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Montrose Democrat (Newspaper) - January 18, 1871, Montrose, PennsylvaniaThe Montrose Democrat e. B. Ha.wle7, , pa., wednesday Jan. 18, 1871. Volume xxviii number 3. In ii amp Sard. W. V. Wat vol. Law of Chi to tar a Watson. Attorney it or. It the old of Floc of Bentley a Fitch. Montroe a. Of tick. A a. It 71.� Charles n. Stoddard Del of in Boot wed Sbol eat and up. Luw and plus done. Main Street it door below Boyd a stonework made us order. Of rep Irto Jde re a Autv if Ofstrom. Jan. To 1870. Littles a Blakeslee attorney and councilor at Law. Of Floc the on Berk to fore occupied by . A g. P. Luule. On Maln Street. To Pirow Piu a a s. Umi. 00. T. Little april 0. Real cola. D. If Kesra. C. A fact i w. N. Mccay. Mcfie Zib Faurot to co. Dealer in dry Good. Clothing ladle of my it shoe. Vito agent or the great american to and Coffee company. Montrose a. In w. Lewis Knoll Bra Vino and Itata does Steno. A Ftp 1 to a a Poaton Fulce Bill Talos a hero it jul we toed ready be attend All who May want any Henf a a a a Onuosa oct. 11, u0. Skull a. R. Reynolds Binghamton murder. Bdl top. Trial prisoner. The following report ire Cap from the Bingham Toa Republican of january 5th, 1871. The prisoner was brought into court some time before the arrival of his counsel Odd took his seat at the table alone. District attorney and or Seymour came in and took their seats in the bar. At 9. 15, or. Becker came in the bar accompanied by sex congressman Charles l. Beals of Hudson who bad come to assist in the defence by request of or. Beach the counsel first engaged. Or. Newell d. Whitney esq., is also associated with the defence. When the prisoner came into court he appeared perfectly Calm but his face wore the very ugly and stubborn expression that it did during to investigation before Stu dry of Odd us ��tduatn�?.1� a Radom All order. Rac Clra prompt attest Lea. Oct. To 18��?t� o. M. Hawley dealer la but goods groceries. Crockert. Hardware. Hat Cap. Boot shoe. Read mad cloth Law. Mata Olu �tc., new Hulburd a. Sept. A a amp or. S. If. Dayton Fht Piclas a Iqba quod to coders i Parr jct to a lilt by of great find and at him dese. Quot a a Quot sept. It my dese oppo Alt Barsom route qut. Bead tillage.1s9.-u Law office. Chaw run a Mcco Ixam. Attorney and Odd Milan at us. Offlee nth Brick blog a Otto the Staak. Mest roae Ang. 4. Is a is injun. A a j. B. My Ceuta. A a d. R. Lati drop Deletts in dry goods. Groceries. Tara Ezcry Adu of twa and Pekrt act la to. Palat. A do. Yeat Naff. 11 to. Hit and by a. A role wll if perfumery fee. Brtek work. Do a a a lag the bask. Rostrow a. Too to ii. 1�?o�-rf a. Amor a a i. R. A us or a. O. Warren attorney a. Law. Bounty. Luek . From Oil Aad Ere or it to claim a to coiled to. Offer b car he Low Boyd t store. . An. 1, �?T19 n. C. Sly ton auctioneer Aad insurance agent a a it of frrie�4vll�e, a. C. 8, Gilbert a a. Vauoti Odnoor at Mai Oreal Bend a. Anti Ely a b. Vauoti Odnoor. A. I 19. Add., to Roslyn. A. John Groves or Monon a. A a hip of i Chandler a store. A no err fill. It i in al re to to Tyl we thug done on Hort notice. And we routed to by. W. W. Smith Cabinet and Chai it mania acid Kris re a of ral Aftret a Winrote a. Jan. I 19c9. U. Birkitt dealer is staph a of fancy or a Cdr. Or a i hardware. Iren. Rupee dry a. la Ltd How Suaad Ahoe a to a Cap. Fur. Buffa a he. . Cd. New Milford. I a the Coroner. As the drawing of jurors commenced the clerk told him to stand up according to the usual form and stated to him the jurors would be drawn to pass upon his life and it was his privilege to offer objections to them. After that he appeared to be a Good Deal agitated Aad during the examination of jurors consulted frequently with his counsel and especially with or. Beal who sat next to him. At eleven of clock judge Boardman came into the room and took his seat on the Bench beside the presiding Justice. When Mulloff recon United the Able counsel who had successfully defended him on a previous trial for murder a familiar smile lit up Bis countenance. The following jurors were accepted during the morning session of court Hiram Mosher City of Bing Huolun. Emory Trusdell town of Binghamton. John c. Rook City of Binghamton. George Conor. Lisle. Henry King Barker. Or. Becker examined the Jar hrs very clo Lyas to Wlms newspapers they read and whether they read Uny of the editorial comments on the evidence. On two occasions he was interrupted by the judge Hangi Boom who told him that 111 i this age and ill this Community lie would scarcely liable to find a Man of intelligence who did not read the newspapers and was not informed about common occasions. Or. Becker did however find few who did not read a county paper i less it was borrowed and he actually found two who did not read one at All. Those men were nil excused from serving on the jury either by the judge or by or. Becker. From that it would appear that ignorance is not to be Coati Daivd the Best qualification for jurors to serve on East s where intelligent men should be selected. I this afternoon the following were accepted As jurors making Fen in ail i sub a Hayes Triangle. I Eben lhawkins Windsor. John b. Perry Sanford. Edgar 0. Smith Windsor. Franklin Plunkett Windsor. Called for help and Mirick left to meet them i Alto left be Man and vent to the Bead of the stairs one Man came no and Mirick clinched him the other stopped on the stairs Send shot at me three times the last time some splinters flew in my face and i stepped Bock and went to go around the railing and go where Mirick was when 1 got in sight of Mirick i saw one Man hold him and the other shoot him 1 stood still behind the railing and the Bur Tara went oat by the Way of the Back stairs when they bad gone 1 went out past Mirick by the front Way and gave the alarm i went Over to the american hotel where i saw or. Clark and a or. Whitney the american hotel is eight rods from the store with these two men i went Down water Street the second time when we got where we could see the Back end of the Extension there we saw two or More men coming out or. Clark went away to Call the police i stood there a Little while and then went Down on the Chenango River Bridge and looked of the River i saw no one no the River in about 80 min atm from the time i left the store i went Back looked around the store and saw where the burglars entered by the Bock d6or of the basement some men went Down stairs before 1 did i was excited when 1 went Back to tho store and did Little but answer questions a piece of panel had been bored out of the door and the door was a bolted apparently by putting a band through a Hole in the panel in the store Wera found some of a la faces shoes bits Etc. Then Kalloff s shoes were identified of those found in the store. Here Hull off arose and in a plea of some length objected to the evidence introduced by the District attorney As being irrelevant. He coup Luied that the District attorney had connected several arsons in the indictment for the murder and each defendant had to disentangle himself from a general and sweeping charge. Evidence be said is relevant or irrelevant Only 03 it is brought non the prisoner. Every circumstance offered in Eri Deuce must be offered in connection with a particular circumstance connected with the acis of the prisoner on trial. Or. Seymour said the prisoner would be connected with the bit the shoes and every thing left behind in the store when the burglars fled. Mulloff wished to further discuss i objections to the evidence but the judge decided not to hear them discussed guv a a j further Tymn the exigencies for the Dis etis Siou arose. If the prosecution gave a Prima facies evidence that you were there he said addressing Mulloff then they May connect you with other circumstances tile it Osses Sion of those instruments your acquaintances. The men found in tho River and your leaving new York with them the knowledge on your part of the burglary and murder. If you were not connected by the evidence with the transactions at the store then Lue evidence on the shoe May be excluded. Examination resumed. The door could be unbolted from the i had a tussle with and also that Yon Boll off answered to tho Imp twin 1 had of the third person i did not say i could not Gire a description of the third Man i have never Bain i could not recognize his features. Mulloff asked if there was a Good Light. Barrows answered a you know what the Light was there was Only Oue Burner when this answer was Given there was great applause and uproar in the audience. Evidence resumed i have not declined to give descriptions of any of the persons before the bodies had been taken oat i had said but very Little about it i described the clothes of the Small burglar the Large burglar and yourself. A not remember that anybody nudged me 1 till they entered it when i burst heard do not know that have made any state the granting noise i got up7 and remained ment to Virgil Whitney and or. Clark j no the rest of the morning varying from my testimony i did not say testimony of lbs. Lottie to my knowledge to anybody that i left mrs. Lottie Robinson testified i reside the store by the Baak door in Binghamton in the Bennet Block it answers to questions by or. Becker i fronts on Washington Street my room is the of Istir it the store lasted about then a in tho rear i can look Over on to water to to intes to the Best of my judgment j Street from my window i recollect the 111 about two minutes from the time the morning of the murder i was awoke by pistol was fired the burglars ran Down the cry of murder got up and looked or. K. P. Hixe9,mfg Abfalt located St Frico it i al he of x up a Quot a a a pc Poprac Teclof Medicine and org by in 11 it i of Cit cd amp a Qia Klug poc Medicine and org by in ill it i Mere. He a he lib Jack Tou to Lotus. A a boar from a a to. Outside after the pieces were taken ont t ,. J when i came Back into the store Miric jail 11 by 6.h�?the following two and fast bldg of the a a uni Oil jurors were added to the number by in eau be he died Oburt 30 i. Text maid res of two flu it f hats nol Rex in i. The panel com ofic Riead title. A. Ang 1. It bold dec Brown Rex and link i is Iwanck act ants al Abs la re a hended Loare mpoy. Fun re or term. Onice Oral door no Erlb of 1 Milroe vol cd Eldro a Abl Lavenne Montroes a. Anc 1.1��. Siu id it to on cd Xvi l. By it a own. D. Lusk at Tonev at Law a Notree. Pm. . A of of Oppa. A Lievy ctr Roll Quot a Iloa a a. Ner lae Coors Uoo be. Am it a ass a if _ or. W. W. 8biith, do twist. Over a did a Watn store. Of fire 9 a. In Ink Ana. 1. Abel Terrell in Drac. Into al meld no. By Auto a a a Tore. Plinto Isaac Heath of Coleville. John w. Travis of Teuton. District attorney Peter w. Hopkins then open the Case for the people. When the District attorney had finished his opening court adjourned for the Day. Rolloff conducted the examination of witnesses for the defense and endeavoured to break Down the Tusti Mooy of Young. Burrows the striving Cornin a turd a companion of the murdered Mirick. In n. this he was very unsuccessful for Burrows. _ i As will be seen from his testimony again proved equal to the task of self defence. Testimony of Gilbert s. By blows. Gilbert 8. Burrows testified As follows1 minutes after that there was a Bullet wound on he bark part of Bis head when the Ball was taken out it was in several pieces 1 saw it taken out there was blood about the store on the counter where Mirick on farther Cross examination the witness proceeded to give a description of the burglars found in the River and also the third burglar there was Oue gaslight burning in the office and the room was Light a nought to recognise any person i was acquainted with the Large face Gray whiskers the size and general impression left of the third Man is what 1 recognize Yon by 1 was excited at the time and my impression May Hare been slightly erroneous i probably was not As self possessed As i am now when i came out of the store and saw Clark and Whitney i asked them to go Over to the store because Mirick had been killed they told to to shut no and nut arouse the neighbourhood about so Small a matter i had but Little to say to them after that when we awoke the burglars were within six feet of the bed after the pistol was a tipped two of the burglars ran Down Atavis and the other advanced nud struck me with a chisel the bar glues Rea Down stairs the first time without attacking. After Mirick snapped his pistol the burglar struck me Over the head 1 Clincle him and threw him Down he fell about eight feet from the bed Mirick kept the pistol under his Pillow. Mulloff asked Why the pistol was kept in the store and when objection was raised to the question by the District attorney he said be wanted to show the wicked character of the boys. Or. A cols said they wanted to show that these Young men used unlawful violence toward the drowned burglars denying that they had a right to use Only violence enough to arrest and secure him. Mulloff said he wanted to show that they intended to make a reckless and Wanton use of the pistol. The judge ruled that As none of the Bur stairs we were engaged from five to ten minutes with Davenport they went Down stairs and come right Back Merrick and the first burglar that came no scuffled from five to ten minutes before the second burglar came up it was Twenty minutes after the Secour burglar came up before they went out when the burglar shot at me As he was half Way. Down the stairs after they shot Mir Eck one of them said a come on we have done enough a and both went Down stairs when started to come Down stairs they offered no violence to me and took no goods with them 1 went ont to give the alarm i then went up Wales Street till 1 could see the Back end of the store i went with Clark up water Street and we saw two men coming ont of the Back end of the store Bave no recollection whether there was a Moon or not i could see the Man with a White coat on very distinctly i went on the Bridge before i dressed myself i did not see where the men that came ont of the Extension went to j i did not hear the fire Bell cannot Tell who entered the store with me they were strangers to me the first Man who came into the store that i knew was Cyrus Stockwell i knew the chief of police when he came think or. Bombam was there i was taken no to or. E. M. Halbert i went Home soon after and Felt Well i was talked to a great Deal about the affair i have boarded with mrs. Frinks since i returned Charles Burlo and Charles Judson also boarded there i Bave said to them that i could not pos timely identify the prisoner i can inane tiny him Only by his general appearance i looked Over a portion of my evidence last week with or. Seymour and the District attorney and is shown the testimony give by him before the Coroner As published in the daily Republic a aun said it was substantially Correct with one exception and that was where be re ported As saying it was quite dark in the j room and he could Only see the form of i the Man or. Seymour and the District _ _ _ _ a attorney did not say to him that it was j and dispatching them in different St iils port Ait to identify Mulloff As tho Mur. _. I do not know when i went to Halberts Bouse 1 saw Burrow son the Street he told me what had occurred the Satchel was handed to me by Henry Simuntis the murder took place in the 17th of August tho next sunday he told me that in had found the Satchel i brought it to my office it has been there Ever since a the remainder of the Cross examination of this witness elicited no now facts re direct he was asked to sit in tho choir and have his photograph taken to defied them to take his photograph no More Force was used than was necessary i first saw the shoe3 on the morning cd the murder they were in the store or. Brigham took charge of them the sheriff Deputy sheriff and myself were pres ent when the shoes were tried on the prisoner tho shoes look the same Astrov did when i first saw them they Navo been in the charge of the sheriff. Captain Henry Hedden testified to finding burglars tools in a lofts room in a new York City which was objected to and tho objections sustained. At mrs. Grahams 75 Carmine sir. T was found a Book the Book exhibited in the prisoners handwriting. A motion was Mado to strike out ail a relation to the contents of this room in new York As irrelevant. The motion was refused by the court on account of the relation of tho prisoner with the other burglars As shown by papers and writings. La he evidence in regard to the burglar s tools and the evid Euco not relative to the Cuse were ruled ont evidence the desk at 170 third Avenue the newspaper strips were found the Valise was not found in inc desk it was my property and was used by me merely As As a package to bring the articles Here in. The bits found on the burglars and those found in the desk fit the same bit Stock the Shanks of bits Are made Beveline so that they will fit any Stock. A mortgage of some property m it Rooklyn give by Albert Jarvis under the name of William t. Dexter and John n. Dexter and witnessed by Buloff and a claim by the widow of James flagger 1 against the Erie railway assigned to i. J. Curtis also drawn by Buloti were offered by the District attorney to prove tin intimacy Between Buloff and Jarvis alias Curtis the def Tico objected to the evidence out of the window and saw two men go no water Street and than go Back again i then saw a Man on the Flats he was coming in a South eastward la direction towards the Wall of the new building in course of erection i saw him coming slowly and directly which excited my curiosity to watch him he stopped by Oue of the dividing Walls of the building and was out of my sight for a second when i saw him again be then walked on a Little further and was hidden from my View the Man i saw had on Light clothes i could not Tell whether it was a duster he had on or not i know that he wore Light clothes i could not recognize him there was a Light in my room it was a Fine dear Moonlight night. Testimony of chief of Polk e of Lynx. James Flynn testified i am a resident of Binghamton and chief of police 1 was in the City on the night of the 16th lodged it the american hotel on that night or. Clark clerk of the hotel came to Call me i was then partly dressed went immediately to Halberts store went in i saw or. Merrick on the floor smelt Gunpowder or. Merreck was not quite dead he was breathing hard i then went ont and some one told me that the burglars had crossed the River i went to or. Browns and Tol Liim to ring the fire Bell and went to the sheriffs House and got him up i proceeded to Halbert Brothers store and got As Many men to j Gether As i could and went across the i River and made a search 1 did not Dis-1 cover anything or any Trace of the Bnrg-1 Lars i then went Back to the store and looked around i could see the Marks of j ballets and blood upon the floor the blood seemed to me As if some one was dragged non the floor i then went no stairs and saw the cold chisel shown by or. Hopkins in court and Box opener i examined the windows and saw the pieces Cut ont i took notice that a person could put their band through the Hole. And Nebolt the shatters i done All i j because it was testimony against the oth could that Day in getting men together or persons named in the indictment and a not against the prisoner. Kuloff made an Derer have sometimes been mistaken _ about recognizing a Ler sous before i came a squad that i placed it the. Here i was a clerk in my lither a store in j crossing of court Street _ glues were there to How that they use a Stephenville a am 19 years Ola now j prisoner the next morning u Sac i unlawful violence or a reckless use of a slept in Halbert s store from the time 11 shown the witness it was delivered the pistol the question could not to in a came until the murder occurred Merreck j by one Simona believe it silted upon. J a my there one week before i came sunday after the murder. Evidence resumed i asked Mirick when 1 went ont of the store there was a a what the use was of keeping the pistol blood on my hands and shirt bosom a a have been engaged in Little fights always intend to Hoe my Row a did not disturb to make search in different places 1 san argument of some length to explain its toned squads of men in every direction irrelevancy. To show what his under his bed he said there was no use of keeping it Rii Ora As Lioy might not. Want to use it once in a Hundred years i testified before Tbs Coroner that i had the burglar foul be could nut get away from me without help 1 intended to fix him so he would be there till morning i testified that Mirick came Over to help me dispatch him we expected to keep him there if the others staid away but if they did we would fix him so we would be a one demonstrations of Applonie. When Mirick came Over to my assays sauce he struck the burglar i had Down in the face with not much before i went out of the store re direct. The remains of or Merreck were taken Home by or. Halbert or Agard and others. Testimony of pc dub Boardman. Hon Douglass Boardman testified As. Follows i reside at Ithaca have resided a pieces Cut out of them corresponding there 25 years was formerly acquainted to l 1 will Edward a a. Mulloff know his hand 0df�?� desk a ? _ writing the witness Wil shown sped a the court decided that the meds of writing which he believed to be i w1�?o0dm, Rul lofts handwriting consisting of evidence resumed i found in the Marks on scraps of paper receipts a for Llue new we limes rent Short band charts letters Etc. I Quot Quot Quot Quot Quot or. Beals objected to judge Boardman a evidence for the reason he obtained a i Erie railway j in new York was he held up tho inane brought Iii. Script Book found at the House of mrs. Al was i Graham and claimed that five Hundred to me a Ordinary men in ten years could not Pru was the next j Dice such a Book. The objection wus. Overruled because the counsel for the prisoner made the Quot. The conspiracy Between the burglars and same objection to this evidence that had a murderers could nut be established by been taken before when similar evidence 1 any positive and direct eve Idelet. The eve was introduced. A Deuce offered by the prosecution was the judge said the court would have j ruled to to proper at the time and until to feel its was for a while and find out. The evidence proceeded further and its the relevancy of the evidence. If Irr ele relevancy or irrelevancy could be Dotur ant it would be stricken out. The District attorney said he wanted to How that the papers found in the Sachel. Car inless a Rouher win a Ltd Glt wire w�1i and window i a. _ _ per Stone Ware . Dachiu by on. I no from Stephen Vilie a. Am 18 years so a old now re site in Binghamton am in win one or the Mui Nora Roux. A end a a. Brothers employ \ was in their Ito Ellow of of Odd la . Co. Alberu Ore dry face with a Stool top at was shot and also 011 the floor where his i that time we were in danger of loosing Bead Lav there was also blood 011 the our lives from those men coming Back floor dropped along Between the Box Mirick had no sooner struck this Man where i Hud the burglar Down and the than the others came Back i struck him j knowledge of she prisoners handwriting Middle of the store some distance toward. With a chisel before ii Rick came Hack 1 j b time when he was employed As coun the front the diagram identify the Man i struck him but once 1 wrenched the t0 defend him and in that capacity that i had Down i do not know that i i chisel away from him and struck him Ashe court decided that they must prove could recognize the Man Mirick bad 1 soon As Mirick came Back we heard the i that act Down i sap the one that shot Mirick i other men coming Back before we i Cross examined have Beer a judge since the Naglit of the murder that Man j struck the burglar we had Down when give Upari alld Over Yor Twenty years and is Mulloff when i saw the Roan on the we struck the burglar we had Down the j before that i was a practising lawyer Street it left an impression the size and others were out of sight Thoy return edit Ithaca i have been counsel for the de general appear Luce correspond when i j in half a minute after they went Down j fend Ailt i had knowledge of his hand first saw Mulloff in jail i thought so and a stairs i said let us make Short work of j writing by other Means than by Corres said so the Man Flint had Mirick Down 1 him i do not know that we should have. Pond enc Between him and myself in the of july 18, and a copy of Binghamton Republican of August 15 the Sugiu a was not locked there had been pieces Cut of the a times a two columns Are gone from the first Page and a Coin in 11 and less than a third of a column from mined. 1 the defendant excepted to the ruling of the other papers re co quiz d by i lie witness of having been i baud in lie desk were offered 111 to i Den and objected to by tho defence officer Wiley assisted the witness in pre Noraig the articles from the desk and was instructed to bring them to the District attorney. T am employee at .111 annual tar and was not employ cd particularly in this Case or. Riley is my j assistant and is also employed at a salary our labors Are not confined to nea a a to Sll a is is ims. A Loniro or. D. W. Attorney at Law. Office Over the slope it a. A Krof it u the Brick Block most rec is. I�"1 a or. W. L. Richardson Fht Liclan it Norg bin. Tender i drove a Lor mryc to Ells re of Uoo iroc of Flat Tuci a slate amp be on the Corner it of it a a bran rms of. Los or. K l. Gardner Natl clip end burgeon. Vontrot. Pm. A it a a Mictl to dlr be 0/ the Beart and us and 11 sary Cal 41�e�ea. Of lace Over w in. Safi. A bail at of test cd hotel. Log i. Iss. Bgbn8 a Nichols of tax Abi la Dray. Medicine. Chemical. Pm ctr fat. Palau. Oil a Roth a nor. Picc f�oc7 or mail Elotsa perfumery and toilet a of Trio. Flt prescription carefully Serle l Loiel. Xon wrote re a. A. By Rwy As. 1,18c9. Axon Kichia goods merchants on court Street North Side the store ii Sii rods from Chenango River on the East of the River the store is six rods from water Street water Street is East of the store during the month of August there was an Extension being erected directly in rear of the store running North 100 feet before Yon get to the Extension the store is 85 feet deep and 35 feet wide the basement Walls run even with the basement of the store and main Walls were no five feet a livery stable stands directly North of the Extension i was clerk in the store in August Agard King Bliss Mirick Pratt and witness employed is clerks in August Mirick and witness usually lodged in the store lodged there the night of the 16tb of August a diagram of the store was shown the witness and he pronounced it i Correct entering the store from court Street there were counters on each Side in front of the Hack stairs is the office we Csc Gas fur Light in the office on the night of the Lgth of August one Gas Burner was lit above the office immedi utely West of this there was a counter i also a Box with dry goods the Box was a foot Aud a half High the dry goods made a to a . Return i thank Forth kind a e. ,. V .1 a a 1 enabled Hamto pet the Best re tha a 1 pile three feet higher j the pile a Ltd about ii High the bed stood in the was wounded in the face the Marks were killed him Mirick struck him with both found near the bed where we slept there hands if the burglar Hud not struck me or. E. L. Handrick exr Asician a shoe on. ,.�� raft Cumal car race to the evil a Vicinity. It office i tue office of or. Lev a Bazat at j. No Ford a. Ang. 1.1�#. Spec Tyniw Lender i it sen of a left Ltd Roll Tav it Tom to to the whole tory. Hot com a i a it it a your War to at the old stand. No Load a tue h the shop. April 13,1870. H uht Brothers Scranton. A. Afeei Haftl a retail Dea Craic hardware Iron steel nails spikes shovels builder s hardware Mim Mait. a t bail Apiki mail Boad a Itsuso Hoe pleas. Cash Laott up Bixb. As leu. Skeins ax1 Mew Bolt son am a o Asi Ibbs. Plateo bands. Malleable Boss Hobs. Spokes. Pellets. Skat spindles. Borg a. Kkt a. Vices stocks mint Dies. Bellows Bat bus. Sledges. Files. A. A. Cou lab and Mill saws. Belting. Packing blocks. Play up Habip. 7qlabs.uutbkb.rank Bank s Scales a Faataa Sharef Carlm. U three fret High the bed stood North West Corner of the store i slept on the West Side of the bed Minck slept on the East Side at the North end of the store the Wall had been Token ont for the Extension and nothing but lath and plaster remained the basement dour was bolted with Iron bolts we retired about 10 of clock i tre Friye disturbed about % 1-2 wednesday morning the first 1 saw was three men Stu Diug at the fun t of the bed Mirick took his pistol and we both walk cd out of the bed together two of them ran Down stain Mirick went across the store and took some Stool Heads Aud threw them Down stairs at the retreating burglars the one that remained struck me on the head and 1 was insensible for a moment i recovered and threw him Down and Colt his chisel away from him Mir Rick came across to my assistance with a Stool top the two who had gone Down stain a tipped the amp Tea Ope we bad were some shoe strings around the necks of the men taken out of the River when we first saw the men in the store they had on false faces i saw their beards perfectly from under the sides of the masks the Beard of one of them was Gray when i first saw the prisoner after be was arrested he had Chin whiskers and they were quite Gray i saw one Man immediately after they were taken out of the water and saw them searched i recognized the smallest Man As tho one i had a Tussel with the Bine Cap found in the store was shown and recognized by the witness also a watch found on the largest bar Glare. Filloff Waguiu arose and objected to the evidence against other defendants being introduced in connection with himself. The jury men asked Mulloff How far one person would be responsible for the act of the others if two or three Perseus were there and All connected with the crime. Mulloff replied that it was a complicated subject and wished to explain it. The judge said the prosecution bad already promised to connect you by evidence with the Oiher persons and to show Yon Elliut Yon were actually at the store when the murder was committed. Or. Beals arose and presented facts urged by Mulloff in a Brief manner. The judge decided to take the evidence and Beu if it should appear in the Progress the trial that Mulloff was not actually there or concerned in the commission of the crime the evidence applying Only to other def eubants might be stricken out the defendant excepted to the ruling. Evidence resumed the Bat found in the store was shown the witness and recognized. The drawers where the Silks weep kept on the East Side of the store had been disturbed goods were taken Down and tied up with $ Pppe a one package had been parried out into the Extension about a Hundred feet from the Bpck door. seen the testimony published in the Daivy Republican there was a mistake in saying that i swore the Man who West Down stairs bad on boots i stand to a butt j swore to before the Coroner i said j recognised tree Rob and had gone Down stairs lie could have got away after he struck me and 1 clinched him be could not get away he called for help while we had him Down lie Pond enc Between him and myself relation of attorney and client i saw him write about matters not pertaining to his Case it was in the jail where i visited him is counsel. The handwriting of Mulloff slightly resembles the signatures of general spinner on United states Cir a. Of a Rennu Opinker on a Onieu suites Cir n,., had no Chance of escape after we had. An j greenbacks and May he easily e Fulton and a pm to. \ him Down we did not Tell him to submit i rec0gn�2ed i rating to have been w Nutten by William and after we got him Down we did not Cross examined the relation of actor a. Care whether be submitted or not when a and ppr Between myself and Rul the burglars came no stairs the second 0ff terminated about 12 years ago i have time Mirick met one and i met the other retired Only one letter from him since when they came no stairs the second time j Wear to his handwriting from my they did not attempt to steal property knowledge of it 12 years ago. The eight Page the Sachel and papers j Yerk much of or Kiley a time is spent have been in Ray Possession ave since they j in the service of the u. 1 were delivered to me there was no Mark. On the Sachel to indicate the name of the owner there were shirts and drawers in the Sachel the witness opened the Sachel and took ont a pair of drawers marked a a j. A. No. 3.�?� a Valise from new York was delivered to me at the Spaulding Monsein this City by a gentle Iran named Riley among the contents of the Valise delivered by Riley were papers burglar s tools books Aud a Large Quantity of letters and a Roll of Sciort hand writing two letters from my. Warren to James some silk had been removed before 1 do not know whether Mirick clinched his Man when they came up the stairs the second time or whether he clinched Mirick the Man 1 met at the stairs fired at me first no other Effort was made to injure no search was made for me i stood in Plain sight and do not know what become of him that Man was not one of i Hose who afterwards engaged with Mirick there was a scuffle Between Mirick and this Man after they came no stairs the second time when the splinters flew in my face i said 1 was shot and stepped around where Mirick was and when 1 got where 1 could see him the Man with a pistol had got to Mirick Aud was shooting him alter Mirick was shot one of them said a a come on put a and they run Down stairs and Ull that was said during the our Flint with the Burg a let s make Quick work of i j a a mme in. Pul we hire Rinno exceptions to judge Rul com s testimony was taken by the defence. Testimony of Osgoodby. Or. Osgood by testified that the marked c. Was a key to the paper marked p. Aud the Roll off papers were a key to the same system of Short hand. To said he was with some seven or eight systems of Short hand but bad never seen any with the same Alp Phalet of this. Or. Kolloff objected to the paper being brought no As to connect him with the burglar found drowned. He said that the papers might have been give some five years ago or five weeks before the murder it muttered nothing. Or. Hopkins said that lie intended to show that the paper found in tho drowned burglar s pocket was a key to the photography found in Rullits desk in new York and also intended to show when Mirick met his Man Liev. The burglars found drowned. Or. Mulloff appeared Kuther excited talked at considerable length As to the importance of this evidence but the evidence was allowed to proceed by the judge. Testimony of Hess Jessy Peitso if. Miss Jenny person testified As follows i reside in Binghamton in the Dickinson Block Over Halberts store on the third floor i was Home on the night of the 16th of August i heard a squeaking noise is if some one was Boring at something about half past one i also heard the pistol shots at about half past two and a Boise As if something falling Down the stairway i looked from my window and saw two men going from Halbert s tor toward to Era 1 watched them Lars was _ them a and a a come on a we Bave done. ,. A that the prisoner had Intercourse with enough. Moved ailing in a scuffle to the place where Mirick was shot he had the advantage of the Man and anti old have mustered him. But for tho third Man Mirick was 19 years of age and weighed nearly to have not Mude this subject a matter of conversation much since it occurred i was asked so Many questions about it that the matter became very disagreeable to me when i first saw Yon at the jail Yon asked if 1 was or. Burrows i said 1 was and you stretched up gff4 said a now judge Between Gomond Man up it it one a 4o Nof know that i looked at Yon old was it a jogs to recognize Yon nor anything to that effect tue Diamond Hole in the jail door is about four Nobes each Way Yon asked me if i Seog nixed Yon an Ltd i made a amp it reply 4� Davenport were shown to witness and recognized As papers taken from the Valise also a German Reader was recognized of one taken from the Sachel found in Binghamton i was present at the time when the bodies of the dead men were in the basement of the court Hoosoc where they were taken when carried away from the undertakers shop i was at the jail when the shoes were tried on the prisoner paper j shoes were exhibited those Are the ones a i saw his feet both shoes fitted Well there was a defect in the foot and the shoe for that foot just fitted it the introduction of the shoes As evidence was objected to by the defence. The argument was Tajc by Mulloff. The objection was overruled and the evidence accepted evidence resumed the Large too and one or two others were gone from the left foot the depression in the shoe corresponding to the deformed foot the prisoner had boots of when arrested he said he never wore shoes and never owned n pair he said lie always wore Cotton in his boots to fill up the place where the toe was off the Cotton cloth in his stocking was new and corresponded to a piece that was torn from his shirt he called my attention to the fact that the toes of his boots were alike lie pretended that the shoe did not fit his foot sheriff Brown assisted him and put tho shoo on easily enough tho Valise delivered by or. Biley was opened the Roll of slips taken from newspapers was in the Valise when it was Given to me the piece taken from a lofts desk in new York was fitted in the copy of the new York a a times in the Sachel found Irr Binghamton the article is entitled the a a a Missimi the night of tho murder was awakened by the cry of murder in the streets when i got to the 6tore there were Only two or three there Bur Reg was excited he had not dec cd vet was at no. 170 third Avenue Only once i sent or. Riley thiere several times. Testimony of Josei ii Fetter Titch. Joseph Fetterick testified i am attorney and counsellor at Kwh at 32 and 33 Pine Street new York the prisoner was at my office lust january he was there three or four times have seen we. T. Dexter and Charles g. Thompson Tvit-11883 was shown a photograph of a Man known is Thompson which was admitted to be a picture of Jarvis. 1 knew Ruloff by the name of e. C. Howard tho Dexter mortgage Given to Isabella Arm Strong was shown to witness who was Quot subscribing witness to it the mortgage was Given to secure the payment of 8500, on a piece of ground of Graham Street in a Brooklyn the loan was made by myself the Money had been placed in my hands by mrs. Armstrong to loan the payment on the mortgage was extended i three times How tel paid me for the last Extension. Cross examination am a lawyer have been five or six years i practice in the supreme and Superior courts do not practice in the tombs court yet 1 came Here in answer to a Yip Man. Testimony of w. In Wahren. In. 11. Warren testified As follows a reside in Cortland am a member of the Cortland county bar wa3 an attorney a there in 18c9 during the summer of 1869 i became Mcquai cited professionally a with a Man confined in jail for stealing Silks i was engaged to defend him by Ruloff he was there under the name it of James e. Dalton i did attend to the Case of Davenport Kuloff went in to the jail to see him while to Nav j Thero i Rode out with the prisoner be had on Low Patent leather shoes of the t description of those found in the store j Suppo Secl to have been worn by Ruloff my attention was called to the depress ii in the toe of ilium where the late pc toe c f of the foot was gone i was at the Broom county jail and saw tho prisoner he spoke to to to engage my services us a counsel hat i declined to defend him. T Cross examination the first Iii Quot of saw the defendant was in the Spring of 1870 he was there again in May i september 1 was introduced to him e if lawyer by the name of Dalton from new j York the Case was called in septet i c in. T Ruloff assisted me and made an Argil 1/ ment in favor of bringing the trial when tho District attorney made i motion to postpone it the Case was i Pond a util january when a Ven b a was discharged there was so cuts in 11. O

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