The Trial of the Negroes 1859

Previously published in A History of Slavery and People of Color in Greene County and Southwest Pennsylvania as transcribed by Bill A. Davison from microfilmed copies of the original newspaper found at Cornerstone Genealogical Society in Waynesburg.   Used here with permission.

Screen Shot 2016-04-27 at 2.10.36 PMMcConnell’s 1865 Map – partial view of Waynesburg

The Trial of the Negroes 1859

Waynesburg Messenger, Waynesburg, PA, December 29, 1859

TRIAL OF THE NEGROES FOR THE MURDER OF W. SEALY ZIMMERMAN

 WAYNESBURG SESSIONS,

1859 Reported for the Messenger   by Samuel Greenlee

Tuesday, December 20th, 1859

His Honor, Judge Gilmore, presiding Associates, Hudson and Garrard Trial of DANIEL DITCHER, WILLIAM WORKMAN, ALFRED WELL, GEORGE SEATON, DANIEL CLIFFORD, JAMES WORKMAN, HENRY SUTTLES and ROBERT SUTTLESfor the murder of William Sealy Zimmerman, on the night of the 25th of August 1859. 

The prisoners were ordered in court at 10 o’clock A.M..

For the Commonwealth, District Attorney R.A. McCONNELL, JAMES LINDSEY, A.A. PURMAN, A.J. BUCHANAN, C.A. BLACK and JOHN PHELAN, Esquires.

For the prisoners, in part, R.W. Downey, Lawrence L. Minor, John C. Flenniken, and George Wiley, Esquires.

George Seaton and James Workman being without Counsel, Messrs. W.E. Gapen and E.M. Sayers, Esquires, were appointed by the court in their behalf. The Court then directed the prisoners to stand up and hold up their right hands, while the indictment was read. The usual question was then out “Guilty or not guilty?” Each one was answered in a distinct tone, “NOT GUILTY” The Court then informed the prisoners each and every one had the right to challenge twenty jurors, peremptorily, and as many as they could give good reasons for. The jury list numbering eighty was then villed over, and all answered to their names except two. The empanelling of a jury was then commenced. To each juror the following questions were put, if not challenged before proceeding that far. First—Are you a citizen of the United States? Second—Have you from any thing that you have heard or read, formed or expressed an opinion? If answered affirmatively, the Court then inquired, is that opinion now such as would render you incapable of giving an impartial judgment, according to the testimony? If he answered that it would not, the Court decided that such a *** might serve as a juror. Third—Have you any conscientious scruples in relation to “Capital Punishment!” If answered affirmatively, the question was then asked , is that belief such as would not allow you to render just verdict according to the evidence? If he answered that it would not, he was allowed to serve. The entire list being gone through with, and but seven jurors selected, the Court ordered the Sheriff to summon thirty six additional talesmen and adjourned at half past one o’clock. Afternoon Session—Court called at half past two o’clock. The Sheriff returned the talesmen as directed. Their names being called all answered except one who was fined Five dollars. The talesmen being exhausted without gaining a jury, talesmen were called “le circumstanlibus,” until the jury was complete. The Court then ordered that the jurors be provided with rooms, and that proper officers guard them that to one speak to them, or they to any one concerning the trial. Court adjourned at quarter before 6 o’clock. Names of the jurors: George Plants, Elias Stone, Lucas Fordyce, John Elbin, Gilbert Thomas, Levi H. Bell, Henry Black, Jeramiah Iams?, James Ray, George Sellers, John Lear, Jr., Samuel Grove.

Wednesday, December 21st, 1859

Morning Session—Court called at 9 o’clock. District Attorney McConnell, opened the case in behalf of the Commonwealth in a well timed and appropriate speech, reviewing the indictment concerning two Counts: First Count charges Daniel Ditcher with the murder of William Sealy Zimmerman; and William Workman, Alfred Wells, James Workman, George Seaton, Daniel Clifford, Henry Suttles, Robert Suttles, as aiders and abettors in the same.—On request, withdraws who were near the ground at the time of the murder, were excused from the Court room.

Testimony on behalf of the Commonwealth.

Smith Greensworn: Was in Waynesburg the evening of the murder; saw Zimmerman there, He was in usual health.—I stayed all night at the Green House, started home early in the morning—-when I got below Wise’s cast my eye over in the field on the sight—I saw a man there. (There were some men just behind me), got over the fence, caught him by the hand and raised him; saw it was William Sealy Zimmerman. The body was still and cold. I discovered a ball hole in the corner above the eye—saw *** on the forehead near the bullet hole—noticed blood where he was laying in considerable amount –noticed a hat 20 or 30 feet from him on the right of the drain—he was 25 or 30 feet from the road. The body laid on the right of the drain– *** a shawl near the hat (was here shown the shawl and hat) believed them to be the same the deceased had that day. The men behind me were Job Morris, John F. Burke, and James Hays. Cross-Examined—Knew nothing of Job Morris of late; met him a day or two after Inquest—don’t know where he staid all night.

John P. Burke, sworn,—-Was in company with Smith Green, Job Morris and James Hays, saw a body in the field on the right of the road near a drain and stone quarry. That body was William Sealy Zimmerman—did not touch it—-was not in the field. (not cross-examined). 

James Hays, sworn—Was in company with Green, Morris and J.P. Burke— saw a body, it was that of Zimmerman—it was in the field just above the stone quarry—did not go to him. Smith Green went over. Cross examination.—Knew he was dead *** *** **** *** *** the middle of the road—he was lying rather on his face—a board fence along the road—The body lay on a bank above the road.

ROBERT JAMES HOOK, sworn, I was in the field before Morgan Wise’s son the morning of the 26th of Aug. last about sun up, saw a body there: it was that of Zimmerman, saw a gun shot wound above the upper and inner corner of the eye, There was blood around on the ground. Saw a hat on the ground and a man pick it up. Also saw a shawl, and two gun breeches. The gun breeches were west from the body four or five rods, (witness was here shown the gun breeches,) believed them to be the same. They were picked up by Phillip Friend, (witness also identified the hat and shawl.) The body was on the eastern side of the drain, and from 12 to 15 feet from it. The body was in plain view of the road—pointe I the ground to Joseph McConnel, Surveyor. Phillip Friend took the gun breeches, don’t know who he gave them to. Cross-examined— First saw the body from the road, got over in the field, could not tell from where I first saw him whether he was dead or not, saw no clubs, don’t know who took charge of the shawl. There was blood on the ground between the body and the gun breeches.

Phillip Friend, sworn—Was in company with Robert James Hook on the morning of the 28th of August last. Got below Wise’s, saw the body of a man laying in the field, went down till we come opposite the body, and then got over and went to it. Discovered the body was dead and had been shot, was shot above the upper and inner corner of the left eye, there was considerable of blood where the body lay. The appearance was that the body had been dead for some time, the body was off the right hand side, 15 or 20 feet from the road, on the east side of the drain 10 or 12 feet distant, found two gun breeches on the ground west of the body. (witness was shown the breeches,) believed they were the same as I picked up. Put them in the hands of some officer; I think J.P. Cosgray, Constable. Cross-examined.—Found the body dead when I first went to it, put no marks upon the gun breeches, (was again shown the gun breeches) will swear they are the same.

Dr. DAVID WISHART, sworn,—I am a Physician and Surgeon, made an examination of William Sealy Zimmerman, assisted by Doctors Milton, Blachley, A. Inghram, and D.W. Braden. Did not examine the body till removed, found a gun shot wound at the upper and inner cauthos of the left eye, made a post mortem examination—traced the course of the ball, found it in the left hemisphere of the brain; from its course it must have been shot by a person much below deceased, or when he was down, my opinion is that he was shot when in a recumbent position by a person on his right side. From the appearance of the eye, the gun was in close proximity to the face when fired—the granulations of powder were plainly visible in the whites of his eye, and all over the face. Cut out the ball and removed the brain. It was a leaden ball and looked as if It had been run in moles. (witness was here shown a bullet which he identified as being the one he extracted.) Discovered two other wounds. In the hair upon the frontal bone, one about 2 inches in length and caused a flap, the other about an inch long—both penetrating the skull, either would cause insensibility. Not incise(?) wounds. Marks upon the throat as if inflicted by the nails or grasp of the hand. Cross-examined.—Granulations of powder plainly visible in the eye, upon the lips and nose. Examined by the Prosecution.—Could the deceased have inflicted these wounds upon himself from their appearance? (Exceptions taken) He could not.

Dr. B. M. Blachley, sworn (Considerable part of the doctor’s testimony is omitted from the fact that it was simply a corroboration of Dr. Wishart’s.) Took charge of the ball. The wounds on the frontal lobe were made with a blunt instrument: they would produce concussion, and that unconsciousness, sometimes in an hour, and sometimes immediately. From the appearance of the wounds, I think he was in a recumbent position. To the question by the Prosecution.—In what position did he did he receive the gun shot wound? (Exceptions taken) Lying upon his back. Such facts were consistent with the post mortem examination. Cross-examined.—If his head had been thrown back, or the person sitting down, the course of the ball might have been the same as heretofore described.

Wednesday Afternoon, Dec 21

Court called at 2 o’clock

Dr. David Wishart, recalled.—From the appearance of the indentations upon the back, and the position of the area, my opinion is that he was in a recumbent position.

Dr. D.W. Braden, sworn.—Testimony coincided with that of Drs. Wishart and Blachley.

Dr. Arthur Ingram, sworn.—Discovered two wounds, one upon each side of the head; also a bullet hole in the upper inner corner of the eye; found the ball in the base of the brain. The place of finding the ball was rather below the point of entrance. There were marks upon the throat; was not present at the time of post mortem examination. Cross-examined.—Was present all the time after taking out the brain. By the Prosecution.- The bullet wound would have occasioned instant death.

W.T.F. Webb, sworn.—The gun breeches were placed in my possession on the day of the post mortem examination by a person who, I was told, was Phillip Friend. (Mr. Friend was here called to the stand, and was identified by Webb as the man. Also, identified a shawl which was given him the morning of the murder.) Saw the dead body of Zimmerman to the right of the ravine; also, on the right side of the road; his head south of east, inclining up the hill; he was on his back. Conducted the inquest as one of the Justices of the Peace.

Amos Enocks, sworn.—I reside on Greene Street, Waynesburg. Saw Daniel Ditcher, George Seaton, Henry Suttles, James Wells, Arthor Brown, also Daniel Clifford, on the afternoon of the murder. There was considerable of confusion among them. –my house is just across the street from Ditcher’s. From their conduct something unusual appeared among them—this was from 3 o’clock till dark, heard them tapping the drum after dark, saw James Wells, or Seaton take the drum down at dusk, heard no fife, did not see any one come afterward, there was a pretty good crowd of them, I think 10 or 12 all colored persons, played several tunes, returned the drums and went down street. Cross-examined.—Seaton lived in one end of Ditcher’s house—Bob Suttles in the other end, and Henry Suttles on the next square. They made a practice of playing on R.W. Downey’s lot, don’t know where they went down street, a difficulty exists between my family and Ditcher’s.

James Hunnel, sworn.—I live on Greene Street, Waynesburg, saw a number passing, couldn’t tell whether colored or not, as it was dark, from their voices took them to be colored people, two met them and said “we will go towards the Court House, the others said we will head the damned sons of bitches down here”—these ones went east. Cross-examined.—The party going east said “we will head the d—–sons of bitches.”

testimony

Wilber F. Laidley, sworn.—Was boarding on the 25th of August last with Simon Rinehart, Esq., near Greene street. Was at Prayer Meeting that afternoon at the M.P. Church; while returning from Prayer Meeting, was overtaken by William Workman who hailed us and asked why we were not at the fuss. He told us that the folks had come up to make an attack upon the colored people. He said they (white fellows) has knocked a colored boy down, named William Monroe. I advised him if attacked at home defend himself. Went in and got some apples and came out.—Workman then went back up street.. Just behind him was a colored person named Arthur Brown. Either I or Rinehart hailed him to see if it was him. When he got to Myersons, William Rinehart and I started after him. When we got up to James Hunnels, a large crowd came rushing ******************* could not tell whether they were colored; when they came up discovered they were colored. In that crowd I saw Henry Suttles, Robert Suttles, Daniel Clifford, Daniel Ditcher and William Workman. Some words passed between us. Supposed they would meet at the watering trough; told the colored folks to challenge them before attacking them; they were nearly all armed, mostly with guns; saw guns in the hands of Ditcher and Clifford. They passed going eastward, waited till they got some distance ahead and then followed, going on to the hill above the watering trough; staid there a short time, saw two others cross the field on the right; also heard whistling as calling. Returning home, went to my room learned the ‘Greek Alphabet’ and went over it a few lines, then heard the report of guns in an eastern direction; started in the direction of the firing, went as far as Warfields, stood there a few minutes, heard a confusion over in Hook’s field; remained there but a short time till I apprehended danger, in the meantime a young man came running westward to Warfield’s house. I do not think he passed there. Returned to Mrs. Cleavers. Went a few steps below the house, in a short time one came walking down street; went to him; together we went to the watering trough, or nearly; he remained upon the brow of the hill. Some one jumped off the trough, by that time the colored folks were pretty close, on seeing me they challenged me for my name. I did not give them my true name. They came up around me. Returning, I saw Robert Suttles, Daniel Ditcher, Daniel Clifford, William Workman and others. Some words passed between Workman and myself. I asked Workman what was the fuss, he made no reply that I recollect of. I asked him what they had done. He said “something but he did not know how much.” He told me not to inform on them, if I please. Think on returning, Workman had no arms; generally they were equipped as they went down. James Workman has on a large coat, and under the lower end I saw something which I took to be a gun. Following him was James Wells; the first and last were two squares apart; I came up across, they went around the road. Met them again at the last street called East street, part went up East street and part went up Greene street. Do not think the number returned was more than 20 or 25. Going down the number did not exceed 12 or 15.Cross-examined.—There was no moon; the sky was clear; could distinguish a white man a rod off; most of the conversation was to Clifford and Ditcher; did not speak to Henry Suttles; was examined at the inquest; aware at the inquest that I recognized none but Ditcher, Suttles and Workman. When they got to the hill, going down, they went in all directions except backwards, but the main body went to right. William Workman told me when going from Church, that the Dotysburg boys intended to treat them as they had done other colored people in Dodysburg. I swore before the Grand Jury that Will Dodd was in the crowd.

William Rinehart, sworn.—(The most part of the testimony of this witness is omitted, as it concurred with that of Wilbey F. Laidley.) Told the negroes if attacked to defend themselves. Ditcher said they were prepared, and all armed, and if they caught the white fellows they intended to kill them, and his motions spoke more than his words. Cross-examined.—I do not think the crowd separated in going down.

Morgan R. Wise, sworn.—I reside in a place called Hookstown, in a brick house, the last one on the right. Before I saw him dead in the morning, I was awakened by the firing of guns. Immediately after the firing, I heard a noise like the running of horses. Some one asked to be let in, and appeared much frightened. I asked him who he was and what he wanted. I opened the door and let him in—it was James Hayes. The firing was East of my house. The number of shots fired was from ten to twelve. After the firing was over, when about to retire, looked at the clock—it was ten minutes of 10 o’clock. The time I was up was not less than half an hour or more than one hour; the firing was in the direction that Zimmerman was found; slept in the northwest corner.

John Hunnel, sworn—I reside in Hookstown; in the third house from the bridge, as you go down; was not at home the night of the murder; did not see any of the prisoners; heard firing; heard Bob Suttles cry; “Captain, Captain,” and I took it to be Ditcher say, “Circle around the fields”; they went across the road from my house. I had been acquainted with Robert Suttles for 20 or 25 years; there was noise in the field, and running just before I opened the door. The firing seemed in the course the body was found; I have been acquainted with Ditcher since the fall of 1850.Cross-examined.—Was in bed at the time of the firing, but a few minutes elapsed from the firing, until running and talking in front of my house. I saw Peterson that night, he had a revolver, it had no load in, had not the appearance of being fired lately. Question by Wm. E. Gapen.—Did you not tell me, in the presence of John Phelan, Esq., and Morgan Wise, that Peterson fired his pistol twice that night? I cannot say that I did. By R.W. Downey.—Did you not tell me, ***. __.—I think not. By Lawrence L. Minor.—The same question and answer.

John P. Burke, recalled.—I reside in Hookstown, next house to Wise’s, saw no persons pass down, but heard several, from their talk I took them to be whites, in a short time after, I heard firing going on, went to the door, saw several running up the road, saw James Hays jump into Wise’s garden, saw no other whites at that time, after that saw negroes running up, think there was between 15 and 20, know two, Daniel Clifford and William Workman. When Clifford came up, heard him say, “be still, there is some one watching.” Workman asked for a gun cap and said, “come boys we will surround this place and have the d—-d rascal,” (or to that effect) after firing heard voices, could not tell what they said. Cross-examined.—Was in bed when I first heard firing, got up, went out at the front door, took one of the whites, who went down to be Morris, another Ellis Johns. Court adjourned at 20 minutes of 7 o’clock.

Thursday Morning, Dec. 22, 1859

Court called at 8 o’clock.

Andrew Wilson, Jr., sworn.—Daniel Clifford called on me for a revolver, a day or two before the murder, did not get any. Cross-Examined.—He said times were so desperate below town, that the whites were so molesting them, that he was afraid; this was about 2 days before the murder.

Robert Adams, Jr., sworn.—Robert Suttles asked me for a pistol, said he was going to Dodysburg. If anyone molested him he wished to defend himself, knew there was a fuss between the whites and negroes. (Not cross-examined.)

John Syphers, sworn.—I am a gunsmith, live in Waynesburg. Dan Ditcher got one rifle gun and a revolver pistol repaired, said the revolver was Tom Kinkaids, (was here shown a gunbreech, swore it was a part of the gun he repaired for Ditcher,) Ditcher left the gun, said it was his. Cross-examined.—I saw the gun in his possession, I repaired the revolver so it could be used, don’t recollect of his saying he wanted the gun fixed to shoot squirrels, I have often repaired firearms for Ditcher.

Thomas Bradley, sworn.—I live in Waynesburg. Dan Clifford borrowed a double barreled pistol of me 10 or 12 days before the murder, he never returned it. Cross-examined.—I have expressed myself against the defendants. I said they were guilty—they ought to be hung.

Benjamin Hook, sworn—I am a son of Jesse Hook’s. Alfred Wells lives near us, he borrowed a shotgun of me four or five days before the murder, (was shown a gun breech) believe it is the breech of the shotgun I loaned Wells. Well told me not to be in company with the Dodyburgh fellows, as he expected there would be a fuss with them from the way they were doing. (not cross-examined.)

William McCormic, sworn.—Was in Waynesburg the night of the murder, saw Daniel Clifford and two others going west, I knew a negro had been knocked down in the street—for fun struck overhanded at him., he pulled out a pistol and said, look here, I jumped back, he said “say nothing about it if you please,” and went on. Time, between 9 and 10 o’clock. (not cross-examined).

Thomas Kent, sworn.—Was in Ditcher’s barber shop on Monday night; two or three were present; were talking of trouble between the whites and negroes, Ditcher remarked if they did not be careful they would have bleeding Kansas here. Was in his shop on Tuesday night, went out down street, saw a great crowd at Creigh’s Drug store, went to Creigh’s, Ditcher told the boys he believed he would go home, that he would not bother with him tonight. Job Morris was standing just past the door, I supposed he alluded to him, went down street says he, “Job Morris was down there; I was telling him what the consequence was or would be if they went any further with the scrape at Dotysburg. If had said yes to the boys they would soon had hold of him! I asked what they would have done with him! He said they would have handled him pretty roughly. Clifford came in, Catlin asked him if he got it. He made no reply. I then went to Groves and went to bed. Was in the shop again on Wednesday night, soon went out upon the pavement (Jim Clark was there) turned down street. Ditcher came out and said, I have a notion to go to Dodysburg to-night. I advised him not to go. He then swore I am not afraid to go there, and I dare any white man to molest me on the way. He then asked me for a pistol, I had none. He then asked Clark who told him the same. Cross-examined.—I do not know how many meetings were at Creigh’s drug store; not so sure but it was the same night of the row he asked me for a pistol. I think I was at the barber shop three nights in succession; told Ditcher if he went to Dodysburg he would be used as the other negroes; swore he was not afraid to go.

Joseph Phelan, sworn.—Was at Col. Wells’s; heard some shots fired; went to the pavement, there heard another shot fired; was there in conversation with Col. Cooke and Coulter Wells about half an hour; then went down Coakes alley; Cooke and Wells went to it; I went within twenty feet of it. While there four darkeys came up. I will swear positively one was Dan Clifford; to the other three I could not. I think they were Dan Ditcher, James and William Workman; they went west. Not cross-examined.

Coulter Wells, sworn.—(First part of testimony same as that of Joseph Phelan.) Yeater and Bane came down; went down the alley to Minor’s stable; Clifford and two other darkies came along. I asked him if he had seen them fellows. He went a short distance, and turned round and asked, “What fellows?” I told him, Job Morris and them fellows. He said “No,” and passed on. Crossed-examined.—Think it was between 9 and 10 o’clock; don’t’ recollect of announcing the time.

Col. Joseph Cooke, sworn.—Heard the testimony of Wells. Coincide except the words: Wells put his hand on Clifford, and said, “Did you see those fellows?” Clifford says, “What fellows?—I see no fellows.”Cross-examined.—There were but two besides Clifford; think they were colored persons; think it was near 10 o’clock. This was about half an hour after the firing. It was a dark night; did not see Phelan.

Daniel Owens, sworn.—I live on Green street, Waynesburg. I am engaged in the foundry business. Wm. Workman was working for me about this time of the murder; got no weapons from the firm that I know of. The evening of the fight he came to me between 9 and 10 o’clock. Partner and I were at the coke oven; came up; was excited; asked if I had seen any person run down that way; said there had been a colored boy knocked down and nearly killed. I had a candle in my hand. He seemed to have something in his hand like a small rod of iron. Did not say what he was going to do. Saw no person with him. Don’t know which way he went. Came to work next morning about the usual time. Asked him what had been done; he said he did not know how it terminated. Heard no firing the night of the murder. I directed him to go to the river with the team. He did not hesitate to go. After he had hitched up he said perhaps it was not safe for him to go through Dotysburg. Not cross-examined.

James Hays, recalled.—I was engaged at work, the time of the murder, between Bridgeport and Morrisville, boarding at M’Kahan’s Hotel. Received a message from my father to come to Waynesburg that night; I came. Started to return that night; between 9 and 10 o’clock. Started from Waynesburg, at the Hamilton House, with Jack Hook and William Wells. Went together as far as the lower end of town. Wells came back to town. There was W.S. Zimmerman, Job Morris, George Wisecarver, Allen Herrington, Joseph Kempey, James McVay, and Samuel Peterson. John Morris overtook us at the lower end of town.; all started together. Going down, they got ahead of Jack Hook and myself. When they got to the bridge they sat down there. We caught up and sat down too; was there about five minutes, then all started out together. When we got to John Hook’s house, Hook went in and the others went on down, and I started after them. When they got a little below Hook’s house they stopped, and said they heard the fellows coming; I heard nothing but the tramping of horses in the field. I was about 15 to 20 feet behind them; they got over into the field on the right; they asked me to come over; I went because they asked me, and because I heard the darkies coming. I went over to get out of their way. The white fellows started on the direction of Jesse Hook’s house; they were going in a path, I still going behind. I happened to turn round, and I saw some fellows coming up out of the stone quarry, which is near Morris Green’s. I was facing eastward, directly in front of the stone quarry; got behind an apple tree; they were following after the fellows. (A plat of the ground was here shown and explained to the jury.) They were going South, right to the whites. When the darkies got within 25 or 30 feet of the whites, one of the party gave the command to fire, and they fired about 25 or 30 shots, pretty nearly all at once. When the firing took place I ran back toward Wise’s house; and jumped over the fence into Burke’s garden, and laid down at the foot of some sunflowers. While there I heard the darkies coming back on the road; one of them hollowed out he was ready for another gun cap—let’s surround this hole, we will have a parcel of them here. After they passed, I got up, went to the fence, and Jack Hook was looking out of his window. I called to them to let me in; got in at Hook’s and staid all night. Heard no more firing; no hollowing before firing or while firing, but heard hollowing after the firing in the field, The whole firing was comprised in a minute’s time. The firing seemed as if in platoons. Cross –examined.—Jack Hook and Will Wells went to the lower end of town. I was a witness before the coroner’s inquest. Question by R.W. Downey.—Did you not say that John Morris and Jack Hook went from the lower end of town to the stone bridge? Ans,–I cannot say I did.Came up after dark, Job Morris, W.S. Zimmerman, George Wisecarver, Allen Herrington, Joseph Kemsey, Sam Peterson and McVay were along with us. Zimmerman and Wisecarver did not start with us, but overtook us just through the bridge. The company took no liquor before starting; don’t know whether they stopped at hotels or not. Was with my father more than half an hour. John Hook and John Morris were standing at the corner of the Hamilton House when the darkey was knocked down. Was not along when the Dotysburg boys took McDonald into the woods. Did assist in taking Seaton out of his house; was present; made Seaton deliver his gun to Andrew Lantz; did not hear Seaton cried at auction. Never told John Shields or any other man that the company got over into the field to go to Alfred Wells’s house. Got over about half way from the stone quarry to the fence. Don’t know who over first. Swore at the inquest that the others were about a hundred yards ahead of me. I could see them I am not certain they were darkies. Some of my party had arms. Allen Herrington a pistol; Sam Peterson a revolver, but not loaded. Don’t know certain whether Herrington’s pistol was loaded. Did not know any of the party on the field; had seen Ditcher a time or two; think one of our party coming up had an ax handle. The party coming out of the stone quarry were about sides with the others. Don’t know whether whites fired or not; can’t tell which party fired first. The tramping of horses seemed as if round the stone quarry.

John Morris, sworn.—The night of the killing of W.S. Zimmerman I staid all night at Morgan R. Wise’s; heard firing that night on the field of Jesse Hook, beyond Wise’s, in an easterly direction. In about two minutes after the firing a parcel of colored folks jumped out of the field and came past Wise’s; there were 15 to 20 of them.; Will Workman before; did not know any more; was in the house looking out of the window when they passed; they had guns or clubs, I cannot tell which. Three white men ran up the road. Workman said, “D—n them, here they go—let’s catch them.” Cross-examined.—Was looking out of the window upstairs. They were in the middle of the road. They had hats. I knew two of them were white, certain, by their clothes and features. Know all the defendants. I could see they were darkies. Knew Workman without his speaking.—Went to bed soon after. Was not in bed at the time of firing. Court adjourned at 12 ½ o’clock. Thursday Afternoon.—Court called at 2 o’clock. After transacting some business in the Orphan’s Court.

George Wisecarver, sworn.—I live on Coalick run, about 3 ¾ miles from Waynesburg, one quarter of a mile east from Union Church. I was in Waynesburg on the night of the killing of W.S. Zimmerman. I left Waynesburg that night between 9 and 10 o’clock, along with Allen Herrington, Job Morris, Peterson, and another who I afterwards learned was Joseph Kempsey. Overtook Jack Hook and John Morris, just below town, Hays was with us going down the hill below town. Went as far as Wises: Hook and John Morris went in. Went down the road a little distance, heard a noise coming across the field towards the road like horses running. (Prosecution offers to prove the reason why they went across the field was the exclamation of Peterson that the darkies were coming—exception taken thereto.) Sam Peterson said he heard a darkie say “here they come.”—They are down below us.  The motive of our party in getting into the field was to avoid the darkies. We followed the path towards Jesse Hook’s house. The path went between the two first apple trees. Some three or four of us had got into the path. Zimmerman, Herrington and myself were in the path. We three were leading, Zimmerman first, Herrington next then myself, the rear were behind. A voice the same as before was heard near the stone quarry; near Morris Greens. They ran up before from the stone quarry, they came within about twenty yards. We stopped in the path. Zimmerman said “what does this mean, boys, who are you!” The reply was “Captain, Fire!” We all broke and run, except us three who were in the path. Just as they commenced to run a cap was snapped. In about three seconds after the cap snapped the darkies commenced firing. Five or six shots went pretty much under one sound, we then broke to run, Zimmerman ran toward me in the path. I ran towards Wise’s garden. I jumped over into the next field, from that, into Burke’s garden. I think Zimmerman started toward me, Herrington the same way. I squatted down in the corn in the edge of the garden. Some negroes, as I supposed, passed the garden; passed within twenty-five feet. Some of them said, “catch him, damn him, catch him!” They went toward Waynesburg. Heard other shots after I ran. Was about to the garden when I heard the last shot. I think I saw Ditcher and Bob Suttles; recognized then while lying hid; they passed running; could not tell whether they had weapons. No whites fired that I know of. I had no arms. I was going to M’Kahans. The noise was near the quarry; coming from the quarry in a southwest direction. Cross-examined.—The field begins just beyond the yard; did not go half way down to the stone quarry. Zimmerman got over first. Got over in back part of garden—I think there were about fifteen of them.—Heard a noise behind me. As soon as I got into corn, I squatted down; did not hear the horses start. Don’t recollect what color—could not tell a green House that night. Drank at Jo Taylors, was in at Strouses. There was a row in the street; considerable of a crowd present. Did not see Herrington or Zimmerman there. Can’t tell wether I was at the Marble shop; can’t tell what the row was about. Did not see any body knocked down. Don’t know who knocked him down. My company was not all in at time of row. Zimmerman, Herrington, and Job Morris were not in at the row. Met Jim Hayes and Sam Peterson there. Did not speak to Hays up there. Came down with Peterson, I think, met some at Green House. Can’t tell where we all got together. Peterson and Hays were at the Green House. Did not go single file. Heard no commands. Did not hear Job Morris give any commands. Got into town a little after dark. The crowd was Zimmerman, Job Morris, Allen Herrington, Joseph Kempsey, Sam Peterson and myself. Saw no pick handles in McKahans, or about there. Zimmerman had a sledge handle-don’t know whether any others had or not. None of the rest had Pick handles. (To the question, “were you at McDonalds about a week before the murder of Zimmerman?” The witness conferred with counsel and refused to answer, on the grounds that it might criminate him; not in this case but in a prosecution against himself. To the question. “Were you present when ……. door was broken down?” witness answered in the negative.) We had business in town. Zimmerman asked me to come to town. I should have came had he not asked me.

Sarah Green, sworn.—I live near the stone quarry, on the left side going east. I was at home the night Zimmerman was murdered. Heard firing; it appeared over in Hook’s field near the quarry. I was in a dose; something alarmed me I could not tell whether it was firing or thunder. Heard something on the roof like hail. Shut the door and went to the window. Put my head out and heard a terrible swearing; I heard them swear by their master they had got him—”fetch him out of that.” Heard no names mentioned. Let my window down, in five minutes a pistol or gun went off. I am satisfied they were negroes. If I know anything of the voice of a colored person or whites, they were negroes. Cross-examined.—My maiden name was Green. My husband and Job Morris are cousins. The swearing “fetch him out” was by black men. It was repeated over several times. Did not hear but one way “fetch him out.” After the firing, heard no other noise. The voice was about where he was shot. Just saw a glimpse of the body as I went to the spring. The noise I thought was a clod thrown on the house.—On Sunday I swept shot off my porch.

Mrs. Mary Miller, sworn.—I live in Franklin Township; in the forks of the road that turns down to Hook’s Mill. On the night Zimmerman was murdered I heard firing between our house and Wises. Think it was near the stone quarry. I heard several guns. They were so quick I could not distinguish between the firing. In a short time I heard the men say, with an oath, “take him out of there.” In ten or fifteen minutes after, I heard gun or pistol go off again in the same direction. Did not see Zimmerman’s body. The voices and pistol firing were both very near the stone quarry; I live but a very short distance from Greens; I live a little the farthest from the quarry. Cross-examined.—I had not gone to bed; my door was shut, the windows down.—The firing was all over before I went to the door except one shot. Was not before the inquest or Grand Jury. No officers were at my house.

Sarah Ganear, sworn.—Went to Henry Suttles the night of the murder to get some money he owed me; went in the evening about 8 o’clock. He was at home. Had his shoes and coat off, and was sick. He called to Dan Ditcher. They went out and talked by themselves; heard nothing they said. Did not get my money; said he had been sick and could not get any money.—Heard nothing about a fuss; said when he got better he would dig me coal or get money. Suttles called Ditcher. (not cross-examined.)

Joseph McConnell, Surveyor, sworn.—The ground was pointed out to me. The place of finding the body was pointed by James Hayes at the time; since by Robert J. Hook. (The witness then proceded to point out and explain a draft of the battle ground to the jury.) The firing point was thirteen rods from the body; from the apples trees to the body, five rods; it is forty rods from Wises to the road at Mrs. Miller’s, that turns down to Hook’s Mill. The distance from Wises to Hooks is several rods nearer by the path. The distance from the quarry to the body cannot exceed two rods distance west. The path passes between the first and second apple trees; it is fifty five rods from Well’s house to the road, taking the line of the apple trees; nine rods from the road to first apple trees; Forty rods from Well’s house to the place of firing; straight line from his house to road, fifty rods; from the body to center of the road, three and six tenth rods.  The body could not be seen from Wells’ house, not the point of firing either. Cross-examined.—It would be nearer to go the pike to Dodysburg than to go the path. The quarry is west of Greene. Do not know from observation where the point of firing commenced, except as it was pointed out; It is south west direction from Greens to Wells’ house; The quarry is west of a straight line from Wells’ to Greens. Court adjourned at 6 o’clock.

Friday Morning, Dec 23 

Court called at 8 ½ o’clock. After transacting some Orphan’s Court business, the regular examination was resumed.

Allen Herrington, sworn.—I was with W. Seely Zimmerman the night he was killed. When at Wise’s there were with us George Wisecarver, McVay, Job Morris, James Hayes and Kempsey. We went a few rods below the house; Mr. Peterson said he heard some one say, “There they come, there they come; we have got them right!” Zimmerman wanted to go the back way by Jesse Hook’s; I did not want to go that way; I pulled him off the fence. At last we agreed to go that way; some of our party said they were afraid the darkeys were down the road; went across into the field; got into the path; got about 25 or 30 yards from the first or second apple tree; we saw a company coming from the stone quarry; they came within about 25 yards of us; one man spoke, I took it to be Ditcher, and said, “Fire!” They shot some low shots, and in a few seconds they fired another round; our boys commenced backing out, we all ran kind of back, went back of Wise’s house; the last time I saw of Zimmerman was while they were firing; he started off, walking fast; after Wisecarver had passed I took out my pistol and snapped it twice; it did not go off; this was after they had fired; I then ran back to Wise’s house; after running thirty or forty yards, I received a shot in my arm; this shot was after the second round was fired; I was back of Wise’s house; I was running at the time; got over into another field; sat down a short time; there was a man passed me; I spoke, he did not answer, but ran on; did not know him; I thought I heard Cyrus Workman’s voice; when I was back in the field heard them say—”Shoot them, catch them; d__n them, kill them!” After that went into the road at stone bridge; came on into town; met Smith Green and Morris Rinehart; they took me to Dr. Blachley’s, and he took the ball out of my arm; I then went to the Greene House and staid all night. Cross-examined.—I first got in company at Bridgeport with Zimmerman, Peterson, Job Morris, McVay, Wisecarver and Hays.; all left pretty much together; did not come up into town together; first stopped at Taylor’s “Exchange,” don’t known as any stopped at the Greene House; were not all together all the time in town; was up at the corner above Strouse’s grocery; I think I had my pistol out while at that corner; some one of our crowd said the darkies were going to take us. I took out my pistol, said if they jumped on me I would work my way out. Of our party present were Zimmerman, Job Morris and Wisecarver. I was on the north side of the street, and all our company on the same side.—I think I was sitting down when I had my pistol out. Did not say the darkies were d____d scarce on the street as I recollect of. I said my revolver was good for six of them if they jumped on me. There was a difficulty near where I was in the street. I think of our party on the opposite side of the street was Zimmerman, Job Morris and Wisecarver. There was a difficulty between us and the darkies. A darkie came along and Zimmerman said he sauced him and he knocked him down. I told Zimmerman he had got into a scrape and he had better leave. I was no farther up street; I went down a short distance and turned and came towards the Court House, turned the first alley, came on and came up on the street at the Green House. Went up street again about 25 yards, was to no alley; did not look into a Barber shop. Zimmerman was not with us to all this round. When we left place of disturbance we ran, all started to run. ** ********* was saying, “There you’ve killed that man, and I know you.” I heard some noise, it was like a signal. I think it was Morris. Don’t think we went into Green House. I was in at Green House and took a drink before the darkie was knocked down. Zimmerman said the darkies had been threatening him, showed a small club, said if they molested him he would use it. I think he was talking with the Landlord at the Green House at the time. We all started together from the Green House. No command was given by Morris, we went down the middle of the street, went in no particular order—was not in a line. Don’t mind saying to Joseph Yeater, that “I fired before the darkies did by G_d. “Don’t mind telling George Nisely that I snapped my revolver all around. Don’t mind of telling him that we were going to Alfred Well’s house to attack him. Don’t recollect of any conversation with Knisely. Did not tell him that the fight was nearer the creek than the road. Don’t know that I had any conversation with White or Bealer upon the subject. Don’t know that I told whether they were whites or darkies upon the ground. Don’t know that I told Knisely that I snapped my pistol at the breast of a darkie. Stopped next day in front of R.W. Downey’s Office. Downey remarked, “they rather put you through last night.” I replied; “yes, and if I get a chance, I will put them through.” I remained in the field below the bridge about two minutes. Got the pistol the night I started to town. The man I got it off said it was loaded. Zimmerman had something that looked like a sledge handle, some of the others had something like canes. I think Peterson had a revolver. Heard the darkies talking to Zimmerman. Could not tell what was said. Heard something running like horses in the field. Was at the inquest of Zimmerman; I believe I told some one at that time if my pistol had went off, I would have killed some of the darkies. (Witness refused to answer the following question, as it might implicate himself. Were you at McDonald’s (colored) about a week before the murder?) I may have told Rev. Whitlatch that the darkies had got to leave Dotysburg, I notified Genus Rice, (colored) to leave Dotysburg; I told Rice we had fixed up a rule that no colored persons should stay in Dotysburg. I knocked Lewis Monroe (colored) down; I know a colored man by the name of Stewart, I understood he threatened to shoot me, caught him, examined him, walking him on his hands a few steps—took Seaton and his gun up to Lantz, had been offered a gallon of whiskey for bringing him up. For the prosecution.—Not in much pain from the wound; fainted at Dr. Blachley’s office; got my pistol from Jack Huss; got it because I had been threatened by the darkies, for the purpose of safeguard. When I entered the field I was going home, went across the field because we were afraid of the darkies; I notified the darkies to leave because they threatened and blackguarded the people who went through town. Seaton’s house was considered a house of ill fame; Seaton and others who came there blackguarded white women.

Maria Redmond, sworn.—I reside on Greene street, near the foundry; was on that street the night Zimmerman was murdered; saw colored persons passing there; I was down by the watering through; they were going eastward; it was after prayer meeting; I heard firing; it sounded as though near Sarah Ganear’s; the colored persons passed before the firing; I recognized William Workman and Henry Suttles; Will Workman walked as though carrying something; I have known them long enough to know them anywhere. Cross-examined,–I was not far from the fence; three darkies were walking in single file; Workman was before; Henry Suttles behind; I saw none but these three.

Charles Bradley, sworn.—I live on Greene street, just South of Court House; I saw darkies pass; I thought there were forty or fifty of them; I was on the porch; I whistled three lines, they ran down street all in a body, but two or three stopped at James Hunnell’s. Not cross-examined.

Keziah Rush, sworn.—I was at Chapman’s in Hookstown; we were getting in bed when we first heard thing; we all ran up stairs to the window; Jas McVay came running to the door, and begged for God’s sake to be let in. Just after we let him in the darkies came running after; they came running up the road, one after another, and got over into Hook’s field; as soon as they got into the field they said, “Captain, surround the field, search that corner.” I could not call any of them by name; knew none of them, though by the voice, I thought it was Bob Suttles that jumped the fence first. The firing was below Wise’s house. Cross-examined.—None but in our own family went after the firing/dring. McVay and Peterson *** at about two o’clock, they thought.

John McCurdy, sworn.—I was in Waynesburg on the evening of the killing of Zimmerman; I saw a darkey enter Ditcher’s barber shop with a shawl on and something under his shawl, which I took to be a pistol or knife. The shawl was dark colored and much worn. Cross-examined.—I do not think it was a fiddle, it had silver mounting on the end. Court adjourned at 11:35 a.m. Friday Afternoon, December 23Court called at 2 o’clock.

George Wisecarver, recalled by Defence.—The morning after the murder I had some conversation with Hiram Rinehart. I think I did not tell Rinehart that Zimmerman said he he/we will go down and give old Alf a round; and that Zimmerman would go that way, the rest did not want to go that way; I did not tell him that we went to Alf’s house, and the and the darkies came on us when at the house or near it; or that some of the darkies *** *** *** Morris Greco’s house. By the Prosecution.—Was on the ground of the murder this day; December 23, went with Joseph McConnell and another gentleman; showed them were we got into the field, and where the firing was; showed them also the manner in which the darkies approached us.

Allen Herrington, recalled.—(Witness’s testimony about same as last testimony of George Wisecarver for prosecution. Cross-examination.—I have since been on the field where the murder was committed; pointed out the place of firing, it is *** fifteen yards from the path; **** *** saying to Whitlatch that we intended to drive all the d__d darkies out of town or neighborhood.

Joseph L. McConnell, recalled.—Allen Herrington and George Wisecarver to day pointed out the place they crossed the fence; it is the same that has been pointed out by James Hayes. Hays was not along to day (Dec 23.) They also pointed out the place of firing, it is the same. Cross-examined.—The place of crossing is forty-one steps from Wises’s house.

James P. Cosgray, sworn.—Am constable of Marion township. I arrested Dan Clifford, Dan Ditcher, Robert Suttles and Wm Workman. Arrested Ditcher in his Barber shop under the Hamilton House. I went into his shop. He was shaving a man. I told him he would have to get some one else to attend his shop that he would have to go with me. He said he did not know what he had done that I should arrest him. I told him that I thought there was enough done to arrest all of them. He said he went to bed about 8 o’clock, and was not out afterward. I went to the house where Ditcher lives to arrest Daniel Clifford. He was eating. He quit eating and commenced rubbing his hands. I told him I wanted him on the street for a witness. He got up and went with me. Going along he said it was a d__d fine thing he was not with those fellows last night. I asked him why. He said some of the colored persons had been trying to get him out, if they had they would have killed him. Got to a Blacksmith shop, I then said “Dan he squire has moved his office to the jail. He said By G_d I thought there was something of that**!Cross-examined.—I arrested them early in the morning. It was an hour or more after I arrested Ditcher until I arrested Clifford. To Questions by Prosecution,–I knew Peterson and McVay. Peterson was quarrying stone; Peterson breaking stone—Have endeavored to find them. I went to Wheeling; got two Police officers and went round in search; advertised in two daily papers that they two would hear something important by calling at the Monroe House the next day by 11 o’clock; could not find them.

District Attorney, McConnell, sworn.—Am District Attorney, I tried to get Peterson and McVay present at this trial. I directed Constable Cosgray to go to Wheeling in search of them. I expected them to be present until Cosgray failed to find them. Cross-examined.—Did not try to find them in Fairmont? Kempsay was present before the Grand Jury last Court.

Thos. J. Kent, recalled.—On the night of the murder of Zimmerman, I was sitting on the corner of the Court House square; three of us were sitting there. Some of the boys came up from Dodysburg; one of them was Zimmerman. Later, I saw two men walking the street, one leading another. We called—they made no reply. In a short time Morris Rinehart came down and said Allen Herrington was shot. I went up to Dr. Blachley’s shop; looked in; saw Allen Herrington bleeding; Wm Campbell holding him; he stepped back and Herrington keeled over. Campbell said “it’s about all day with him.” Went from there to Esquire Webb’s; from there to Sam Groves; could not get in. Went from there to my mother’s; discovered they were still up. I started down street; picked up a stick; recognized it as one I had seem Zimmerman have that day; put the stick under my coat on the left side; went down to a stone bridge. When I got home I heard a noise on my right. I walked on till I got nearly square with Wise’s house; saw a light in the house and stopped; light disappeared; went on short distance farther; startled by a noise on my right; stopped still on the road; heard voices; I turned back through fear more than anything else; came back near the fence that separates Wise’s yard from Hook’s field. Heard a voice say “Daniel!” no reply—the next thing I heard was “Ditcher!” called; the answer “what.” The voice that spoke Ditcher said, “Do you think you have killed him?” The reply was “I don’t know, but I think I gave him a dead shot.” I then heard one laugh; I think it was Robert Suttles. I think I know the voice that said- “I think I gave him a dead shot.” I think it was Ditcher. Before starting down the road I heard a voice say; “where is big lips.” A voice spoke and said, “I believe he is in Morgan Wise’s.” I then started east; and not very slow either. I then got on the fence; stayed some time there; returned to Waynesburg. Cross-examined.—Went then to Grove’s; knocked three or four times. Grove’s wife told me not to put my hand in at a broken pane of glass. I opened the door; went in and to bed. Did not tell Renick Clark that I went down an alley back of the Hamilton House. Zimmerman did not ask me to go with him that night. Had a difficulty with Ditcher about six years ago. Did not say any person who took the darkies part was a d____d mean man. Was at Blachleys but a very short time; was at Webb’s well just long enough to get a drink. Cannot tell how long I was going down to Wise’s. Was not before the inquest or Grand Jury.

John McCurdy, recalled.—(The shawl was shown witness.) Could not say it was the same or not; was similar in color and appearance. The Prosecution at this point closed their testimony. George L. Wyly, Esq., then opened for the Defence in an exceedingly well-timedand eloquent speech, which our space will not permit an attempt to report. The Jury desired they might be permitted to attend Court on the Sabbath. The Court granted the request, provided they could all agree to attend one Church. Accordingly, attended by the proper officers, they visited the Baptist Church. Court adjourned at 6 o’clock.

THE DEFENCE

Saturday Morning, Dec 21

Court called at 8 ½ o’clock.

William Monroe, (colored) sworn.—Henry Suttles was at home on the night of the murder; I came up to Strouse’s for tobacco; Henry Suttles was at home all night; I was not gone more than half an hour. He was at home when I came back; I staid all night; he was sick; was in bed most all that day; he had been unwell for about a week. He had not been any place for three or four days; he slept in the same room I did. I heard one shot; Henry was then at home; his mother knocked at the door about that time and spoke to Henry; he answered. Cross-examined—I came to Strouse’s about 7 or 8 o’clock; widow Ganier was there that night before I went in; Henry Suttles was there but can’t tell whether he had his shoes on or off. Delila Homes and Rachel Pershent(?) were there; don’t mind any one else coming; retired in about one hour, no colored persons came there after I went back; Mrs. Ganier was just out in the street; Suttles was in the door; no one called Suttles out that I know of; I could see Suttles all the time she was there; started to Strouse’s immediately after she left; had not been sound asleep when I heard the shot; had been to bed half an hour when I heard the shot.

Delila Homes.(colored), sworn.—Was at Henry Suttles’ house the night Zimmerman was killed; Henry was at home in bed that night; I saw him there between 9 and 10 o’clock. He did not go out as I know of; Sarah Scott and Mary Jane Baker were there between 8 and 9 0’clock; the beds were but a very little distance apart. Cross-examined.—I was at that time living at Suttle’s house; I was at Lazear’s; left there about 5 o’clock; got to Henry Suttle’s just after sundown; was not quite dark when I got there. They (Scott and Baker) came after dark; Mrs’ Ganier came there after they did; she sat in the corner next the road, on the inside; Henry Suttles was in bed all the time she was there; Sarah Ganier was not there more than half an hour. I think William Monroe was not there while Sarah Ganier was; he did not come till William Workman brought him there; he did not come for more than half an hour after Mrs. Ganier left; he first went to Aunt Betty’s; he staid there about half an hour then came in and went to bed; Henry Suttles remained in bed all the time; I heard no firing.

Sarah Scott, (colored) sworn.—I know the night Zimmerman was killed, was at Suttles that night between 8 and 9 o’clock, was there but a short time, Henry Suttles was at home; went from there to Bakers, met them upon the street, then came up on the street; returned again to Bakers; passed Suttles, saw Henry sitting in the house, had his coat off; Mary Jane Baker was with me. Cross-examined.—Was in the house the first time; this was before dark; passed the second time after dark.

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Elizabeth (Betty) Suttles was the former Slave of W. T. Hays

Elizabeth Suttles, (colored) sworn.—I was at home the night Zimmerman was killed, Henry Suttles was at home that night; I saw him at home when the guns were fired. I spoke to him just after the guns fired and he answered; he was lying on the bed against the door; the house has two front doors, there is a chimney in each end of the house. I was up at Rev. Jeffrey’s that day; returned after dark; between 6 and 7 o’clock; Delila Homes was there when I went home, also Wm. Monroe; Sarah Ganier was there, came after dark awhile. She sat down before the fire; Henry was lying on the bed when I went out, he had his coat off; Wm. Monroe was there when I went. He then went to get some tobacco; I do not know when the Widow Ganier went away; they had fire in the house, it was a coal fire, the door was open, after I went out and made up my fire, I returned in again; think I staid about a couple of hours, then went again in my own house. I heard the fire between 10 and 11 o’clock; heard the firing in about two hours after I returned to my own house. For the Defence.—Henry Suttles was not well, had been sick for a week.

Mary Jane Baker, (colored) sworn.—I was at Henry Suttles’ door a few minutes of nine o’clock; I saw Henry Suttles, he got up and went out of doors; I staid there till he went in again; I was there about ten minutes; Sarah Scott was with me; went from there to Mrs. Nancy Hooks, was not there again that evening; passed there but did not see him, went home to my fathers with Sarah Scott; Henry Suttles was sick; had his shoes and coat off, did not see Will Monroe there. Cross-examined.—Sarah Scott was not in the house; I know it was before nine o’clock because when I got to Hooks it was striking nine; did not see Delilah Holmes there; did not see Eliza Holmes there; Neither of us stopped the first time, going down. For the Defence.—Sarah Scott got in company with me at Mrs. Mary Hooks, and went with me to my father’s house.

Sarah Haldeman, sworn.—I saw Alfred Wells the Day Zimmerman was killed, coming up the hill the other side of Rhodes; he was driving slow, and his wagon seemed heavily loaded; I was riding middling fast and passed him; I came tolerably fast to Waynesburg, the Church bells were ringing for prayer meeting when I came to the watering trough. Cross-examined.—Passed him about the middle of the hill.

Jesse Hook, sworn.—Alfred Wells was a hand in my employ at the time Zimmerman was killed. That day I sent him to Rice’s Landing with a team; he returned that evening about 9 o’clock. He drove up and I assisted him unhitch. He fed his horses and came down in and eat his supper; then sat down and talked a while about the affairs of the day. We then got up and put out the horses into a meadow; the same meadow in which Zimmerman was killed; I think this was about 10 o’clock. I heard no firing that night. Cross-examined.—I was about home all evening. Was not out much after Wells put away the horses till he went home; I think it would be doubtful whether the firing could be heard from where he was eating supper.

Hannah Wells, (colored) sworn.—The day Zimmerman was killed, Jim Wells came down to our house; asked whose gun that was; Hester said it was the one Pap borrowed from Hooks. He then asked to borrow it. Hester told him she could not lend it. We were going across the creek after wood. When we come back, Jim and the gun were gone. It was before the dinner bell rung. We went that evening to Uncle Cyrus Workman’s. Did not go back home that evening. Cross-examined.—Uncle Cyrus Workman lives on Green street in brick house. He is the father of James and Wm. Workman. When we went away the gun was sitting by the bureau. When we came back Hester looked and the gun was gone. I did not look.

Wm. T. F. Webb, recalled.—I believe I know Jim Wells; there was a warrant issued for him the day after the Inquest; he was not arrested; could not be found. (not cross-examined.)

Samuel Williamson, (colored) sworn.—I live in a house this side of Hook’s Mill, in a line east of Wells. I was at home the night Zimmerman was killed; heard firing of guns; thought it was just above Alfred Wells, near a little locust grove; I heard the firing distinctly, four or five cracks, one after another. There is but one locust grove near Wallace house. Cross examined.—I had not gone to bed at the time; was lying on the bed; was not very well,; my family was in; the doors were all closed; got up and walked out onto the porch; did not see anything. I heard a gun or pistol which seemed over toward the stone quarry; my porch is on the north side of the house. I am sure I was not asleep; heard no voices. I had been at home all day. I suppose it was 9 o’clock, or after.

Geo. F. Wolf, Esq., sworn.—I am a surveyor by profession. The Diagram shown correctly represents the position of Alfred Wells’ house, the locust grove and Samuel Williamson. From the locust grove to Wells’ house is, I think, nine rods. From Williamsons to Wells’ 26 rods; and 15 rods from the Mill to Williamsons. Cross-examined.—From Wells’ house to the path in the direction of the body, 38 rods. Persons passing round the bluff would be out of sight from Wises up the quarry. It is fifty two and one half rods from Wells’ house to where the body was found.

Elizabeth Cunningham, sworn.—Was living at Jesse Hooks at the time of the murder, heard the firing; it was right in the middle of the field. It was nearer Wells’ house than the road. I was in the house when the first guns went off. When I got to the door I heard some one say “where is he now; G—-d d—–n him, catch him!” The noise seemed near the stone quarry. Saw persons running from towards Alf’s house toward the turnpike; could see them; they were in the middle of the field in front of Jesse Hook’s house; saw persons running after the firing, before I heard the voices at the stone quarry. Cross-examined.—The persons I saw running were near the path coming from Morgan Wises’ house to Hooks. The firing was where I first saw them. Immediately after the swearing near the stone quarry I heard the firing and saw a flash.{To The Court} I saw them running on top of the hill.

Daniel Day, sworn.—We had a contract on the pike, between Dodysburg and Bridgeport; was over the ground where the fight took place, next morning about sunrise. I found a club on the south side of the path, ten or fifteen yards off. It was a hickory club, took it to M’Kanan’s Hotel; put it in a cupboard—more there like it.

Samuel Williamson, (colored), recalled.—A path turns off just before you get to the first apple tree—it leads to the Wells’ house. Can’t say it was used any more than by boys running along it for apples. Cross-examined.—There was a dim path along there before the murder. The grass over the field was half leg high. Along the road it was not so high. They would not likely see the path in day time unless they took particular notice to it. Never told Joseph Taylor or Danl. Day I knew any thing of the firing.(For the Defence.) There were Prayer meetings held at Alfred Wells’ on Sabbath and Thursday nights. Court adjourned at 12 o’clock PM. Saturday Afternoon, Dec 24, 1859Court called at 2 o’clock.

Emily Williamson, (colored) sworn.—I live near Hook’s Mill. I was at home the night Zimmerman was killed. Several guns were fired that night—it seemed between the locust grove and back of Alf Wells’ house. I was sitting by the fire at the time. It was between 9 and 10 o’clock. I had not gone to bed. Cross-examined.—George Washington (colored) was at our house that night.—He was in the kitchen, in bed. My grand daughter, daughter, two sons and husband were there. Can’t tell you how many shots were fired. When I heard shots went and called Sam—had not much trouble in waking him up. Called him—he answered “what”. He said he thought it was shooting. Did not take hold of him. Don’t know whether Sam went to the grove or not. None of us knew anything of it that night. 

(At this point the defence offered to prove the following: That a conspiracy was formed among Saml. Peterson, James McVay, George Wisecarver, Allen Herrington, Joseph Campsey, Job Morris, W. Sealy Zimmerman, and James Hays, to run-out, drive out, by beating, wounding, and killing, every colored man and woman, including the Defendants, residing in Waynesburg, Morrisville (called Dodysburg) and the neighborhood thereof. And in pursuance of said combinations and conspiracy, the said Samuel Peterson and others above named, went to the Dwelling house of Alfred Wells, as colored man, residing in the neighborhood, (on the night Zimmerman met his death), and commenced an attack upon the dwelling of said Wells and upon the persons assembled for the protection of said family.) 

Exceptions taken by the Commonwealth. (Per Curram) We sustain the objections so far as to exclude evidence as to particular individuals—but will allow evidence of general threats to drive off and expel the colored folks from the neighborhood—which will include the residence of Alfred Wells—but will also receive evidence of threats by those persons to attack the dwelling of Wells and all the evidence referring to said attack. SAMUEL GILMORE (seal) 

Rev. Barnet Whitlatch, sworn.—On a certain occasion, Allen Herrington told me in Huffman’s Blacksmith shop, in Dodysburg, that “we are determined to drive off all the d—-d darkies out of the neighborhood.” On another occasion, he said, “Our bills are all up, we intend to carry them out to the letter, we intend to drive all the d—d darkies out of the neighborhood.” By this conversation, I understood him to refer to his confederates. The second conversation was inside of ten days before the Homicide. (Not cross-examined.)

Joshua Besler(?), sworn.—I was at McDonalds a short time before the murder. Saw there Job Morris, Sam Peterson, Allen Herrington, James Hays and others, don’t recollect who. Cross-examined.—Wm. S. Zimmerman was not there, did not see Hays do anything there.

Eugene Rice, (colored), sworn—I heard Morris and Herrington say they intended to drive off all colored people from Dodysburg and Waynesburg; this was a few days before the murder; heard it the last time about the middle of August. Cross-examined,–They told me this in Dodysburg.

Solomon Gordon, sworn.—Heard none of the whites except Herrington, say they intended driving the blacks from Dodysburg. Cannot tell the times it was before the murder; the threat was made in Huffman’s Blacksmith shop; it was made to two colored persons, Garrett and Keder. Cross-examined.—Huffman is a brother-in-law of Herrington.

Martin Clayburn, (colored), sworn.—Heard Herrington say the colored people were here, working for little or nothing, and he intended to run them all out. Never heard him say he had run any darkies out; heard him make threats the 2nd day of August; only made them once. Cross-examined.—Made these threats in Huffman’s shop; don’t know as he named Waynesburg; Solomon Gordon was there.

Andrew Lantz, sworn.—Job Morris, Allen Herrington and George Wisecarver said they were determined to run all the darkies out of the land; they notified me to move Seaton. They told me there should never be another colored man work on my place. Never heard Zimmerman say anything about the colored people; they ran Seaton out; they said they would beat them till they all left.

Jacob Rinehart, sworn.—I heard Job Morris and Allen Herrington say the darkies must all leave; it was a while before Zimmerman was killed; heard them say so more than once.

Heaton Rinehart, sworn.—I live about three and one half miles below Waynesburg; I believe I heard Herrington utter threats; it was before the killing of Zimmerman; heard these threats more than once. Cross-examined.—I only heard him speak of Dotysburgh.

Erwin Stewart, (colored) sworn.—I am acquainted with Allen Herrington and George Wisecarver; never heard them say they intended to drive out the colored people. Job Morris *** *** leave; Herrington was **** **** **** they caught me in Dodysburg, they would kill me. It was on Sabbath. Cross-examined,–They told me never to come into Dodysburg again.

John McCurdy, recalled.—I live in Smithfield, Fayette County, Pa. I was in Waynesburg on the 25th of August last. That day heard a quarrel between Ditcher and Zimmerman on the western steps of the Hamilton House. Zimmerman dared Ditcher to go through Dodysburg. Zimmerman offered to bet five or ten dollars Ditcher could not, or dare not go through Dodysburg. Ditcher’s reply was if his business called him he would go; and if any man molested him on the highway he would do it at his peril. Zimmerman then left, and said he would see him again that night; this was before supper time. Cross-examined.—Don’t recollect of Zimmerman saying Dan, I understand you have threatened me that I dare not come to Waynesburg, Zimmerman said to Morris, “let’s take the oats down.”

Jacob Haden, sworn.—I reside within about half a mile of Brumfield, Fayette Co., Pa. I was in Waynesburg on the 25th of August last; I heard a quarrel that day, between Zimmerman and Ditcher. It was about 5 o’clock. (Partly omitted because merely corroborating McCurdy’s)Zimmerman’s language and manner rough; Ditcher about the same. Cross-examined.—Zimmerman told him he had come up to ask him if he had not threatened him if he (Zimmerman) came to Waynesburg. Ditcher denied that he had.

Court adjourned at twenty minutes to 4 until Monday at 9 o’clock, A.M.

Monday, December 26, 1859

Morning Session—Court called at 8 o’clock.

Isaac Sturgis, sworn.—On the 25th of August last I was in Waynesburg near the Hamilton House. I saw Zimmerman on that occasion—saw him first about the middle of the afternoon—think he came from Dodysburg; Job Morris was with him—I think James Seals was also with them—saw him in Ditcher’s Barber shop. I believe he stated when he came out—that he had gone into Ditcher’s shop for the express purpose of giving him a round, but his heart had failed him—that he was unshipped; that he had no right to commence on him in his shop. Zimmerman told me after the quarrel he was coming back at night. Sealy asked Ditcher if he thought he could run him out to night—Ditcher’s reply was he did not wish to run him or any body else out. Zimmerman then asked him if he had not made his brags that he had run one Dodysburg fellow out, and that if any more come up he would run them out? Ditcher denied any such thing. Sealy said he understood that he had run Job Morris out the night before; Ditcher denied this. Zimmerman then offered to bet him 5 or 10 dollars that him or no other black son-of-a-bitch could go thru Dotysburg the nest day; Ditcher replied if his business called him through Dotysburg he would go and if any body molested him he would defend himself. Zimmerman said he would be back that night, that he wanted to go down and get some of his fellows. I advised him if he went home he had better stay there, that the negroes were armed to the teeth; he said he was not afraid, that he “intended to make a clear sweep of all he seen on the street that night,” that they had better keep near home. Not cross-examined 

John Hoge, Esq. sworn.—Zimmerman came to the well where we were working on the 25th of August last; he commenced talking about Job Morris being ran out the night before. He was talking to Thomas J. Kent. He said “they would not run him out that night;” he said “they were going to drive all the d—d niggers out of town or kill them;” about that time he showed a club; he said “if that was not sufficient he had a thing here, (placing his hand on his breast) or if that would not do he had something here that would;” (placing his hand on his coat pocket)—he said “if they didn’t keep close to their holes that night, some of them would lose their scalps.” “We have drove them all off from our place and we intended to from Waynesburg.” He said “the people ought to join in and drive them off in a body.” He then went off and I saw him no more till I saw him dead the next morning on the field. Kent told him to go home and stay there, for the darkeys were all armed and he would get hurt; I don’t think he asked Kent to assist him. Cross-examined.—Zimmerman was at the well between 4 and 5 o’clock in the afternoon.

Charles Bower, sworn.—On the day Zimmerman lost his life. He came to the well; in reply to me he said, the niggers about this place, (Waynesburg) and Dotysburg have been carrying on with a high head and they shall take back all they have said and keep in their holes to night or take a hell of a drubbing;” he then walked away. (not examined)

Thomas Hoge, sworn. (Corroborating the testimony of Hoge and Bower.)Cross-examined.—Don’t recollect of his saying he had a quarrel with Ditcher that afternoon; he said they ordered Job Morris to leave the night before, and he done so.

Saml. McKahan, sworn.—I saw Job Morris at my house the night of the murder of Zimmerman. Zimmerman was there too. Saw none of them have clubs. Job Morris came to me just before supper. He asked for a club or pick handle, I refused him. I told him I would not give him a club if I had a room full. Did not see Herrington that night. I did not see them leave. I did not know they were going to town. Cross-examined.—Job Morris was not boarding with me at that time. I hired Zimmerman again that morning. They eat supper about candle lighting. Zimmerman was living in Dodysburg. He moved their from Waynesburg last spring.

John Golden, sworn.—I was at John Hunnell’s the night of the murder. Saw save all persons from town, could not recognize any but Job Morris. There was five of six in company with Morris. They all had something like axe handles. Shortly after two more persons came along. One of them was Zimmerman. He was busy talking. I knew him by his voice. Could not tell what he was talking about; one of the first crowd said “lets see Jim Seals.” I recognized Morris by his voice, walk and appearance. Was very close to him. Cross-examined.—Would not know Peterson or McVay in day light.

Shadrach M. Sellers, sworn.—Keep the Green House; I was at home the evening Zimmerman was killed. Zimmerman, Wisecarver, Job Morris and Herrington were at my house that night in my bar room. First thing they had was a drink. Zimmerman the threw his shillelah (sp) on the bar and swore they intended to kill from a half dozen to a dozen niggers that night. He then drew out a dirk, and said that was not all yet, (placing his hand on his coat pocket.) I advised him to make no fuss. He said they would kill from six to twelve niggers that night. The Dotysburg crowd were all present at that time .Cross-examined.—He did not say anything about if they attacked them, of that their was a fuss between them.

Charles Weltner, sworn.—I saw W. S. Zimmerman, Morris, Herrington, Wisecarver, and McVay in town together the night Zimmerman was killed. Heard Zimmerman say he had come to town to bax the darkies. This was just after Monroe was knocked down. He said “if a nigger came past and said, “How do you do?” I would answer by a flourish of a club.” Heard nothing farther. Just before Monroe was knocked down, Zimmerman said, “Come on boys, now is the time to watch the d—d nigger.” ON starting home they went single file. I was in Ditcher’s barber shop when he put out his lights, or shut up; I told Ditcher the Dotysburg boys were up and were going on to the back street. Ditcher then put out his lights and said he would go home. Cross-examined.—Did not see Clifford come in; Turner and David Taylor were in; I took Ditcher aside. For the Defence.—Turner was taking off his coat; Ditcher would not shave him after I spoke to him.

David Taylor, sworn.—I saw Zimmerman, Herrington, Job Morris, and Wisecarver in town the night of the murder of Zimmerman. I heard Morris say to Zimmerman their intention was, when they came to this place, to take the niggermen, women and children out of their houses. This was on Campbell’s corner, I did not say any thing to the colored folks about it. Cross-examined.—From Campbell’s corner, I went to Ditcher’s Barber Shop.

Andrew Fraikes, sworn.—I live on Main street, opposite the “Republican.” office. On the night of the murder I saw in town, Zimmerman, McVey, Wisecarver. Peterson, Job Morris and Herrington. They were all together. I saw them on the Court House corner; all had clubs; heard Morris say they allowed to knock some darkies down if they could find any on the street. They went up street, stopped at the old stone cutter’s shop. Dick Adams, Colin Minor and I went up street to the stone cutter’s shop on the opposite side. The old shop is just opposite. Herrington was there sitting on the steps; he had a club in his hand; he laid it down and said, I have something better than a club; he then pulled out a pistol and said “that is good for six of them.” He then got up and went on the other side of the street. The night was middling dark; we could not tell a white man from a black one, lying on the ground without a candle. Saw Zimmerman other times that night; I saw him at the Green House sitting on the railing; he caught me; I said “Sealy I am no nigger,” he replied; “It’s well Andy you spoke; I might have killed you with this club’” They then went down street; did not see him draw a club on any other white boy. Cross-examined.—I am sure I saw James Hayes with them on the Court House pavement; I am sure he went up street with them. We followed after them; saw James Hayes at the stone cutter’s shop; Herrington crossed a few minutes before we did; we crossed at Wm. Campbell’s house; Herrington and Job Morris were on the opposite side of the street; we could see them across the street; they did not turn till they struck the darkey; then they all run; don’t mind whether James Hayes was with them or not when they left the Green House.

Clark Inghram, sworn.—The night of the murder of Zimmerman, I saw him (Zimmerman) and James McVey; I was on the corner of the Court House pavement; I was up street but did not see them there; afterwards saw Herrington at the Green House; Job Morris stept out and caught me and told me to stop; Zimmerman got up behind and drew a club; Allen Herrington was in front; I said to Job, “you don’t take me for a nigger do you?” He replied, no; but we were looking for niggers.”

Dr. A. Loar, sworn.—I was out the night Zimmerman was killed; returned the first time about 8 o’clock; went out again and returned between 9 and 10 o’clock; is was so dark I could not go along the street without blundering. Cross-examined.—Did not hear anything about the homicide that night; heard some firing but did not take particular notice of it; it was ten o’clock when I returned; I had been to the house of E. M. Sayers, Esq.

Geo. Hoskinson, Jr., sworn.—I recollect of seeing Zimmerman the night of the murder; he was in company with some other persons, and talking; they stopped occasionally; saw the crowd in a short time come down the street. One said “lets go into the Barber shop and if there are any niggers there we will hoist them;” Don’t recollect whether they had clubs or not. Cross-examined, I was in the crowd in front of the Barber shop.

Alfeus Myers, sworn. The night Zimmerman was killed I saw him (Zimmerman), Herrington and Job Morris; Zimmerman said just as he passed, he would either kill a nigger that night or be killed himself. I was very close to him. Cross-examined. They only passed me once; It was at Emil Reis’ window; I was crossing the street when they looked into Cain’s Barber shop. For the Defence. When they were looking in the Barber shop, one of them swore if he was in there he would beat his brains out.

Robert Sayers, sworn. I saw Zimmerman and Wisecarver in town the night of the murder. George Hoskinson, Epsy Myers and I were together; I saw Zimmerman raise his club and yell like an Indian; His men then came around him; they come from different corners .Cross-examined. The yell was such as the Indians gave who were with a show.

George Hellams, sworn. The night of the murder, I saw Zimmerman, McVey and Wisecarver, I saw them first in Taylors shop; McVey said he intended to have a nigger’s scalp that night. Court adjourned at 12 o’clock. Afternoon Session—Court Called at 2 o’clock.

Joseph Ryan, sworn.—I am acquainted with Zimmerman, Herrington and Morris—I live in the east end of Dotysburg—heard Job Morris and Herrington tell A. Lantz that he must move Seaton away, and that no colored man should hew his timber. That no negroes should stay in the neighborhood. Shortly after was in Huffman’s blacksmith shop. Morris said no niggers should stay in the place. That there was whites enough to do the work. I asked him if they were going to Alf Wells’ and Sam Williamson’s. He said “yes” I told him Alf would bring the Law in force against him. He said he “did not care a d—n for the law—that he would knock his head off.” I named five families of Negroes below town and two above—he said “they were going to run them all off.” I often had conversations with Morris upon the subject of his going to Wells’ and Williamson’s. Cross-examined.—This conversation was in Huffman’s shop—at one time Clayburn and Huffman were present; I had two conversations with him at Huffman’s shop, I am sure Herrington was present. I am not sure whether Morris and Herrington both spoke to me the same day or not.

George E. Minor, sworn.—The night of Zimmerman’s murder I saw Job Morris going out of town. There were 8 or 10 with him and going abreast.. I heard one whom I took to be Morris say “heads up my bullies—dress the line my bullies.”  They were in the middle of the street—I think the man who gave the command had a stick in his hand. It was between 8 and 9 o’clock. (not cross-examined.)

Hiram Rinehart, sworn. I had a conversation with Wisecarver, and in that I think he told me that when about Wises, Zimmerman said “we will go down and given old Alf a round”; he said Zimmerman got on the fence. The rest did not want to go, but Zimmerman would go; I am not exactly certain where he told me this. They concluded they would cross the fence and take the path; they did, not all of them willing to go that way. I thing he said they went as far as the apples trees, when they were charged upon. (not examined)

George W. Kiseley, sworn.-The night of the murder, I was with Herrington at Blachley’s office; while his wound was dressed; while there, Herrington frequently said “he snapped the pistol at one of the nigger’s breast, and if that d—d thing had went off there would have been one nigger less.” Sometimes he said he “snapped it clear round,” and sometimes twice; when I went in I asked him what was the matter; he said he was shot. I asked him where it happened; he said “in Hook’s field—in the one near Wises, near the road.” I asked what he was doing there, his reply was—”we were going down to old Alfs.” After his wound was dressed, I secured him lodging for the night, at the Green House. In the morning said to him, “Allen that’s bad work last night.” He answered in a low voice, that’s a fact.” He said the fight took place in the field nearer the creek than the road. Saw no weapons about him; except the pistol; I examined it, it was loaded in all the barrels; the spring in the pistol was not a strong one. Cross-examined. The cap under the hammer and the one next to it was slightly dinged. He was badly scared; tolerably drunk; and suffering some pain. I don’t think I ever stated to James Parker that he was not in his right mind that night.

Joseph Yeates, sworn.—I was present at Blachley’s office part of the time Herrington was getting his wound dressed; he said if his pistol had went off there would have been two darkies less; I asked him did he try to fire before the niggers did, he said “yes, by G-d!” I think I left him about a quarter after 10 o’clock; Dr. Blatchley took a butcher knife out of Herrington’s pocket and returned it again.

Samuel William, (colored) recalled,.By the Prosecution:–I did not tell Wm. Helphenstine that I was in bed heard nothing of the dring; I did not tell him that all my family was in bed at the time; I did not tell Gen. Lazear that I did not know what the fuss was till next morning; I never had any conversation with Helpenstine about the matter.

Shadrack M. Sellars, recalled.—I was in the room Herrington slept in after the murder; I took a knife out of his pocket I would call a Butcher knife; I out it back in his pocket again.

Wm. Campbell, sworn.—I was in Dr. Blachley’s shop when Herrington had his arm dressed; something was said about firing a pistol, but don’t recollect what; when I asked him the question where they were going in the field, he said they were going to Alfs. On the next Saturday I was on the battleground; Hays and McVey were there; Hays said he was behind the third tree of the first three; Hays asked McVey where he was when the firing was; McVey said he would go over the ground and show him where he was; he went to the second cluster of apple trees. Cross-examined.—Hays said he would show him where he was; did not say anything about where they were going; cannot say how far we were from the path; by going on far enough from the apple trees, we would have crossed the path.

John Shields, sworn.—Hays said they were going down the road with Jesse Hook; that he stopped at the door with Hook; the Dotysburg fellows were before him; he did not say they were going by Alfs, he said nothing about Alf; he said he thought he heard Zimmerman say “let’s go across the field;” I heard Hunnell say he would as life be caught going into the Court House with a sheep on his back as to testify for the d—d niggers.

Joseph Rush, sworn.—I was at work for Sayers, at the stone quarry the day Zimmerman was killed; George Seaton was at work in the afternoon; quit work about sundown. (not cross-examined).

Wm. W. Sayers, sworn.—I hired Seaton to work in the stone quarry; I think he only worked half a day; I think the front of the stone quarry is about 200 feet long. Cross-examined.—There is a way of getting out of the quarry at each end; when upon the bank it is quite level.

John Hagar, sworn.—I live on the same lot with Dr. Blachley; Blachley’s house is on the corner of Main and Washington streets; this street is the usual place for the colored people to turn down to their homes on Greene street; I was at Dr. Blachley’s the night of the killing; Herrington said he snapped his pistol twice; he thought he had been cheated in the loading of the pistol; he thought if it had gone off it would have fixed a couple of them; after the knockdown, the Dotysburg fellows left the corner very suddenly, I heard no words pass between Zimmerman and Monroe before the later was knocked down, I was within elevn steps of them; the person passing was knocked down did not say anything; Herrington said his pistol was loaded before he started from Dotysburg for killing niggers. (not cross-examined.)

Martin Clayburn, (colored), recalled.—The regular nights for holding Prayer Meetings at Alfred Wells’ are Sabbath and Thursday nights.

Lawrence L. Minor, Esq., sworn.—I recollect of John Hunnell telling me that Peterson came there with a pistol, and that he had fired it twice. Not cross-examined.

W. Downey, sworn.—Shortly after the killing of Zimmerman John Hunnel passed my house. He told me Peterson and McVey as they came running along the road on the night of the killing, when in about thirty yards, fired his pistol, and when in about fifteen yards, fired again.

Thomas J. Kent, again recalled.—They had not extracted the ball from Herrington’s arm when I left. I was not in Blachley’s shop that night. I can’t say that I heard Herrington talk any. There was some other person standing with me. I came down street alone. Met Hays, the shoemaker, at the Hamilton House. I then started with Wm. Webb. I believe I said I would go home and go to bed. I went to Mrs. Groves to ask her to remember I was there. Was not there long the first time. I did not relate the transaction to Rhemick Clark as I swear to it here. I believe I told Clark that I turned the corner at the Hamilton House stable. I told Clark I heard voices when standing on the bridge. Don’t know as I told where the voices came from. I told Clark I heard three if not four voices. I did not tell Clark that one of them said he could not get his pistol off as I recollect of.For the Prosecution.—I spoke to Clark in a hap hazard way. My reasons for talking to him in that way was because I feared I would be made a witness of.

Rhemick Clark, sworn.—I had a conversation with Thomas J. Kent on the subject. Kent told me that he come down to the Hamilton House corner in company with different persons. Was talking of going down to the ground. Finally he said he would go home and go and go to bed. That he then started and went to the Hamilton House stable—went down the alley to the to the East end of town. Then went down the Pike, Made a halt on the stone bridge. Then went on down where the body was found, and halted. Then heard some voices in the field on the right. He named over about the same persons as he has in his testimony. He named Will Workman, I think; wont be certain. He said something about one of them saying his pistol would not work well. He did not say anything about giving a “dead shot.” He said nothing about any one saying anything about “big lips.” Said he went past the cross roads a short distance and then returned. Said nothing about getting on the fence. He said nothing about going to Grove’s. Said he did not want to be a witness.

Court adjourned at half past 5 o’clock.

Tuesday The Seventh *** Dec 27 

Morning Session—Court called at 9 o’clock.

William Campbell, recalled For the Prosecution. I was going down just behind Hayes and McVey on Saturday morning after the murder. (not examined)

Edwin Minor, sworn. I saw Thomas J. Kent the night Zimmerman was killed; and again the next Morning. Did not tell me that he went home and went to bed; said “he tried to catch Jake Clifford coming down street” (not cross-examined).

Ezra M. Sayers, Esq., sworn. The defence here offered to prove certain facts by Sayers which Hiram Rinehart had told him as related to him by Wisecarver. (objections by the prosecution) (Objections sustained by the Court.)

James Lindsey, Esq., sworn. From the first of April last until recently, I lived about 3 miles from town. William Dodd was living with me the night of the murder. I left town and went home on that night; went about half the way after dark; when I got there Dodd was there. After getting home, I glanced over a Newspaper and retired, and went to sleep; after some time awoke ; Dodd was just going to bed. Cross-examined. I do not think Dodd could have went to town and returned in that time.

[Prosecution admitted that James Wells and Jacob Clifford left the morning after the fight and Brown shortly after.] 

Thomas J. Kent, recalled.—Shortly before moving to town had a conversation with Daniel Owens, between John Phelan’s and Squire Hook’s; don’t recollect what was said. I may have said that no money would induce me to go on the battle ground that night. If I did it was only to hide what I know.

Daniel Owens, recalled.—Had a talk with Kent after the killing of Zimmerman. It was near ‘Squire Hook’s, if my memory serves me right. He said “money would not induce me or any other person to go on the ground that night. Cross-examined.—The way the talk was I took him to mean after Herrington came up to town.

Milton Blachley, M.D., recalled.—I extracted the ball from Herrington’s arm about 10 o’clock. Cross-examined.—He did not faint during the extraction—he was in a chair he could not fall out of.

(The Defence here closed their testimony in chief.) 

Rebutting Testimony by the Prosecution. 

Milton Blachley, M.D., recalled.—My opinion is that at the time I extracted the bullet from his arm he did not know what he was saying. Cross-examined.—This was his state pretty much the whole time while in my office.

Samuel Montgomery, sworn.—Was in Blachley’s office when Herrington’s arm was dressed. Waived as examination as to the state of mind, from the fact that Montgomery was not a medical man.

James Parker, sworn.—Heard Nisely say, “Although I will have to swear of Herrington’s telling of going to Alf’s house—I don’t believe he knew what he was saying.” (not cross-examined)

W. Kennedy, sworn.—Heard Nisely say he did not think Herrington was in his right mind when he was telling of going to Alf’s. (not cross-examined.)

William Hays, sworn.—I am the father of James Hays who has testified here—I sent word the day before the murder for my son to come to town the next evening—[exceptions by the Defence.] I saw him at the Hamilton House.Cross-examined.—Was up street after the fuss as far as my boarding house, which at that time was at G. W. Kiseley’s.

W.T.E. Webb, recalled.—I cannot recollect Hay’s testimony at the inquest. (Not cross-examined)

Morgan R. Wise, recalled.—After the murder I had a light burning, left it so and went to bed; I think it burned about one-half or three-quarters of an hour after we went to bed; I then out it out; it was in a room next to the road. Cross-examined,–The shutter was closed; there is a window above the door. By Prosecution,–Could the light be seen through the window above the door. Ans. It certainly could.

James P. Cosgray, recalled.—I was riding that day in the Southeast part of the County; when I came to Rinehart’s saw mill, it was quite dark; came up to the Cross Roads; did not know which way to go; saw finger boards on a tree; rode up to them and read them distinctly; the darkness remained about the same. Cross-examined,–Got home at half past 9 o’clock; eat my supper, and went to the front door; could hear-distinguish persons across the street.

Hiram H. Rinehart, sworn.—Rode six or eight miles the night Zimmerman was killed; most of the distance through woods; could see objects along the road, such as trees, stumps, **e. Cross-examined.—Could not tell a black oak from a White oak 10 or 15 feet distant. I think I could have told them by the limbs. For the Prosecution.—Was going to Hudson Dowlin’s, got there 9 o’clock.

William Helpenstine’s, sworn.—I had conversation with with Saml. Williamson, a colored man in relation to the firing in Hooks field, on the morning after it occurred. The way we spoke on the subject was thus. They were putting some of the darkies in jail. I asked him if he was not afraid. He said not—that they were all asleep and knew nothing of it till next morning. The night of the murder was a clear, star light night. Cross-examined.—My wife is no connection of Herrington. I never mentioned the conversation to Lindsey.

Daniel Day, recalled—Had a conversation with Williamson. I asked him the morning of the murder where the man was that was killed. He said he did not know. Said he knew nothing of it that night. (not cross-examined)

Enos Hook, sworn.—I live with my father, Jesse Hook. I frequently pass over the path between home and Wises. There is no path leaving the main one near the apple trees, and running toward Wells. There was no such path as mentioned by Williamson at the time of the murder.

John Morris, recalled.—I am familiar with the field, and the path. There is no path turning toward Wells, and I never saw such a one. Cross-examined.—Am half uncle to Job Morris.

David Buchanan, sworn. Saw no path turning off toward Wells. Saw no path but the main one. Saw no grass half leg high’ saw none shoe mouth deep. Was among the apple trees. Cross-examined. I did not see any path turning off the main one.

Morgan R. Wise, recalled. There is no path turning off towards Wells. Cross-examined. I have often been in the field, never saw such a path.

Wm. Rhodes, sworn. I was traveling after night, the night Zimmerman was murdered. Did not consider it a dark night; could distinguish objects readily,–Reached home between 9 and 10 o’clock. Cross-examined. Don’t know as it was any darker when I got home than when I started. I was on horseback. Met constable Cosgray. My wife was with me.—We rode slow; met Cosgray on the ridge near Thomas Bayards.

John Hook, sworn. Herrington, Zimmerman, Wisecarver, McVey, and others passed my house the night of the murder. They had not time to get across the field till I heard firing. After they left I went thought the hall, out to the well. The well is in the ell of the house; I took a drink; went directly up stairs; Had a bottle of medicine, I had got for my wife. I opened the directions and was in the act of reading them when the firing took place. Cross-examined. They might have got to the first apple trees against the firing took place. Did not stay at the door; there were immediately in my company, John Morris and James Hayes. The hall door was open. Did not go into any rooms before going up stairs. The well is about 15 to 18 feet from the back door.

David W. Kenedy, recalled,–I assisted in reaching Zimmerman after the murder. Found no arms on him. (not cross-examined)

The Prosecution here closed their rebutting Testimony—and Defence called no more witnesses. 

Jury retired from the Court room at half past five o’clock, and returned at a quarter pass eleven o’clock. 

Alfred Wells and Henry Suttles acquitted. Daniel Ditcher, Robert Suttles, Wm. Workman, James Workman, Geo. Seaton, and Daniel Clifford convicted of manslaughter. 

Wednesday Morning, Dec, 28th, 1959.

Court called at a quarter of nine. To the usual interrogation of the Court as to whether the prisoners had anything to say, the Counsel for the defense answered in the negative. The Court then proceeded to pronounce sentence upon the prisoners at the bar, and after a brief and pointed retrospect of the application of the law to verdict rendered, they were sentenced to undergo an imprisonment in the Western Penitentiary for a term of five years and nine months. 

THE MESSENGER Waynesburg, PA. James W. Hays / Jas. G. Jennings, Editors Wednesday Morning, Dec 28, 1859 The Murder Trial We judge we need make no apologies for the space occupied in our paper this week by the Murder Trail, which so occupies public attention. We present our readers, we believe, with a full and fair report-for which we are indebted to our young friend Samuel Greenlee, a student in our College. Such of our readers who have had an opportunity to listen to the trial will admit, we think, its faithfulness and impartiality. The Verdict Last night upon the rendition of the verdict in the case of the negroes for the murder of Zimmerman, there was considerable dissatisfaction exhibited upon the street by noisy demonstrations, with drum and fife and transparency stigmatizing the jury—and concluding by burning them in effigy. We cannot endorse such demonstrations. They are calculated to weaken and degrade the majesty of the law—and every good citizen, regarding the order and peace of society, should be extremely cautious in giving countenance to them. However, much we may differ—and we do differ in opinion as to what should have been the verdict—it is the duty of every good citizen to abide the law and its administration by its sworn officers—and frown upon every attempt to create additional excitement upon a subject already sufficiently exciting.

~ Researched and transcribed by Bill A. Davison

Commonwealth of Pennsylvania Vs Daniel Ditcher, William Workman, Daniel Clifford, Robert Suttles, Alfred Wells, George Seaton, James Workman, Henry Suttles, Lewis Catlin, William Dodd, Jacob Clifford And James Wells.   Indictment… MurderProsecutoA True Bill as to Daniel Ditcher, William Workman, Daniel Clifford, Robert Suttles, Alfred Wells, George Seaton, James Workman, Henry Suttles, William Dodd, and James Wells. And Ignoramus as to Lewis Catlin and Jacob Clifford.

James B. Morris Foreman And now, to wit December 10 1859 Prisoners being arraigned, plead severally “Not Guilty” and put themselves & c (?). District Attorney replies Simililes & c. Same day a jury pf the country being called comes as follows to wit. George Plants, John Elbin, Samuel Grove, John Loar, Jacob Fordyce, Levi H. Bell, and Gilbert Thomas. Seven jurors the Pannell then being exhausted, the Court direct that a benine be issued for thirty-six jurors from the county at large. Returnable at 2 o’clock P.M.Exeb(?) Venire(?) And now, to wit 2 o’clock venire returned and a jury of the county being called comes to wit. George Sellars, Henry Black, Elias Stone and James Rex(?) the Pannel being exhausted the court wawrd a Tallas(?) “de circumstandibus(?). And now to wit Sameday Jurymen being called from the stands comes to wit Jeremiah Long. Twelve good and Lawful men who after being duly sworn according to law. Say they do find the Prisoners at the barr to wit Daniel Ditcher, William Workman, Daniel Clifford, Robert Suttles, George Seaton, & James Workman guilty of manslaughter and Alfred Wells and Henry Suttles not guilty in manner and form in which they stand indicted. And now to wit December 27, 1859. Henry Suttles & Alfred Wells upon proclamation are discharged by the court. And now to wit December 28 1859 the Court sentence Daniel Ditcher, Daniel Clifford, William Workman, James Workman, George Seaton and Robert Suttles to pay a fine of one dollar each to the Commonwealth, pay the costs of Prosecution and undergo an imprisonment in the Penitentiary of the Western District of Pennsylvania in Allegheny County for five years a & nine months to be completed from this date and be and remain in the custody of the Sheriff until the sentence is complied with. December 28, 1859 E*** Copy of Record to Sheriff Wright. 

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