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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 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 tim'e 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 Groesbeck, 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 strong 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 H 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 MORNING 9 A.M.
Court room full; a large 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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