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- [S1721] Public Member Tree- Hamilton-Mitchell Family Tree??hamilton1948, ** Marvin; Pinney.
Record for Irene Javon Marvin (29) facts
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Record for Nellie Pinney (71) facts ......... (84)
http://search.ancestry.com/cgi-bin/sse.dll?db=1030&h=44087046680&indiv=try
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Marvin, Orange Carson anc_kathymunson
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Marvin Lattin, Irene Javon cc anc_hamilton1948
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Lattin, Walter Albert sr anc_pwbennett62
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- [S379] census 1860 USA PA Potter Ulysses, (Name: ancestry.com;), Year: 1860; Census Place: Ulysses, Potter, Pennsylvania; Roll: ; Page: 277; Image: 281. Glase.
Record for Esther Glase (5) facts ... 20200115HAv- consol.. (9)
Record for Hannah Glase (1) fact ........... (10)
record for Richard SHAY (1) fact ............ (11)
record for Elizabeth "Betsy" RPBERTS (1) fact ................ (12)
http://userdb.rootsweb.com/census/cgi-bin/census.cgi Name Age Year State County Township Shay, Elizabeth (Roberts) 66 1860 PA Potter Ulysses Twp. Shay, Esther Elizabeth 3 1860 PA Potter Ulysses Twp. Shay, Hannah (Glase) 23 1860 PA Potter Ulysses Twp. Shay, James O. 24 1860 PA Potter Eulalia Twp. Shay, James O. 24 1860 PA Potter Eulalia Twp. Shay, Michael 5 1860 PA Potter Ulysses Twp. Shay, Richard 71 1860 PA Potter Ulysses Twp. Shay, Richard Jr. 31 1860 PA Potter Ulysses Twp. _______________________ 1860 Census listing for Elizabeth (Roberts) Shay-- Name: Shay, Elizabeth (Roberts) Age: 66 Census: 1860 Census for Potter Co., PA (Ulysses Twp. district) Birthplace: PA
Name Age Year State County Township Page Shay, Richard 71 1860 PA Potter Ulysses Twp. Shay, Richard Jr. 31 1860 PA Potter Ulysses Twp. more: 1860 Census listing for Richard Shay Name: Shay, Richard Age: 71 Census: 1860 Census for Potter Co., PA (Ulysses Twp. district) Birthplace: NJ 1860 Census listing for Richard Jr. Shay Name: Shay, Richard Jr. Age: 31 Census: 1860 Census for Potter Co., PA (Ulysses Twp. district) Birthplace: NY
Name Age Year State County Township Page More Info PostEms Shay, Richard 71 1860 PA Potter Ulysses Twp. More Info Add/View Shay, Richard Jr. 31 1860 PA Potter Ulysses Twp. More Info Add/View more: 1860 Census listing for Richard Jr. Shay Name: Shay, Richard Jr. Age: 31 Census: 1860 Census for Potter Co., PA (Ulysses Twp. district) Birthplace: NY
20190403HAv- pasted from Source Notes:
20200418HAv- incomplete; adding data, Shay et al.
1860 United States Federal Census about Esther Glase
date: 11th Sept 1860
Sam Haven?
Name: Esther Glase
Age: 41
Birth: ca 1819
Pennsylvania
Home: Ulysses, Potter, Pennsylvania
Gender: Female
PO: Ulysses
Value of real estate: View image
Household Members:
Name Age
Richard Shay Jr. 31 NY farmer
Hannah " 23 NY
Michael " 5 PA
Esther Eliz " 3 PA
John Glase 52 PA farmer farmer
Esther Glase 41 PA
Fanny Johnson 20 NY
John Benj'n Glace 10 PA
Mary Elizabeth Glace 5 PA
Roselia Glace 3 PA
Rozetta Glace 3 PA
Richard Shay 71 NJersey farmer
Elizabeth " 66 PA
Source Citation: Year: 1860; Census Place: Ulysses, Potter, Pennsylvania; Roll: M653_1177; Page: 277; Image: 281; Family History Library Film: 805177.
Source Information: Ancestry.com. 1860 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2009. Images reproduced by FamilySearch.
Original data: 1860 U.S. census, population schedule. NARA microfilm publication M653, 1,438 rolls. Washington, D.C.: National Archives and Records Administration, n.d.
20200115HAv-
renamed from: census 1860 USA PA Potter Ulysses(2).jpg to:
census 1860 USA PA Potter Ulysses Ulysses _277 Shay Glase.jpg
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census 1860 USA PA Potter Ulysses
20190403HAv- pasted from Source Notes:
20200418HAv- incomplete; adding data, Shay et al.
1860 United States Federal Census about Esther Glase
date: 11th Sept 1860
Sam Haven?
Name: Esther Glase
Age: 41
Birth: ca 1819
Pennsylvania
Home: Ulysses, Potter, Pennsylvania
Gender: Female
PO: Ulysses
Value of real estate: View image
Household… |
- [S1115] Ancestry.com, U.S., Find A Grave Index, 1600s-Current, (Name: Ancestry.com Operations, Inc.; Location: Provo, UT, USA; Date: 2012;).
Record for Charles E Marvin (35) facts
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Charles E Marvin
Photo added by Steve Heasley
Charles E Marvin
BIRTH May 1849
DEATH 11 Sep 1924 (aged 75)
BURIAL Eulalia Cemetery
Coudersport, Potter County, Pennsylvania, USA
PLOT Section G
MEMORIAL ID 98071328 ·
PHOTOS 1
FLOWERS 0
Family Members
Spouses Nancy Tripp Fay 1853-1931
Esther Elizabeth Shay Marvin 1857-1940
Children Grant Burton Marvin 1871-1944
Nathaniel Marvin 1873-1951
Izora Grace Marvin Toland 1877-1953
Charles L Marvin 1879-1963
Orange Carson Marvin 1882-1972
Alma Marvin Hull 1887-1976
Inscription
- Born in NY a farmer.
Gravesite Details
Spouse of Esther E Shay
Flowers
- [S520] census 1880 USA PA Potter Ulysses, (Name: www.ancestry.com;), * Snyder Story Shay Year: 1880; Census Place: Ulysses, Potter, Pennsylvania; Roll: 1166; Family History Film: 1255166; Page: 565A; Enumeration District: 113; Image: .Jacob Snyder.
Record for Jacob Snyder (18) facts
Record for Richard Shay (16) facts ......... (35)
Record for William Storey (31) facts ........ (66)
record for William Story (10) facts ............. (68)
record for Richard Shay (6) facts .............. (73)
Record for Marion Furman (17) facts ......... (90)
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Record for Charles Mattison (6) facts
Record for Thresie Mattison (5) facts
Record for Addie Mattison (5) facts
Record for Charles H. Mattison (5) facts .. (106)
Record for James M. Benton (22) facts
Record for Charles A. Rees (17) facts ...... (145)
Record for Diania Swift (5) facts .............. (150)
Record for Luther Swift (12) facts
Record for A. B. Crowell (5) facts ............ (167)
Record for Harriett A. Rees (5) facts ....... (172)
Record for W. B. Cutler (17) facts ............ (191)
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Record for E. A. Pickett (18) facts ........... (209)
Record for W. J. Cutler (11) facts ............ (218)
20200324HAv- re-named from:
census 1880 USA PA Potter Ulysses(1).jpg to:
census 1880 USA PA Potter Ulysses 113_565A Snyder Shay.jpg
Record for Jacob Snyder (18) facts
Record for Richard Shay (16) facts ......... (35)
Record for William Storey (31) facts ........ (66)
record for William Story (10) facts ............. (68)
record for Richard Shay (6) facts ........ (73)
____________
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Jacob Snyder in the 1880 United States Federal Census
date 14th June 1880
Burton Lewis
Name Jacob Snyder
Age 38
Birth Abt 1842 Pennsylvania
Home Ulysses Twp, Potter, Pennsylvania, USA
Dwelling 116
Race White
Gender Male
Relation Self (Head)
Status Married
Spouse Betsey A. Snyder
Father's Birth New York
Mother's Birth New York
Occ Farmer
Neighbors View others on page
Household
Jacob Snyder 38 Self (Head)
Betsey A. Snyder 37 Wife
Lena Snyder 14 Daughter
Allice Snyder 9 Daughter
William Story (10) facts
William Story 34 NY NY NY farmer (Civil War)
Sophronia Story 31 PA NY NY wife (Snyder)
Daniel Story 12 PA NY PA son
Mary Story 10 PA NY PA dau
Eunice Story 8 PA NY PA dau
Rosa Story 5 PA NY PA dau
William Story, Jr. 3 PA NY PA dau
Franklin Story 7m PA NY PA son
Record for Jacob Snyder (18) facts
Jacob Snyder 38 PA NY NY farmer (Civil War)
Betsey A. Snyder 37 NY NY wife (Burt)
Leora Snyder 14 PA PA NY dau
Alice Snyder 9 PA PA NY dau
Marion Furman 29 Head
Mary E. Furman 26 Wife
Violia Furman 1 Daughter
Richard Shay 51 NY NJ NY farmer
Hannah Shay 44 NY PA PA wife (Glace)
(Michael)
Jones Shay 25 PA NY NY son farm laborer
Esther E. Shay 23 PA NY NY dau
Charles Mattison 31 Self (Head)
Thresie Mattison 30 wife
Thresie Mattison 30 dau
Charles H. Mattison 6 son
James M. Benton 60 Self (Head)
Hariett E. Benton 55 Wife
George W. Benton 19 Son
Sarah Benton 8 Daughter
Charles A. Rees 22 Self (Head)
Ellen Rees 18 Wife
Walter Rees 4m Son
Diania Swift 12 servant
A. B. Crowell 54 Head
Harriett A. Rees 58 keeping house
Herman Swift 20 servant
Berdett Swift 17 servant
Luther Swift 71 Head
Polly Swift 55 Wife
W. B. Cutler 43 Head
Jane Cutler 47 Wife
Freeman Cutler 14 Son
E. A. Pickett 29 Head
Loweza Pickett 25 Wife
Allice Pickett 2 Daughter
W. J. Cutler 69 Head
Rachel Cutler 70 Wife
Name Birth Residence
William Storey Abt 1846 New York 1880 Ulysses, Potter, Pennsylvania, USA
Saphfronia Storey Abt 1849 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Daniel Storey Abt 1868 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Mary Storey Abt 1870 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Eunice Storey Abt 1872 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Rosea Storey Abt 1875 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
William Storey Abt 1877 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Franklin Storey Nov Abt 1879 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Jacob Snyder Abt 1842 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Betsey A. Snyder Abt 1843 New York 1880 Ulysses, Potter, Pennsylvania, USA
Lena Snyder Abt 1866 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Allice Snyder Abt 1871 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Marion Furman Abt 1851 New York 1880 Ulysses, Potter, Pennsylvania, USA
Mary E. Furman Abt 1854 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Violia Furman Abt 1879 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Richard Shay Abt 1829 New York 1880 Ulysses, Potter, Pennsylvania, USA
Hannah Shay Abt 1836 New York 1880 Ulysses, Potter, Pennsylvania, USA
Jonas Shay Abt 1855 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Esther E. Shay Abt 1857 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Charles Mattison Abt 1849 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Thresie Mattison Abt 1850 Germany 1880 Ulysses, Potter, Pennsylvania, USA
Addie Mattison Abt 1871 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Charles H. Mattison Abt 1874 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
James M. Benton Abt 1820 New York 1880 Ulysses, Potter, Pennsylvania, USA
Hariett E. Benton Abt 1825 New York 1880 Ulysses, Potter, Pennsylvania, USA
George W. Benton Abt 1861 New York 1880 Ulysses, Potter, Pennsylvania, USA
Sarah Benton Abt 1872 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Charles A. Rees Abt 1858 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Ellen Rees Abt 1862 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Walter Rees Jan Abt 1880 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Diania Swift Abt 1868 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Eugene H. Bishop Abt 1834 New York 1880 Ulysses, Potter, Pennsylvania, USA
Elizabeth M. Bishop Abt 1833 New York 1880 Ulysses, Potter, Pennsylvania, USA
Ella Brown Abt 1867 Iowa 1880 Ulysses, Potter, Pennsylvania, USA
A. B. Crowell Abt 1826 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Harriett A. Rees Abt 1822 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Herman Swift Abt 1860 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Berdett Swift Abt 1863 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
Jacob Barse Abt 1801 New York 1880 Ulysses, Potter, Pennsylvania, USA
Margarett Barse Abt 1807 New York 1880 Ulysses, Potter, Pennsylvania, USA
Luther Swift Abt 1809 Vermont 1880 Ulysses, Potter, Pennsylvania, USA
Polly Swift Abt 1825 New York 1880 Ulysses, Potter, Pennsylvania, USA
W. B. Cutler Abt 1837 New York 1880 Ulysses, Potter, Pennsylvania, USA
Jane Cutler Abt 1833 New York 1880 Ulysses, Potter, Pennsylvania, USA
Freeman Cutler Abt 1866 Pennsylvania 1880 Ulysses, Potter, Pennsylvania, USA
E. A. Pickett Abt 1851 New York 1880 Ulysses, Potter, Pennsylvania, USA
Loweza Pickett Abt 1855 New York 1880 Ulysses, Potter, Pennsylvania, USA
Allice Pickett Abt 1878 New York 1880 Ulysses, Potter, Pennsylvania, USA
W. J. Cutler Abt 1811 Vermont 1880 Ulysses, Potter, Pennsylvania, USA
Rachel Cutler Abt 1810 New York 1880 Ulysses, Potter, Pennsylvania, USA
Provided in association with National Archives and Records Administration
Record for Marion Furman (17) facts
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Marion Furman in the 1880 United States Federal Census
Name Marion Furman
Age 29
Birth Abt 1851 New York
Home Ulysses, Potter, Pennsylvania, USA
Dwelling 117
Race White
Gender Male
Relation Self (Head)
Status Married
Spouse Mary E. Furman
Father's Birth New York
Mother's Birth New York
Occupation Farmer
Neighbors View others on page
Household
Marion Furman 29 Head
Mary E. Furman 26 Wife
Violia Furman 1 Daughter
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census 1880 USA PA Potter Ulysses
20200324HAv- re-named from:
census 1880 USA PA Potter Ulysses(1).jpg to:
census 1880 USA PA Potter Ulysses 113_565A Snyder Shay.jpg
Record for Jacob Snyder (18) facts
Record for Richard Shay (16) facts ......... (35)
Record for William Storey (31) facts ........ (66)
record for William Story (10) facts ............. (68)
record for… |
- [S2396] newspapers.com, 1883-03-14. George Chisholm, Commonwealth of PA v George Chisholm, MURDER- Synopsis of the Evidence, POTTER COUNTY, PA., WEDNESDAY EVENING, MARCH 14, 1883.
record for George Chisholm (1) fact
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Commonwealth of PA v George Chisholm, MURDER- Synopsis of the Evidence
POTTER COUNTY, PA., WEDNESDAY EVENING, MARCH 14, 1883
TRIED FOR
MURDER!
COMMONWEALTH
VS.
George Ghisholm !
SYNOPSIS OF THE EVIDENCE AS BROUGHT OUT AT THE TRIAL
Monday, court was called by Judge Olmsted and some routine business transacted. The attorneys for Chisholm asked leave to make application for continuance Tuesday morning.
Tuesday morning the court room was packed with people. The attorneys again asked for more time. Judge Williams, on the beuch, granted them until noon. At noon the request for continuance was refused, and attachments for witnesses were issued, both for the defence and the commonwealth. Most of our readers are acquaint ed with the particulars of this case. In September last, in the township of Hector, Thomas Waters received a pistol shot from a weapon in the hands of George Chisholm, which caused his death a few days there after. At that time we gave full particulars as we picked them up from parties, having some knowledge of the affair and at this time we do not propose to give a rehash of the story, but will try and give the evidence as brought out iu court, and our readers can form their own opinions and bouei as '.,. u, H,0m best, and most equitable. Court called shortly after two o'clock p. m. and a few minutes later Sheriff Monroe appeared with Mr. Chisholm who took a seat back of his attorneys, after shaking hands with a few acquaintances and bowing to others. The prisoner's complexion showed the bleaching effect of his confine ment in jail, but a short time in the court-room brought color to his face again. The room was intolerably close and warm. Chisholm was ueatly dressed in a suit of black, evi dently new, and he had somewhat of a ministerial appearance, we believe that was his profession at one time. Over all he wore a black cape, of the style fashionable for gentlemen some years ago. He appeared calm and his nerves were very steady for a man about to be tried for his life. District Attorney Cobb read the indictment, to which the prisoner, in a low tone of voice plead "not guilty." The impannelling of a Jury com menced at once. C. H. Loucks, of Hector was the first man called, and was objected to by the defence for cause ; Wm. Stevens, of Sharon, was the second and a peremtory challenge from the commonwealth relieved him of further trouble. In the following order the entire list was gone through, with results: 3 L F Eice, West Branch, peremp tory challenge by defence. 4 Henry Rogers, Allegany, direct ed to stand aside and await further proceedings. 5 Page Goesbeck, Eoulet, was the first Juror selected and sworn. 6 Henry Dwire, Stewardson, passed same as No. 4. 7 Burt Eeed, Eoulet, rejected by the com'th. 8 Wm W Trask, West Branch, re jected by defence. 9 A Bisbee, West Branch, reject-by com'th. 10 E M Bishop, Hebron, passed. 11 Arthur Barclay, Wharton, not in attendance, and name taken from box. 12 W H Eexford, Sylvania, passed. 13 Frank Welton, Wharton, re jected by deft. 14 Eli Eees, Sylvania, same. 15 Eob't McDowell, Eoulet, same. 16 Anthony Cochran, Geness, had not heard of the case and had read nothing of it, the first man of the kind found, but not the last, passed. 17 Wm Mattison, Sharon, so far as reading or hearing of the case, a lull partner of No. 16, was excused by the court. 18 W J Brown, Sharon, rejected by the deft. 19 John Gordnier, Homer, same. 20 Seymour Norton, Coudersport, made No. 2 in the Jury box. 21 E E Kelly, Allegany, accepted 22 Asal Marble, Harrison, not in attendance. 23 Thomas G Hull, TTlysses, rejected by deft 21 S E Crittenden, Oswayo reject ed by com th. 25 L B Lewis, Bingham, accepted. 26 Wm Wilkinson, Hector, passed. 27 Coleman Smith, Oswayo, accept ed. 28 E H Young, Ulysses, rejected by defence. 29 Geo Clark, Sylvania, same. 30 J B Stewart, Oswayo, accepted. 31 E D Leet, Ulysses, accepted. 32 Geo Greengrass, Hector, passed. 33 J L Allen, Clara, had conscien- cious scruples against capital punishment, and was excused. 34 Elymus Hackett, Lewisville, had consciencius scruples, but not stioug enough to be rejected, and he was passed. . 35 E S Worden, Hector, rejected by deft. 36 C H Kilbourne, Hector, accepted. . 37 Seth Briggs, Wharton, rejected by deft. 38 M J Young, Portage, passed. 39 Edwin Dodd, Sweden, rejected by deft. 40 F D Weimer, Clara, accepted. 41 C C Nelson, Sweden, passed. 42 John Collar, Genesee, rejected by dct't. 43 John Zingerle, West Branch, rejected by deft. 44 Jas H Dexter, Oswayo, accept ed. 45 Albert Parker, Hecter, passed. 46 G W Bennett, Ulysses, accepted. 47 Ambrose Ball, Hebron, evidently bound not to serve and was rejected by com'th. 48 W II Crosby, Homer, the last name in the box, was accepted as the 12th Juryman. The Jury as completed is as follows : Page Groesbeck, Seymour Norton, E E Kelly, L B Lewis, Coleman Smith, J B Stewart, E D Leet, C H Kilbourne, F D Weimer, James H Dexter, G W Bennett, W n Crosby. They are classed as to occupation farmers, 9; laborers, 3. J C Cavanangh and Erastus Lewis were sworn as tip staffs to attend Jury. WEDNESDAY JtORSTNG 9 A. M. Comt room full; alarge number of ladies in attendance. Case opened briefly by Edson Hyde Esq., Dr. A. L. Bottom called and sworn, lived at Westfield, am a physician and sureeon : was called to treat Thos. Waters at his father's house, in .Hec tor twp., Friday, 3 or 4 o'clock p. m.; found him on the bed suffering from a gun snot wouna j wouuu in ieu side about 1 inch above joint ot hip bone and inside, direction of wound backward and downward; probed thewoundslightly; gave him opiates hypodermically to relieve intense pains; gave him quieting powders, gave him morphine, he was laboring under depression from shock to nervous system caused by injury ; stay ed about one hour, visited him next day in company with Dr. Humphrey, of Osceola as counsel; some symptoms of fatal termination. He was not then iu a dying condition in my judgment, did not think he would recover: saw him again at post mortem examination, Sunday a little before dark. Dr. Pritchard, of Harrison Valley, assisted at post mortem examination ; found that the course of the ball was downward, inward and backward, lodged in front of lower portion of backbone, passed through abdominal walls, membraneouslining through small intestine and muscles examined heart and lungs, fonnd them in a healthy condition ; believe his death resulted from the gun shot wound. The wound was necessarily fatal ; bullet identified by witness. cross, examined First at the house of Waters on Friday; nothing in line of course of ball to deflect; angle of probe would iudicate the liue of pistol, course of ball angled downward about 45 degrees, or a little less, direction of wound indicated that party shot stood at side, and not in front of party shooting and pistol held at about an angle of 45 degrees ; used about i grain of morphine at first dose hypodermically ; doses left from i to i grain, probably i dozen or more ; directed that he should take powder in from 4 to 6 hours to controll pain. From the nature of wound the patient would not necessarily come to a comatose state, but was likely to have faculties impaired just before death. Deceased was about 5 ft. 10 inches in height, weight 150 to 160 pounds and a vigorous young man. Dr. Pritchaid called and sworn. Reside at Harrison Valley ; am a physician and surgeon ; assisted Dr. Bottom in post mortem examination at house of Waters, on the body of Thomas Waters; was there before Dr. Bottom some time, do not re member just what time commenced ; body was bloated and was yet warm fwound and course of ball, evidence nhmifc same as Dr. Bottom). Identi fied ball found in body ; organs of body in normal condition ; death was caused by gun shot wound. cross examination Did not see patient in life ; he was a strong and well developed yonng man; downward, angle of wound between 25 and 45 degrees, pistol must been held at considerable of an angle; ball passed only ( hrough soft tissues and course was about straight ; ball must I have bean fired a little from left side. Mrs. Beulah Works called and sworn. Reside in Hector, in the neighborhood of Chisholm's; saw Thomas Wateis at Chisholm's on the 29l,h of September ; Thos came up to gate, in front of house, Chisholm was out after a load of wood; Thomas called Chisholm out, said he wanted to talk to him ; I was before front door; door was open ; Tlios Watem said Mr. C. will you please come out, I want to talk with you ; did not hear Chisholm's reply; Thomas then said "I don't care to ;" Chisholm came in and laid down wood, said "some of you put it in the stove" and then walked in the other room sitting-room. He pushed sitting-room door shut ; was in the sitting-room but a short time, came through the room and went out the front door and went down to the gate where Thomas stood. Thomas says, Mr. Chisholm was you the man who chopped into the line fence or stuck au axe into it. Mr. Chisholm bowed , did not hear him say anything. Thomas called Mr. Chisholm a son of a bitch; Mr. Chisholm stood as if talking, moving his head ; did not hear that Mr. Chisholm said anything. Thomas says"a bastardly son of a bitch, eh ! That's what you are." Mr. Chisholm had his hand in his right coat pocket made a motion, and Tommy said, don't show that, Tommy says you dare not lay aside the revolver and call me that, if he did he said he would whip him, or something else "if I am man enough." Mr. Chisholm put his left hand on gate to open it, drew the revolver and walked out of the gate, walked up in front" of Tommy drawing the revolver up even with Tommy's breast. Tommy says "Sir. Chisholm don't shoot," making motion to push revolver down ; heard report of revolver; as revolver went off Tommy said again "don't shoot." Tommy went from the gate before he was shot, walking backward, Chisholm following. Chisholm carried revolver by his side till he got where Tommy stood ; Tommy retreated 10 to 14 feet before the revolver was fired. Have pointed out to Mr. Hyde, Mr. Rees and others where shooting took place. Tommy fell back to the ground when shot ; Chisholm stood and looked at him, revolver still in hand ; did not undertake to help him up. Tommy got up and fell again, got up again and took hold of Chisholm. Mr. Chisholm ulun mo ivi mi if,ti. you want another one V the pistol pointing toward Tommy. Tommy fell again, tried to get np agaiu; when his brother James Waters came down the road. James put hiin on the wagon and took him home , James helped him to the wagon, Mr. Chisholm did not assist. As I went out the gate, I said to Mr. Chisholm, "you are a murderer, if that man dies," he said "did you not see him clinch mo first 1" I said "no sir, he didn't," he said "he did" I said "he didn't," Mrs. Chisholm said "yes, he did," repeated it twice. Mr Chisholm said "you do not know what I have suffered from that family this summer;" I told him "I was sorry I was there," he said "you were sent here a purpose," once he said he wished it had not happened, ceoss examination I live about a mile from Chisholm's ; do not know in what direction; do not know points compass, road runs south-west, about one mile from my house to Chisholm's rode np with James Waters that day on a bark rack,. Thomas passed along a short time before James passed my house. I asked to ride ; got off at Chisholm's ; found Mr. and Mrs. Chisholm and daughter in the house, took a seat iu front of the door which was open; it was about five o'clock in the afternoon. The house is as far from the street as about two-thirds across the court room (about 40 feet). My sight is good, hearing good , had been at Chisholm's abont five minutes when Thomas Waters came to the gate ; Mr. Chisholm was in the room ; had no special conversation with Mr. Chisholm. Mr. Chisholm soon went out into the woodshed; cannot describe clothes, do not know whether he had a hat or coat on. Thomas" said at the gate, "Mr. Chisholm will you please come out here, I want to talk with yon," did not understand reply ; heard Thomas say "I don't care to," do not know what that was in answer to. They did not act as though they were mad at the gate at first ; saw no indications of anger when Thomas called Chisholm "a sou of a bitch." Council for defence requested witness to repeat the evidence given on direct examination from the time Thomas called Chisholm a bastardly son of a bitch (repeated very close). Cross examined as to evidence given at Harrison Valley, in September ; do not think Thomas had hold of Chisholm when the pistol went off. Do not think that. I said the first word I said after the shot was fired, that I expected it would end in murder. Lena (Mr. Chisholm's daughter) sat near the window, facing the road ; told Mr. Chisholm I would have to take my oath to the occurrence ; am friendly with the Waters family ; was equally friendly with the Chisholm's. Re-direct, had been invited by Mr. Chisholm to call but a short time previous : had aq errand there that day. ' NO. ii. James Waters, called and sworn Am a brother of Thomas Waters, deceased, of Hector ; was near Cliis holm's when the difficulty occurred ; was seventeen rods above Chisholm's house setting on my wagon. Firet saw my brother coming down the road, he walked to Chisholm's gate and said he wanted to see him j Chisholm was out alter wood ; Chis holm asked him to come in ; Thomas declined ; saw Chisholm come out the front door; about four or five rods from door to gate. Mr. Chis holm came to gate; Thomas asked him if he had been cutting through fence t did not hear reply ; told him he wanted him U keep off unt il the old man Mr.. Waters, Sr. came home or he would put him off; Chisholm said you little bastard son-of a- bitch you can't do any thing; Thomas said you come out and try it, Chis holm stepped to gate and pulled out the revolver; Thomas told him to put it up, he did not want anything like that here; the pistol was point ing at my brother's breast ; brother put out his hand to put it aside, pressing it down, the pistol cracked and Thomas fell ; I ran down and asked "what does this mean 1" brother says "he has shot me and given me a good one ;" put my arms around my brother and carried him to the wagon and took him home. Mr. Chisholm said nothing while 1 was there; Chisholm made no move to examine injury; from Chisholm's to Water's home about one-fourth mile; Chisholm did not offer to assist iu removing my brother; got home about ftve o'clock; went live or six miles alter a doctor ; Thomas died Sunday morning. Cross Examination Brother younger than I am ; he was 23 years past ; we had been to Westfield that day ; I stopped when I met my brother coming from home towards Chisholm's, and waited there, first heard my brother say, "Mr. Chisholm I would like to see you, "all right, come in, won t you f" Mr. Chisholm said; my brother did not ask him to come out into the road at that time (examined as to evidence given at preliminary hearing) both my broth er and Mr. Chisholm appeared good-natured ; Mr. Chisholm was in the house from two to five minutes; think Chisholm had no coat on at a wood pile; ray brother told hiin if he caught him on the land he would -v. tuu iiiui u.a, im itx wanted h tin : to understand ifc; -iieit heard my brother say if he would come out into the road and say so he would thump him if he was big enough ; told him or dared him out two or three times, Chisholm then came out of the gate drawing his re volver at the same time, letting it hang down by his side ; as Chisholm came through the gate my brother backed up fourteen feet, Chisholm following him up ; think my brother shoved the arm holding the revolver down, before it went off; could see a man going from Chisholm's door to Che gate, all the way, from where I was ; the spot where my brother lay was fourteen feet from the gate-way and nearly in the beaten road ; have stated all I heard my brother say ; my brother did say "he has shot me and given me a good oue, but it is all right he will pay for this ;" Mr. Chisholm and I had no conversation; did not see Thomas take Chisholm by the collar ; brother did not stop where T met him and passed but a word with hiin as he passed on ; I had no reason for Rtoppiug in the road, at that tim ; it was about 5 minutes from the time I stopped until the crack of the pistol ; actions were hasty; don't think my brother was angry at first ; did state at Har rison Valley that when the two were in the road that they worked toward each other, but thought I had cor rected it ; I have been acquainted with Chisholm about three years; there had been some unfriendly feel ing between us: there was noun-friendly feeling on my part at the time this occurred ; called him a son of a bitch, at Harrison Valley on first examination ; have been on good terms with Chisholm, since liv ing there ; did not on or about Sept-lst, 1882, say that I would give $5 to have that son of a bitch licked (referring to Chisholm) and pay the costs; did not swear at Chisholm in September last, and slap his face. David Widger called and sworn, Live in Harrison, know Chisholm, saw Chisholm between five and six o'clock at his house the night of the occurrence ; Chisholm said he had shot Thomas Waters, said he had nothing against him and that he was not the man he ought to have shot ; advised him to give himself up; went with him to Westfield ; when most there he said he wanted to see Mr. Strang ; Mr. Strang is a lawyer ; went to see Strang ; told Strang he came tor council ; saia ne nan snot Thomas Waters ; Strang said if he had shpt Waters he could do noth ing for him. He said Waters had took hold of him and shook him around and he shot him. Croso Examination. Was on friend- lv terms with the Chisholm's. He said he had shot Thomas Waters, was sorry he had done it, and would rather have given a thousand dollars or something of that sort if the accident had not happed ; will not say that I was not under the influence of Marriage and Denth notices free. Obltnarj notices Hve cents per line. . Ordors from a distance most be accompanied by the money to Insure attention. spirits that day ; think I did have something that day. Question Did Chisholm say, Thomas took hold of him, shook him about and he shot him under excitement No. Sir. Was sworn at Harrison Valley j may have testified at Harrison "I said, George that is not the man you ought to have shot, and he said no that is not the man I ought to have shot." Chisholm expressed no vin dictive feelings against Waters at any time during our conversation. I know H. S. Tuttle, did not tell Tuttle that I knew enough to clear Chisholm : did not say that I knew all their plans and threats, and was in the ring. H. Harrison. Live at Harrison Valley, was constable in September last, arrested Mr. Chisholm. Revolver, a 32 Smith & Wesson, single action, produced and identified as one received of Mrs. Chisholm on Monday, October 2d. Wm. Hurlburt. Live in Harrison know Chisholm, he told me he had trouble with the Waters' and if any of them laid hands on him he would shoot them, as he was afraid of his life, at times ; said he had a revol ver. Oros4 Examined Told me this in the road near the hotel at Harrison Valley, understood if they laid hands on him he would defend him- sell. Wm Trim Live at Westfield, heard Chisholm say he was going to get the bark if he had to do it at the muzzle of his revolver, was referring to AVm Waters (stricken out); saw Chisholm have a revolver previous to the shooting at Sept. court. George Lane. Live at Westfield; revolver produced ; sold George Chisholm such a revolver Slay 29th, last. Charles Proctor. Reside in Brook field, was staying at Chisholm's in May last; was with him when he purchased a revolver, similar to one produced; said he bought the revolver to defend himself ; said he was afraid of his life, this was on Chisholm's land, and he exhibited the revolver at the time. Mrs. Nancy Waters. Am the mother of Thomas Waters ; he was ' brought home about five o'clock Saturday night ; he put his arms around my neck and asked if father was coming home at night ; said he should stay but a little time ; said his time was short; said this just daylight tiuio. - - - - S. K. Stevens. In September last resided iu Harrison, seven or eight miles trom Waters' ; was at Waters the morning Thomas died, when I went iu he said his affidavit could not be taken too soon ; the statement was then taken by me, and reduced to writing ; statement was taken about daylight (statement identified and marked exhibit 1.); his mind seemed to be clear, but he was weak. Julian Gill Was at Waters when messenger went after men to take statement ; Thomas said they could not do it too soon, this was Sunday morning. Flora Waters Am a sister of Thomas Waters deceased ; first saw him after he was shot when he was carried into the house Saturday night near midnight ; he said he did not think he was going to last very long. Dr. Bottom recalled Told Thomas Waters of his condition ; that he wonld probably die ; when first saw him Waters made a statement, before it was executed he was informed that he would probably die (statement identified, and marked exhibit No. 2. Ee.cross statement taken about 2 o'clock Saturday ; Thomas Waters was not questioned, made it himself. At that time his mind was clear : do not think he was told that all hope was gone. Susan Waters Thomas Waters was my brother in-law ; he said Saturday night "they don't give me very much hope" ; Sunday morning said they could not take his testimony too soon. Edson Hyde Was present when statement of Thomas Waters was taken ; Thomas Waters was sworn before S. K. Stevens J. P. I reduced the statement to writing as given (exhibit No. 1, 2d statement identified). Cross Examined Learned that he had made a written statement, on Saturday, which was used at preliminary examination. Com'th offer exhibit No. 1, 2d statement as evidence ; defence object to certain portions of statement as irrelevant, and not admissable, objection sustained, and balance of statement read in evidence. - EXHIBIT No. 1. DYING DECLARATION OP THOMAS WATERS. Taken at the house of William Waters, October 1st, A. B., 1882: Thomas Waters, being duly sworn according to law, deposeth and saitb : My name Is Thomas Waters ; age 24 years, the 9th day of Dext March ; I re- ' side with my parents, William Waters and Nancy Waters, in Hector township Potter county, Penn'a. On the 29th day of September, A. D., 1882, I was wounded by a pistol ball, and having . been informed that the nature of the wound is such that it will probably prove fatal and that it may result in death at any moment, I make the statement with a full knowledge of my condition. About six o'clock on the 29th day of September, 1882, 1 went down to George Chisholm's and told him I would '
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like to talk with him; Chisholm came out to the fence; I told him he must not cut another hole through the line fence whtlo my father was gone, if he did I would kick him ribs in. He said, "Thomas Waters, you will get sick of that work, you dirty low-lived aon-of-a-bitch." I told him he dare not come out Into the road and tell me that, if he did I would cuff his ears if I was man enough, Ho came through the gate, turned partly around and shut the gate, then turned around again and pointed his revolver at me; he drew the revolver out of his pocket as he came through the gate. I told him to put thut up he did not want to use any such thing as that here, but he pointed it at me. I tried to get hold of the revolver but could not. I pushed his arm away and reached to get hold of his collar and he shot me. I did not go toward Chisholm all, but he came toward me with the revolver pointed at me. When he shot me I fell and I do not reccollect what happened after that till my brother James put me on the wagon. Chisholm called me a bastard and a son-of-a-biteh. That is what he said. I did not at any time go towards Chisholm or offer to touch him, only as he came into the road and came at me. I did not have any inteutiou of hurting Chisholm when I went there, but I was mod because he cut the hole through the fence and misused my mother, but I would not have touched Chisholm if he had not come at me with the revolver. I made u statement to the doctor yesterday but was in great pain and do not know as I stated it fully but I have endeavored to do so now, as I remember it. This is all I think of that happened, I desire Andrew Mullory to sign my name for me as I am too weak. his Thomas X Waters. mark Signed in presence of S. K. Stevens and E. Hyde. Sworn and subscribed before 8, K- Stevens, J. P., Oct. 1st, 1882. The above statement was read and signed in presence of the following persons who certify the above to be correct and true according to Thomas Waters (statement. Andrew Mallory, Flora Waters, Nancy Waters, Susan Waters, James Waters, M. F. Keiley, G. B. ULOVER, J. H. Gill. (The portion enclosed in brackets was thrown out and not reud before the Jury. Ed.) Commonwealth rest; defence calls for re-cross examination. James Waters; Know M. L. Foster, he was at my house on Oct. 1 ; he was at my father's house that day ; did not say to him that I could not see them at the gate or when the shot was fired; did not say that I could not hear what Chisholm said. Mrs. Work re-cross Reside at Harri son Valley; did not say that Tommy had hold of his arm when the shot was preliminary hearing; sat three feet back of the door; have been to Chisholm's before this occurrence ; was there last be fore berrying time. Defenceopened by John Ormerod Esq. Exhibit Jso. 2 offered in evidence. EXHIBIT, No. 2, Hector, Sept. 30, 1882. Anti Mortem Statement of Thomas Waters : I am 23 years of age. I went to the house of George Chisholm on Friday evening, about six o'clock, to tell him he must not come across the line on fathers land while he was absent. My father's name is William Waters. I told him (Chisholm) that if he did I wouid kick his ribs in. He said, ''Thomas, you will get sick of that work." He called me "a dirty low-lived son-of-a-bitcb." I said "if you will come through the gate and call me that I will cuff your ears if I am man enough.') He then took out of bis pocket his revolver, opened the gate and came out swung around and pointed his revolver at me, when I reached and grabbed him by the coat coilar, after I failed to se cure his pistol. As soon as I took him by the collar lie fired the pistol and I tell to the ground. Thomas Waters. Per Andrew Mallory. I make this statement with the knowl-! edge that the wound may prove fatal. 1 Witnesses present : W F Humphrey M. D. A. L. BottOm M. ., A. B. Vangorder, Sylvester Gill, M. G. Bowman, MabyNeelEy, J. H. Gill. Mrs. Miua Sc boon over In September last lived in Hector, in sight of Chisholm's house ; on the 29th of Sept. saw Thomas Waters going up the road toward the bark, between five and six o'clock; when driving up the road his siHter Flora was with him; the bark road is a little below where I live, on the opposite side. Question: What did his sister say to him as he started up the road? objected to as incompetent and immaterial objection sustained; saw Thomas when be came back ; in ten or fifteen minutes saw himagain ; saw him again In about half an hour on the bark wagon with James, going towards his father's house; Tnomos was sitting on the spring board seat; James appeared to be holding him and driving the team; myself and husband went up to Waters; got there as soon as the wagon and James and my husband carried Thomas in heard Thomas make a statement of how the affair occurred; "Thomas said he went down and called Chisholm out said Chisholm called him some names said if he would come into the road and call him that be would fix him or whip mm; sam wr, cnisnoim came through the gate and he collared him, he jerked him or got him partly down; not cer tain what ; Chisholm said if he did not let him alone he would shoot him; Chisholm drew his levolvcr; he caught his arm and tried to take it away from him and be shot. Cross Examination. Bark road perhaps 25 rods below my house, when I heard the conversation between Thomas and Flora ; they were about four rods apart; Thomas going up tlie bark road; saw Thomas when he came back, but do not know whether I Btood in the door or was at work about the house ; VanGorder and Wldger went with us to Chisholm's ; Thomas was taken in the room and the family came in, stayed a few moments and the family went out; do not think they came in nirnfn within fifteen minutes; I was at the preliminary hearing; did not testify there. He-direct Think James had gone for a doctor when Thomas made a statement of the oci'nvnee. When Thomas left to go Ufi the U-irk iud, Finn said, "Thomas, he Isn't there," the answer was "Well, I am going to see;" my house is ou tin elevation above the land; I have told all the couvuiuttoii i heard between Thomas and Flora. ItcC'root Exo mined. Do uut think I said, in the presence of Mr. and Mrs. VanGorder, that I knew nothing about this affair. Joel Hchoonover. Llvud in Hector township, tSfpt. i!Wh ; snw Junior AVaters when he went home with Thomas; saw them below my house while on our way to Chisholm's ; had heard a shot down towards Chisholm's ; went homo with Waters; VanGorder and Widicer were on the wagon when 1 mot it, James Waters driving, Thomas sitting ou spring board seal ; helped curry '1 homas in and laid him on the bt-d ; ihe women folks were around the hou.-e. Thomas said he went down, called ChUhoimout. Chisholm called him a sou-of-a-bitch ; told him If he would cmuu out into the road and call him Hutt he would lick him. Chisholm came through the gate, took him by the collar. Chisholm said if he did not- let him aloue be would shoot him ; grasped him by the aim to take it (the pistol) away from him and Chisholm shot. This was suid in presence of myself nud wile- only. Saw Fiora Waters go towards home that evening before 1 saw James and Thomas ! perhaps half an hour previous; Flora, was driving the old man Waters' team ; Thomas Waters would weigh about Hit) pounds about 5J feet in height; saw Thomas a few minutes before 1 saw him and James; after he had been to the i bark Thomas, in presence of Van-! Gorderand myself afier VauOord. rhad j said, "Tommy, they did not y't the; bark," said "he knew it, he had just been up." He asked where Chisholm; was. I said ho had gone homo about , noon : Thomas said it wiw a good thing he did not find him there. Tommy then went toward Chisholm's; at thif-. time we were thirty rods above the bark road. Cross Examination. -Diagram, show ing Chisholm's, the bark road, location of road &c, in and arouml where the tragedy occurred, showed witness and recognized as substantially correct. At the time of conversation . with Tommy was twelve or fifteen rods from my house When I heard the shot I wan near Widger's; VanGorder was there. It was from t0 to 80 rods from Chis-hohns. After hearing theshot we started down the road, I to my house, they down toward Chisholm's. From my house to Chisholm's, by the road, is about 80 rods. At the house I examined Thomas, at his request, as he said he thought he was bleeding. No one present except my w i t'e. T homas seemed to be suffering some; was not then bleeding; the members of the family were in and out frequently, asking him how he felt; lie complained ot pain inside and leg. Think I did not near any of the family ask him how it happened ; remained ut Water's until about 9 o'clock, p. m. A few days after tiie occurrence told Mrs. Chisholm what Tommv told me. at the, house. My wife was present. JSext told Mr. Cory, rms was the day I was subpoensed, about two weeks ago. Miss Lena Chisholm. Am a daugh ter of George Chisholm ; was home 2!ith of Sept. ; saw Thomas Waters drive by that day, Flora Waters was with him; they were going toward home, this was , between four and five o'clock; I was near the front door peeling apples; saw James Waters drive up the road, after Thomas perhaps five minutes after ward ; Mrs. Works was with James ; Mrs. Works came to our house; first saw Tommy again at the upper gate post; at this time my father was out the back door after wood ; heard Tommy ask pa to come to the road, that was the first I heard ; my fatberanswered "won't you come in?" no, don't car to come in, comedown; father said I'll take in my wood and get my hat; came in with the wood and went into the other room and got his hat, do not know if he shut the door or not; the door would swing to till It struck the latch of itsown accord ; he went to the front door and asked Tommy tocome in; don'tthink Tommy made any answer; father then walked to the road, and leaned upon the lower gate post ; they are large posts, about as high as my head ; Tommy was leaniug against the upper post; the gate was hung with strap and weight; Firsl heard Tommy say I understand vou have been up after the bark ; "yes I have been up there; Tommy said it was a damn good thing I wasn't there or you would have got a ball hole through you it you ever go there again, I'll fix you. and If you ain't a damn coward, you'll step through the gate now, and I'll fix or lick you, you damn false liar; father then said I don't fight with dogs and beasts; Thomas said I know you have gota revolver, foryou drewiton mother to-day, but I ain't afraid of that, you damn coward, just come through the gate ; father said I am not afraid to come through the gate, but I am not coming through to fight; Tommy said then if you are not a damn cowardly bastard you'll step through the gate, Tommy was angry; father stepped through the gate, opened the gate, with his right hand, stepped through and down, letting the gate swing partly to, holding it with his right hand : did not at that time have a pistol in his hand ; Tommy rolled his sleeves up and grabbed pa; pal went to step back through the gate, and he grabbed him by the collar by both hands and jerked him around several times nearly jerking him down, jerked him oneway and the other; father said "hold on Tommy, stand back," a number of times; don't know how many; when Tommy was up and pa down the street, Tommy said shoot and be damn ed ; they were then below the gate, about eight feet below ; they were four or five feet out in the road, when Tommy said Bhoot and be damned ; I then saw the revolver In pa's hand, this was the first I saw it; at same time Thomas grabbed his hand; first saw revolver at his side, then heard the report ; Thomas dropped on left knee, got up and grabbed pa and said "Jesus" ; pa pushed him with his hand, he then fell down, helped himself up by taking hold of pa; heard nothing said then; Thomas walked a few steps up the road, and met James; James asked what Is the trouble? Thomas said "he has got one into me, it is a good one. but it is all right," Jamee looked at pa very angry; Thomas said again "it is all right, Jim, it is all right ;" James unbuttoned his clothes and asked where it was; Thomas said "lets go home, it bleeds like bell;" James asked if he could walk he said yea, James assisted him to walk; father did not atany time polut his pistol at Tommy and ask "do you wantanother?" when father started for the road I was going from sitting room to the kitchen ; wus on the steps at the timeof the shooting; Mrs. Works ran down the steps and said "sho had seen enough, I expected this, I must go home;" all" went down to the gate; Mrs. Works said, Mr. Chisholm you are a cold blooded murderer, and I shall swear against you; Chisholm replied, "why Mrs. Works," she said he only took hold of your wrist to take the re volver away:" "Mrs. Works didn't you see him eollor me?" she replied "I did uot ;" she said to me "Leua won't you go homo with me" do not remoml that she said anything else except she had got to be a witness; the box and ac-couterments of the pistol were kept in the kitchen, the room Mrs. Works and the rest of us were in that day ; my fa ther kept the pistol in this box In the kitchen when he did not have it with him ; when he came out of the sitting room he had hU hat in his hand, do uot know which hand; saw Mr. Widger when he came to our house that night ; he had been drinking, so that it bothered him to get up the steps; Mr. Widger said to father "George, Tom is not the man you ought to have shot;" wheu he first came to the house. The witness then testified to her father wearing a truss for years ou account of a breach and that when the prisoner was going to Westtield, he put on his truss . it is her belief that he did not have it on at the time of the affray; testified that Widger said to Mrs. Chisholm, that he had given Tuttle permission totell what he had heard the uight before. Cross Examined. Have not detailed words used by Thomas in full; do not remember all he said, he used words I never heard before; do not remember hearing father say one word to Thomas or James after the shooting. lie-direct Father said he was siek that day and had been abed nearly all the afternoon. Mrs. Schoonover re-called Saw Wid ger shortly after Thomas was shot, I called hini considerably intoxicated. Mrs. M. J. Griswold. Live in Leavenworth, Kansas; am a sister of deft; he is about 57 years of age. Fayette Lewis. Live at Lewisville; am a surveyor; iu February last made a survey of the locality of the occurrence taking levels, Ac, draft produced and Identified; details of survcry &e explained and distances given ; stated that experiments were made by placing a box 2 ft. 9 in. high in the road, estimated depth of snow under the box 6 in, and parties passed from Chisholm's house to his gate, while others stood ou the box to see if parties could be seen all the way from the house to and at the gate, the box said to have been placed at the point where James Waters wagon stood when Thomas Waters was killed ; witness standing in gate could not see a man on the box in the road, and part of way from gate to house along the path, could not see man on the box. Seth Lewis Stated that he was on the ground about two weeks after Thomas was shot, examined surroundings; all fence, from the gate to the creek, was six rails high ; said to be in the line of vision from gate to pi ace where James was at time of the shooting. At the time of survey, at highest point, one ... . , . - ""J JB ment, taking the rail off lowered the fence ten inches; detailed experiments same as Fayette Lewis. Beth Lewis re-called. The place shown me by Lena Chisholm, as the place where Thomas fell, was about eight feet from the gate, angling down the road and was, in my judgment, same place shown me when the survey was taken. Examined as to the testi mony at the preliminary examination. Mrs. Works testified that Tommy had hold of Chisholm when the shot was fired and that Tommy previously stepped toward Chisholm. James Waters swore at preliminary hearing, "I did not see him point the revolver at my brother, only heard the crack," and "I stopped and wanted to hear what was the rumpus." Referring to stopping his team after meeting Tommy. Swore that Thomas walked to the wagon with his help. Cross exaniined.-Have been employed as council tor defence since Sept. 30th. A D Cory. Testified that he assisted Fayette Lewis in making survey of the location of the shooting and surround ings. In experimenting, as to line of vision from place, where James stopped to path from house to gate, could see person only part of the way. From the gate to where a man could be seen breast high, toward the road was ten feet. Examined as to testimony of Mrs Work, Widger and James Waters, Harrison Valley. James swore that, with his assistance, Thomas walked to the wagon. j Cross Examined. Was acting for defence at preliminary hearing. Did not take notes of evidence. Upon cross examination did not James say "Chisholm pointed his revolver at Tommy as he came into the road but I did not see the revolver when it cracked?" Answer, No. Commonwealth present paper containing notes of evidence, containing the answer denied, which the witness recognized as his writing. .Then explained that he did take some notes, but had forgotten, did not take all, only sketches; and that was minutes of direct examination tor the purpose of cross examination. Perry Brigham testified about the same as previous witness as to diagram, I measurements and experiments. At lo cation of affray, by getting out of the road at the place where James Waters stopped two feet, could just see an arm of a man standing at poiut where Tom- my fell, according to diagram made by Fayette Lewis. Common height of wagon to top of bolster is 2 ft 9 in to 2 ft 10 in ; a man six feet tall on spring board seat to bark rack, his head would be from six to seven feet above the ground. Standing on the box that day my head was nine feet from the ground. Cross Examined. Standing on the box could see a man standing ten feet outside of gate. H A Gridley testified substantially as given before, by others, in relation to diagram, measurements, &c. Br. Ashcraft testified to making ex amination, about ten dayB since, and that Chisholm had a breach, mild type of hernia, was not wearing a properly fitted truss. I C Thompson. Live at the mouth of Potter Brook, about two miles from Chisholm's. Testimony relating principally to diagram and experiments, about same as others. James Metcalf. James pointed out to me the day Thomas died, the spot where Thomas was shot. He said "near that low spot." This spot was three and one-half steps from th fence. Cross examined. This depression Is perhaps one foot or a foot aud one-half across. M L Foster. Know Mrs Works; she said to Wm Puller, in my presence, that "Tommy fell six or eight feet from the gate;" beard James Waters say, on Oct. 1st that he "could not see them t the gate, and only a portion of Tommy wheu he was shot ;" said he "could not hear a word Chisholm said but could only guess from replies made by Tom my;" helped measure Tommy for coltln measured six feet. . Cross examined. Was retained by Mr. Chisholm about one year ago as attorney In elvil coses. James made hh statements at his father's house, in an swer to various questious. H S Tuttle. Was riding homo with James Waters and Mr. VanGorder at one time, when James said, as we pa-wed Chisholm's, "there is a son-of-a-biteh I would like to see licked." Mr. Van Gorder said, so would I. James said to VanGorder, "if you will lick him till he can't get off the bed for six weeks I'll give you $o and pay all expenses." Widger told me he knew enough to clear Chisholm ; this was about a month after the affray. He said, I know all their plans and threats, I have been iu the ring. Suppose I should swear that Tummy said that day "I will go down and call Chisholru out and if he don't come out I'll go under his bed for him and cut his g d d d throat. Cross examined. The time I came up with James and VanGorder was a year ago last fall, just at dusk. Do not know that Chisholm was in New York at that time. First told of this on Saturday or Monday last, and told it to Mr. Larra-bee ; do not remember telling it to any one else before; I was subpoemed about two weeks ago; have been a witness twice for defendant before to-day. J W Allen Know Chisholm; advised Chisholm to buy a pistol, iu Feb. IS-, I think; at Sept. term of Court saw James put bis hand roughly on the shoulder of Chisholm, and speak rough ly in relation to bark. Fayette Lewis. A man at the point where James wagon was would have to be about forty-eight inches higher to see the same point at the gate, with the rails ou at the highest place in the fence, as now visible with the rails off, supposing the rails removed to have raised the feuce ten inches. II Pride, I C Thompson, C P Kil- bourue and others testified to good reputation of Chisholm as a peaceable citizen. Map of location of affray and sur roundings, made by Fayette Lewis, explained by him. Defendant Rests. A B VanGorder In rebuttal Was with Mr. Schoonover at his house the day of the shooting; went towards Waters1 to near Widger's house; talked there with Widger perhaps an hour; while there Miss Flora Wutcrs went by driving team ; heard the shot, was near Widger's house then ; first I saw of Thomas Waters was near bark road with James after the shooting ; Mr. Widger Schoonover aud I were together; did not call Widger drunk ; Thomashad no conversation with any of us; we went to Waters' ; I helped put out the team ; came back to the house within about five minutes; saw Mr. aud Mrs. Schoon over coming from Waters' house; did the house which was about half an hour Cross examined. Mr. Widger that afternoon had been drinking; had seen him two or three times that day; had drank with him ; I had been drinking was not very much intoxicated ; we, James and I, took the team about fifteen rods, unhitched them, put one in the barn and returned to the house, walking fast; have had difliculty with Mr Chis holm; heard Schoonover sav that he knew nothing of the affair. Mrs, Susan Waters. From James Waters' to William Waters' is from 12! to 15 rods; I went to Wm Waters' in j from live to ten minutes after James! came out, after carrying Tommy in ; Mr j and Mrs Schoonover were at that time; coming from the door toward the road; Thomas did not talk when I went mto the house, to amount to anything. Flora Waters testified to going after water when Thomas was first brought In ; Tommy was not left alone by the family at this time; did not hear Tommy talk any; went about fifteen rods after the water. Mrs Nancy Waters. Went into the room when Thomas was carried in ; was not out of the room while Mr and Mrs Schoonover were present; Thomas did not make any statement whuteverwhlle the Schoouovers were there; Thomas suffered some and kept his eyes closed and did not seem to notice anything. Mr. Widger. Was with Schoonover the day of the shooting about 4 o'clock ; was with him half an hour, VanGorder was there also ; while we were together Thomas did not come up the road to where we were and have conversation with any of us. O J Rees, Surveyor, testified to meas urements, directions &c, of the sur roundings of the place of the affray. From Schoonovcr's house to the bridge in a straiglit line a little over twenty rods; from bouse to road twelve rods. E. Hyde Appeared before the committing magistrate and reduced the statement af James Waters to writing. On cross examination he did not say that he could not see the pistol; went to Chisholm s premises to make observa- j tion March 2d. 1H83, from the gate to house &c. and from the gate to where James said his team was. There was a wagon there, James Waters setting on a buck board scat, when T was in the gate could just see his hat ; about three feet from gate, inside, could see the board James sut on, one step farther toward house could see road team and wagon ; five or six feet outside of gate could see his hat same as while in the gate; at eight feet could see his waist, one step farther could see horses. From place, pointed out to me by James, where Thomas fell, could see wagon and road plain ; place pointed out was about two feet from wagon track ; S K Stevens, H N Stone, O J Rees, Geo Ross, H H Cobb James Metcalf, James Waters, Mrs Works and a man living in Chisholm's house were present at this time; Mrs. Works pointed out place, about six inches from where James pointed it out as the place where Thomas fell 14 feet, from fence, from gate 15 feet 6 inches. Cross examined, James was sitting about eight feet high ; view from the gate was obstructed, so could see but top of head ; I was on the board and saw James in the gate; will not say that at any point from gate to house one would not be obscured ; think perhaps two feet out of the gate one would be obscured ; think that with Chisholm at one gate post and Thomas Waters at the other could not see their bodies ; from two feet inside to eight feet outside could not sea a mail's hands if down by his side; n the morning before Thomas died the spot wan shown m where Thomas was shot nud wus substantially as shown me by James; It wus out aud above the gate. 8 K Stevens tustlfied, eorruberating, substantially, that of K Hyde, as to ob servation and lines of vision, feu. H N Stone Testimony corroberatlve, BuhsUiutiulIy, that of Stevens and Hyde as to measurements ami observations. James Metcalf CorroberatlngStevens Stone and Hyde as to observations. The place, pointed out as the place where Thomas fell, at this time, was not the place pointed out to me shortly after the death of Thomas, by James Waters. Mr. VanGorder Contradicted the evidence of Tuttle, as to James Waters' offer of $." ivc. to have Chisholm whipped. James Mallory Know Chisholm, have worked with him; he is a stout man. Adney Thorp Consider him a strong man at a lifl ; have worked with him some. Edward Flewellen Consider him n vigorous man. Commonwealth finished mid Court adjourned until Saturday morning. The argument for the Commonwealth was opened by Isaac Benson, who spoke for an hour and a half, lie was followed by D. C. Lamibce for the defence, continuing until noon. In the afternoon Sir. Remis spoke two hours and a half for the defence and then M. F. Elliott closed for the prosecution. The pleas were able and exhaustive, ami iujciiious, weaving theories, appar ently positive. The case was fought from beginning to end carefully and for all there was in it, aud no stone was leit unturned. The charge of Judge Williams was short, clear and to the point, and impartial. At a liftle after six o'clock the jury le-tirod to make up their verdict. After an absence of about three horn's the jury returned to the Court room and reudered a verdict of Guilty ok Voluntary Man slaughter and the trial of George W. Chisholm came to a close. During the trial, the prisoner's wile, daughter, two sisters and a brother occupied seats at his side, mo cheered him with their presence. The prisoner was cool throughout exhibiting nervousness only when the pleas of the Commonwealth were extraordinarily severe upon his conduct and actions. Tuesday morniug, Chisholm was brought into Court. He was accom panied by his wife. District Attorney Cobb moved for sentence. A plea for mercy was made by D. 0. Larrabee, counsel for defendant. Chisholm was then askeu if he had anything to say. Ho arose and made quite a long address, iu which he said that he had never had more thau a dozen words, and these mere words of courtesy with Tom Waters. He said he had had trouble with the old man Waters in relation to the bark, ami that he had not been fairly treat ed by him1 Of the occurrence at tho naf wm substantially the same story as Lena Chisholm, but not at as great length. The shooting he does know how it was done, that Tom had him by the wrist at the time. He carried the revolver openly as a means of defence and to intimidate parties from assailing him. Carried it at all times. He did not find fault with his Attorneys, the Court, Jury or Common wealth, although he thought he had not received justice. He had thought that he would be cleared. He ap pealed to the Court for mercy on his own account aud for the sake of his family. J udge Williams, made a few re marks to the prisoner, and then SENTENCED him to undergo imprisonment in the penitentiary for a period of four years; pay a fine of $1 to the Com monwealth ; costs of prosecution and to stand committed until sen tence is complied with. Imprison ment to be computed from time of sentence. The prisoner was perfectly cool, as he had been during most of the trial. Court Minutes. In the matter of the alleged lunacy of John lloed, Dr. Frank Buck. V. L. Peck and J. L. Knox appointed com missionera to take testimony. Sheriff directed to remove John Reed to asylum county to pay costs. .Estate of Augustus Strode, adminis trator ordered to sell real estate. Surah A. Quick vs Jonathan B. Quick decree in divorce awarded. Isaac Benson vs Keating township, a special tux of 10 mills be to levied. Consider Stearns appointed overseer of poor of Eulalia township. Grand Jury failed and sworn, R. L. White Foreman, L. B. Cole Constable to attend Grand Jury. Com'th vs James Johnson, same vs Robert Niles, same vs Harrison Koon, same vsJohn Ward. Prosecutor, Amos Veelie, allowed to withdraw, and J. M. Hamilton substituted. Com'th vs Williard Rhodes larceny, discharged. M E Olmsted va Homer township, special tax of ten mills ordered. in the matter of Iydla A Clark a lu natic, George Clark and Nathan 1) Ayers ordered to he at one half the expense of maiutainance and the poor district of Wharton one half. A B Mann appointed guardian of Eva Neill. Geo C Lewis appinted treasurer of Keating township. Joseph Fries, a citizen of Switzerland admitted to citizenship. H C Dornun admitted to practice in several courts of Potter comity. Mm Orel V Corsaw appointed Stenog rapher of the several courts of Potter county. Com'th vs Mathew Prosser, larceny, bail for appearance. Com'th vs Charles Shaw deft and bail discharged, no prosecutor appearing. Com'th vs Esther E Shay; fornication true bill. Com'th vs Charles Marvin, adultery, true bill. Com'th vs Rob t Nilee, selling liquor, true bill. Com'th vsAmoB Veeley, selling liquor true bill. In the matter of petition for a public road from Dan Baker's farm iu Bing- ham township to Charles OmwelPa In Ulysses. Report set aside and new view appointed us follows: OJ Keen, Con-sifler Stearns and G W Bennett. Com'th va N E Weed, larceny, not pros, entered. Francis Presho vs Lyman C Presho, decree in divorce. Com'th vs Horace Nelson, continued. Com'th vsLC King, selling liquor, continued. Com'th vhCG Wafklns, selling liquor, true hill, plead guilty, sentenced to pay a fine of $100, aud costs of prose cution. Com'th vs Charles Marvin, bigamy, true bill. Com'th vs Lucy Harvey, larceny, true bill, by agreement, deft to pay costs and useless other proof be found the ca.e not to be prosecuted. Com'lh va H J Mills, keeping vicious dogs, sentenced to pay a fine of $1 and costs. I Free Will Baptist church of Weatj Pike, incorporated. Cofti'th vs K McGonlgal, selling liquor true bill, continued. Com'th va J McGonlgal, selling 11-j quor, not a true bill. Com'th vs J M MeChmigal, selling li quor on Sunday, not a true hill. E A Whitney appointed clerk ot avail ing township. Com'th vs P I) Hawley, selling liquor to minors, a true bill. Com'th vsJohu Kruseu, selling liquor plead guilty. 1 Com'th vs Clark Judd, selling liquor, true bill, continued. Com'th vs K McGonlgal, selling li quor to minors, true bill, continued. Com'th vs James Loughcry, assault and battery, continued. Com'th vs H J Mills, obstructing high way, true bill. Com'th vs George (Mark, forgery, true bill. Com'th vs Fred Devanport, selling li quor, true bill. Com'th vs John Ward, selling liquor, true bill. Com'th vs James Johnson, nulling li quor, not a true bill, Co for costs. Com'th vs D P Reed, voluntary man slaughter, not a true bill. Com'th vs 13 P Heed, Harriet Reed, and Willis Itced, involuntary manslaughter, true bill. Com'th vs Robert Haskins, larceny, nol pros entered. Com'th vs P I) Hawley selling liquor, plead guilty. Seeriff Monroe appeared in court and acknowledged the following deeds lor lands sold at Sheriffs Sales: To Walter "Wells for acre in Oswiiyo, for $5, sold as property of M H and E J Reynolds. Geo Fox M D for 156.5 acre iu He bron, for $25, sold as property of G W Varney. Bingham Estase 110.8 for acre in Hector, for $25, sold as property of Benj Ferris. John Ormerod for 75 acres in Sum mit, for $5, sold as property of G W Brewster. John Ormerod for 53 acres iu Summit $15, sold as property of G W Brewster. A G Olmsted for 52.2 acres iu Genesee for $395, sold as property of James C Burdick. MARRIED. HOLLENBECK JACK80N At tho residence of the bride's parents, Mureh Kith, by Rev. A. A. Crow, Mr. L. A. Holleuueck, of Coudersport, und Miss Enielina Jackson, of Sweden. DIED. SNYDER In Sweden, March, 4th Mury Ann Shay, wife of Daniel Snyder, aged 68 years. CHAFFK In Coudersport, March lotli Ktta, infant daughter of Charles and Hattie Challi), aged three months. m- Try the Oloau Mills Flour, at Z J. Thompson's. W5u Pathmaster's warrant) for sale at this office. J8rL. C. Hakes of Wellsville is pushing the butter business stronger than ever and will pay the highest market price for all prime butter. To farmers he offers a large stock of farming implements, clover and timothy seed, seed wheat. He is also agent for the Lonk-ling wagon. fclfej Special We make the ot March: Any one witus, we will pay 3D ALK,
Clipping location on The Potter Enterprise page 2
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wetzupdoc · 23 Apr 2020
CLIPPED FROM
The Potter Enterprise
Coudersport, Pennsylvania
14 Mar 1883, Wed • Page 2
BY wetzupdoc · 23 Apr 2020
20200423HAv-
CLIPPED FROM
The Potter Enterprise
Coudersport, Pennsylvania
14 Mar 1883, Wed • Page 2
BY wetzupdoc · 23 Apr 2020
Court Minutes.
In the matter of the alleged lunacy of John Reed, Dr. Frank Buck, C.L. Peck and J.L. Knox appointed commissioners to take testimony. Sheriff dierected to remove John Reed to asylum, county to pay costs.
Sarah A. Quick vs Jonathan B. Quick decree in divorce awarded.
Isaac Benson vs Keating township, a special tax of 10 mills be to levied.
Consider Stearns appointed overseer of poor of Eulalia township.
Grand Jury called and sworn, R.L. White Foreman, L.B. Cole Constable to attend Grand Jury.
In the matter of Lydia A. Clark a lunatic, George Clark and Nathan D. Ayers ordered to be at one half the expense of maintainance and the poor district of Wharton one half.
A.B. Mann appointed guardian of Eva Neill.
Geo. C. Lewis appinted treasurer of Keating township.
Com'th vs Charles Shaw def't and bail discharged, no prosecutor appearing.
Com'th vs Esther E. Shay, fornication, true bill.
Com'th vs Charles Marvin, adultery, true bill.
Com'th vs Rob't Niles, selling liquor, true bill.
Com'th vs Amos Veeley, selling liquor, true bill.
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Murder of Thos Waters by Geo Chisholm news_18830314PottEnt
20200423HAv-
Commonwealth of PA v George Chisholm, MURDER- Synopsis of the Evidence
POTTER COUNTY, PA., WEDNESDAY EVENING, MARCH 14, 1883
TRIED FOR
MURDER!
COMMONWEALTH
VS.
George Ghisholm !
SYNOPSIS OF THE EVIDENCE AS BROUGHT OUT AT THE TRIAL
Monday, court was called by Judge Olmsted and some routine business transacted. The attorneys for… |
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Murder of Thos Waters by Geo Chisholm news_18830314PottEntp2
20200423HAv-
Murder trial of George Chisholm, in the murder of Thomas Waters, con't
CLIPPED FROM
The Potter Enterprise
Coudersport, Pennsylvania
14 Mar 1883, Wed • Page 2
BY wetzupdoc · 23 Apr 2020
THE POTTER ENTERPRISE COUDERSPORT, PENNA. CONTINUED FROM FIRST PAGE.
like to talk with him; Chisholm came out to the fence; I told him he must… |
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1857 - 1940 (83 years)
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