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Wellsboro Agitator
February 17, 1885
OSCEOLA. February 13, 1885—The bank of Morgan Seely was
broken open early this morning by thieves whose work shows that they were
professionals and understand their business. About $1,300 in cash
were taken from the bank and from the Post Office, which is in the same
building, a quantity of stamps and what money was in the drawer were taken.
Two or three hand bags were also taken from the store of the Postmaster
C. H. Bosworth.
The thieves evidently took possession of the school house the
night before and stayed there until they were ready to begin operations
at the bank. They used the coal scuttle as a spittoon and did no
material damage at the school house. In preparing for their work
they took some tools—sledge hammer, bits, brace, etc.—from the blacksmith
shop of Sylvester Tinney.
The bank is in the back part of the building Mr. Bosworth’s store
and Post office building being in the front. The burglars entered
the store by the front door by boring through the door and slipping back
the bolt of the lock. They then went to the little room in the rear
of the vault and broke a hole through the wall of the vault. They
blew the spherical safe open with a giant powder, the explosion blowing
the door of the safe off with such force that it burst through the inner
door of the vault completely shattering the time lock with which it was
secured. The explosion was heard by some of the families near by,
but it was thought to be nothing more than some woodshed door slammed by
the wind.
The thieves left the building as late as four or five o’clock
leaving their jimmy and other tools in the bank and went down the Corning,
Cowanesque & Antrim railway track. At Elkland they stole a team
from the barn of Landlord Case and drove off in the direction of Elmira.
Pursuit was made in a very short time, and the thieves were traced to a
piece of woods near Elmira. Help was procured, and the scamps were
surrounded, and about noon one of them was captured with $200 on his person.
At four o’clock this afternoon a dispatch was received stating
that four of the burglars had been captured and that the other was certain
to be.
ANOTHER ACCOUNT OF THE ROBBERY
There are several conflicting stories afloat as to the manner
in which the thieves operated, one of them being to the effect that the
burglars stole Mr. Case’s team at Elkland and drove to Osceola before attacking
the bank, that they were discovered at their work at about half past four
in the morning by an early riser, and that several citizens saw them drive
off with their booty without interfering with them. This story is
hardly probable.
Another account in the Elmira Advertiser states that the explosion
occurred at about 3:30 a.m., and that the wife of Quincy Cilley, who resides
across the street from the bank, was awakened by it, and informed her husband.
Mr. Cilley suspected that there was something wrong and went to the house
of Mr. Morgan Seely to call him. Mr. Seely and his two sons, Edward
M. Seely, the cashier, and F. J. Seely, the assistant, hurried to the bank.
They found the front and rear doors of the vault open, and a ragged hole
over two feet in diameter, in the rear wall of the vault. The doors
were badly damaged, indicating that they had been forced open by explosives.
Five hundred dollars in silver and $1,000 in bills were missing, and it
was found that the perpetrators of the crime had affected an entrance to
the building by an east window. The walls of the vault were of cut
stone masonry, two feet thick, and the doors were of heavy iron.
The Seely’s lost no time in informing Constable Charles R. Taylor
of what had happened, and all four, in three separate rigs, rigs started
in pursuit. A light snow, which had fallen during the night, enabled
them with the aid of lanterns, to discover the direction taken by the burglars.
The fugitives had walked down the railroad a short distance, then cut across
lots to the main road, heading for Elkland. They were all on foot,
wearing new rubber over shoes, but reached Elkland ahead of their pursuers,
who arrived at 4:00 a.m. Constable Taylor and his party found the
door of T. D. Case’s livery stable open, and investigation proved that
the robbers had stolen him omnibus team and two seated sleigh.
The pursuers then followed the gang toward Lawrenceville, where
Constable Fenton joined in the chase. A dispatch was sent to the
Constable at Wells, Bradford County, warning him to look out for the party.
Dispatches were also sent to Chief of Police Little, at Elmira, and he
sent officers and others to watch for the arrival of the expected thieves.
The dispatch sent to Wells was delivered to Constable Charles Blanchard
who lives about a mile and a quarter from Wells towards Bulk Head.
He stationed himself at the junction of Lawrenceville road and the road
east from Wells. He had not waited long, when driving at a good speed,
the thieves hove in sight. Blanchard ordered them to stop, and caught
the rear horse by the head, though the animal was rearing under the pain
of the whip. The thieves said nothing but one of the number, later
learned to be Harris, stepped out and fired twice at Blanchard. One
ball passed through his left coat sleeve, and as Blanchard loosed his hand
of the bridle, Harris jumped in the sleigh again, and all drove off at
a break neck speed.
Blanchard followed them, and when in front of George Chamberlain’s
they stopped, and four of them jumped out, the fifth turning the horses
into the barnyard, and leaving with his companions. Three of the
number carried satchels and the others carried bundles. They went
across Ephraim Dalrymple’s farm towards Mount Zoar, crossing to Aaron F.
Bennett’s land and going to Peter Rutan’s. Chief Little and Officer
Batterson were on the look out. They were driving on the plank road,
and espied some men in the woods.
One of the number came towards Elmira, catching a ride with George
Comfort. The fellow’s evident anxiety aroused Comfort’s suspicions.
He wanted Comfort to hurry, and as an inducement promised him a drink.
They stopped at M. D. Miller’s store on South Main Street where Comfort
told Miller his suspicions. Officer Dillon was advised, and search
of his person revealed $200 in money. He said his name was William
Harris, that he lived at Toronto and had been this side of Niagara but
two weeks.
Pursuing the others, Chief Little and Office Batterson tied
their horse to a tree and began the ascent of the steep hill. When
part way up they heard some one talking, and presently Blanchard shouted
to them that the fugitives were near. A rush followed through the
woods and down the hill towards Peter Rutan’s house. The chase was
a lively one, the four men having not more than twenty rods the lead.
Ben Shays, who works for Mr. Rutan, had a team and sleigh standing in the
road, their heads turned northward, and then men rushed up, tumbled him
out, whipped up the horses and left the breathless officers behind.
Off went the overcoats and onward pressed Fenton and the Chief. Batterson
returning to look after the horse.
The horses were old and slow, but went pretty well for a while.
On the road the thieves met Dr. Horace Darling with a fresh animal and
single cutter. He turned around at their suggestion, when they pointed
their revolvers at him and gave them his horse, to be sure rather reluctantly.
The officers covered a mile of the highway on foot when they met George
Weaver, a farmer, who hitched up and took them in a sleigh on the case.
The robbers went to Hendy Hollow, finally leaving the horse and cutter
and going up the steep bank on the west side into the woods.
The pursuers were increased by large numbers, the Chief spreading
the news as he went along. Mr. Wolf shut down his saw mill and himself
and ten men brought out their shot guns for business. Farmers and
their sons joined the chase, the Chief warning them all along the road
to Big Flats that the robbers were likely to come up and steal their horses.
The hill was completely surrounded and escape was impossible. Officers
Nagle and Rutan joined the pursuit and Kirwin’s shots were replied to by
Rutan with his forty four caliber rifle, one of the balls going through
Kirwin’s wrist. Kirwin was last seen by Mr. Wolf. The man bled
freely, but resisted capture, running away with his companions. Officer
Rutan arrested one of the men, James D. Wells, in a barn near the Glen
Mountain House. Finally the wounded man was cornered, having fallen
down a high bank on being shot and, picking himself up, crossed the river
into the hands of the officers.
The fourth of the fugitives, McPherson, was first espied by a
farmer named Rhodes, when he was crossing a field. Rhodes got out
his gun and went after him, accompanied by Charles Smith. They drove
him to Big Flats and captured him. While in the hotel there a gun
was left standing against the wall and McPherson, seizing his chances,
grabbed the gun and was about to clean out the crowd. He was defeated in
that attempt, and was not given any chances again. Sheriff Stanley
and Chief Little took him to Elmira.
The pursuit of the fifth man was practically given up at dark,
but a few kept their eye out. W. R. Rutan and Office Dillon started
at dusk and drove to Hendy Hollow, about seven miles, when they met a boy
who said he had seen a man on his way towards Elmira, who offered him two
dollars if he’d take him to the city. They whirled around and made
the best time possible and when at Walnut Street inside the city limits,
they saw two men on a hay rigging. They drove to the nearest street
lamp and stopped their horse. When the farm wagon came up there was
only one on the rigging and that was the owner John Brown. He said
the man had hired him to bring him to the city and had just jumped off.
They heard running footsteps and driving rapidly back stopped the man,
jumped out and cornered him. He was very cool and gave his name as
Harry Thorne, of Caton, said he knew people in the city and had just been
in a house near by to see a lady friend, but when asked for names he could
give none. When they told him to come with them, he showed fight,
and they tumbled him into the sleigh by force and lodged him in the jail.
On him was found a box of wax tapers, the same as those carried by everyone
in the gang, and a curious little arrangement supposed to be a tool for
his business. He had a silk skull cap, a knife, a silver watch, eye
glasses, a gold pencil, and other articles ordinarily carried by a man,
also $81.35 but nothing that would reveal his right name. None of
the gang carried anything that would show their identity.
Dynamite is supposed to have been the explosive used by them
in their work. While in the woods on Mount Zoar, the robbers threw
away their satchels, and a fine black hand bag was found there Friday night.
It contained a hand drill of fine construction, two dynamite cartridges,
files, drills, fuse, etc. besides collars, cuffs, and stockings.
Each of the gang members had in his possession a high skull cap,
which had holes for the eyes, to be used as masks; without arousing suspicion
if found on them. On the whole party has been found about $700, which
includes about all the currency stolen. The silver is supposed to
be in the missing hand bags.
During the flight up Mount Zoar Harris, who was first caught,
was seen to pass near a log near Bennett’s quarry and search being made
there, two cloth cases were found. They contained four false keys
with double ends, nippers to turn keys from the outside, sixteen bits,
a little crank which must have fitted something not yet found.
The Advertiser says that the collection of articles in possession
of Chief Little is rather interesting. Among them are a good sized
compass, rings to screw to a floor in case they wished to bind anybody
down, railroad guides, maps, and a banker’s directory, figures which have
the appearance of being safe combinations, names and addresses. The
streets mentioned and the men are evidently fresh from that city.
A large, fine woolen handkerchief like cloth, used for wrapping fine tools
in is marked “J. R. Branton”. Among the trinkets is a little embroidered
and painted silk square with a bleeding heart with the words “Cease, the
heart of Jesus is with you”.
Harris, the first man caught, was put down with the other prisoners
in the jail at Elmira, his pals occupying other cells. When he went
in he wore side whiskers and a moustache, but when Deputy Small went to
look at him a second time, he didn’t know him, Harris having shaved off
all his beard to conceal his identity. They all refused flatly to
say anything about themselves, except to answer questions as to age and
nativity. Among the cards found on the fifth man caught is one of
T. B. Staley, Buffalo, a shoe dealer.
McPherson is a giant, aged thirty one years, being six feet and
a half inches high. He had black eyes and hair, and says he was born
in Alexandria, Virginia, is single, is a carpenter and has been arrested
once before. He lost $70 in silver, he says, in sliding down the
hill ahead of Chief Little. A revolver on him was loaded to the last
barrel. James D. Wells said he was a painter. Harris was the
toughest looking character.
Sheriff Baxter was in Elmira on Friday to see about bringing
the thieves to jail here. McPherson was the only one of them who
said he would not come without requisition. The Advertiser says several
of the gang had been seen in Elmira, and McPherson attended a masquerade
there last week Monday night. Since that time he had been stopping
at Elkland under the pretense of being a United States detective looking
for counterfeiters, and he is believed to be the one who planned the robbery.
February 17, 1885
Wellsboro Agitator
It is thought that the Osceola bank robbers had intended to crack
the Parkhurst bank at Elkland, but being frustrated, they fell back upon
the one at Osceola. A man claiming to be a Mr. Smith and a detective
hung around the Case House for a couple of weeks, visiting both banks on
business. Mr. Case, the landlord, wanted a hostler, and the detective
recommended one, who stayed about a week, or long enough to get the run
of things and to know where to get a team when it was needed. The
Elkland bank is kept open evenings to accommodate customers from up the
river, and the night of the robbery, Mr. Jones was in the bank until very
late, making up his balances. The theory is that the gang got sick
of waiting for him to go home, and concluded to put in their time at the
Osceola bank; and this same theory accounts for their being so late in
the morning about getting started off.
March 3, 1885
Wellsboro Agitator
Last Friday Sheriff Baxter brought to this borough the five men
that robbed Morgan Seely’s bank, and lodged them securely in jail.
It was announced that they would leave Elmira at 1:10 p.m., coming by way
of Corning, but in order to avoid the gaping crowd Sheriff Baxter decided
to come at 10:00 a.m. by the Tioga road to Lawrenceville. He was
assisted by Sheriff Stanley and Chief Little, of Elmira, Constable Fenton,
of Elkland, Constable Caton, of Lawrenceville, Officer Ryon, of Blossburg,
Constable Flechler and Mr. O. G. Padgett, of this borough. The prisoners
were heavily ironed, and the party were all locked up into the smoking
car during the trip. Upon their arrival here a large crowd followed
the criminals to the jail to get a glimpse of the celebrated strangers.
The prisoners were assigned quarters, Lowrey and Love being placed in one
cell, Thorne and McPherson in another, and Kirwin in a cell by himself.
They are a slippery lot, and there is no doubt they will attempt to escape
if the slightest opportunity presents itself. Sheriff Baxter evidently
intends to keep them in his clutches, for two watchmen—Constable H. T.
Caton, of Lawrenceville, and Mr. Joseph Williams, of this borough—have
been engaged for day and night work.
March 10, 1885
Wellsboro Agitator
An Elmira Sunday paper contains a very sensational item to the
effect that the bank robbers in jail in this borough had made an attempt
to escape, and when “they had picked the lock of the cell door and got
into the corridor the guard pulled his gun and they retreated again to
the cell”; also that, “there are now ten men in jail here for stealing
freight at the scene of the recent powder explosion”. This is about
as reliable as much of the stuff which finds a place in that sheet.
There is no truth in the statements whatsoever. When the time comes
that an “attack will be made on the jail, the guards overpowered, the turnkey
gagged, the telegraph wires cut and the prisoners and their rescuers ride
over the Pine Creek railway in an engine stolen from the round house,”
there will be some fun in this region. The jail isn’t made of pasteboard,
nor the guards of putty; but it looks as though the brains of some of the
Sunday reporters might be composed of the latter material.
March 17, 1885
Wellsboro Agitator
A rather prepossessing woman, handsome and well dressed, came
to this borough last week and represented herself to be the wife of Charles
Lowrey, alias Harris, one of the bank robbers, and as such gained admission
to the jail and was allowed to converse with the prisoner in the presence
of an officer. She was recognized at once by the Sheriff’s family
as the same woman who came here about a year ago as the sister of Lewis,
the man who shot himself in the leg while tussling with Officer Ryon at
Blossburg about a year ago. At that time she paid all the costs and
went away with Lewis.
March 17, 1885
Wellsboro Agitator
The Bank Robbers
THEIR EXAMINATION LAST FRIDAY
—THEIR PERSONAL APPEARANCE
—SUBSTANCE OF THE TESTIMONY AGAINST THEM
—THEY ARE COMMITTED TO JAIL
On Friday afternoon of last week the preliminary hearing in the
case of the Osceola bank robbers took place in the courtroom, before Justice
of the Peace A. S. Brewster. The room was well filled with spectators,
mostly men and boys—not over half a dozen ladies being present—all waiting
eagerly to catch a glimpse of the noted cracksmen. About half past
two o’clock Sheriff Baxter, and his deputies brought the prisoners in.
Charles Lowrey, alias Charles Harris, and Jack Love, alias Jack
Wells, were handcuffed together and headed the procession up the aisle.
Harry Thorne and McPherson followed next, similarly manacled, while Kirwin,
alias Barney Oats, shackled to officer Caton, brought up the rear. They
were seated in a row within the bar, back of their counsel—Major George
W. Merrick and Charles Taylor, Esq., the latter gentleman from Elmira,
NY. Lowrey and Love occupied the central positions with McPherson
at the end next to the jury box and Kirwin at the other end. In dress
and general appearance the prisoners were not a bad looking set.
Jack Love wears a light brown mustache, had a good-shaped, round
head, with a rather high forehead. His countenance is pleasing, and
during the hearing, at certain stages of the cross-examination, he seemed
very much amused, and would place his hands to his face to suppress his
laughter. Charles Lowrey is decidedly the brightest and best looking
man in the gang. He has a smooth face, though when arrested he wore
side whiskers. He has dark hair, a high, broad forehead, which slopes
back considerably. His small and bright blue eyes, with little or
no shading of eye brows, are set well back in his head. He has a
small hand and foot, and from his self-contained manner and intelligent
glance can readily be picked out as the leader of the party. Henry
Thorne is not a nice looking fellow. He wears light side whiskers,
has a light complexion and a rather long and wicked looking face.
McPherson is his opposite in complexion and color of hair, being very dark,
large framed, with a smooth face, high cheek bones, and with a rather low,
deeply wrinkled forehead. He seemed quite talkative, and consulted
with his counsel frequently. Kirwin is the youngest man in the party,
and is quite bleached out from his recent confinement in the Erie County
penitentiary. He makes himself quite friendly, and seems rather gratified
by the marked attention which he receives because of the gunshot wound
he sustained in the wrist at the time of his arrest.
The Commonwealth, represented by the District Attorney and by
Messrs. Elliott & Watrous, began the examination by calling to the
stand Mr. Edward Seely, of Osceola, the cashier of the bank that was robbed.
He testified that being notified between four and five o’clock in the morning
of the 13th of February that the bank had been entered by burglars, he
then got up and went out upon the street. On arriving at the bank
he did not at first date to enter, but walked down to the broad gauged
depot, when he saw three men walking back and forth and a fourth man running
toward them from the east end of the depot, with something rattling in
his pocket like keys or silver. This man stopped and looked at him
a few seconds, and then went away, and so did the others. Mr. Seely
then went to the bank, entering by the side door, which he found unlocked.
The vault doors were found shut, but the handles were turned up.
On entering the vault the safe inside was found with the door blown off
and the blown through the inner vault door. Upon the floor of the
vault were found a sledge hammer, jimmy, punches, bits and a package of
dynamite. The burglars had entered the bank by boring a hole through
the door of the store front of the bank and shoving back the bolt.
Then going to the back office, they made a hole through the back of the
vault, which is two feet thick. Mr. Seely said that when he locked
the safe and vault the night before it contained between thirteen and fourteen
hundred dollars, and that in the morning he found but thirty five dollars
in gold, which was found on the vault floor.
Mr. H. Q. Cilley, of Osceola, was next called. He lives
near the bank, and said he was awakened by his wife about half past three
on the morning of the robbery. She had heard the report of an explosion.
He got up and saw a man come out of the bank. He then went and notified
Mr. Seely that burglars were in his bank.
Capt. C. R. Taylor testified that he followed the tracks of four
men from Osceola to Elkland, and thence to Mr. Case’s barn. He found
Mr. Case’s team and sleigh were gone, and getting into his own sleigh,
he followed the tracks of the team to Lawrenceville and then took the train
for Elmira.
Mr. William Patten, of Elkland, testified that he was aroused
by Capt. Taylor, and helped him look for the tracks around the barn and
on the roads leading from Elkland.
Mr. L. Fenton, the officer from Elkland who followed the burglars
with his horse till he overtook them near Bulkhead, not far from Elmira,
was next called to the stand. He gave a detailed and graphic account
of the closing portion of the chase and of his meeting with the men in
the woods. He testified that Thorne, Kirwin and McPherson as the
men he had met in the woods.
Charles Blanchard, of Pine City, testified to stopping the team
near Pine City, when the five men got out of the sleigh, and he identified
Charles Lowrey as the man who shot at him twice. He said that shortly
after he was shot at his foot slipped on the ice, and he let go of the
team, and the men got into the sleigh and got away from him.
Chief L. D. Little, of Elmira, was next called, and gave a detailed
account of his part of the capture, and exhibited the skull cap and other
things found by him, belonging to the prisoners.
The last man called was Officer Rutan, of Elmira, who told how
he captured Jack Love in a barn near Elmira.
The defendants offered no evidence, and at the conclusion of
the examination Justice Brewster stated that he would hold them in
$2,000 bail each for their appearance at the next Court. None of
them offered bail, and they were therefore committed to jail to await the
action of the grand jury.
Trial of the Bank Robbers
April 14, 1885
Wellsboro Agitator
[Portions of this article are damaged and unreadable. Unable to read
the names of the Grand Jury members. The first readable section picks up
as the first witness for the Commonwealth is called to the stand]
After the District Attorney had opened the case, Mr. H. Q. Cilley
was called as the first witness for the Commonwealth and testified as follows:
I live at Osceola. The bank that was robbed is about sixty feet from
our business. My attention was drawn to the bank at 3:00 in the morning.
I saw a light in the bank and men there. I then heard a report like
a gun. I went to Mr. Seely’s to arouse him. Mr. Seely lives
about 10 rods from the bank. When I got back to the bank I saw three
men coming toward us. As they saw us they ran toward the depot.
I then went in company of Mr. Seely to the bank and saw papers strewn on
the floor and a big hole in the rear of the vault. I then followed
the tracks of four men from the depot toward Elkland. At Elkland
we called Mr. Fenton. We were enabled to track the men on account
of the fresh snow that had fallen the night before. At Elkland we
awoke the people at Case’s hotel. We followed the tracks of the four
men toward the Case house barn. We then found cutter tracks leading
from the town down the river. There were tracks of two horses and
a cutter. We followed the tracks as far as Lawrenceville. It
was February 13th, Friday morning.
Cross Examined [Cilley]: I should say that the light I
saw in the bank was a kerosene lamp. I could not see the man’s features
nor how he was dressed. Mr. Taylor and I drove to Elkland.
We first went to Mr. Fenton’s.
Morgan Seely testified: I live at Osceola. I am a
farmer and banker. I was engaged in the banking business last February
in a building that contained the Post Office and a store and the banking
office in the back part. The ordinary entrance is from the front
door of Bosworth’s store. No outside door leads into the banking
office. There are two side doors leading into the store and one front
entrance. I left the bank at 8 or 9 o’clock the night before the
robbery. The vault door was not locked when I left. I was called
between 3 and 4 o’clock the next morning. I called my oldest son
Frank. We started for the bank. I opened the vault door.
I found a hole in the inner vault door about six inches across. The
back wall of the vault in the back office had a hole two feet in diameter
made through it. We examined the safe and found the money gone.
It was all gone except $80 in gold. We found a hole in the front
outside door of the store and the bolt thrown back. With the exception
of $20 all the money was mine. The little pocketbook was my grandson’s
and was in a pigeon hole in the vault.
Cross Examined [Seely]: I have been banking for the past
15 years, and have occupied this building some 3 or 4 years. The
customers of the bank pass through the store. There was a sleeping
apartment back of the vault. My son kept the books. My two
sons took in and paid out the money. I was in Wellsboro the day before
the night of the burglary. When I was in the bank there were people
in the store—Frank Stevens, a clerk, and others. My son was at church
that night.
At the afternoon session Ed Seely was called and testified:
Mr. Cilley came to the house and informed me about the bank being broken
into. I got up and went down to the bank. I found the handles
of the vault door turned up. The front door of the building would
not open when I applied the key. I locked the vault door between
9 and 10 o’clock the night before the burglary. There were $1,300
in the vault and safe. About $30 in small change lay on the shelf
in the vault. There were about $300 in silver. Witness identified
a pocket book which had been in the vault on the night of the robbery.
It had been in the bank about a year. A chisel and various tools
found were exhibited, also a shawl which was pinned up at the window in
the back room. I saw three men down near the railroad depot.
They then passed off going in an easterly direction. They went down
the river toward Elkland. The witness was shown for identification
a greenback dollar bill which he recognized. He also recognized the
bills by the way he patched them up. They were in the bank of the
12th of February.
Cross Examined [Ed. Seely]: Am the son of Morgan Seely
and cashier of the bank. I made up the cash account.
C. R. Taylor sworn: I sent dispatches north announcing
the robbery. I saw at first the tracks of two men and 110 yards from
the bank I struck the trail of four men. The tracks led to Elkland.
I got out of my cutter a number of times and looked for tracks. At
Elkland I lost track of the men on foot on Main Street. I traced
them to Case’s barn. I found the staple gone and the barn open.
I know Mr. Case’s team and sleigh and found they were gone. I found
the tracks of two horses. The foot tracks were made with rubbers,
three pairs course on the bottom and one fine.
On cross examination the witness [Taylor] said he was the son-in-law
of Mr. Seely.
Mrs. H. Q. Cilley testified that she saw four men come out of
the bank and hear five explosions. She then heard another explosion.
Then her husband dressed and went out and while he was gone she heard another
explosion.
William Potter testified to following the tracks to Case’s barn
where he found the team gone. He knew team was in the barn the night
before.
L. W. Fenton, the Constable at Elkland, testified: I got
down to Elkland about five minutes after six. I drove to Case’s hotel
and there met Capt. Taylor. We found tracks going down the river.
One was of a flat footed horse that strikes on his ball. I found
this track and followed it until I met the team near the Bulkhead hotel.
I saw Mr. Case’s team and these parties leaving it. I recognized
the team and saw five men get out and go for the woods. They ran
part of the way and part of the way they walked. I followed them
over the fields to the top of the hill and came where Chief Little was.
I came in ahead of Chief Little on their track. It was in sight of
Elmira. They went to the woods. I cam up to four of the men
in the woods. I was about ten feet from them. The four stood
near together. They told me to halt. Three of them had revolvers.
I stopped and one said, “You go back”, I said, “You might as well surrender”.
One said, “You go back, or I’ll shoot”. I told them it would do no
good to shoot me, as Chief Little had them surrounded. They asked
who Chief Little was. Shortly after this I met Chief Little in the
woods and he said, “Hands up”. I told him he had the wrong man.
Kirwin, Thorne and McPherson were identified by the witness as the men
who drew revolvers on him. The fourth man had on a scotch cap drawn
down. The men faced witness. The four men ram down the hill
and Blanchard and I followed. They got into a sleigh that had previously
been driven by a boy. The team went as fast as it could. They
met Dr. Darling, threw him out and took his team, leaving their old team.
I followed them to the head of Hendy Hollow. There I lost the track
but soon recovered it and going on found the doctor’s team by the side
of the road. Down near the river I met Kirwin. We afterward
got Love in a barn and followed the other man towards Big Flats.
He turned out to be McPherson.
Cross Examined [Fenton]: They all had overcoats on.
Kirwin was the man who asked me what I wanted.
Charles Blanchard testified: I reside in New York State
and I am Constable. I heard of the bank robbery the 13th of February,
got a dispatch. I went out of the house and saw a team of brown horses
coming with five men in the sleigh. They were on the direct road
toward Elmira. I went up 20 rods and met the team. I grabbed
the horses’ heads. They all got out of the sleigh and one man fired
at me twice. Shortly after I let loose and they all got into the
sleigh and drove off. One shot went through my coat sleeve.
The man who shot me was Lowrey. I recognize all of them. McPherson
was driving. Mr. Graves followed the track of one man and I took
after the four. One of the men wore a cap.
Frank Graves said: I live at Pine City. I am a merchant.
I saw five men driving over the bridge. They were going at a round
trot. I saw Mr. Blanchard halt these men. When he caught the
horses the sleigh slowed around. I saw a small sized man fire two
shots at Blanchard. Blanchard fell the second time the man fired
and they got away. I went down and Charley wanted me to help follow
them with him and I went. Four men went in one party and one went
to the right toward Elmira. I followed the single track and found
a pair of woolen mittens. This man had new rubbers on. The
Diamond and Boston Rubber Company was stamped in the snow. I saw
where he made tracks around a log. I lost him on his way to Elmira.
I found under the log the full kit of burglar’s tools in cases. The
witness identified McPherson as the driver.
F. Chamberlain, of Southport, testified that he saw some of the
men have bundles and some satchels.
Jason Harris, of Southport, testified that he found the pocketbook
by the side of the road near where the party got over the fence.
H. C. Bosworth testified: I know where this pocketbook
was kept. It was in the vault. I kept the pocketbook in the
building. There were pennies collected for four years. I am
father of the boy who owns the pocketbook. Witness identified a silver
dollar that was taken from a drawer in his store.
Thomas O’Neil, of Elmira, testified to finding a pocketbook with
a quantity of pennies in it near the Bulkhead hotel.
James H. Callahan, city editor of the Elmira Sunday Times testified
to going with an officer and being present when McPherson was captured
in the hotel at Big Flats and to what McPherson said as they drove into
the city. He also saw Lowrey searched.
Horace Batterson, Police Constable of Elmira, detailed how he
left Elmira in company with Chief Little and struck the trail of the five
men a little way out of the city. He went after the trail of the
one man who went towards Big Flats. At the hotel at that place he
found his man had been captured. The prisoner turned out to be McPherson.
He took the prisoner in a sleigh and started for Elmira. McPherson
in answer to a question as to what time he left Osceola, asked, “Where
is Osceola?” He said that if he had only got to Elmira under cover
of darkness he would have got away, that they would have stopped at some
of the houses and they would have either purchased silence or demanded
it. He said that they had made up their minds not to wing any of
the officers for fear they, the officers, might string them up to the first
lamp post. Witness corroborated the testimony of Mr. Callahan.
Cross Examined [Batterson]: McPherson said he did all the
driving. On Thorne the officers found $64 in bills and $12.40 in
silver.
Daniel Dillon, a police officer of Elmira, told how he arrested
Lowrey on South Main Street in Elmira about 9 o’clock of the morning of
the robbery. On searching his prisoner he found money in most of
his pockets and a large bundle in an inside coat pocket. Witness
also told the story of the arrest of Thorne that evening after he had come
into the city on a hay rigging.
Benjamin Shays, of Southport, testified: I was coming out
of a field drawing water with my team. Four men came out of the woods
into the road and pointed revolvers at me and told me to get out of my
sleigh. Then they took the sleigh and drove off. Witness identified
all of the prisoners except Lowrey, who was not with the four.
Smith Rutan, an Elmira officer, testified that he came on to
four of the defendants in a field some little distance out of Elmira.
I told them to halt, and they started off on a run. My gun would
not work at first, but as I got to the top of the hill got sight of a man
and fired at him. It was Kirwin. He gave a cry. I then
went down and tracked a man into a barn. I pulled my gun on him and
told him to throw up his hands. He did so and said “Don’t shoot”.
I told him to come down out of the barn and he did so, and I arrested him.
His name is Love. I searched him and found $161 in bills upon him.
Michael Keagle, another Elmira policeman, said: I was present
when Kirwin was arrested back of Hendy Hollow, near the river. I
found money on his person to the amount of $157.40. In his hip pocket
were found $48.48 in silver. On our way to Elmira the prisoner said
he would make a divvy if I would let him go. He said he didn’t know
how much money he had.
Chief L. D. Little, of Elmira, testified: I drove to Bulkhead
with my officers. I saw a man in the woods and behind him.
I saw four other men following. Presently one man took a different
course from the other four. I followed the four men who were running
towards Officer Rutan’s house where they took the boy’s team and went towards
Elmira. I drove after them, and learned that McPherson had been arrested.
I afterward saw the Sheriff taking him on a sleigh to Elmira. Afterward
Lowrey and Kirwin were brought in. All five were brought in that
evening. On searching Thorne I found $400 in the sole of his shoe
and $45 in his undershirt. I asked each of the men if they had satchels
when they went into the woods and they said no.
T. D. Case testified: I keep the hotel at Elkland.
When I got up the morning of the robbery I found my horses and sleigh gone.
I afterward found them at Pine City. The horses were not injured
much, only a little tired.
S. M. Daily testified: I live at Osceola and keep hotel
there. Two of the defendants stopped with me about six weeks before
the robbery. The men were Lowrey and McPherson. They cam to
my house at 4 p.m. of one day and remained there till about 9 o’clock the
next day. I knew of these men visiting the store where the bank is
located. McPherson asked many questions and seemed quite talkative.
F. J. Seely testified: I am a son of Morgan Seely, of Osceola.
I made search in the afternoon of the day of the robbery near the Bulkhead
hotel in the first woods near by. I followed the track over the hill.
I found a satchel and gave it to Chief Little of Elmira. I found
it three or four rods up the hill, in the woods some 15 or 20 feet from
the tracks. The satchel contained a ratchet for using drills and
a wooden screw, which were exhibited. It also contained a fuse, railroad
time tables, etc. The tools were offered in evidence by the Commonwealth.
The Commonwealth here rested and Mr. Taylor, counsel for the
defendants state to the Court that it was not their purpose to make any
fuss. No arguments were made to the jury. After the case had
been briefly summed up by the Court and submitted to the jury a verdict
was rendered without the jury leaving the box. The jury found the
defendants guilty in manner and form indicted. The defendants also
rendered a plea of guilty on the second indictment—the stealing of Mr.
Case’s team.
Mr. Elliott, representing the Commonwealth, then stated to the
Court that it was not their purpose to proceed with any of the remaining
indictments against these defendants, and he requested that sentence be
passed under the two indictments already disposed of.
The Court then requested Mr. Kirwin to stand up, and on account
of his being the youngest man in the party, sentenced him as follows:
That he restore, if not already restored, the stolen property; that he
pay a fine of $1 to the Commonwealth and the costs of this prosecution;
and that he undergo imprisonment in the Eastern Penitentiary, at separate
and solitary confinement, at hard labor, for and during the period of nine
years and six months.
McPherson was next sentenced similarly as to fine and costs and
to nine years and seven months imprisonment. The sentence of each
of the others was similar except as to the terms of imprisonment which
were as follows:
Harry Thorn, nine years nine months; Jack Love, nine years eleven
months; James Lowrey, ten years, sentence in each case to be computed from
their arrival at the Eastern Penitentiary. The Judge told Lowrey
that he considered him the leader of the party and responsible largely
for the robbery and therefore gave him the longer term of imprisonment.
The Bank Robbers Story
THEIR DEPARTURE FOR THE PENITENTIARY
—WHAT THEY SAID TO AN AGITATOR REPORTER
THE NIGHT BEFORE THEY LEFT
The Osceola bank robbers were started on their way to the Eastern
Penitentiary last Friday morning on the six o’clock train. The prisoners
were handcuffed and shackled in pairs as they appeared when brought into
court for trial. Kirwin was handcuffed to officer Joseph Williams.
A long chain with rings at proper distances was run between the arms of
each pair and the chains connecting the handcuffs passed through the rings
in the large chains, thus binding the whole party together. Sheriff
Baxter, Chief Little, f Elmira, Capt. Taylor, Constable Fenton and Officer
Caton were the guards who accompanied the prisoners, together with Officer
Williams before mentioned.
Just before leaving Harry Thorne and Mile Kirwin objected to
going. The former stoutly insisted on delay stating that he wished
to see his counsel and arrange for a new trial. They offered no serious
resistance however, when the irons were placed upon them. The other
three men were quiet and made no trouble.
During the evening previous to their removal a reporter of the
Agitator called at the jail and held about an hour interview with the prisoners.
Mr. Lowrey, who was found alone in the old Traviss cell, seemed
in very good spirits and was very polite and gentlemanly. In response
to a question relating to the trail and sentence he said he thought they
had done the best thing under the circumstance, in not making any defense
and pleading guilty to the Case indictment. He said if they had gone
to the jury regularly and made a fight the Commonwealth would have tried
them on all the other nine indictments and that their sentence would have
been cumulative and they might have got twenty years.
While this conversation was going on Mr. Love, who had been placed
temporarily in another cell, was taken out and placed in his accustomed
cell with Lowrey. The conversation then became general and the remark
was made by one of them the if they had murdered a man they would have
got off much easier. Love said he was forty two years old and he
remarked that a fellow could not stand many such sentences in a life time.
The asked in a jocular manner if they were not to be taken to
Williamsport and tried for taking a few stamps from Uncle Sam. Lowrey
made the remark that he guessed by the time they had served the present
sentence out that the crime would be outlawed.
On passing around to the right the cell of Kirwin was reached.
He recognized his caller and came to the cell door and shook hands.
In response to a remark that he had received the lightest sentence, he
answered that he did not so understand but that McPherson had received
nine years and two months while he received nine years and six months.
On being told that he was mistaken he seemed surprised to know that McPherson
had received nine years and seven months, one month more than his own sentence.
He then told the reporter his part in the transaction.
He said he was never above Lawrenceville, that he had a few days previous
to the robbery met Harry Thorne in Elmira, that he had know Thorne having
worked for him once. Kirwin said he was dead broke and went to Thorne
who let him have $20. He said that on Thursday afternoon, the day
before the robbery, Thorne met him and sent him round to several livery
stables to see about getting a suitable team for him. He said he
did not succeed in this and that later in the same afternoon Thorne began
to get somewhat confidential with him and stated that a friend of his was
to be secretly married up in Pennsylvania and that he was going out of
the city for that purpose and was to drive back that night with the party,
that he desired him (Kirwin) to walk over the wagon road between Elmira
and Lawrenceville so as to be thoroughly acquainted with the route and
meet the party at that place and ride back with them.
He said he left Elmira between four and five o’clock that afternoon
after having purchased a map and a pair of new over shoes. He arrived
at Seely Creek about dark, and was directed as to the road leading to Lawrenceville.
He arrived at Lawrenceville, about four o’clock in the morning and remained
under some sheds, near the main road over in town till some time after
six o’clock, when he saw the party coming. He said, he went back
upon his track toward Elmira, and waving his hat at them gave them the
direction, and got into the sleigh with the party just outside of town.
Two of the men in the party he had never seen before he got into the sleigh
with them that night.
He said it was understood that some one of the party was to make
a statement just before sentence was pronounced, so as to “square up” his
matter before the Court, but that the Court had been informed by Chief
Little what an old offender he was, and for that reason the Judge sentenced
him first, and thus there was no opportunity for a statement in his favor
from one of the older men in the gang. He thought it very hard that
he should have received such a severe sentence.
McPherson was the next man seen. He asked what the people
outside thought about the sentence and when told that they considered it
very light under the circumstances he said he thought it very severe, that
there was but one real crime, that of breaking and entering that “old store”
and committing larceny. He said that all the other charges lacked
an intent to commit a crime, but were subordinate and necessary to accomplish
their one object. He thought that seven years would have been long
enough for all of them but Kirwin, and that he should not have had more
than five years as he was not above Lawrenceville that night. He
said he could not blame the Judge for being severe, because the case was
strongly against them. He knew it was all up with them as soon as
the burglar tools were shown to the jury that nothing but an earthquake
or loss of reason by the jury could have got them clear. He said
Cosgrove only got seventeen years for breaking into a National bank and
going into a private house and gagging people while they get about ten
years for going through an old store.
Harry Thorne, who was in the cell with McPherson, referring to
the money found in the sole of his shoe, said he placed it there long before
the robbery, that he originally had a $100 bill in his shoe, but his shoe
becoming worn, he tore the bill and then took it out and mended it and
got it exchanged for other bills which he placed back in the sole where
it was found. He went to a shoemaker whom he knew and had the sole
tacked back on over the money. He also said the $45 found in his
shirt had been there a long time and that the $115 they took from him was
not the bank’s money. He corroborated the statement made by Kirwin
and stated that he had picked up Kirwin in Elmira to use him, that he had
let him have $20 and that he sent him over the wagon road to meet them
at Lawrenceville.
Thorne made the statement that his only living relative was his
mother in England. He said he came to this country when about three
years old and had been employed until the last three years in the telegraph
business. His health failing him on account of sedentary occupation
he left the office and not having any thing to do he began playing cards
and got to gambling. Because of this occupation he fell into the
company of desperate characters and was not about to pay the penalty.
He spoke very affectionately of his mother, and tears stood in his eyes
as he said he should never see her again. He said that his health
was such that he did not expect to live to get out of the penitentiary.
Miscellaneous items regarding the bank robbers
--During their imprisonment in the county jail the bank robbers made
several tempting propositions to the guards to assist them to escape and
went so far as to lay out the details of a plan. It is very evident
in this case that the rascals failed to size up their men, for Messrs.
Williams and Caton are made of the stuff that it won’t do to handle carelessly.
--Sheriff Baxter turned over the Osceola bank robbers to the keepers of the Eastern Penitentiary last Friday evening. The Sheriff went on to New York to spend several days before returning home.
--Mr. Joseph Williams returned yesterday from his trip to Philadelphia where he went as one of the guards in charge of the bank robbers. On the trip a stranger told Mr. Williams that he knew “that man with side whiskers”. He saw him at Fort Wayne, Indiana, four years ago a fair where he appeared as a gambler, and he said his name was Thorne. The stranger hit it exactly. Mr. Williams saw Cosgrove (the stranger) in the penitentiary. Cosgrove had never heard of any of the Osceola gang except Love. He knew him by reputation as a crackman (safe cracker).
--The Osceola bank robbers all claim to be Democrats.
April 28, 1885
Wellsboro Agitator
--The Franklin Citizen says that “Charles Lowrey, one of the burglars
who robbed the Greenville express office two or three years since and afterwards
escaped with his confederates from the Mercer jail, was recently sentenced
at Wellsboro to ten years in the penitentiary for robbing the Osceola bank.
June 2, 1885
Wellsboro Agitator
Constable L. W. Fenton, of Elkland, get $20 for chasing up the
Osceola bank robbers, while it is stated that his expenses for liveries,
etc. was about $50. The Elmira officers get the lion’s share of the
$500, and all other claimants in this county are left out in the cold.
--PIKE MILLS, May 23, 1885—On Friday just after noon, as the men were returning to their work and crossing the floating acres of saw logs in Clinton’s mill-pond at this place, one of the workmen discovered the dead body of a man lying in the water among the logs. The attention of his fellows was at once called to it, and a boat was procured and pushed slowly among the logs to where the body floated. A small rope was passed around the body and it was lowed to the shore, where it was allowed to line in the water until authorities could be summoned. Upon the arrival of Justice Merrick, acting Coroner, a jury was impaneled, consisting of C. O. Brown, W. I. Field, R. L. Clark, Frank Hamilton, S. Duchess, and Robert Kelley. The body was taken from the water and placed upon a large “Lighter” that had been used for floating stone, and taken to the shore. Dr. J. S. Reynolds and A. Kibbe were called and made a very thorough post mortem examination of the body of the unknown man. The result of this showed to the jury that the deceased had come to his death by having had his throat cut from ear to ear, the cut partially severing the windpipe; that the body had been found placed in water after death and had probably been in the water all winter. The flesh from the lower part of the face had decayed, exposing the lower jaw; otherwise the body was well preserved, showing that it had not been exposed to a strong current in the water. The body was dressed in a full suit of rather coarse black or nearly black clothes and overalls of tan color, heavy stoga boots, nearly new. There were no other positive marks of violence upon the body except as above mentioned. The clothes were whole and fully buttoned; showing no marks of a struggle; but about the neck and cheat the clothing was thoroughly saturated with blood that the long immersion in the water had failed to soak away. In person the deceased was six feet high, twenty two inches across the shoulders and in life probably weighed about two hundred pounds. His hair was dark, straight and quite coarse, and he had a slight sandy mustache. Upon the left foot was found a peculiar deformity, the little tow growing directly crosswise of the others and crossing the next two toes at nearly right angles. Nothing was found on his person except two newspapers—the Evening Republic of October 17, 1884, and the Williamsport Grit, of October 19, 1884, a clay pipe, a small quantity of tobacco and a spool of thread. The verdict of the Coroner’s jury was “That the deceased unknown man came to his death by having his throat cut with some sharp instrument in the hands of some person or persons to the jury unknown.” Up to this writing the mystery had in no wise cleared. Many rumors are afloat, but nothing tangible. One, and the only one that seems to have any foundation, connects the man found with a man by the name of John Welle, a Swede who it is claimed had the same deformity of the left foot. A man here asserts that the boots found on the murdered man were a pair that he traded Welle for a pair of shoes. The man, John Welle, was last seen on the evening of November 6th or 7th, and then declared his intention of going to Williamsport on the stage the next morning. At this point all trace of Welle is lost. He claimed to have relatives at Williamsport. It has been positively shown that Welle had much money. His name is spelled on the books of the Tannery Company as above, but the Swedes pronounce it as if it was spelled Willey. It is certainly a most mysterious affair, and it has created quite a sensation here.
--PIKE MILLS, June 5, 1885.—I clip this paragraph from the Gazette of
your village:
“The body found in the mill pond at Pike Mills has been fully
identified as that of John Weller, a former employee at Gale’s tannery
of that place. Weller, it seems, was engaged in a brutal fight with
several others last fall, and was badly disfigured about the face and otherwise
injured. He kept in the house for some time, waiting for his bruises
to heal, and shortly afterwards drew, his pay (about $200) and prepared
to leave that section. He had not been heard of or seen since, until
his body was found in the mill pond. There was no money found upon
his person, and the theory seems clear that he was murdered for his money,
by some one who knew he had it.”
The above item in the Gazette has about as much misinformation
as could be well crowded into so short a space. In the first place,
although the man was probably John Welle, he had not been positively identified.
The fight in which he was engaged was nothing serious. He was not
much disfigured or otherwise injured. The entire amount of money
that he drew from W. & L. R. Gale was only $10.88. The County
Commissioners have offered a reward of $500 for the arrest and conviction
of the murderer.
April 6, 1886
Wellsboro Agitator
-A Shooting Affray at Nelson.
JOHN COLE LYING AT THE POINT OF DEATH FROM A PISTOL SHOT FIRED BY WILLIAM
EDWARD SMITH
Last Saturday evening a shooting affray occurred near Tompkins
Station about one half mile below Nelson by which Mr. John Cole, of Nelson,
may lose his life from a pistol shot wound inflicted by Mr. William Edward
Smith.
The particulars of the unfortunate affair, as near as they can
be ascertained, are about as follows. About 7:30 o’clock, Smith went
down to the station to get an evening paper. After the train had
gone he started towards home, and after going a few rods he met a woman
names Mrs. Jones, with whom he talked a few moments. He then started
on again, and before he had got out of hearing John Cole came up and inquired
of Mrs. Jones who that man was. She told him it was John Ball. He
said it wasn’t true, it was Ed Smith, and with an oath he ran over and
grabbed Smith by the throat and struck him in the face twice and said,
“What have you been lying about me for?” Smith then drew a revolver
with his left hand from his trousers pocket. Cole saw it and struck
Smith’s arm and the pistol was discharged in the air.
The two men then clenched, and as they came together Smith passed
his left arm under Cole’s right arm, and with the self cocking revolver
in that hand he pulled the trigger. The bullet entered Cole’s back
just under the shoulder blade, penetrated the left lung and glanced downward
from the breastbone and lodged.
Cole exclaimed, “Hold on, Ed!” He staggered and ran about
thirty rods toward the railroad, into the darkness calling for help.
He made his way to the house of Henry Ball, and Dr. Lincoln, of Nelson,
was sent for. The physician says that Cole’s wound is a dangerous
one and the chances are very much against his recovery.
Smith went home where he was arrested by Constable Goodrich about
2 o’clock Sunday morning. After a hearing Smith was brought to this
borough and lodged in jail yesterday. Smith is about 32 years of
age. He has been at work in the lumber woods at Trout Run this past
winter, and returned home only a few weeks ago.
John Cole is a man of about thirty years. He has been at
work in the acid factory near Harrison Valley, and he returned to Nelson
on Saturday morning. His reputation is rather unsavory and he is
said to be a bully. It is also said that he had been drinking on
this particular evening. He has been in jail here several times on
charges of assault and battery, and he now carries a bullet in his person
which was put there by Constable Caton, of Lawrenceville, some years ago
while attempting to arrest him.
It is stated by some men that there was a woman in the case,
and that it was this that led to the shooting.
April 13, 1886
Wellsboro Agitator
Mr. John Coles, who was shot last Saturday is still alive, but cannot
speak aloud.
April 20, 1886
Wellsboro Advertiser
Last night Mr. John Cole, the man who was recently shot by Smith at
Nelson, died from his wound.
April 26, 1886
Wellsboro Agitator
After the death of John Cole, who was recently shot by William E. Smith
at Nelson, the physicians held an autopsy, but the bullet was not found.
The funeral was held at the Presbyterian Church in Nelson on Wednesday.
August 31, 1886
Wellsboro Agitator
A Murder Trial.
WILLIAM M. SMITH ACQUITTED BY THE JURY-THE STORY OF THE HOMICIDE AS
TOLD BY THE WITNESSES.
The case of the Commonwealth against William M. Smith, otherwise
known as Ed Smith, charged with the murder of John Cole, was called for
trial on Tuesday. The Commonwealth was represented by the District
Attorney, assisted by Sherwood & Son and Foote & Channell.
The defense was represented by Elliott & Watrous, John S. Ryon, and
Norman H. Ryan.
By Tuesday evening, after exhausting the panel, the following
jurymen were selected to try the case:
George Maynard, farmer, Elk
Ellis J. English, merchant, Charleston
Benjamin Jones, farmer, Sullivan
James Kniff, merchant, Covington borough
Lewis P. Hastings, farmer, Delmar
Thaddeus Mitchell, farmer, Jackson
David J. Davis, farmer, Covington
Moot P. Rose, merchant, Mainesburg
Fremont Rose, farmer, Sullivan
George Ludlam, farmer, Charleston
Zina Woodhouse, farmer, Lawrence
Ira H. Mowrey, farmer, Farmington
On Wednesday morning after a brief opening by the District Attorney,
witnesses were called to testify.
Helen J. Jones was first called and stated that she lived at
Tompkins’s switch in Lawrence Township and she testified as follows:
I remember the night John Coles was shot. He was shot April 3rd last.
I heard three shots fired, the first two much nearer together the last.
I was standing on the railroad crossing at the time. It was not far
from dark. I had been to Mrs. Eastman’s that evening and was on my
way home, carrying a load of apples. I met Ed Smith, the defendant,
near Ball’s barn, and shortly after I met John Cole at the railroad crossing.
Ed Smith, when I met him, was in the road going towards home. I spoke
to him and asked him about my Sunday paper. He said he had the paper
and would take it home with him that night and read it and return it next
day. When I met Cole at the crossing he asked me who I had just met.
I said John Ball. As the last shot was fired I saw the forms of two
men. Cole was coming down the road towards our house, calling for
help and to Smith saying he had shot him bad and he wanted him to go and
get a doctor. Smith made reply that he was so “damned mad”, that
if he came down there where he was he would finish him. Cole came
down opposite our house and hallooed for me and for Henry Ball. Cole
called out to me, “Joe, Joe, come out and help me! I am shot!”
I next saw Cole at Ball’s house on a bed. He was spitting blood.
Dr. Lincoln came in after about two hours and examined him. Cole
lived two weeks and two days, dying on the 19th of April, about 10:30 o’clock
in the evening. I was at the house when he died.
On cross-examination, the witness said, “Mr. Cole was at my house,
out in the yard, when I left. He was putting on his coat and vest,
and started for home. I told Cole, down at the switch, that it was
Ball that I had just met, because I knew there was hardness between the
two men and I did not want them to get together.”
Charles B. Goodrich, sworn, I live at Nelson. I am a Justice
of the Peace. Ed Smith was brought before me on Monday morning, April
5th. The charge was assault and battery with intent to kill.
Smith pleaded guilty to the shooting, but not to intent to kill.
Mrs. Henry Ball sworn. I live at Tompkins’ station.
The night of the shooting John Cole came to my house about 8:30 o’clock.
I heard one report of a pistol it came from the northeast. About
15 minuets after the shooting Cole came to my house. He took off
his coat and vest and sat in a chair, shortly after he asked to lie down,
and did so. Dr. Lincoln came in about 9:30 p.m. Cole remained
at my house till he died on the 19th of April.
Henry Ball, husband of the foregoing witness, testified substantially
to the same facts as his wife.
Dr. Samuel W. Lincoln was the next witness. I live at Nelson.
I was called upon to visit John Cole on April 3rd at the house of Henry
Ball. I found Cole half-reclining on a bed. I examined him
and found a gun shot wound in his back, just below the shoulder blade and
about half an inch from the backbone. The wound was the cause of
his death in my judgment. I visited him till April 11th, making eight
visits, the last time I saw him was on the 18th of April.
Dr. W. R. Francis, of Knoxville, the Coroner of the county was
then called, and he gave a minute and extended account of the post mortem
examination. Dr. A. M. Loop, of Nelson, who was present at the time
of the autopsy, was also examined and corroborated Dr. Francis’s testimony.
Constable H. D. Goodrich, who arrested the defendant, was sworn
as to taking from him the bulldog revolver, which was exhibited in court.
Almon Morgan was sworn as to measurements and distance in controversy.
Sheriff J. H. Ferris was called and identified the revolver as
the one given him by Constable Goodrich when Smith was placed in his custody.
Mrs. Martha Cole, mother of the deceased, testified that her
son was 32 years of age when he was shot, and that he was naturally a healthy
young man.
Almon Morgan testified as follows: I know the defendant.
I have known him for six years. Last fall I had a conversation with
Smith about Cole. Smith said he was not afraid of John Cole in no
spot or place, that he had a little “bulldog” in his pocket that would
take care of him. He further said if John Cole ever crossed his path
he would put a bullet through him.
Henry E. Rice sworn. I live at Nelson. I am acquainted
with the defendant. Last March, at Merritt’s store at Nelson, I heard
him say that if John Cole crossed his path he would put a bullet through
him and he furthered said, “Yes by-and I carry the tools to do it with”.
G. F. Eaton and J. R. Eaton, who were in the store at the time, substantially
corroborated Mr. Rice’s testimony.
William H. Briggs, a young boy, testified to hearing Smith say
he had offered to fight Cole and could whip him if not one way he could
another. The boy further said that in a conversation with John Cole’s
sister, she had told him that there was a man in Nelson who said her brother
ought to have been shot long before he was.
Francis Schoonover testified to being at the Ball residence and
shortly after Cole was shot and he heard Dr. Lincoln tell Mr. Cole that
could live but a short time.
Justice Goodrich then testified that he wrote out the following
dying declaration of Mr. Cole, which was read to the jury.
State of Pennsylvania, Tioga County. Information of John
Cole, of Lawrence Township, April 4th A. D. 1886. I overtook Ed Smith
in the road, asked him what he had been telling about me. He said
he would show me and pulled out a revolver and fired at me. I tried
to take the revolver away from him, and hit him. He reached around
me and fired again and missed me. Then I asked him to get a doctor
for he had shot me and he had hurt me bad, and I tried to coax him.
He replied, “I am so mad I shall kill you if I come near you.” Witness:
Dr. S. W. Lincoln. Signed, John Cole (his mark with an X).
Sworn and subscribed before me this 4th day of April, A. D. 1886. Signed
O. R. Goodrich, J. P.
The defense opened on Thursday afternoon, J. S. Ryon making the
opening address. The first important witness called was Hattie Jones,
a little daughter of Helen Jones, who testified for the prosecution.
Hattie said John Cole was at our house all day the 3rd of April.
In the evening I was milking down at our barn when Ed Smith came along
and wanted to know if my mamma was in the house. I told him that
John Cole was in the house, and that he had better not go in as John was
going to lick him. Ed then went back and did not go into the house,
but went on toward the railroad.
Isaac Smith testified. I am father of the defendant.
I live about one half mile from Tompkins’s switch. My son had been
living with me for about a year prior to April 3rd. My wife and wife’s
mother were in the room when my son came in about 8 o’clock the night of
the 3rd. He had several bruises upon his head, his left eye was black,
and there were marks of fingers on his throat. Ed went to bed about
the usual time. Sometime in the night about 2 o’clock, Constable
Goodrich came to the house and arrested him.
Mrs. Isaac Smith, mother of the defendant, and Miss Ellie Smith,
sister of the defendant, substantially corroborated the foregoing testimony
regarding the appearance of the defendant when he came home that night,
as to the marks upon his head and throat. Several other witnesses
were called upon the same subject.
Ed Smith, the defendant, was then called and testified as follows:
I was living at my father’s. I was at the barn of Mrs. Jones and
saw Hattie Jones. She said John Cole was in the house, had been drinking,
and would kill me if he met me that night. After this I went to Tompkins’s
switch and met a number of acquaintances. I was there about fifteen
minutes till after the train cam in. I then started home. On
my way I met Mrs. Jones, close to the barn, in the public highway.
I had a conversation with her and then started on home. I walked
along till I saw that Cole was coming after me and was going to catch me,
when I began to run. Cole caught me nearly opposite the Holton bars.
He grabbed me by the throat with his left hand saying, “What lies have
you been telling about me?” Before I could answer he had shut my
wind off. He chocked me so I could not speak or breath. He then said,
“I ought to hit you”, and he then hauled off and struck me twice on the
head. I then drew my revolver. I had it in my front pants pocket,
he struck my arm, and the revolver went off. Then he struck me again
on the back of the head, my head being drawn down to his left breast, and
in that position he was punching my head and was still holding me by the
throat, taking my wind away. I then put my hand under his arm and
placed my hand with the revolver in it around his back and pulled off the
revolver. He then threw me from him and I landed back against the
fence. When I got so I could do anything he was way down at the railroad
crossing calling for Mrs. Jones. I made no effort to touch him till
he took me by the throat. After he once took me by the throat he
never let up till after he threw me back against the fence. Cole was six
feet four inches in height and weighed 210 pounds. He was able to
handle two such men as I am. He was a very strong man.
The defense then called to the stand several witnesses who testified
to certain threats they heard John Cole make against Ed Smith shortly before
the shooting. The commonwealth’s counsel sought to exclude this testimony
on the ground that the threats had never been brought to the defendant’s
knowledge, but the Court admitted the testimony on the ground that it threw
light upon the question of who began or who sought the encounter.
The defense then called to the stand a long list of witnesses
who testified as to the relative size and strength of the two men and as
to the respective reputations of the men for being peaceable, law-abiding
citizens. The witnesses all testified to the superior strength of
John Cole over Ed Smith and that John Cole was a quarrelsome fighting character
and that Ed Smith’s reputation was good. The following witnesses
testified to the above viz: Constable Canton, Robert Stewart, Mr. Thomas,
William Merritt, Prof. M. F. Cass, Charles Robinson, D. L. Power, G. T.
Losey, Henry Harrison, S. O. Daggett, Fred Lindsley, Lafayette Bailey,
Albert Gee, Hope Hazlett, Perry Dailey, and Alva Baxter.
The argument of the case was entered upon Friday afternoon.
The opening was made by Hon. H. M. Foote on behalf of the Commonwealth.
Hon. N. H. Ryon followed in behalf of the defendant. The two gentlemen
occupied about three hours in the discussion of the case.
Saturday morning was occupied by further argument of the case.
Hon M. F. Elliott leading in behalf of the defense, followed in the closing
argument for the Commonwealth by Hon. Henry Sherwood.
At two o’clock in the afternoon Judge Williams charged the jury
in his clear and forcible style. He began explaining the law relating
to murder, defining and illustrating the several degrees and detailing
the law relating to self-defense. He then went briefly over the evidence
and theory of each side of the case, calling the jury’s attention specially
to the encounter of the two men, and each man’s version of what transpired
at that time. He said that if they jury believed the statement that
had been made by the deceased, there were present in the case all the elements
which constitute murder in the first degree. This was contrary to
what the Commonwealth’s attorneys had claimed in this respect, they having
opened their argument by announcing nothing upon which they could ask for
a verdict of murder in the first degree. The Court further charged
that if the jurors believed the testimony of the defendant they would be
justified in acquitting him.
The jurors retired to their room about three o’clock, and at
about eight o’clock that evening they returned a verdict of not guilty.
Before discharging the prisoner the Court cautioned him as to the avail
of carrying firearms and expressed the hope that this lesson would not
soon be forgotten.
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