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616 X, AMERICAN STATE TRIALS.

dwelling. That he traveled in company with Fisher, and
sew and spoke to several persons on the road, and that he
reached his own dwelling about 5 o’clock in the evening. So
far his testimony is supported, and stands uncontradicted.
He swears, ‘‘I stepped up and took hold of the handle of the
door; found the handle not there; looked towards Robert Mc-
Conaghy’s, and looked round, passed the barn at the rye-
fields; straightened myself up; there was a shot; I saw the
blaze out of the mow of the barn; J looked to see him; I could
see no person; then came another shot. I stooped, and saw
him; and, says I, you d——d infernal rascal, what are you
doing theref I saw him from his breast to the top of his
head; he was looking at me; I ran towards the barn;
he ran, stooped in the mow, and jumped down; I found
the handle of the door on the log of the mow; found
my rifles on the mow.’’ He then detailed how he went
into the house, and how he found John. He tella you how he
went to make the alarm, etc. He adds: ‘‘I saw him from
this [breast] to the top of his head; he had darkish clothes
on; a clean shirt; black head; had no hat; from ell appear-
ances it was Robert McConaghy; his face waa plain; I saw
it plain; I knowed him at thet time.” Taylor returned to
the house with him, and he swears that he asked Brown if he
had any suspicion who shot at him. He said it was Robert
McConaghy, and no other man, He saw him as plain as he
could see me then. William Atherton swears he told me he
was a stnallish man; described his clothing; and that he
stated several times that it was Robert MeConaghy that shot
at him. Bare heard the same thing that evening. To Heze-
kiah Rickets he described MeConaghy, too.

Then when Wilson and others were detained to go to old
“Mrs, MeConaghy’s, on the mountain, but they were not to
communicate to Robert McConaghy that he was suspected.

By 10 o’clock, a great number had gathered. Brown was
arrested—tied—insulted—and charged as the murderer; and
#0 continued until the next afternoon. Almost every man
was inquiring at him. His face and neck were bloody, and

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