watched until they were arrested?
A: Yes, sir.

No cross examination

Edward Febich, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: What is your business?
A: A painter.
Q: Were you working around Lansford on the third of September?
A: Yes, sir.
Q: Where at?
A: Up on the hill; William D. Zebner's new house.
Q: About what time did you get to the house?
A: I believe about 10 minutes before seven or so.
Q: Did you go into the house, or remain outside?
A: I remained outside.
Q: Sitting down?
A: Yes, sir.
Q: Where?
A: Right in front of the house on a plank.
Q: Could you see across to the pipe line?
A: Yes, sir.
Q: From where you were?
A: Yes, sir.
Q: The elevation across was about the same as the pipe line from there?
A: Yes, sir.
Q: Did you see anybody come down the pipeline?
A: Yes, sir.
Q: Who did you see?
A: Four men.
Q: Who did you see first?
A: John P. Jones was the first.
Q: Who was next?
A: The next that came down were Kelly and Doyle.
Q: And who was the next person; was there a third party?
A: Yes, sir. I did not know who the third man was.
Q: Was John P. Jones alone?
A: He was in front.
Q: The next persons to him; were they three or two?
A: Two.
Q: And the third man was back of them?
A: Yes, sir, about 30 yards.
Q: What did you see first, after you saw these men on the pipe line?
A: I seen these men coming down the pipeline and then I heard a shot fired; and then I saw a man run down the pipeline and holler " Oh! Oh!", and run in the brush; and I saw two men follow him and fire a few more shots. Then the bigger one went up the hill; the smaller one stumbled two or three times going up the pipe line; I saw one, the smallest one, turn and run up the hill as fast as he could go.
Q: Did you see anybody shoot?
A: Yes, sir.
Q: Which one?
A: The two men close behind John P. Jones.
Q: How many shots did you hear altogether?
A: About four altogether.
Q: Did you see how the two men that shot were dressed?
A: They had on dark clothes.
Q: What did they have on their heads?
A: I did not take particular notice.
Q: You did not see their faces?
A: I seen their faces, but I could not recognize them.
Q: Did you go over to where Jones was then?
A: Yes, sir.
Q: Did you see him?
A: Yes, I saw him.
Q: What was his condition?
A: He was lying there and Mr. Weihenmyer had hold of him; he was sitting up; he was alive then; a few struggles, and he died.
Q: Did you see where he was shot?
A: Yes; I seen a mark right below the heart.
Q: Did you see the blood coming out?
A: Yes, sir.
Q: Did you see what they did with him?
A: Yes, sir, they put him on an old shutter, and carried him up the hill, put a red handkerchief over his face. I helped raise him but did not carry him up.

Cross examination by
Mr. Kalbfus:
Q: How far were you from where John P. Jones was shot?
A: Between four and five hundred yards.
Q: You heard him when he was shot, say "Oh! Oh!" ?
A: Yes, sir.
Q: And you heard him four or five hundred yards say that?
A: Well, that distance, I did not measure the ground.
Q: You saw four men?
A: I did.
Q: Where did the two men go, that shot John P. Jones?
A: Up the pipe line.
Q: And where then?
A: I did not follow them.
Q: Did you not see?
A: I saw them until they got on top of the hill, and then they ran up.
Q: Where did the other man go?
A: He went up the hill somewhere. I did not follow him either.
Q: Did he go into the brush?
A: What, the fourth man?
Q: Yes.
A: No, sir.
Q: Where did he go?
A: Right up to the top of the hill.
Q: Right up in the street?
A: I do not know where he went.
Q: The head of the pipe line runs right into the street?
A: It does.
Q: He ran up the line; up in the street?
A: He ran up the line; up the pipe line.
Q: The same direction in which the two men did; who did the shooting?
A: Yes, sir.
Q: Did you know Mr. Keever?
A: Yes, sir.
Q: And you thought that was the man that ran back?
A: Yes, he had no coat on.
Q: Did you swear in the case of the Commonwealth against Doyle, that you heard John P. Jones say "Oh! Oh! " ?
Q: How long was it after the shooting before you got to him?
A: Perhaps a minute or two.
Q: Where were you?
A: In front of Zehner's house.
Q: Zehner's house is up on the opposite hill, is it not?
A: It is.
Q: You had to go down through the valley and go up the hill, to get to Jones?
A: Yes, sir.
Q: And from where he was killed, to Zehner's house, you heard Jones say " Oh! Oh!"?
A: I did.
John C. Rutter, recalled on behalf of the Commonwealth; direct examination by
Mr. Albright:
Q: Do you know where Zehner's house is located?
A: Yes, sir.
Q: What is the distance from where Jones was shot to Zehner's house in an air line; I do not mean going down and up again, but in an air line?
A: Well, I should judge it was not more than about eight or nine hundred feet; say three hundred yards.
Q: In an air line across?
A: Yes, sir, in an air line.
Q: How far is Zehner's house above the railroad; what is the distance from the railroad or the telegraph office to Zehner's house?
A: About one hundred yards and a little over.
Q: And, how far is it from the telegraph office to where Jones was shot?
A: About one hundred and fifty yards.
Q: Then, the distance from Zehner's house in going over the ground, would be about two hundred and fifty yards?
A: Yes, or three hundred yards.
Q: And, in an air line, right across from Zehner's house?
A: Oh, my, it is more than that; about three hundred yards, I think, from Zehner's house over to the point where Jones was shot.
Q: Then, according to that, you would make it farther by an air line than by going down the hill?
A: There would be not a great deal of difference; the hill is not very steep; if I had a map here, I could measure it exactly.

Cross examination by
Mr. Kalbfus:
Q: Between Zehner's house and where Jones was shot, there is a line of railroad?
A: Yes, sir.
Q: There was a train coming in about the time that Jones was shot?
A: I believe so, I understand that there was.
Q: And that train was coming in immediately between where Febich was and where Jones was shot?
A: Yes, I believe so.

Redirect examination by
Mr. Albright:
Q: The railroad would not obstruct your view?
A: No, sir, Zehner's house would be probably about one hundred feet from the railroad vertically.
Q: You could see over on the pipe line from Zehner's house?
A: Yes, sir; there was nothing to obstruct the view from that line.

Mr. Kalbfus:
Q: A train coming in between Zehner's house and where John P. Jones was shot, would it not naturally obstruct the hearing and interfere very much with the sound?
A: There might be intervals when they could hear.
Q: If there was a train coming in to the Lansford Station, the sound made at the point where Jones was shot would be very much confused, would it not?; that is, it would be very difficult to hear at Zehner's?
A: Well, I understand the train had slacked up sufficiently for them to turn a switch , about the time of the shooting, and hence, there would not be much noise then.

Mr. Albright:
Q: The train that morning did not come up to the crossing; it backed down to the station, did it not?
A: I do not know how far it came up.

William Pearce, sworn on behalf of the Commonwealth, direct examination by
Mr. Albright:
Q: Did you assist in arresting Doyle, Kelly and Kerrigan?
A: Yes, sir.
Q: Where?
A: At the spring above Tamaqua.
Q: Did you notice anything about Kelly's shoes; what kind of shoes he had on?
A: Kelly had on low shoes.
Q: Do you know what Doyle had on?
A: Boots.
Q: What kind of boots?
A: Fine boots; heavy boots.
Q: What condition were they in?
A: All their clothing was very damp.
Q: Did you help to strip them?
A: I did, sir.
Q: Were they more than usually sweated?
A: In a very big perspiration.
Q: You had traveled a good deal that day?
A: No, I did not travel much myself, I rode.
Q: Did their condition seem as if they had traveled a good deal?
A: Yes, sir.
Q: And exerted themselves much?
A: Yes, sir.

End of Testimony Three

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