NEWS:  The Alleghanian; 17 Mar 1864; Ebensburg, Cambria Cnty., PA

Contributed for use in the USGenWeb Archives by Patty Millich 
<millich84@hotmail.com>

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_________________________________________ 


The Alleghanian
Ebensburg, Pa.
Thursday, 17 Mar 1864
Volume 5, Number 25


Local and Personal 

We are sorry to learn that District Attorney P. S. Noon is now lying extremely ill 
at this mother's residence in this place.  He was taken sick during the 
continuance of the murder trial.

The attendance during the two weeks of Court was very large - in fact, up to 
today at noon, the Court House was absolutely crowded to excess.  The trial list 
for this term has been continued.


A Second Sickles Tragedy
[Extracts from this article which covers most of the entire newspaper.]

In the Court of Oyer and Terminer for Cambria County, March Term, 1864
Hon. Geo. Taylor, President Judge; H. C. Devine and G. W. Easly, Associate 
Judges.

A few weeks since we gave the particulars of the killing of Jordan Marbourg a 
prominent citizen of Johnstown by Joseph Moore, Auctioneer of the same place.  
The provocation was the alleged intimacy existing between the former and the 
wife of the latter.  The case came before the Grand Jury of this County on the 
afternoon of the 7th inst., who, after an absence of a few hours, returned a 
presentment of willful murder against the defendant.

The Counsel
In addition to District Attorney P. S. Noon, the counsel for the prosecution 
comprised Gen. Henry D. Foster of Greensburg and Messrs. Potts and Kopelin of 
Johnstown; for the defense Messrs. R. L. Johnston of Ebensburg, Pershing and 
McLaughlin of Johnstown, John Scott of Huntingdon and Billings G. Childs of 
Pittsburg appeared.

The Prisoner
At 9 o'clock on Tuesday morning the prisoner was brought into the dock. The 
few weeks which had transpired since the commission of the awful deed had 
made a slight change in his appearance.  Continual brooding over the crime; the 
great provocation under which it was committed; and the sundering of those 
social ties which wreck the happiness of the home circle, accounted, doubtless, 
for his subdued manner and a general feeling of commiseration was elicited in 
his behalf.  Mr. Moore is a man of medium size, fine, florid complexion and very 
handsome appearance.  He is about 35 years of age. Shortly after the prisoner 
was brought in, at 10 o'clock Tuesday morning, the process of empanelling THE 
JURY was begun.

The Jury
 [Snip]
  . . .at twenty minutes past four, the twelve men who were chosen to fulfill the 
solemn duty of passing the sentence of life or death, upon the prisoner at the 
bar had been empanelled.  Their names are as follows:
  Felix O'Neill
  Joseph Null
  James Moreland
  John Yahner
  James Gallagher
  Henry Bender
  John Lantzey
  Jacob Kirkpatrick
  Charles Owens
  Timothy Hunt
  John G. Trenkle
  Cornelius Morris

The case was opened by the usual question being put to the prisoner of "guilty 
or not guilty."  He answered in a clear and distinct voice, "Not Guilty," and in 
accordance with the usual form, demanded that he should be tried "by God and 
his country."

The Prosecution
The case for the prosecution was opened by Gen. James Potts. [Snip]
Copious extracts from the Common Law and Pennsylvania Statutes defining and 
applying the crime of murder were read - - - [Snip]  Gen. Potts spoke about one 
hour.

Testimony for Prosecution
The first witness called was George W. Wehn [Snip]
Nothing elicited on cross examination.
Court adjourned at 7:10 o'clock.

Second Day – Wednesday
Court met at 9 o'clock when the trial resumed.
[Giving testimony were the following citizens:
Geo. J. Thomas 
Howard J. Roberts 
Dr. John Lowman 
John M. Bowman 
Charles Barnes  
Wesley J. Wilson
Dr. A. J. Jackson
Irvin Rutledge Esq.
Col. T. L. Heyer
James F. Campbell
Francis Sloan
John F. Barnes
  
A photograph of the scene was here submitted in evidence by the 
Commonwealth.

[Additional testimony from Thompson Kimmell followed.]
  Adjourned at 7 o'clock.

Third Day – Thursday
The case for the defense was opened at 9 A. M., by Billings G. Childs of Pittsburg 
[Snip]
  
Testimony for Defense
  Witnesses called:
  Albert B. Petriken, Assistant Post Master at Johnstown
  Mr. Silberman
  John Slick, Esq.
  E. Shaffer
  John S. Moore, son of Joseph Moore
  S. M. Cornell, brother-in-law of prisoner
  John Keller, clerk in Marbourg's store
  William Orr
  Mary Delaney

Fourth Day – Friday
  Court met at 9 a.m.
  [Snip]

Owing to a sudden indisposition of the prisoner who was taken with a severe 
nervous attack, at this juncture Court was compelled to adjourn until 5 o'clock.  
The attending physician gave it as his opinion that it would endanger the 
prisoner's life to bring him into court in his present condition.

5 P. M.  Court reassembled when defense purposed to prove that Marbourg had 
at one time asked a lady to administer poison to the prisoner and afterwards 
handed a package of medicine to another lady to be given to Mrs. Moore, for her 
husband; that the lady had done this, but that Mrs. M. threw the package in the 
fire, remarking that it was poison.  After some discussion it was considered 
unnecessary to allow this evidence to be produced. 

  Witnesses called:
  Mr. John Geis
  [Snip]
  Jacob Fend
  [Snip]
  Miss Mary Delaney, living with the prisoner's family
  [Snip]
  Court adjourned.

Fifth Day – Saturday
  Court assembled at 9 o'clock and case resumed.
  Witnesses called:
  Mrs. Robert Pickworth
  Eve Koontz
  Mrs. Beam
  John Beam
  Levi B. Cohick
  Mary Delaney
  Valentine Louther
  Levi B. Cohick
  Mr. Warden
  Mr. Seigh
  Capt. J. K. Hite
  David Yoder
  T. R. Kimmell
  John Moore
  William Orr
  A. J. Hawes

A number of witnesses were examined as to the previous good character of the 
prisoner, among them associate Judge Easly and opposing counsel Kopelin and 
Potts.  They all united in placing his character above reproach previous to the 
murder.
  Cyrus Reilly
  Dr. Bunn
  Sheriff Buck
  Defense closed at 4:20.

Rebutting Testimony
  Alex Marbourg, partner of the deceased
  At 4:45 the Commonwealth closed and Court adjourned until Monday at 2 
o'clock.

Sixth Day - Monday
  Pursuant to adjournment, Court convened at 2 o'clock when Gen. James Potts 
proceeded to address the jury on behalf of the Commonwealth.  [Snip]
  Court adjourned at 8 o'clock.

Seventh Day - Tuesday
  Court assembled at 8:30. The argument on the part of the Commonwealth was 
resumed by Gen. Henry D. Foster of Greensburg.  [Snip]  Gen. Foster spoke one 
hour and a half.
  At 10:15 the argument for the defense was taken up by R. L. Johnston, Esq. 
[Snip]. . . he closed his remarks at 4:30 after a speech of four hours length.
  Daniel M'Laughlin, Esq., continued the argument for the defense in a speech 
occupying over two hours in the delivery.  He reviewed the evidence fully.
  Court adjourned at 7 o'clock P. M.

Eighth Day – Wednesday
  Court met at the usual hour and the argument for the defense resumed by 
Billings G. Childs, Esq.  He spoke in an eloquent strain for the space of half an 
hour.
  Hon. Jno. Scott of Huntingdon took up the closing argument for the defense at 
9:25. [Snip] This argument was spoken of as being fully equal to that of Brady in 
the celebrated Sickles tragedy.  It occupied three hours in the delivery.
  The closing argument for the prosecution was delivered by A. Kopelin, Esq.  
[Snip]  Mr. K. spoke exactly three hours.
  Court adjourned at 6:30 o'clock.

Ninth Day – Thursday
  Court met at 9 o'clock when his Honor Judge Taylor proceeded to deliver his 
charge to the jury.  [Snip]  His honor consumed one hour and twenty-six 
minutes in delivering the charge.  
  The jury retired to their private room for deliberation at 10:20 A. M.

The Verdict
  At twenty minutes to 2 P. M. the jury reentered the Court room with their 
verdict.  [Snip]
  "In the issue joined between the Commonwealth and Joseph Moore, how do 
you find?"
  "Guilty of Murder in the Second Degree."
  The jury were then discharged.
  Throughout the entire trial the prisoner sat with his handkerchief to his face, 
leaning forward upon his hand. He exhibited but little emotion on hearing the 
verdict.  After the verdict he was remanded to his cell to await sentence.