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608

X, AMERICAN STATE TRIALS.

and said he did not know what
injury he had done to the folks
that they should kill off his fam-
ily in that way; about ten or
fifteen minutes before Brown
came to alarm us, heard two
shots go off; Brown said the man
had s dark waistoost and shirt
sleeves rolled up above the el-
ows, and black hair,

Cross-examined, Should think
it-was near 5 o'elock when Brown
came to us; be told me he found
John under the bed; saw no
marks of any thing being
dragged on the floor.

Wm. Atherton, Brown ev-
eral times over, stated that eve-
ning that be believed it was Rob-
‘ert McConaghy that shot at him;
he said it was Robert MeCon-

aghy.
‘Benjamin Bare. Tho first, 20-
count I had of the matter, Ather-

ton asked me to go over to
Brown’s; said Brown had been
to him and said he had been shot,
and his eon John had been killed
in the house, Next day (Sun-
day) early, went again to
Brown’s; H. Rickets and IT

to search for the chil-
dren; on the hill in the oat field
we saw their tracks; accidentally
game on the boy, he was partly
covered up; and inside the field
I saw the girl, she was covered
with leaves; her head was
mashed, as with a stove, the
stone waa there and bloody; we
went back to ihe house and told
the others what we had found;
T saw MeConaghy on Sunday,
when we came down from the
children; he had boots on; these
boots would make a similar
track; the ones MeConaghy hed
on would have made such « track
as those in the Geld and on the

log.

Cross-ezamined, Brown did say
on Sunday it was McConaghy;
Brown was first suspected, and
was taken on Sunday night by
the people; I saw him tied in the
house on Sunday; the reason
that he was suspected was, that
he was rough in his family;
when I knew what time Brown
came home I was satisfied he did
not do it.

R. Fisher. Accompanied Brown
from the river to near his house;
Proves Brown's statement, as to
time, and swears that he heard
two shots soon after he left
Brown.

Samuel Foust. When Brown

passed Brewster's it waa half
Past 3 o'clock; I looked at the
lock,

Rebecea Cornelius. Live half
a mile from Brown's house; aaw
Brown going home; it was pretty
well on to 5 o’elock; I looked at
the clock; I heard the shots soon
after he passed. .

Dr. J. G. Lightner, About 9

o'clock on Sabbath morning went
to Brown’s; first examined Eliza-
beth ‘Brown; her bead presented
a mass of bruises, a large incis-
ion through the sealp behind the
head, two and a half or three
inches long; another one on the
forepart of the head, under the
hair, about twa inebes long; one
on each side, of smaller size; the
skull was not fractured; there
were no other marks of violence
about her; I concluded she might
have been murdered on Satar-
day, in the fore part of the day;
her death was eansed hy the rep-
etition of blows by a stone, or
something on the head; the next
examined waa Jacob; his skull
had the appearance of «4 ball
passing from the back of his
head and came oat before, pass-

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