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The Colby TRAGEDY.
AN ILLUSTRATED NARRATIVE.
WITH A HISTORY OF THE LIVES OF
slºpper ºn Ollyson.
THE TWO MEN CONVICTED OF THE CRIME.
CAPTURE AND TRIAL OF SHAFFER AND JOHNSON.
PORTRAITS.
J. LUTHER SHAFFER, JOHN W. JOHNSON, JUDGE MAYER', EX-DISTRICT
ATTORNEY BROWN, T. C. HIPPLE, ESQ., T. T. ABRAMS, ESQ.,
W. C. HOLAHAN, ESQ., W. H. C.LOUGH, ESQ., AND JOHN B.
MYERS, ESQ., ISAIAH COLBY, NORA COLBY, THE BABY
COLBY, JOHN COLBY, ANNA COLBY, EX-SHERIFF
MAY, SHERIFF LEAHY, OFFICER WEST-
BROOK AND OFFICER VERNES.
ILLUSTRATIONS.
the SCENE OF THE MURDER, THE CAPTURE OF SHAFFER, INTERIOR
OF THE CLINTON COUNTY COURT HOUSE DURING Johnson's
TRIAL, VIEW OF THE JAIL YARD WHERE THE EXE-
CUTION WILL TAKE PLACE, ETC., ETC.
-
PRICE, - - - 25 CENTS.
WILLIAMSPORT, PA. :
PENNSYLVANIA º PRINTING House,


PREFACE.
Short and simple are the annals of the poor. When the
assassin enters the home of the great, and lays in death the
inmates, a thousand eyes weep for them, and Fame waves the
sun-bright banner as a tribute to the dead; but when crime
leaves its bloody foot-prints on the floor of the rude cottage,
and its victims weltering in a crimson tide, a momentary flush
o excitement ensues and then all is forgotten. If in penning
the history of tha ul murder of Isaiah and Nora Colby, a
single throb of pity is excited for the orphan whose eyes wit=
nessed what its infant tongue could not tell, then indeed this
work is not in vain. The crime was one of passion and revenge,
says the law, and two of God's erring children have been de-
clared the perpetrators. Let us, then, curtain the cell doors of
the prisoners, close the ears to the eloquent appeals of the able
attorneys and the utterances of the vast audiences that day
after day filled the Clinton County Court House, and endeavor
to faith ully record the facts connected with this atrocious
crime.
THE PUBLISHERs.

The Colby TRAGEDY.
CHAPTER I.
THE DEED OF BLOOD.
There is a tract of land along Cherry Run, in Clinton County,
owned by the Washington Furnace Company. It was leased
by John Colby, and forty acres of the same sub leased to John
W. Johnson, up to April 1st, 1887, and for seven years previous
to that date Johnson held undisputed possession of the prem-
ises. It is a rough, mountainous, dreary country, with rocky
steeps, where the only thing cheerful is the sunlight of Heaven,
and here this man Johnson eked out a bare subsistence, and
with his wife lived in a style better befitting the untutored
savage than a resident within the limits of civilization. No
society, no refining influences—nothing to elevate the human
and make life a reflection of the purpose of a higher power.
After seven years of life in that mountain abode he was forced
to leave the land, John Colby having rented the forty acres to
his son, Isaiah Colby. Only one-half of the tract was culti-
vated, and by the terms of agreement Isaiah was to give John
one half the crops, the entire product not exceeding in value
$100. From this it will be seen that Isaiah's pathway at the
outset was not strewn with roses, for the God of Fortune does
not raise its standard along rocky slopes, or halt by rivu-
lets that go murmuring through the gulleys, as they course
onward towards the mountain's base. Indeed, the foot-prints
of the wolf of poverty was the trade mark of Isaiah Colby, and
had it not been for his garden, upon which he, his wife and
child subsisted, his career on Cherry Run would soon have
ended. The house in which he lived was constructed of hem-
lock boards, and consisted of two rooms–one of which was
used as a kitchen, and the other as a sleeping room. In the
loft he frequently kept poultry, and the roof above was so old
and decayed that looking upward the sky was discernible. Mrs.
Colby, wife of John Colby, carried Isaiah's produce to the Lock
Haven market and disposed of it. Such is a brief outline of



6
the Colby farm, where in course of time was enacted one of
the most bloody and revolting tragedies in the history of crime
in Pennsylvania. It is a desolate looking farm, between two
mountains forming a sort of valley, with Cherry Run passing
through it. It is about four miles from Clintondale, in Logan
township, Clinton county, and about two miles from Washing-
ton Furnace and near the mouth of Cherry Run–a stream now
rendered historic.
The maiden name of this woman was Nora Jodun, the
daughter of Flavius Jodun, of Flemington, Clinton county, a
hard-working man fifty years of age. A prattling, sprightly
child, no thought ever entered Nora's mind that she would be
a leading character in one of the bloodiest
A dramas ever enacted on the soil of Pennsylva-
º nia, made such by the revolting circum-
stances surrounding the tragedy. But she
º, was destined at an early age, while yet the hot
/ blood of youth was dancing through her
k/ veins, to die at the hands of a lustful vil-
lain, by the side of a rippling stream, in the
silence of the hills, with no friend to soothe her
- in the dying hour, her lifeless body by the side
of her dead husband, who also fell a victim
NORA Co La Y. of the same assassin. Isaiah Colby was the
son of Mrs. Anna Colby, whose maiden name was Fritz, born
previous to her marriage with John Colby, and was in his
boyhood known as Malachai Fritz. These two were adopted
by John Colby at an early age, and he brought them up the
-
same as though they were of his own flesh
and blood. As the two children advanced
in years the associations of their childhood
began to ripen into affection, and under the
roof tree of John Colby they first breathed
their vows of love, and pledged fidelity to
each other. It was but natural that the old
man should favor his adopted children, and
with that kindness that had always charac- .
terized his conduct toward them, Johnson
was removed from the Cherry Run farm to
make room for Isaiah. Johnson, however, is AIAH colley.
conceived the idea that it was through intrigue he had been
dispossessed, and nursed that idea until it was converted into
anger, which led to threats of a violent nature. There was a




7
storm gathering, but Isaiah saw not the threatening clouds; he
did not know that in the solitude of those mountain wilds a
conspiracy would be formed, and that in its execution he was
to fall lifeless by the side of his dead wife, while the waters of
Cherry Run mournfully murmured of the tragedy. It was im-
possible for him to know it—no hand could stay the arm of
the assassin.
On Monday, August 8th, 1887, Mrs. Anna Colby, wife of
John Colby, and a nephew named Charles, who lived on a farm
about two miles from Isaiah Colby's, went to the latter's house,
having previously promised to assist on that day in harvesting
the oats crop. Arriving there, in accord-
ance with promise, Mrs. Colby was horri.
fied to find the dead bodies of her adopted
children lying near each other, about one
hundred and twenty feet from the house,
where, from appearances, Isaiah had gone
to cut grass. He was lying with the side
of his face to the ground, a bullet hole in
his righteye in the corner nearest the nose,
and a basket, which had been filled with
grass, near by. His wife was only about
an arm's length distant, the body entirely
ANNA, COLBY. naked, a bunch of grass underneath it—the
clothes having evidently been torn off in the poor woman's
struggles to save her virtue and her life. What a spectacle for
a mother Imagine the horror of the old lady as she stood
intently gazing upon the bloody scene. There was no one to
call upon for assistance, and in that lonely
pass, in the shadow of the rock-crested
mountains, dumb-founded and appalled at
the terrible reality, she was compelled to
muster all the energy reserved for her age,
and decide what to do. It was not alone
the thought of murder, but the reflection
that some human fiend had taken the life
of her daughter while in a struggle to
gratify his lustful passion. The manner
in which her clothes were torn and the 3
Position of her limbs, was convincing proof º
that she had resisted in the expiring throes JOHN COLBY.
of death to prevent the consummation of the villain's hellish
purpose.


8
To more thoroughly explain the manner of discovery, it is
necessary to state that as old Mrs. Colby neared the house, she
called for Isaiah and his wife, but received no answer. The
road is on the north side of the hollow, and the Colby house
on the south side, hardly visible from the road. Entering the
house Mrs. Colby and her nephew found the child of Isaiah
and Nora, a bright, black-eyed little one, almost starved, and
crying as thongh its little heart would break. This alarmed
the old lady, and instituting a search, she had her attention
attracted to some objects across the Run, and going to the spot
her eyes rested upon the horrible and sickly sight portrayed
above. It had been the intention of the old man Colby to
assist in harvesting the oats; but being sick on Monday morn-
ing he remained at home, and was spared the horror of being
one of the discoverers. But Mrs. John Colby and her nephew
were not first upon the ground crimsoned with the life blood
of Isaiah and Nora. Before their arrival on that eventful Mon-
day morning, Austin Confer called at the house, but the fact
was for a long time unknown. The supposition is that looking
in the house and seeing the weeping child, which no doubt
shrieked at his approach, and perhaps noticing the bodies of
the Colbys still in death down by the Run, he became horrified
at the terrible spectacle, and left, whether in fear that the assas-


9
sin might still be lurking near the spot, or that suspicion might
be directed toward him if discovered in the vicinity, is a matter
of conjecture. -
The supposition is that the murder was committed Sunday
morning, as Nora, the murdered woman, was seen washing on
Saturday night in order, as is supposed, to have clean clothes
for the family, as they expected to attend the funeral of a
neighbor on Sunday. That was the last seen alive of either her
or isaiah. The clothes were found on Monday washed and
ironed. There were bloody hand marks about the house,
shºwing that the murderer had visited there after shooting his
victims.
Quick sped the news down from that desolate mountain
home to Lock Haven, and at once officers of the law started
out to hunt down the assassin or assassins.
A coroner's inquest was duly held, Justice of the Peace C.
W. Conser summoning the following jury: Samuel Caris, fore-
man; Emanuel Bressler, F. K. Miller, A. J. Grieb, W. H.
Rishel and Jacob Ocker. J. D. Hubler acted as Clerk for the
jury, and Dr. J. H. Huston was the examining physician. A
verdict was rendered in substance that Isaiah and Nora Colby
were shot to death by a person or persons unknown to the
jury. The physician gave it as his opinion that the woman
had been ravished where her body was found.
Owing to the fact that decomposition had set in, the remains
of Mr. and Mrs. Colby were lowered in the graves prepared
for them in the cemetery at Tylersville, at to o'clock Monday
night, August 8th, but were not covered until Tuesday after-
noon. A guard was placed over the graves, so that the bodies
could not be disturbed. The funeral services were held at 2
p. m. Tuesday, and hundreds of people assembled from all
parts of Sugar Valley to witness the last sad rites over the
murdered couple. Rev. Dotterer, of the German Reformed
Church, conducted the services, which were solemn and im-
pressive; there was scarcely a dry eye in the large assemblage.
During the day crowds of people viewed the remains as they
reposed in the open graves.
Isaiah Colby was thirty-six years of age. He and his wife
were a hard working couple, and Isaiah was putting forth
every effort to clear off the land, and have a snug little farm.
Nora was nearly twenty-one years old; they had two children,
one fifteen months old and the other about four years old—
the oldest living with its grandparents. As they were poor,
IO
working a poor farm, the murder was not instigated for the
purpose of robbery; it was inspired either by hatred or re-
venge, or to conceal the crime of lust. There is no other
plausible theory, and none other has been advanced.
That Augusta Main Colby, the fifteen months child, wit.
nessed some part of the murder, was evidenced by the actions
of the little one after the crime was committed. Upon the ap-
proach of a man it would cling to its grandmother, who had it
in charge, and cry violently;
frequently it would rise from
its sleep and scream, as
though it had seen in a dream
the horrible crime re-enacted.
It will be remembered that
through the action of Consta-
ble Clair, the father of the
murdered man—John Colby
—was arrested and incarcer–
ated in the county jail await-
ing further developments.
His wife visited him during
his imprisonment, bearing in
her arms the infant orphan.
As she approached the cell
the little one extended its
arms, and the first smile since
the murder appeared on the
It recognized
its grandpa and was anxious to be in his arms. The old
man wept, as well he might, and those who witnessed the
scene were deeply affected. Before the murder the child
had no fear of strangers. Imagine the poor, unfortunate in-
fant, alone in that dreary mountain abode, crying bitterly at
the dead of night for the father and mother then lying in the
cold embrace of death, their bodies stretched upon the ground,
with the stars of Heaven keeping vigil over them. Hungry
and exhausted it is at last found upon the floor near the bed,
sobbing for the mother who will never return to caress it, but
who died the victim of an outrage too repulsive to detail. She
was a fine looking woman with black hair, and in the full en-
joyment of health.
THE BABY.
As it appeared shortly after being found. child's face.

CHAPTER II.
RUNNING DOWN THE PERPETRATORS.
On Saturday morning, August 6th, 1887, William Ruhl,
Ellis Frantz and Herman Bressler, farmers who attended the
Lock Haven market, reported that they had been stopped on
the highway in the Narrows above Washington Furnace, by a
man who pointed a pistol at them and compelled them to
hand over whatever valuables they had. This created the
biggest kind of a sensation and set the authorities to work en-
deavoring to get some trace of the bold highwayman. The
victims of this villain agreed that but one man was seen, and
their descriptions of the man were alike, all declaring that the
man wore light side-whiskers, a moustache, had on a slouch
hat and a dark cut-away coat. The man stopped at the head
of each horse and demanded a halt, at the same time leveling
a revolver at the heads of the occupants of the wagons, and as
soon as they had “delivered,” he ordered them to move on,
saying, “You will meet four other men down the road, but tell
them that you met me and they will let you pass.”
On the following Monday evening as Chief of Police West-
brook, of Lock Haven, was sitting in his office endeavoring to
- study up some plan -
whereby the perpe-
trators of the rob-
beries of the Satur-
day previous might
be discovered, Con-
stable Blakeslee came
to him and told him
of the murder of
Isaiah and Nora Col-
by, which occurred 3
in the same locality -
JAMES KLINE. as the robberies. The Essic king.
next morning two parties left Lock Haven in search of clues
that might lead to the detection of the robbers and the mur-
derers. All sorts of rumors were afloat, and as the greatest









I 2
excitement prevailed everywhere in Clinton county, it was with
difficulty that anything of a tangible nature could be learned.
One of the men robbed on Saturday morning, being positive
that he recognized James Kline, a weak-minded individual, as
the highwayman, Kline was taken in charge by Constable
Blakeslee and lodged in the County Jail. John W. Johnson,
who lived on the Colby place with his family prior to the re-
moval thereon by Isaiah and Nora Colby, and who was known
to have made deadly threats against the Colbys, was the man
on whom the greatest suspicion rested, and Sheriff May and
Constable Ellis Myers, of Lock Haven, who composed one of
the searching parties, found him at work in one of his fields
near Hublersburg, and took him into custody. The Sheriff
learning that Essic Kline, a brother of James, was in Lock
Haven at that time, sent word by a swift messenger to Deputy
Sheriff James Wensel to arrest him. When the message was
received it was found that Essic had left the city and at that
moment was on his way back to his home in the Narrows.
Procuring a horse and buggy, the Deputy, accompanied by
County Detective Keller, started after him, and captured him
as he was traveling along the highway. He was brought back
to Lock Haven, and arrived there at the same time that John-
son was brought in by the Sheriff -
Chiefs of Police Westbrook, of Lock Haven, and Vernes, of
Renovo, constituted another party of searchers. It was
known that at least one of the gang, if a gang it was who
committed these robberies and the murder, was yet at large,
as the man with the revolver and side-whiskers had not yet
been apprehended. Westbrook and Vernes had gone on the
track of a suspicious character who had been seen in the
neighborhood, and were led into Union county. They run this
clue out on Sunday, and found he was not the man they
were looking for. When the Sheriff was after Johnson he
met ex-Sheriff Shaffer, of Centre county, who is a cousin to
Luther's father, and who lives at Hublersburg, who told him
that a man had passed, through there on Thursday prior
to the murder, and that he looked like Lute Shaffer. West-
brook and Vernes received the same information from Henry
Robb on their return from Union County.
Another circumstance was also discovered that looked very
much like a clue to the awful mystery. On the Friday morn-
ing preceding the robberies and the murder, Susie Reese, a
young lady about eighteen years old, and Robert Billett, a lad
I3
of thirteen years, started out into the mountain to gather
huckleberries. As they were traveling along the Mosquito
Valley road they were met by a man wearing light side-
whiskers and moustache. He had on a dark coat and light
- checkered pantaloons, and carried a small
bundle and a cane. The man stopped the
boy and girl and asked them where they
were going, and on being informed that
they were going to gather huckleberries,
told them to go up the road that led into
the mountain, “and ask no questions"—
at the same time drawing from his pocket
a large revolver and threatening to shoot
unless they obeyed. Thoroughly fright-
ened, the girl uttered a piercing scream
and darted into the woods on one side of
the road, and the boy started in an oppo-
site direction. Susie made a long circuit through the woods
and finally reached her home in Nittany Hall. The Billett
boy continued running, until he arrived at Fishing creek, and
then started back home and told his story to the people,
saying that he feared Susie had been killed, º is
as the man had started after her. The ar- =
rival of the girl shortly afterward allayed
the alarm, but the community was fearfully
excited over this affair.
The object of this villain in attacking
the girl will be plain to the reader, and
when it is remembered that the body of
Nora Colby gave evidence of having been 3
outraged, the importance of this circum :
stance, as a connecting link in the chain
of evidence, will readily be seen.
OFFICER v ERNEs.
On returning to Lock Haven a conference of all the officers
was held, and it was decided that the man believed to be Shaffer
was the man they were after, but inquiry among his relatives
failed to show that he was in this part of the country, they
believing that he had gone to Kansas, as Al Shaffer, a brother
of Luther, a Missouri farmer, had told them he had intended
doing.
The consequence was that the officers were all at Sea, and
did not know where to turn next. But when matters looked









4
the darkest Mrs. Swope, a sister of Shaffer, sent word to the
Sheriff that she wanted to see him. He went to her house and
there met that lady, Mrs. Mosher, another sister, and the hus-
band of the latter. Then it was that the Sheriff learned that
Luther Shaffer had been there that afternoon, and after a stormy
interview with Mrs. Swope had left. The Sheriff then informed
his colleagues of what he had learned, and the first thing they
did was to search the house of one Mary Baney, who was known
to have been a friend of Luther's when he was at home before;
but they discovered no trace of him there. The officers were
now satisfied they were on the right trail, as Shaffer answered
every description they had received of the highwayman and as
having been seen in the vicinity of the Colby house on the Sat-
urday before the murder.
On Thursday night, August 17th, Chief Westbrook received
information that led him to believe that Shaffer had been taken
to Pine camp meeting in a carriage that evening, and believing
that he would take the midnight train for the East, that officer
went down to Williamsport on that train for the purpose of
intercepting him if it should prove that he had taken that way
of escaping. But he was not found, and Mr. Westbrook re-
turned to Lock Haven next morning.
On Friday morning, August 18th, as Sheriff May was stand-
ing at the passenger station waiting for Erie mail to arrive
to take him to Renovo, where he had some official business to
transact, his son Willie came running up to him just as the
train was coming in sight of the station, and handed him a tele-
gram from Associate Judge Crawford, dated at North Bend,
which read as follows:
“Come on first train; Shaffer up creek.”
The Sheriff then looked about for somebody to go with him,
and at that moment spied Westbrook, who had just got off the
train. Officer Vernes was also on the train, and when they
arrived at North Bend Westbrook got off the train and ordered
a team to be in readiness in half an hour. The Sheriff and
Vernes went on to Renovo, the former to transact his business
and the latter to change his garb to that of a woodsman, after
which they re-joined Westbrook at North Bend.
It was about an hour before noon when the party started up
Youngwoman's creek after their man, having secured the ser-
vices of John Quiggle, of North Bend, as driver and guide.
They arrived at Dick Francis' camp Friday afternoon, and
learned that Shaffer had stayed there the night before and had
I5
left that morning. Pushing forward they reached Oleona
in time for supper, and found that Shaffer was only a few
hours ahead of them. Darkness overtook them when within
a mile of Germania, and at a point where a road crossed the
one they were on at right angles. Here they lost the trail.
They went on to Germania, however, and after making a
search of the town changed teams and started for Pike Mills,
where they arrived about three o'clock a. m. Saturday. It was
here decided that Vernes and Westbrook should go to Gaines
on the narrow guage railroad, while the Sheriff and Quiggle
drove to Lyman's ºs Mills. At eleven
o'clock they again - º met at Pike Mills to
compare notes. They had discovered where
Shaffer had spent the previous night—at a
farm house about two and one-half miles
off the public road, but at that point the
trail was lost, and they knew not in
which direction to go. Another discovery
was also made, and that was that no one
had any money; but Sheriff May happen-
ed to know C. O. § Brown, a merchant
at Pike Mills, and ºf A that gentleman cash-
ed the Sheriff's check Ex-siterrºr May for $75. He then
paid all the bills they had contracted at that place. It was then
and there decided that the party should divide, one-half to go
on the back track to where the trail had been lost, and the
other to visit Smith's lumber camp, and if Shaffer was not found
there this party was to go on to Coudersport. Without losing
a moment’s time, it was decided that the Sheriff and Quiggle
should take the back track and Westbrook and Vernes the other
route. The Sheriff paid for the extra team and gave West-
brook $25.
The latter party then went on toward Smith's lumber camp,
located in what is known as Wood Hollow, on the West
Branch of Pine creek. At the point where a road leads up to
the camp a halt was made to explore the locality. Observing
a man coming down the hollow that led to the camp, the offi-
cers hailed him, and learned that a stranger answering the
description of the man they were seeking had arrived at the
camp just before dinner and complained of being very tired.
By an arrangement with the gentleman whom they had met
it was the intention to make the capture quickly and not give
the man any chance to fight. This was successfully accom-










I6
plished, the officers getting within ten feet of their man before
they were seen by him. Shaffer was sitting on a little rise of
ground watching other men who were engagedcutting firewood.
He was in his shirt sleeves, having left his coat hanging inside
T
º º
- * I -, º º -
º - ºf ºv Nº -- i.
M.º) º Lº
º ºº º º
- º
--~~º sº
THE CAPTURE OF SHAFFER.
the tent. He offered no resistance when Mr. Westbrook stepped
up to him and told him he was a prisoner. He was, of course,
taken at a disadvantage, as his revolver was in his coat pocket,
and the coat hanging inside the tent. The irons were soon
placed on his wrists, and he was taken down to where the
wagon was standing, put aboard and driven to Ansonia, a
station on the Pine Creek railroad, and that same night he was
lodged in the Lock Haven jail.
Sheriff May and Quiggle learned of the arrest during the
afternoon, and therefore returned at once to North Bend, and
the Sheriff arrived home shortly after Westbrook and Vernes
landed Shaffer behind the bars.
At the jail Shaffer was searched, and besides the 32-calibre
revolver, box of cartridges to match and a razor that had
been taken from him at the camp, there were no less than
twenty-five lascivious pictures, portraits of actresses in airy
costumes, needles and thread, several steel watch chains, a
silver watch, a brass watch, cake of soap, bundle of rags, a
sursingle, and a dozen other small articles. He had on a pair






17
of brown velvet, or corduroy pantaloons, and underneath was
a pair of light checkered ones, with stains on the knees and
along the upper parts of the legs.
While Chief Westbrook was waiting at the station at An-
sonia with his prisoner for the Pine Creek train, Shaffer said
to him :
“Westy, if I hadn't got lost in the woods you fellows wouldn't
have got me here.”
“Well, Lute, it would only have been a question of a short
time until you were caught,” replied the gallant officer.
“Yes, I know you followed me damn close; but you would
have had more trouble. You caught me napping.”
On Friday afternoon, September 9th, '87, the four men under
arrest were arraigned before Alderman John P. Harris, of Lock
Haven, and the testimony of the witnesses called being deemed
sufficiently strong to hold them all on the charges of robbery
and murder, they were committed to jail for court. Shaffer,
however, by the advice of his counsel, waived a hearing, and
stood committed, but he was allowed to remain in the room
while the examination of witnesses against the others was pro-
ceeded with. The only evidence adduced that connected the
four men jointly with the crimes was the testimony of Kate
Bartley, who swore that she prepared a supper for the four men
at Kline's house at twelve o'clock of the Friday night preceding
the robberies, and that they left together shortly afterward.
This testimony, however, has since been shown to be false, and
the girl herself has admitted that it was untrue.

the Murderer
2.
Jasper Luther Shaffer


CHAPTER III.
TRIAL OF LUTHER SHAFFER.
At the September term of the Clinton County Court true
bills were found against Luther J. Shaffer, John W. Johnson,
and James and Essic Kline, around whom a strong net-work
of circumstances had been woven, leading to a suspicion º all
four might be implicated in the murder of the Colbys, although
all might not have been active participants in the commission
of the crime. The trial was set down for a special term to
begin December 5th, and at two p. m. of that day Court con-
vened. The revolting details of the murder, the weary journeys
of officials in search of the perpetrator, and the many surmises
as to the manner in which the deed was committed, had awak-
ened universal interest in the case. The public feeling was
that justice would be outraged if swift-footed vengeance did not
plant its iron heel upon the guilty. In consequence of this
general sentiment the railroad trains on the morning of Decem
ber 5th were freighted with jurors, witnesses, and others, who
poured into Lock Haven to become spectators at the trial. It
was the Mecca to which the curious journeyed. Hotels were
crowded, and in the thronged offices and reading rooms of the
different hostelries no other subject seemed to be discussed but
the Colby tragedy. No case ever before the Clinton County
Court had attracted so large a number of people, and each day
was flashed over the wire to outside places intelligence of the
progress of the trial, to appease an anxious public desirous of
hearing the latest in reference to the case.
At two p. m. Court convened, a panel of sixty jurors having
been drawn Hon. Charles A. Mºyer, President Judge, and
Associates W. Kipp Chesnutt and John W. Crawford occupied
the bench. A great legal contest was anticipated–District
Attorney George A. Brown and T. C. Hipple, Esq., for the
Commonwealth, and T. T. Abrams and W. C. Hollahan, Esqs.,
for the defendant Shaffer, entering the judicial arena, remind.
ing one of portraits of Titans struggling for supremacy. The
entire afternoon was occupied in impanelling a jury. just as

2O
the work was to be commenced, W. H. Clough, Esq., counsel
for Johnson and the Klines, presented a petition, asking that
the men be tried separately. The petition was granted, and
Shaffer was selected by the prosecution. The indictment was
then read, charging him with the murder of Nora Colby. The
purpose in omitting the name of Isaiah Colby was, that if
Shaffer should by any technicality be acquitted on the charge
of killing Nora, he could then be arraigned for the murder of
Isaiah. -
Shaffer was ordered to stand up while the indictment was
read. He rose to his feet; there was not a single indication of
nervousness; his form was erect, while his eyes, to those who
carefully watched him, bore that peculiar keen, searching and
vengeful appearance so characteristic of them. The question
was asked: “What say you, Luther Shaffer, to the indictment,
guilty or not guilty?" Fixing his gaze on Clerk Brown, with
a smile that seemed defiant, and in a voice as firm as that of a
military commander, he answered, “I am not guilty!”
The twelve men selected, in whose hands was to rest the life
of Luther Shaffer, were as follows:
Emanuel Robbins, farmer, Pine Creek township.
John Pluff, farmer, Chapman township.
Frank Barnhart, laborer, Colebrook township.
Miles Caldwell, labor/r, Bald Eagle township.
Samuel Smith labozer, Woodward township.
William Eyer, fazmer, Beech Creek township.
Thomas Burke, laborer, Noyes township.
Frank A. Heydrick, barber, Second ward, Lock Haven.
Jacob Messºrly, laborer, Dunnstable township.
Frederick Amm, farmer, Green township.
Charles Shoemaker, clerk, Second ward, Lock Haven.
George Iler, carpenter, Dunnstable township.
Jacob Shaffer and William P. Beck were appointed as tip-
staves, and Court adjourned until Tuesday morning.
Tuesday morning when Shaffer entered the Court room he
presented a far different appearance from that of the day pre-
vious. Tonsorial art had transformed him—his rough, bearded
face had been made smooth, giving effect to his handsome
curling moustache, and showing to advantage his full round
face. His dirty linen had been exchanged for a clean white
shirt and black necktie ; he was otherwise neatly attired, and
looked many years younger than he did the day before; but
there was the same piercing glance, and the same air of indif
2 I
ſerence. The Court room was packed with people, and every
ear was strained in listening to the proceedings.
District Attorney George A. Brown opened the case on the
part of the Commonwealth, forcibly setting forth the enormity
of the crime, and promising the jury to show them a deed
without parallel. It would almost seem impossible, he said,
for a man to commit such an act, but there would be presented
a chain of circumstantial evidence so complete as to clearly
point to Luther J. Shaffer as the perpetrator. He told the
story of the murder, and said that the prosecution would show
that Shaffer was in the neighborhood of the tragedy about the
time of the murder; that afterward he had in his possession a
watch of the dead Isaiah Colby's; that Sunday afternoon he
reached Lock Haven, left on Monday, and returned Tuesday,
leaving again on Wednesday and going to the woods, still in
possession of the watch; that he sold the watch to a Renovo
jeweler, returned to Lock Haven, and upon being told by his
sister that he was suspected of the Colby murder, left, telling
his companions he was going to Canada. He further outlined
the case in a clear, concise manner.
Two maps were produced, one showing the Colby property,
and the other Sugar Valley, or what is known as “the Narrows.”
The first witness called was John Colby, father of Isaiah
Colby. He told the story of fishing on Fishing creek in
company with his nephew, Charles Colby, on Saturday,
August 6th, coming out in the evening on Cherry Run, at
Isaiah's place, where he saw Nora Colby washing some white
clothes in the run. He remained there talking about three-
quarters of an hour, and about six p.m. started for home. He
then related how his wife on Monday left for Isaiah's, and after
having been gone some time he heard her crying, and looking
out of the door saw her with the baby in her arms, almost
frantic ; she finally managed to inform him that Isaiah and
Nora were dead–murdered. Going to the farm he found
them lying about three feet apart, on the ground in the foot-
path that led from the run to the house, Nora on her back,
with her shoulders a little higher than her head, her knees
drawn up and apart, with a bunch of grass under her body,
evidently to raise her hips. Isaiah was lying face downward,
and a basket about two-thirds filled with grass a few feet dis-
tant, with grass scattered over the ground. In the house all
was confusion, and the watch which hung on the wall Satur-
day was gone; it was his watch, and he had given it to his


22
wife on the preceding Wednesday so that she could tell what
time to start for market, and she had left it at Isaiah's; the gun.
was gone, the doors open, and the clothes he saw Nora wash-
ing on Saturday were laying on the table ironed. His and
Isaiah's family had always been at peace. He identified the
watch and other articles produced in Court.
Mrs. Anna Colby, wife of the previous witness, and mother
of Isaiah, told the story of her going to assist her son in gath-
ering oats. Arriving at the house she saw it in disorder, and
the baby sitting alongside the bed in the sleeping room. It
screamed when she picked it up. She then went into the yard
and called for Nora repeatedly, each time in a louder tone of
voice. Receiving no answer she went to the stable, but could
not open the door. Looking across the run she saw some-
thing strange lying along the path, and going over discovered
the dead bodies of Isaiah and Nora. She screamed, and her
nephew Charles who accompanied her, coming up, she cried
out, “My God, my God, Isaiah and Nora are both dead.”
Nora's body was entirely naked with the exception of a strip
of cloth over her breast. Mrs. Colby and Charles then start-
ed back home, taking the baby, and telling people they met of
the murder. She identified the silver watch in Court as the
property of her husband.
Charles Colby testified in harmony with the evidence of
John and Anna Colby, and said that when he was at Isaiah's
on Saturday with his uncle, Nora told him about a man being
there that day, but she did not know him. He (Charles) got
into the stable and let out the horses and cow. They were
crazed from thirst, and he could not hold the cow with the
rope that was around her neck when she struck for the run.
Charles identified the watch, gun, shot pouch and powder
horn as having been in Isaiah Colby's possession. Although
only a boy thirteen years old he told a straightforward story.
Solomon Peck, undertaker, who took charge of the bodies,
testified that although badly decomposed, he fixed them up,
put them in coffins, took them to Tylersville, and put them in
graves.
Abraham Stein swore that he met John Colby on the morn-
ing of August 8th; that John told him of the murder, and
asked him to go to the place. He did so, and saw the bodies
laying just as described by the other witnesses. There were
foot-marks near the bodies made by Nora's bare feet.

23
Dr. R. B. Armstrong, a physician of thirty-one years' prac-
tice in Lock Haven, who was called upon to make the
autopsy, testified that he found three pistol shot wounds in the
body of Nora. The first ball went in at the right shoulder
and lodged in a small muscle in the back; the second shot
took effect in the left shoulder and passed through and came
out at the shoulder blade; the third entered the base of the
skull, just back of the ear, and lodged in the left temple bone,
wnere it was found embedded about half way in the bone,
which was shattered. This was the last shot, and it caused
instantaneous death. In the case of Isaiah Colby, the ball en-
tered just above the right eye and passed into the brain, where
it was found. His death must have been instantaneous. The
Doctor was of the opinion that Nora must have been facing
her assailant when two of the shots were fired.
Samuel Caries testified that he visited the Colby house on
the day the bodies were discovered. He found potatos peeled
and lying in water on the stone hearth. As he entered the
house he saw blood on the edge of the outside door, as
though a bloody hand had taken hold of it, and on the door
leading to the sleeping room there were bloody finger marks.
John B. Smith, jeweler, of Renovo, related how Shaffer
came to his store on Saturday, August 13th, and sold a silver
watch to him for one dollar. On the Wednesday previous he
left a brass watch to be gilded, saying he would call for it on
Saturday. When he came on Saturday was when he bought
the silver watch, but the gilding on the brass one was not
done; Shaffer paid for the work and ordered the watch sent
to him at North Bend, in care of L. C. Stout. Witness identi.
fied the watch Shaffer left to be gilded by the number of the
case which compared with the ticket attached by witness when
the watch came to him for repairs. He identified the Colby
watch as the watch Shaffer sold him.
H. C. Allison testified that on Thursday, August 4th, he
saw a man lying alongside the road about half a mile from
Hublersburg. The moon was shining bright, and he saw the
man was not asleep. He asked him what he was doing there,
and the man replied that was none of his d-d business; that
he had no right to bully-rag a man on the highway. Allison
told him to keep cool, when the man pulled a revolver from
his coat pocket and said he would show him. Allison stepped
back and put a pole he was carrying between the stranger and
him, when the stranger turned around and walked down the
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Before Whom Shaffer and Johnson Were Tried.


25
road in the direction of the Colby house. The prisoner at the
bar was the man he saw—he was positive of it.
Henry Robb saw a man coming down the road Friday
morning, August 5th, towards his hotel at Nittany Hall; the
man carried a bundle and a cane, and was traveling toward Lock
Haven. He sold the man a pint of liquor. He was sure
Shafter was the man. Robb lives about a mile and a half from
the road that leads to the Colby house. -
John Webner, who lives at the Crawford toll gate, near
Washington Furnace, also saw the same man on Friday morn-
ing, August 5th, and gave the same inute description of him
as did Robb.
Robert Billett on the same morning met a man answering
the same description on the Mosquito Valley road. Susie
Reese was with him. The stranger told them to go up the
road into the mountain and ask no questions; at this he drew
a revolver and threatened to shoot, when Susie ran in one
direction and Billett in another, into the woods, and did not see
he man again. Recognized Shaffer as the man.
William Ruhl, on Saturday morning, August th; while en
route to Lock Haven, met a man near the Colby place. When
the man got to the head of Ruhl's horse he drew a revolver
The poon was shining brightly, and he saw the man's face dis-
tinctly. He (Ruhl) passed on, and the man went in the direc-
tion of the Colbys, Shaffer was the man he saw.
Ellis Franz met Shaffer on the road near the Colbys or
Saturday morning, August 6th. Shaffer had a revolve, in his
right hand and pointed it at him. Did not know him then–
recognized him since.
Herman Bressler also recognized Shaffer as the man he met
on the road with a revolver.
The object Shaſer had in view in halting people and present.
ing his revolver, was not shown, as the Court ruled that evidence
touching on any other matter than that of the murder of Nora
Colby was not admissible. But it is proper to state at this
point that the motive was highway robbery, and that several
of the gentlemen were relieved of their money.
J. A. Sheets and John R. Brown saw Shaffer near the Cherry
Run bridge, on Saturday morning, August 6th, close by the
home of the Colbys. He watched them closely.
Wednesday morning, December 7th, when Shaffer entered
the Court room, it was noticeable that he had passed a sleep
less night. He exhibited nervousness, and it was evident that
26
the missiles of truth hurled from the witness box had shattered
the frail fortification of hope and confidence the prisoner had
constructed. There was not that brilliancy of the eye, and the
self-confident look had vanished. But the evidence of Tuesday
was nothing to the tragic event about to occur—the exhibi-
tion of the blood-stained and tattered garments of the murdered
Nora Colby, each crimsoned strip a faggot searing the con-
science of the prisoner. The Court room was packed even to
the base of the huge pillars at the right of the Judge's desk,
and newspaper reporters fought for their chairs, which had been
occupied by individuals wild with curiosity. -
John Colby was recalled, and identified the torn and bloody
chemise presented in Court as the one that was under Nora's
body when he found it.
Harry Keller, sixteen years old, of Lock Haven, testified to
meeting Shaffer on Sunday evening, August 7th, in Ely's
lumber yard. He identified the coat and pants in Court as
those worn by Shaffer. Shaffer had two watches—a brass one
and a silver one—that he wanted to sell.
W. B. Drake, a Lock Haven jeweler, identified the watch in
Court as one he repaired for John Colby in 1884. Recognized
it by his private mark inside the case.
John Grugan identified the rifle, shot pouch and powder horn
in Court as the ones he found concealed in a bower of wild
grape vines, about a mile and a half from the Colby house.
This is the gentleman who was led to the secluded spot through
a dream.
Torrence Livingston saw Shaffer in Ely's lumber piles, at
Lock Haven, on Sunday evening, August 8th; also James
Welshans, to whom Shaffer showed the two watches. Wit-
nesses identified the Colby watch.
James Creininger told of seeing Shaffer in Ely's lumber piles.
He identified the clothing in Court as that Shaffer had on.
Mrs. Tucker saw Shaffer cross the Bald Eagle Valley rail-
road on Sunday, the 7th. His eyes were bloodshot and he
looked jaded.
Maggie Fox testified to Shaffer's staying at Krom's Hotel,
Lock Haven, Sunday night, and to his eating breakfast on
Monday morning.
Evidence was next produced to show how long it would
take a man to travel from the Colby house to Krom's Hotel,



27
Lock Haven. The longest time occupied by any of the wit:
nesses was four hours and a half by one route, by a shorter
route in less than four hours.
J. L. Barrett, of Ferney Run, ten miles above Lock Haven,
testified to Shaffer's coming to him, at that place, on Monday,
August 8th, and asking for work. Shaffer once drove team
for him; he left saying he was going to Wetham.
Frank Barton was working on the river between Lock
Haven and Renovo in August. On Monday evening, the 8th
of that month, he met Shaffer at a dance in Wetham. He
and Shaffer slept in Robbins' hay mow that night. He went
with Shaffer to Ritchie, where Shaffer asked for work. The
same day he met him at Renovo.
Henrietta Edgar, who lives near North Bend, up Young-
woman's creek, testified that Shaffer came to her house on
Tuesday, August 16th, and left a bundle saying he would call
for it. Thursday he came back. She (the witness) had read
of the murder in Pennsylvania Grif, and a copy of the paper
laid on the stove when Shaffer came in. She spoke of the
murder and handed him the paper. He looked it over, said it
was an awful crime, and became uneasy. He laid the paper
down, picked it up again, and acted queer. He then wanted
to know if there was anybody around there who could shave
him. John McCarthy offered to do it. Before Shaffer re-
turned McCarthy, Robert Reisdorf and Mrs. Edgar examined
the bundle and found that it contained two pair of pants, the
bundle being bound by a sursingle or woven belt having two
buckles. Shaffer's pants and the sursingle in Court shown
witness, and identified as those that were in the bundle. Shaf-
ºfer had a revolver that he laid on a chair while he was being
shaved; it had three empty chambers. He said that he was
under arrest and wanted to stay over Sunday, but Mrs. Edgar
told him she had no place to put him. He left the house
about noon, taking his bundle with him.
The testimony of Mrs. Edgar was corroborated by Robert
Reisdorf and John McCarthy, showing his great desire to get
shaved as soon as he read Grif, also identified the pants as
those Shaffer had.
Benjamin Lose, of Nittany Valley, who was in August last
working for Dick Francis in the woods up Young woman's
creek, testified to Shaffer coming to Francis' camp after the
murder. Lose talked with Shaffer about the murder, and
asked him if they had caught the murderers. Shaffer said

they had not got aſ of them, but they were after them. He
invited Lose to take a drink of apple jack. At noon when
Lose came in from work Shaffer was gone. -
McClellan Barner, who was also working at the Francis
camp, talked with Shaffer about the murder, and Shaffer told
him they had not caught the fellow who committed the crime.
Shaffer said he was going either to Canada or Germany, but
was never going back to Lock Haven. The two last witnesses
knew Shaffer when he lived with his father on the farm in
Nittany Valley.
Charles Austin saw Shaffer at Stout's lumber camp in Au-
gust. The latter told of the Colby murder, and said he had
read of it in the newspapers. He first said they had caught
the right man, but afterwards said they had not; he also said
that if Jesse and Frank James would come that way he would
join them in a minute. While they were talking about the
Colby murder, Austin said that the man who would do a thing
like that ought to be burned at the stake, and that he would
like to apply the torch. Shaffer replied that the man who had
sand enough in the back of his neck to do a deed like that
ought to be let go free.
W. J. Westbrook, Chief of Police of Lock Haven, testified
to arresting Shaffer in Perry Smith's lumber camp, in Potter
county, about forty miles from the New York State line, and
about thirty miles from North Bend; Shaffer was sitting on a
bank, watching a fellow who was cutting fire wood. Chief of
Police Vernes, of Renovo, was with Westbrook. Upon reach-
ing Lock Haven jail with the prisoner a search was made, and
in Shaffer's pockets were found a razor, a watch, a box of 32-
calibre cartridges, and other things; he also had on two pair
of pants. At Ansonia Shaffer told Westbrook that if he
(Shaffer) had not lost his way in the woods the day before they
would not have got him so soon, and remarked, “You have
followed me damn close.” The articles taken from Shaffer
were identified by Westbrook.
A. N. Stevenson, of Renovo, dealer in revolvers and car-
tridges, testified that a 32-calibre cartridge, no matter what the
make, would fit any 32 calibre revolver. The cartridges found
on Shaffer were 32-calibre rim-fire cartridges, stamped “H,”
mark of the Winchester Company, and those found at the Colby
house were shells of 32-calibre rim-fire cartridges, stamped
“U. S.”
-

29
Charles Franciscus, druggist of Lock Haven, a graduate in
chemistry, analyzed one of the stains on the garments of Nora
Colby, and found it was blood; also made a test of the stains
on Shaffer's pants, and found they were blood stains; the
pantaloons had undoubtedly been washed after the stains came
upon them.
At this point the Commonwealth rested, when Attorney
Abrams, for the defense, asked until Thursday morning to open
his side of the case. The request was granted.
Excitement over the trial had now reached the zenith, and
when Court convened on Thursday morning, a sea of anxious
faces was presented, and the interest manifested was without
parallel in the history othe Court. Morbid curiosity knew
no bounds, and old and young of both sexes were packed in
like sardines. Startling developments were anticipated for
the belief was general that the counsel for the prisoners had
prepared for a stubborn defense, notwithstanding the stagger-
ing testimony produced by the Commonwealth. But a stun-
ning surprise was in store for the eager multitude. Mr.
Abrams, on the part of the defense, waived a formal opening
and proceeded to call witnesses.
John Brosius, one of the County Commissioners, who was
with Grugan when the gun was found, was called to testify as
to the measurement of the foot-prints he saw in the soft ground
around the historic grapevine bower. He said the one he
measured was ten and one-half inches long. When witness
was asked to measure Shaffer's foot the Commonwealth ob-
jected, and asked that what they proposed to show be put in
writing. This was done as follows:
“Defendant offers to prove by John Brosius, John Grugan
and other witnesses, that on Friday after the murder they
went together to the place of Isaiah Colby, where the murder
was committed, to look after evidence of crime. That within
two or three miles from the place of murder they found a gun
and shot pouch, which the Commonwealth has proved was
the property of the murdered man, and in his house at the
time of the murder; that they found human feet tracks at or
near where the gun and pouch were found, leading away from
the place where the gun was found towards a deserted and un-
traveled road across the creek near and opposite said place;
and then and there took a measurement of said tracks. De-
fendant further offers to prove that the measurement of the



3O
size of these tracks was ten and one-half inches long, and that
the defendant now in Court cannot possibly wear a shoe less
than twelve inches long; that he now has on the same shoes
he had on when he was arrested ; that the measurement of
said tracks are two to three inches shorter than the shoes he
has now on, or had on his feet at the time of his arrest, and
that the finding of the gun led to the finding and measurement
of the tracks.
“The purpose of this offer is to show that some one else
than the defendant committed the crime.”
The Commonwealth objected as follows:
I. Not rebutting or answering any part of the case of the
Commonwealth.
2. Not competent as a distinct defense unless offered to be
supported by further proof.
3. The shoes worn by prisoner on day of murder are not
identified, and it is not offered to identify them.
4. Too remote in time and location, being at least five days
after the murder the tracks were seen, and all the proof being
that there was a much traveled public road between Fishing
creek and the spot where the gun was found.
5. Irrelevant and incompetent.
Signed by counsel for the Commonwealth.
The Court delivered the following opinion:
By THE COURT-It is in evidence that between the place
and where the tracks were discovered, and the place where
the gun was found, there was a public road, and the offer in-
correctly states, that these tracks led from the place where the
gun was found, as the public road intervened. We think the
objections on the part of the Commonwealth are well taken,
and a bill is sealed for defendant.
[sea L. C. A. MAYER,
President Judge.
Then came the great surprise of the trial, when Mr. Abrams
stated that on account of that testimony having been ruled out
the defense was compelled to rest, as they had nothing further
to offer. It fell on the audience like a thunderbolt from a clear
sky, and for the first time during the trial there was a feeling
of pity for the prisoner.
District Attorney Brown then addressed the Court and Jury.
He began by declaring himself sorry that the counsel for the
prisoner had no defense to offer, and then started in to review
the testimony of each and every witness in the order in which
they testified, begin-
by and ending with
Each and every arti
dence was shown by
he made such reſer-
not fail of recalling
connected with it.
in evidence were care-
ning with John Col-
Mr. Franc is cus.
cle offered in evi-
him to the jury, and
ence to each as would
every circumstance
The maps that were
fully explained to the
º
jury, according to
º the testimony of the
witnesses, to show
ºtherelative locations
of the many points in gº = i. neighborhood of
the Colby place so - often referred to in
the testimony. The Attorney Brows, motive for the crime
was no doubt the ravishment of Nora Colby. Everything went
to show that from the fact that her clothing and some grass had
been crowded under her body to raise her from the ground,
and argued that such was at least one motive for the crime.
Another motive that might be presented is that of robbery and
plunder. Mr. Brown then followed the chain of circumstances
brought out in evidence, and showed all the facts that point to
Shaffer as the author of the crime. In closing up his address Mr.
Brown said : It is for the counsel on the other side to show
you how Luther Shaffer came into possession of the watch that
was identified as in the possession of Isaiah Colby the night
before he and and his wife Nora were murdered.
Thursday afternoon W. C. Holahan, Esq., addressed the jury
in behalf of Shaffer. He called their attention to the fact that
they were there to sit
the life or death of a
that he was not there
did he mean to say
Colbys was not one
cious crimes on re-
committed that
devolved upon the
out the perpetrator.
strong array of tes-
monwealth had pro-
this had been possi-
asjudges to determine
prisoner. He said
to palliatecrime; nor
that the murder of the
of the most atro-
cord. Somebody
deed, he said, and it
authorities to ferret
He referred to the
ºstimony the Com-
sº duced, and said that
missioners had the
ATTORNEY HOLAHAN.
ble because the Com-
county treasury at














32
-
there to see that no
their back and could employ learned counsel and detectives, and
hire carriages, while the prisoner at the bar was poor and de-
serted by all his friends in this his hour of trouble. He asked
the jury not to convict this man on circumstantial evidence, and
referred to the case of Lloyd Britton, who was hanged
in Williamsport several years ago, and it was afterward learned
that another was guilty of the crime.
His speech was a brilliant one, particularly so when it is
considered that there were no hooks upon which to hang his
logic—no circumstances around which he could artfully throw
the veil of mystery. It was like battling a resistless tide.
T. T. Abrams, Esq., made the final appeal for the life of the
prisoner. He opened by referring to the great importance of
the case being tried, and called especial attention to the sacred
duties that devolved upon the jurors. He expressed himself
as confident that - each and every one
of the twelve would do his whole duty in
this matter, and stated that he was
injustice was done
case, he said, was not
that there had been
tragedy, and there-
- defendant rested en-
sistantial evidence.
sº tempt to deny that a
foul and atrocious murder had been
committed, and ºf - when he thought of
the scene of carnage, * * outrage and blood-
shed, he wondered that bolts of lightning had not descended
from the skies and blotted out the existence of the perpetrator
while he was engaged in his hellish work. He went over the
evidence and analyzed it carefully, picking out the doubtful
points. He said there were some things in the evidence hard
to account for, and the accused having the Colby watch in his
possession, it was claimed that the watch was the turning point
in the case. All he could do for his client was to ask the jury
to sift the evidence carefully and give him the benefit of every
doubt.
the prisoner. The
of the ordinary sort;
no eyewitness to the
fore the fate of the
tirely upon circum-g
He would not at .
* *- :
Friday morning when Shaffer was brought in he bore a mild -
expression, and looked as gentle and as harmless as a dove.
As he approached and took his seat within the bar he smiled
pleasantly as Mr. Hipple saluted him, but that smile was a
deceptive mantle, covering o'er the raging fire within. As
-















33
soon as Mr. Hipple turned his back the smile vanished, and
that peculiar glitter flashed in Shaffer's eyes. Little did the
unfortunate prisoner think that soon was to be drawn the most
horrid picture of his crime, with an eloquence and power that
would cause stout men to tremble. To T. C. Hipple, Esq., had
been reserved the duty of making the closing address on behalf
of the Commonwealth. He opened by addressing the Court
at great length on the subject of the difference between the
people and the prisoner at the bar. He did not represent him-
self, but stood for the people. He did not seek the blood of
the man. He prosecuted Luther Shaffer because he believed
him to be a murderer. -
At the conclusion of his remarks to the Court Mr. Hipple
addressed the jury, reviewing the whole case and urging them
to render a verdict of murder in the first degree. The blood
of Isaiah and Nora Colby cries aloud to Heaven for vengeance
as did the blood of Abel. He drew a
stirring picture of the child found in the
house after thirty hours of famishing.
He referred to the death of Shaffer's
mother, but said he believed she died a
natural death; but N or a Colby, the
mother of that poor child, had been cruel-
ly murdered. If you Want more women
to die in that man- - * ner in the county, he
said, then acquit this wº º man. There was a
perceptible agitation º "Tº * all through the audi-
ence at this point, as `` well as at others
during the delivery A"toº ºne of Mr. Hipple's
speech. At times he became very dramatic in his gest-
ures and manner of speaking, and carried the vast audience
with him as he proceeded to take up the testimony link by
link and put them together into a continuous and unbroken
chain. He showed the bullets, the cartridge shells, the revol-
ver, the watch, the torn and bloody garments of Nora Colby,
the blood-stained pants worn by Shaffer when captured, and
the vials of blood taken from the garments; the analysis that
proved that the stains were blood, and all the articles that were
placed in evidence to connect Shaffer with the crime. When
he described the red handed murderer stealing into that peace-
ful home and perpetrating his deadly work, there were tears in
abundance in the eyes of the spectators. The scene presented
when he took up the bloody clothes of Nora Colby, and showed




34
how the monster had shoved them under the dead woman's
body, and how the fiend had treated her person after she lay
before him helpless and naked, was a stirring one. He stated
that it was monstrous that such a fiend was abroad, but he
hoped with the assistance of the jury that he would not be
abroad any more. He followed Shaffer from Hublersburg to
the wilds of Potter county, detailing all of his actions en route;
how, when he read Griff's account of the murder, he was anx-
ious to be shaved, and how he started out into the wilderness
as soon as his side whiskers had been removed.
In concluding, the speaker returned to Hublersburg and
described Shaffer's journey as being marked with black tracks;
everywhere he was seen he left those black tracks; the black
tracks led to the Colby house; they entered; here they were
changed to red tracks. Red tracks everywhere, even up into
the wilds of Potter county, where he was arrested. What next?
he asked ; a jail; what next? a court trial; what next 2 a scaf-
fold; what next 2 there comes a voice from the dead—from
Nora Colby—“I am avenged.” There comes a voice from the
dead Isaiah Colby, “I am avenged.” -
Shaffer was like a statue during the delivery of this telling
speech, excepting the natural heave of the chest. Once, how-
ever, the cold, statue like appearance suddenly changed; it was
when Mr. Hipple e rred to Shaffer's dead mother; tears came
in the prisoner's eyes, and then his gaze was riveted to the
floor. The legal gentleman had touched the only tender spot
in Shaffer's soul; had tapped the only fountain of sorrow
within that tenement of clay. When Mr. Hipple concluded
there was loud and prolonged applause; as well might some
frail Hand attempt to check Niagara's torrent as to have made
an effort to suppress the bursting enthusiasm which had been
struggling to escape during the eloquent, and it can truthfully
be said dramatic, portrayal and logical review of the crime.
When court adjourned Mr. Hipple was surrounded on all sides
and complimented for his able effort. -
Judge Mayer's charge to the jury was an able effort. He
reviewed the evidence carefully, explained the different degrees
of murder, clearly showed the weight of circumstantial evidence,
and explained in detail what constituted a reasonable doubt,
stating that if the jury convicted they must determine the grade
and degree of the prisoner's crime.
At 2.45 p.m. the jury retired, and at 3:52 came in with a
verdict, finding the defendant, Luther J. Shaffer, guilty in man-

35
ner and form as he stood indicted—of murder in the first
degree. The jury were unanimous from the start, and could
have rendered their verdict without leaving the box. Only
one ballot was taken.
The prisoner was then returned to the jail—a doomed man,
to await the hour when he would be led to the scaffold, and,
suspended between heaven and earth, pay the penalty for the
commission of an act the most brutal and bloody in the annals
of crime.
On Monday, December 12th, Shaſſer was taken to the Court
House to receive his sentence. At the opening of court T. T.
Abrams, Esq., for the prisoner, submitted eight reasons in sup-
port of a motion for a new trial.
The petition was over-ruled by the Court and a new trial
refused, because the reasons assigned for a new trial had
already been considered during the progress of the case.
District Attorney Brown, keenly feeling his position, arose
and moved that judgment be entered upon the verdict and sen-
tence be pronounced by the Court: -
By THE COURT: Luther J. Shaſſer, will you please stand up?
Have you anything to say why sentence of death should not
be passed upon you ? -
LUTHER J. SHAFFER : No, sir.
By THE COURT : You have had a fair and impartial trial, and
were ably and zealously defended by your counsel. A jury of
your own selection have rendered a verdict in which they have
found you guilty of murder in the first degree. By the stern
mandate of the law the punishment attached to this crime is
death. Impressed with a sense of the obligation of our oath
“to discharge the duties of our office with fidelity," we cannot
shrink the solemn and painful responsibility that devolves upon
us of pronouncing the sentence that condemns you to death.
The evidence adduced on the trial discloses the commission
of a crime almost unparalleled in atrocity, and in your moments
of reflection its vivid recollections must appall you. In this
your dire extremity, human agency is powerless to afford you
any relief or bring you any consolation. Let me admonish
you, therefore, to prepare for the great change that awaits you,
and turn your thoughts to the only source of true consolation
and forgiveness, a merciful God, who is able to save to the
uttermost those that call upon Him in sincerity. -
The sentence of the Court is that you, Luther J. Shaffer, be
taken from hence to the common jail of Clinton county, and
36
from thence to the place of execution, and there to be hanged
by the neck until you are dead, and may God have mercy on
your soul.
The prisoner stood fixed and motionless while the sentence
was imposed, except an occasional slight twitching of the
muscles of the neck, apparently the most indifferent person in
the vast concourse of people assembled. His Honor, Judge
Mayer, exhibited emotion; Attorney Hipple, who had so vig-
orously prosecuted the case, was almost moved to tears, and
turning to a gentleman near by him, said: “It’s pretty rough,
isn't it?” A death-like silence seemed to reign in the temple
of justice, and the large audience was hushed—almost breath-
less. It was a solemn occasion, when Luther J. Shaffer could
look forward and feel that only a brief interval of time inter-
vened between life and death on the scaffold. Yet, strange as
it may seem, Shaffer, who had stood erect, with his hands
folded on his back during the delivery of the sentence, took his
seat with a smile playing upon his features, causing all to shud-
der who witnessed it.
|
|


CHAPTER IV.
-
A SKETCH OF SHAFFER's LIFE Down to AUGUST, 1887.
Jasper Luther Shaffer, the perpetrator of this awful deed,
was born in Logan township, Clinton county, Pa., June 30th,
1865, and is therefore in his twenty-third year. His mother
died in giving birth to Charlie, his younger brother, when he
(Luther, as he is called.) was but six
years of age. The father, with the help
of his daughter, succeeded in raising
the baby, who is now in his seven-
teenth year. About seven years ago, Mr.
Shaffer, senior, re- solved to take unto
himself another wife, and a widow
named Karstetter was chosen to preside
over the household. No sooner had she
been installed as is mistress of the farm
than trouble began, § the usual antipathy
for a step mother º manifesting itself in
the children, and “LUTE" sharper. At 17. the dislike being mu-
tual made matters all the worse. By taking both sides of the
story and deducting therefrom the pith, it is not difficult to see
that both were equally to blame.
However, matters finally culminated in a row between
“Lute," who was now sixteen years old, and the step-mother,
on account of the alleged bad treatment of little Charlie, in
which the step-mother was knocked down and dragged over
the floor by the boy, and only escaped with her life by the
timely interference of “Lute's" sister, now Mrs. Swope, of Lock
Haven. For this offense the boy was arrested and taken to the
county jail, and afterward convicted and sentenced to pay a
fine of $10 and costs of prosecution. This score was settled
by Lute's father, and he was once more free.
The step-mother then declared that if “Lute" was to return
to the homestead she would not live there, and told her husband
that he must choose which of them he desired to remain. The
choice being in favor of the step-mother, “Lute" left the old











38
home to become a wanderer—a tramp. He went to the West,
and being a devoted admirer of dime novel heroes, whose ex-
ploits he longed to participate in, he hoped to carve out for
himself a record teeming with hair-breadth escapes and deeds
of daring; in other words he wanted to be a “tough,” and
have his name go thundering down the ages as one of the
most reckless, bravest and redoubtable characters of his day,
as “WILD LUTE, THE TERROR OF THE PLAINs.”
But his dream of bliss was rudely dispelled when he arrived
as far as his money would carry him, and instead of finding
himself in command of a band of desperadoes, “holding up"
stage coaches, robbing railroad trains, torturing his helpless
captives, and stealing pretty maidens from the arms of noble
lovers, he found himself working in the harvest field on his
uncle's farm, of which occupation he soon grew tired and re-
solved to return to the East, which he did, but not to remain
long.
The nomadic life he had begun had taken a hold on him
that it was impossible to shake off, and he again started out a
full-fledged tramp, going he cared not whither and living on
what he could beg or steal. In his travels, as he was passing
through the State of Ohio, on one occasion he was stealing a
ride on a train when the conductor ordered him to get off, but
instead he picked up an iron bar that was convenient and
attacked the trainman, nearly killing him. For this offense he
was arrested and sent to the Columbus Penitentiary for a term
of three years. So far as name goes, Jasper Luther Shaffer had
ceased to exist, but upon the prison register at the above insti-
tution will be found the name of Charles Spencer, who is none
other than “Wild Lute.”
At the expiration of his three year sentence, “Lute" came
back to Pennsylvania, and to Lock Haven, where his father
and his brother-in-law, William Mosher, had engaged in the
flour and feed business, and was given employment as driver
of the delivery wagon; but a renewal of the old-time trouble
with his step-mother made matters rather unpleasant, and the
boy himself having become so reckless that his own sisters
were afraid of their lives, it was determined to send him West
again, this time to Jasper county, Missouri, where his brother
Al lived on a farm. He was given a eheck for $20 by his
brother-in-law, William Mosher, dated March 18th, 1887,
which shows that he left for the West about that time.


39
Arriving at his brother's farm Lute went to work and be-
haved himself splendidly for a while; but that inherent desire
for wrong-doing could not be kept in subjection, and the next
depredation he engaged in was to defraud Jacob Hout, a poor
old unsuspecting farmer, by passing on him a brass check,
representing it to be a five dollar gold piece. As soon as the
old man discovered that he had been swindled, he caused a
warrant to be issued for “Lute,” on which he was arrested by
a constable at the town of Sarcoxie, in Jasper county, Mis:
souri. But he managed to elude the vigilance of the officers
and made his escape, as the following, being a transcript of the
docket entry of the Justice before whom Shaffer was arraigned,
will show.
JUSTICE'S DOCKET-STATE CASEs. -
John T. Willoughby, J. P., Union Township, Jasper County, Missouri.
| THE STATE of Missouri l Defendant is charged with passing a five
vs. dollar gold coin or spurious metal upon
LUTHER SHAFFER. | Jacob Hout, on the 2d day of May, 1887.
- - -
This day comes Jacob Hout and files his complaint under oath, charging
the defendant, Luther Shafer, with uttering and passing upon him a five
dollar gold or counterfeit coin, or spurious metal, and thereupon I issued a
warrant against the said Luther Shaffer, and delivered the same to Philip
Borger, Constable of Union township; warrant returned executed by having
the body of defendant before me as commanded, and the prosecuting At-
torney not being present, this cause is continued to the 4th inst., at 10
o'clock a. m., and that defendant, Luther Shafer, remain in the custody of
said P. Borger, Constable, for further examination. -
May 4th, 1887.-The above cause coming on to be heard, and it appearing - -
to the satisfaction of the Justice, that said Luther Shafer had broke eus-
tody and escaped from P. Borger, Constable, this cause is continued in-
definitely. - John T. WILLoughby,
- ºustice of the Peace.
Following is a copy of the information upon which the
warrant for Shaffer's arrest was issued :
STATE of Missouri, s
County of Jasper.
This affiant, Jacob Hout, being duly sworn upon his oath, states that on
the 2d of May, 1887, at the County of Jasper, in the State of Missouri, one
Luther Shafer, did then and there utter and pass upon him, the said Jacob
Hout, a spurious coin or metal, representing the same to be a five dollar
gold coin, wilfully and knowingly, for the purpose of cheating and de-




- 40
frauding him, the said Jacob Hout, and did, through such representation
obtain from him, the said Jacob Hout, the sum of four dollars and fifty
cents in money, and fifty cents worth of tobacco.
- Signed, Jacob Hour.
Subscribed and sworn to before -
me this 2d day of May, 1887. - -
John T. WILLough BY, -
Justice of the Peace.
The above documents were forwarded to ex-District Attor-
ney Brown, of Lock Haven, on application by him to the
above named Justice of the Peace, and were accompanied by
the following letter:
Mr. Geo. A. Brown, Esq., Attorney at Law:
DEAR SIR-Allow me to say to you, that yours of the 30th ult, came to
hand this day, at 4 p. m., and as I live twelve miles from Carthage, our
County seat, I had no chance to obtain County Clerk's certificate to my
official acts as a Justice of the Peace in Jasper county, Missouri. If you
find Shafter guilty, I hope you will mete out to him such punishment as he
deserves, so that he will never come back here again to annoy and make
trouble among us. Respectfully, -
- - - John T. WILLoughby,
- Sarcoxie, Jasper county, Mo.
A few days before the murder of the Colbys occurred, Al.
Shaffer, the Missouri farmer, was in Lock Haven, his errand
being to get possession of Charlie, the youngest brother, with
the intention of taking him to the Western home, that he might
be surrounded with influences better calculated to fit him for
the responsibilities of life than those he had been accustomed
to. To use the brother's own words, “Sooner than have little
Charlie turn out a vagabond like 'Lute, I would give the last
cent I own.”
It was from Al. Shaffer that “ Lute's '' family learned of his
latest doings, and were also informed that when he made his
escape from the constable he took Al's team and drove to the
nearest railroad station, where he left the horses and sent word
to his brother to come after them, as he was going to Kansas.
This latter information was given, in all probability, for the
purpose of throwing the officers off his track, as it is positively
known that instead of going West to Kansas he came East to
Pennsylvania, and left a trail of blood through the Sugar Valley
Narrows.

CHAPTER V.
shAFFER's TRAVELS AND THE commission of THE CRIME.
“Lute” Shaffer arrived in Centre county on Thursday,
August 4th, 1887, coming on a freight train, from which he
disembarked at or near Curtin's Station, on the Bald Eagle
Valley Railroad, about three o'clock p. m. Here he fell in with
one George Swartz, who was driving along the road in a buggy,
and was carried to Hublersburg, after which he started to walk
in the direction of Nittany Hall, but soon went off the main
pike, going down a branch road. About ten o'clock that night,
as he was lying alongside the road, he was accosted by a young
man named Had Allison, who, thinking him asleep or injured,
called to him and asked what he was doing there. Shaffer
then jumped to his feet, exclaiming:
“It's none of your G–d d-n business!”
Allison told him to keep cool, and after a few more growls,
Shaffer started down the road, leaving Allison standing still.
About five o'clock Friday morning we find our traveler en-
tering Henry Robb's hotel at Nittany Hall, where he purchased
a pint of whisky. Two hours later he passed the Crawford
toll gate, on the Brush Valley Pike, and a short time afterward
he met Susie Reese and Robert Billett, and attempted an
assault on the girl, but she fled into the woods and eluded
him. About seven o'clock that same evening he was seen on
the same road.
On Saturday morning, August 6th, between one o'clock
and daylight, he appeared at different points along the Narrows
to three or four farmers in the character of a highwayman, and
at about eight o'clock that morning he was seen by Harvey
Bierly, J. A. Sheets and John R. Brown, standing at the mouth
of Cherry Run, with his foot on the fence rail and looking up
the private road that led to the home of Isaiah and Nora
Colby. - -
On Sunday morning, August 7th, we have it from Shaffer's
own lips, he went to Colby's house for breakfast. He had
eaten his morning meal there the day before, and had given

42
his name as Wilcox and his occupation as a dealer in horses.
But the quick eye of Nora had recognized him, and when he
came on Sunday morning she asked if his real name was not
“Lute" Shaffer. Finding that denial was useless, he admitted
to her that she had guessed correctly, and easily explained to
the satisfaction of Nora and Isaiah his reason for assuming a
false name. *The Colbys having just arisen from their bed,
breakfast was not prepared, and telling Shaffer to sit down and
make himself comfortable while he went out and cut some
grass to feed his stock, Isaiah left the house, going down to
the meadow, about eight hundred feet distant.
Left alone in the house with a good-looking, voluptuous
young woman, full of life and very agreeable, it is not surpris-
ing that his brutal animal instincts should get the better of
him, and that his ignorance should cause him to misunder-
stand her friendly manner, and construe it into a warmer feel-
ing. But when he made advances to her of a sort that is cal-
culated to give offense to an honest woman, he realized his
mistake. However, all his passion was aroused by this time,
and he attempted to accomplish by force what he had failed to
do by persuasion. Heroically the woman struggled with the
lustful villain; but she was no match for him, and was finally
forced to the floor. Finding that unless assistance came she
would fall a victim to the brute, she summoned all her strength
and made one more desperate effort to free herself, at the same
time uttering a piercing scream. This alarmed Shaffer, who
released his hold on the woman, and she taking advantage of
this cessation in the struggle quickly rose to her feet and fled
from the house.
Shaffer at this point realized his danger. He feared that if
she escaped him his arrest would surely follow, and then the
robberies would be traced to him also. “She must not live to
tell of this,” thought Shaffer; and drawing his revolver he
started in pursuit, firing as he ran. The first shot entered in
her left shoulder and passed through the flesh. Nora then
turned half around and held up her arm as though to ward off
the awful bullets. By this time she had crossed the little -
stream of water that runs past the door of this humble cottage.
Bang! went the second shot, and the leaden missile entered at
Nora's right front shoulder, passing into the back, where it
lodged in a small muscle. Down went the luckless Nora, and
soon her assassin was beside her. C. A third shot was fired,
which found lodgment in the woman's brain; but whether this



| 43
occurred at this time or later on will probably never be known.
But Isaiah Surely he would be alarmed by the shots and
would soon be in to learn the cause of the firing. Shaffer real-
ized this, and concealed himself in the brush that was so thick
all around that spot. Isaiah no doubt heard the shots from
where he was at work, or more likely still he was on his way
toward the house when the shots were fired. The thick growth
of brush would make it impossible to see anything that trans-
pired where Nora fell until he was within fifteen feet of the spot
where she lay. As soon as his eyes fell upon the prostrate
form of his Nora, naturally enough he sat the basket of grass
down as quickly as possible and hastened to her side.
Bang! went that awful revolver again, and Isaiah Colby fell
forward a corpse, his hands clutching convulsively in the grass,
and his brain oozing from a terrible wound in the right eye.
When the bodies were discovered Isaiah Colby lay just as he
fell, not a single article of his clothing being disturbed, and
when the posſ ſ/zoº/eſ/n examination was made, a chew of tobacco
found between his teeth showed that death was instantaneous.
Let us now drop the curtain for a few minutes to shut out
from the gaze of the reader the enactment of a crime, which
for heinousness and brutality surpasses even the atrocious
murder just committed; a deed so inhuman that a dumb brute
would shudder at the contemplation of it.
Holy God! what sort of a creature is this “Lute” Shaffer 2
>< >k sk >k >k sk -k
The condition of Nora Colby's clothing and the position of
her body when found showed only too plainly what had been
her fate, and the examination made by Dr. Huston, of Mackey-
ville, revealed the awful truth, 7%e àody of Mora Co/6) had
been vio/aſed, either while she was insensible from the effect of
the second shot or after she had received the wound that
proved fatal.
Leaving the bodies of his victims lying out there in the
morning sun, beside the babbling stream, that has since become
historic by reason of this terrible tragedy, Shaffer retraced his
steps to the house; and the bloody finger-marks on the doors,
the utter confusion in which everything was found on the fols
lowing day by Mrs. Anna Colby, all go to show that he rifled
the house in search of something of value. A watch—old
John Colby's watch—was hanging on a nail beside the win-
dow; this, together with a pair of pantaloons belonging to the
murdered man, $3 in money, and a rifle, shot pouch and

44
powder horn seemed to constitute all of the dead
people's possessions that the murderer desired. Loaded down
with these, Shaffer started off, after having reloaded his revol-
ver. His reason for taking the gun was to prevent armed
pursuit, believing that if the crime was discovered before he
had gone far that the party making the discovery would shoul-
der the gun and follow him. Having no use for the gun he
evidently secreted it in the bower formed by a grapevine en-
veloping a tree, where it was found by the aid of County Com-
missioner John Grugan's wonderful dream, by Messrs. Grugan,
Engles and Brosius, the County Commissioners of Clinton
county, a few days after the murder was discovered.
This remarkable dream attracted great attention at the time,
and as the investigation progressed many of the incidents the
gentleman professed to have witnessed in the vision were
brought out, and there are more to follow. It was on the
Thursday night preceding the tragedy that Mr. Grugan
dreamed that he saw a crime perpetrated that corresponded
exactly with the Colby tragedy as afterward revealed. He saw
the face of the man who did the deed, and saw him carry
something into a clump of bushes and there conceal it. He
also declares that he saw a party of men erecting a scaffold
upon which to hang the murderer, and that he was asked by
them to make a noose in the rope that dangled from the beam
overhead. As Mr. Grugan is a man whose word is as good
as his bond among his acquaintances, even those who are not
inclined to place any reliance in dreams are made to stop and
ponder over this strange affair, coming as it did from a man of
such reliability. Some portions of the strange narrative have
been verified by the developments made, and who can say that
the remainder of it will not be revealed.
But to resume. Shaffer continued on toward Lock Haven
that bright Sabbath morning, keeping under cover of the trees
that skirted the base of the mountain—his mind haunted by
the images of his victims, and every sound made by the wind
as it sighed among the tree-tops causing him to start with fear
that it was the footsteps of an avenger; and even the merry
song of the birds that flitted overhead failed to drown the
piercing shrieks of Nora Colby that still rang in his ears.
Wild-eyed, haggard and almost drooping with fatigue and
weighed down with the enormity of his crime, he sought to
refresh himself by taking a bath in Bald Eagle creek under-
neath the railroad bridge that spans this stream at Flemington.

45
Here he removed his outer shirt (he wearing two shirts prior
to this) and consigned it to the waters of Bald Eagle creek.
This garment was no doubt stained with the blood of his vic-
tims, and he dared not risk being seen with any such evidence
of this bloody work so prominently displayed.
Loitering along the road, it was after one o'clock when he
reached Lock Haven, and going direct to Krom's Hotel, op-
posite the passenger station, he got his dinner. In the even-
ing we find the red handed murderer in a lumber yard in Lock
Haven in company with several young men, to whom he ex-
hibited several watches, among them the time-piece taken from
the Colby house, which he offered for sale, but found no pur-
chaser. That night he spent at Krom's hotel, and the follow-
ing day he went up the river, and at one or two places asked
for work. A dance was held at Wetham, about fifteen miles
North of Lock Haven, which was attended by Shaffer, not as
an invited guest, however; but he merely strayed to the house
where a party of young folks were enjoying a little innocent
amusement. He did not take part in the festivities, but sat in
an obscure corner, and when the assemblage dispersed he went
to a stable and slept until morning.
The next day (Tuesday) he went as far as Renovo, but
did not remain there long, going on to Stout's lumber camp,
where he obtained work. On Thursday he returned to Re-
novo and left a brass watch (one he took from Farmer Frantz
on the highway) with Smythe Brothers, jewelers, to have it
gilded, and on Saturday he called for it, but it was not ready.
He then left his address, paid for the work and asked that the
watch be sent to him the next week at Stout's lumber camp,
North Bend. Before leaving this store he produced the Colby
watch and offered it for sale. Mr. Smythe refused to buy it,
saying that it was worth only what the cases would bring for
old silver. Shaffer seemed determined to sell, and asked what
the cases were worth. Mr. Smythe removed the works,
weighed the cases and said they were worth seventy cents. It
was a bargain, and after getting thirty cents additional for the
works he left, and the next we hear of him he calls upon his
sister in Lock Haven and learns for the first time that he is
suspected of the Colby murder, and he at once began his pre-
parations for escape, saying to his sister, in a sort of super-
cilious tone, that he would “go so far away that they would
never hear of him again.”
46
When he came down from Stout's camp, Shaffer stopped at
the house of one Henrietta Edgar, at what is known as the
pumping station, about two miles from North Bend on the
West Branch of Young woman's creek, where he left a bundle
of clothing tied with a sursingle. When he started to make
his escape he went in this direction, and reached this house
in the forenoon of Thursday, August 17th. Here he picked
up a copy of Pºjºania Grif and read of the tragedy–
the first printed account of the affair that he had seen—when
he at once exhibited great agitation and inquired if there was
any one there who could shave him. A man named McCarthy,
who happened to be in the house at the time, volunteered to
perform that service, which he did, and a few moments later
the side-whiskers by which he had been so often recognized
had disappeared, and the fugitive appeared with a handsome
curling moustache as his only facial adornment. He wasted
no time at this house after the tonsorial operation, but asked
for the bundle of clothing tied with a sursingle and departed.
On up into the lumber region of Northern Pennsylvania he
pushed his way, and that night he spent in Dick Francis'
camp, where he conversed with several men about the murder
and told them that the right man had not been captured. The
next morning he left, still pushing northward toward the New
York State line; but fate ordained that he should lose his way
that day, and he had only put a few miles more between him-
self and his pursuers when night overtook him at a farm
house. Securing accommodations there he remained until
morning, when he again pushed on and about noon he entered
Smith's lumber camp, just two hours ahead of Officers West-
brook and Vernes. -
The travels of the pursuing party and the capture of Shaf-
fer have been detailed in a previous chapter, and thus the plan
of escape mapped out by the red-handed murderer was nipped
in the bud, which was brought about with the aid of an All-
wise Providence, it never being intended that so horrible a
tragedy should go unpunished.






CHAPTER VI.
sHAFFER's confession IMPLICATING Johnson.
Since his confinement in the Clinton County Jail Shaffer
has given many different versions of this bloody affair to many
different parties. That this fiend in human form is not only
more depraved than the lowest of the animal species, but is
the most stupendous liar that was ever allowed to exist, is
proven by the many different stories he has told. But
on Wednesday, December 28th, he dictated to his attor-
ney, W. C. Holahan, Esq., the following alleged confession,
which was purchased from that gentleman by Pennsylvania
Grif, the more than 150,000 readers of that enterprising jour-
nal being eager to learn everything that pertained to the
tragedy so graphically depicted in the foregoing pages of this
volume. The portion of the confession that refers to the com-
mission of this crime, after telling of his troubles at home, and
his travels in the West, was as follows:
“A man named John W. Johnson, whom I had known from
my earliest memory, then came to me. It is so far back that
I can hardly remember the details of his conversation. He
then lived on what was known as the Colby farm in the Sugar
Valley gap. It was a lonely place and cattle were running
loose in the woods for pasture. He then told me how we
could kill them in the woods and butcher them together; then
I was to take them to market and sell them and give him half
of the money. I don't know who owned the cattle; we killed
two at first, and I sold them and gave him his share of the
proceeds, but we killed many in this same way afterwards; I
was so young that I could not undertake to say how many or
who owned them. This was my first crime, and this man then
got control of me;—this while I staid at home on the farm.
My father moved to town and my brother Farus took the farm,
and Johnson still came over after me to kill cattle. I was
about fifteen years old when he got me into this work, and we

48
followed it up for over four years. By this time I began to
think for myself, and I thought it was time to get out of John-
son's clutches. —&Tº I went West,
was a cowboy, = - saw all kinds of
rough people, as - - -s lived a roving
life, thought º S-_º that nobody
cared for me,
a b out from
until I came to
field county, Pa.
Wichita, Kan.,
letter from John
wrote him I was tº
c in e, was
and drifted
place to place
Brisbin, Clear-
sº While I was at
§ I received a
W. Johnson. I
selling medi-
jº making my
way eastward ºf and was going
to Brisbin to - - - tº work. I knew
the company I #fff; º º was to work
for ; had work- --- = ed for them be-
fore and knew my chances for
a job were good. I got a job
there and was working at
got a letter
from Johnson, which as near as I can recollect read as follows:
“' MR. LUTHER SHAFFER—Dear Sir 2–I am well, hop-
ing these few lines will find you in the same state of
health. Friend Luther, as you have been trustworthy
to me so here is a few secrets that are important to me
only. As I told you in my last letter at the time you
was in Wichita, Kansas, and I did say that the Colbys had got
me out of the Narrows, and I stated to you that I would have
revenge out of them, and if it was in hell. So I will take the
advantage of them, the same as they did on me, by going and
cleaning the whole family out. So I will close for this time.
Yours ever truly from your friend
THE JAIL YARD.
Brisbin when I Where the execution will take place.
John W. Johnson,
Hublersburg, Pa."
“I came over to Nittany Valley after this. I was always
afraid Johnson would tell on me in the cattle business, or try
to put me out of the road. I wanted to see him and made
an appointment to do so. I was prepared for him. I met
him at the point where Had Allison saw me laying in the
fence corner. I was waiting for Johnson at the time, and had
a long talk with him at that place. At his suggestion and







49
persuasion it was then planned that these robberies in the Nar-
rows should be committed. He is a good talker, and he talk-
ed me into it. This was Friday evening. Allison must be
mistaken one day. He arranged to meet me at Cherry Run
on Saturday night. He was not with me at the time of the
robberies, but was the instigator of them, and got half of the
money. I had no intention to kill any of those men, only to
frighten a little money out of them. I had no trouble to get
any of it.
“Essic Kline and James Kline I must say, so far as I know,
they are perfectly innocent of the whole business; this is only
justice before God. If they know anything about it, it must
have been from Johnson; I never knew them. The girl who
swore we ate supper there was mistaken; I never was there;
it was some other man or nobody. Johnson met me at Cherry
run on Saturday night, according to our agreement; we met
at the road about a hundred yards from the Colby house, about
half-past twelve or one o'clock at night, Johnson told me to
go to the house and tell Colby that a man was in the road with
a broken wagon. When I was about to go he asked me for
my pistol; I gave it to him, not knowing what his purpose
was. Colby was in bed; I called him ; he came out and I
told him there was a man in the road with a broken wagon.
He started with me to the road, and after we crossed Cherry
run the first thing I then saw, to my surprise, Johnson met us
with a cocked revolver, and at that moment Colby fell dead at
my feet. I was horrified, but Johnson had the pistol and I was
in as much danger as Colby. This was the first I had any
idea of his intention to kill. Mrs. Colby came out screaming,
and he shot her three times. He then got the grass and fixed
them in the positions in which they were found. I had the
cartridges, and he gave me the revolver to reload. I did it
with eagerness, for I was afraid he would shoot me; and I kept
the revolver. We then went into the house and found the
child, which had gotten up. He asked me for the revolver to
kill the child, but I got between him and it, and said to him :
“‘Johnson, if you kill that child I'll be G–d d=d if I don't
shoot you so full of holes that you won't hold long straw.
“Johnson got mad at me and wanted to fight, but I held him
off with the revolver. Then he took the watch off the nail and
wanted me to take it. . At first I refused, but he told me I
must take the watch, as he was going to take the gun. I then
took it from his hand. He searched the pocket-book for
50
money, but found none; I don't think he searched the house.
He then took the gun and started for the road. I think he
took the gun because I had the revolver, and he was afraid of
me. I kept my eye on him until we separated at the county
bridge. He had the gun when he took his way out along the
mountain toward his house, and I started for Lock Haven, and
got out of his sight as fast as I could. I came down Fishing
creek to Lock Haven.
“When I got to Lock Haven I stopped at a certain house,
and the woman who said she saw me cross the railroad lied;
she had a grudge against me because I was sent there once to
collect a bill that she would not pay. I had not seen Johnson
afterward until we met in jail, but heard of his arrest at Renovo,
before going to Stout's camp.
“When I heard Mr. Hipple's speech, in which he said if that
child could talk he would tell it all, I felt in my heart if that
child could talk it would tell how manfully I had saved its life
at the risk of my own. That poor child to-day owes its life to
Luther Shaffer. This fact affords me a clear conscience; God
knows I never wanted to kill any one. -
“If there is no mercy in this Commonwealth I am a doomed
man. It can do my poor soul no good to have Johnson con-
demned, but I feel before God that I am innocent of that crime.
I want my dear father and brothers and sisters and everybody
to know the whole story, that they may feel that I am inno-
cent. I care not what witnesses they may trump up to con-
tradict my story, this is the truth. Witnesses may lie, as sev-
eral did at my trial, but they will tell the same story I tell
when they come to the grave. It is all over with me now. I
think Johnson got me into that robbery business to throw the
suspicion of his intended murder on me. He had me under
his thumb,from boyhood, and I charge all this trouble to him.
May God have mercy on his soul. If he meets me before
God's high throne I will appear as an angel and not as a mur-
derer; and if that baby ever talks it may remember to tell how
I saved its life from the scheming villain who would have mur-
dered it, and he has murdered me.
LUTHER SHAFFER.”
Witness : W. C. Hol. AHAN.
-









CHAPTER VII.
TRIAL OF JOHN W. JOHNSON.
JOHN w. Johnson,
The Second Man Convicted of the Colby Murder.
The trial, conviction and sentence of “Lute” Shaffer was not
the finale of this remarkable case; there were three others
indicted along with him for the crime, and at the conclusion
of the proceedings in Shaffer's case the Commonwealth elected
to try John W. Johnson next. - -
The regular term of Criminal Court, which began January
2d, 1888, was given up to Johnson's trial, and occupied the
attention of the Court for five days. The audiences the first


52
part of the week were not quite so large as at Shaffer's trial,
but as the case proceeded there was an increased attendance
at each succeeding session until Friday, when the room was
packed almost to suffocation.
The work of impanelling the jury began at two o'clock on
Monday afternoon, and it was half-past five when the twelve
men were called up separately and sworn “a true deliverance
to make according to the evidence.” Abram Shoff and John
Heimer were appointed tipstaves to take charge of the jury,
who were to be quartered at the Fallon House during the trial.
The jury as completed was as follows:
Charles Quay, farmer, Beech Creek township.
Harry M. Welliver, insurance agent, First ward, Lock
Haven.
Robert Wolf, blacksmith, Third ward, Lock Haven.
Harry Best, laborer, Lamar township.
John Pruner, laborer, Allison township.
Charles Keller, laborer, Fourth ward, Lock Haven.
H. A. Walker, farmer, Porter township.
John McCord, blacksmith, Second ward, Renovo.
Jacob Keller, farmer, Pine Creek township.
George L. Campbell, farmer, Leidy township.
A. D. Hamlin, machinist, Fourth ward, Lock Haven.
John Cornelius, laborer, Chapman township.
The term of office of George A. Brown, Esq., as District
Attorney, having expired on December 31st, A. W. Brumgard,
Esq., his successor, became the public prosecutor; but by
reason of the former gentleman having been identified with the
prosecution of this case, the new District Attorney did not
take any active part in the trial, leaving it to Mr. Brown. T.
C. Hipple, Esq., who was also interested in the prosecution of
Shaffer, again appeared for the people against Johnson. W. H.
Clough and John B. Myers, Esqs., were Johnson's attorneys,
and they defended their client with great zeal.
Johnson exhibited the utmost coolness throughout the trial.
He listened attentively to all of the proceedings, and frequently
called the attention of his counsel to the smaller details of the
defense. On Friday afternoon, while waiting for the jury to
come in, Johnson sat perfectly composed and chatted pleas-
antly with his attorneys and Constable Paul. To a gentleman
who spoke to him just a moment before the jury filed in and
made known their verdict, Johnson said:
“I am not at all afraid of the result if they do me justice.”
53
But when the verdict was announced he settled back into
his seat with a sort of listlessness and seemed dazed. He did
not give away to any display of emotion, however, so long as
he remained in the Court House, but as soon as he reached his
cell in the jail he broke down completely and wept like a child.
Sheriff Leahy, who succeeded Dennis M. May, the retirin
officer, began his official career by escorting Johnson to the
Court House on Monday, and although an old and well tried
soldier, he displayed more or less agitation when he made his
first appearance with % the prisoner. Con-
stable Paul, of Lock
prison guards, a c-
iff, and sat beside
the trial. The pres:
wife and four children
created somewhat of
it became generally
ful woman had trav-
Haven, one of the
companied the Sher-
Johnson all through
ence of Johnson's
in the court room
a sensation, and when
known that the faith.
eled on foot all the
way from Hublers-gs burg, eighteen miles
her two-year-old
child, in order to be present at the trial,
there was a vast amount of sympathy
created, which finally culminated in the raising of about $40 to
provide suitable accommodations for them during the trial.
The Tuesday morning session was entirely taken up with
argument on the subject of rejecting one of the jurors, Robert
Wolfe, who was charged with having made a wager that John-
son would not be hanged ; the making out of subpoenas for
delinquent witnesses for the defense, who had refused to attend
court until they were assured they would be paid, and the
opening address of Mr. Brown for the Commonwealth. The
first question was decided by the Court, who ruled that once
a juror is sworn he cannot be removed, as a defendant's life
cannot be put in jeopardy twice for the same offense. The
second matter was disposed of by sending an officer after the
witnesses, armed with a bench warrant. Mr. Brown's speech
to the jury was brief and to the point. He promised to show
them that a fearful crime had been committed, and also to show
that Shaffer—who had already been convicted—and Johnson
were together at a time that would convince the jury that this
defendant was guilty. If the Commonwealth showed what
they promised he expected a verdict of guilty; if they failed to
do it he thought Johnson should be acquitted.
----
SHERIFF LEAHY.






54
At the afternoon session John Colby, Anna Colby, Charles
Colby, Rudolph Stein, Undertaker Peck and Dr. Armstrong
were called to establish the murder of Isaiah and Nora Colby,
and their testimony was exactly the same as adduced at the
trial of Shaffer and to be found in a previous chapter of this
book.
Charles Ruhl was the first witness called whose testimony
cast any suspicion whatever on Johnson as being a party to
the murder. Witness had assisted Johnson with his moving
when he left the Colby farm, and was told by the latter that he
would have revenge out of the Colbys for getting him out of
the place “if it was in hell.”
James Lockard had a conversation with Johnson regarding
the Colbys in March, 1887. Johnson said: “Isaiah and John
Colby are rooting me out of the place; but I'll be damned
if I don't have revenge.”
Harry Bigony, a huckster, called at Johnson's house in the
Spring of 1887, and was told by Johnson that the reason he
was going to move off the Colby place was because Isaiah had
him put off; but I’ll fix him,” he added.
Samuel Greninger overheard Johnson in conversation with
his wife on September 20, 1886, in which the former said that
if John Colby went on that place he would not stay long, or if
he put Isaiah on the place /e would not stay long. The wit-
ness told Isaiah Colby that his life was in danger.
A. M. Greninger asked Johnson why he had moved out of
the Narrows, and was told that the Colbys got him out by
lying, but that they would pay dear for it yet. -
Johnson told W. C. Porter that it would not do the Colby's
a G-d d-n bit of good to get him off the place. He also
told the witness’s wife that the Colbys had undermined him,
adding: “But they won't live there as long as I did, and you
will see by the end of the year where they will land.”
Cyrus Greninger was told by Johnson that he would have
satisfaction out of the Colbys one way or another, but did not
learn what way he meant.
Daniel Snyder, who resides at Mackeyville, met Johnson on
the pike on the Wednesday before the murder. Johnson and
Essic Kline were together. He asked Johnson why he had
left the Narrows, and was told because Colby had rooted him
out. The witness remarked that Colby had nice corn and
oats, to which Johnson replied: “Yes he has, but it might
not do him any good.”
55
A. G. Kling had been told by Johnson, in July, 1886, that
the Colbys were trying to crowd him out, but assured him
that they would never get any good out of the land he had
cleared. -
John Huling was an inmate of the Lock Haven jail in 1883,
at the same time Johnson was a prisoner on account of killing
cattle up in the Narrows. Johnson told him that the Colby's
had sworn false against him in that case, and that they were
trying to get him off of the place where he had been living.
Johnson declared that if they were successful in that he would
have revenge, and nothing short of blood would be revenge.
Charles Yearick, John B. Harris and Mrs. Warner were
called to establish Johnson's presence on the highway between
his own home and the Kline house in the Narrows at different
times, from Wednesday, August 3d, and Friday, August 5th,
1887. -
Robert Billett's evidence was not admitted because his tes.
timony was not in the line of evidence in the Johnson trial.
Henry Bierly's story was that he was driving through the
Narrows on Saturday morning, August 6th, 1887, in company
with J. A. Sheets, and when in the vicinity of Bear Run he
saw a man with his face blackened lying in the bushes along-
side the road, whom he recognized as Johnson.
J. A. Sheets corroborated the story of Bierly so far as the
drive through the Narrows was concerned, but could not tes-
tify as to seeing the man Bierly described, because he was
evidently too much frightened to want to look backward. The
Commonwealth attempted to show by this witness that Shaffer
was seen in the same locality, but the defendant's counsel ob-
jected. The Court sustained the oral objection but the Com-
monwealth insisted on making an offer in writing, which they
did, as follows: -
also that Shaffer and Johnson, on t
The Commonwealth offers to prove by the witness on the stand and other
witnesses the presence of Luther J. Shaffer in this same neighborhood of
the Colby premises, and where Johnson was seen on the same Saturday
morning, the said Shaffer being a co-defendant with Johnson, and, as the
Commonwealth alleges, a party with him to this murder. This to pave the
way to show among other things, the complicity of Shaffer in this murder.
Proof will be offered of the º of Shaffer in this murder, and
e Friday evening before the Saturday
morning when they were seen near together and loitering in the same neigh-
borhood, within a few miles of the Colby premises, and near the Brush
Valley turnpike, at a time and under circumstances easily enabling them to
go to the Colby premises where they were seen by the witnesses on Saturday
morning. - -

56
This is to be followed by similar proof to establish the joint complicity of
Shaffer and Johnson in this murder.
- BRUNGARD, HIPPLE AND BRowN,
Attorneys for the Commonwealth.
Objected to, because that part of the offer relating to Shaffer is irrelevant.
CLough AND MYERs,
Attorneys for Defendant.
The objections were sustained by the Court, but the Com-
monwealth, not to be balked in their effort to connect Johnson
and Shaffer, proposed to add to their offer, and did so, as fol-
lows: -
Commonwealth adds to the above offer to prove by witness on the stand
and others that Luther Shaffer was also a party to this murder and assisted
in the same, which will be followed by proof of Shaffer and Johnson being
in the neighborhood of the Colby premises on the Saturday morning pre-
ceding the murder, and of the loitering on the Friday preceding this Satur-
day in the neighborhood of the Brush Valley pike, a few miles from the
Colby premises, at a time and under circumstances enabling them to go to
the place and near the Colby premises where they were seen Saturday morn-
ing. This is to show the complicity of Johnson with Shaffer in the murder.
BRUMGARD, HIPPLE AND BRow N,
Attorneys for the Commonwealth.
Objected to.
First. Because the Commonwealth cannot show any connection between
Johnson and Shaffer until they have established the fact that Shaffer was
connected with the crime. -
Second. Any evidence relating to Shaffer at the present stage of the
case, without showing that he (Shaffer) was implicated in the commission of
the crime, is irrelevant.
Third. Because the bill of particulars furnished by the Commonwealth
to the defendant did not specify the particular evidence contained in the
offer.
between the parties, and tends only to prejudice the jury and not to prove
him guilty of connection with the crime. -
Fifth. Because the proper foundation has not been laid for the introduc-
tion of the evidence offered.
- CLough AND MYERs,
Attorneys for Defendant.
Court was adjourned at the hour this document was handed
up, and His Honor thus had an opportunity of dissecting the
offer and objections while digesting his dinner, and when he
again took his seat upon the bench it was discovered that he
had not been idle, for he announced as soon as court had
opened that the objections had been sustained and the bill
sealed.
John Grugan testified to finding the gun, shot pouch and
powder horn belonging to the murdered man, and Had Allison
was called upon to describe the nature of the country lying
between the Colby farm and Johnson's house; but the most
important witness on the part of the Commonwealth was Jacob
Fourth. Because the offer does not offer to prove any actual connection



57
Katz, a Russian Jew peddler, who swore that he came to John-
son's house on the Saturday night preceding the murder and
asked to be allowed to remain all night. Mrs. Johnson told
him she could not keep him because her husband was not at
home. He finally persuaded her to allow him to stop, and is
positive that Johnson was not about the house either on Sat-
urday night or Sunday, but came home Sunday evening.
At this point the Commonwealth rested, when, after a brief
consultation, Messrs. Clough and Myers, for the defendant,
- asked that the prisoner be discharged,
there not being “sufficient evidence to
hang a dog."
Mr. Hipple replied in a spirited speech,
claiming that a very strong case had been
made out against Johnson, but he was
willing to leave the matter with the
Court.
Mr. Clough again arose and urged the
discharge of his client, as well as that of
the two Klines, saying that not a single
sº word of testimony had been offered that
Attorney clough connected any of them with the murder.
The Court, however, refused to take the responsibility of
discharging the prisoner, and ordered the defense to proceed
with their opening. John B. Myers, Esq., then addressed the
jury and outlined the defense it was proposed to make, and
concluded by saying that he felt positive the Court would order
the case dropped before they were half through. Court then
adjourned until Thursday morning, to
give the defense an opportunity to talk
with their witnesses.
John B. Smythe, the Renovo jeweler,
who bought the Colby watch from Shaf-
ſer, was the first witness called for the de-
fense. He identified the watch.
Wilson Rishel and E. M. Bressler, two
of the men who served on the Coroner's
jury sitting on the bodies of Isaiah and
Nora Colby, examined the wounds and
were positive that the one shot that went --
through Nora came from behind. Dr. Attorney MYERs.
J. H. Huston, who was also present at the inquest, also testi-
fied to this fact, and also stated that her arm must have been
---



58
raised when the second shot was fired, as he was compelled to
raise her arm in order to get his probe into the wound.
David Elgin testified that he saw smoke or waves of
heat coming out of the Colby house about seven o'clock on
Sunday morning, August 7th, 1887.
Charles and William Ruhl, in company with others, were
up in Bear Hollow about half past seven on the fatal Sunday
morning, at a point about a mile and a quarter from the Colby
house, and while there they heard sounds that resembled pistol
shots coming from some distance. The shots reverberated
from mountain to mountain and were about five minutes apart
Jacob Walizer, Benjamin F. Winters, Charles Weidhahn,
George T. Michaels, Samuel Bechtel, Pierce Dornblaser, Dr.
Huston, John B. Harris, Henry Brown, Mrs. Kline, William
Shaffer and Jacob Weaver were witnesses called to show that
Johnson left his home on the Wednesday preceding the mur-
der, was met by Essic Kline and together they journeyed to
Lock Haven; leaving Lock Haven Thursday afternoon, they
spent the night at Bechtel's farm house, near Mackeyville, and
on Friday about noon reached the Kline house, where Johnson
remained until late in the afternoon, when he went on, and at
seven o'clock was at Nittany Hall; at ten o'clock he reached
Weaver's, near Hublersburg, where he remained until mid-
night, saying he was going home when he left. -
John Painter, an old and feeble man, swore that he saw John-
son standing in a fence corner on his own premises on Sunday
morning, August 7th, and that when he stopped to talk with
him Johnson said he didn't want to be bothered, as he was
counting the strokes of the Hublersburg church bell, to find
out how old Mrs. Dietrich was, that lady having died that
morning. - -
Herbert Decker looked at his watch while the bell was toll-
ing for Mrs. Dietrich's death, and testified that it was exactly
a quarter past eight o'clock on Sunday morning, August 7th.
This closed the testimony on the part of the defense, when
the Commonwealth began calling witnesses for rebuttal.
Being required to put their offers in writing, the defense filed
objections to all of them as not being proper rebuttal testi-
mony, and the objections being sustained by the Court, Mr.
Hipple asked that the matter be argued in the absence of the
jury, which was granted. The Commonwealth argued that
the defendant had attempted to establish an alº, but they did
not cover all of the time alleged, and they wanted to show
59
that it was possible for Johnson to be in the locality where
the crime was committed at the time of its commission.
The Court decided that the offer was entirely too indefinite,
and was not rebuttal testimony. “You can only offer testi-
mony rebutting what the defense had proven, but nothing can
be offered in rebuttal that should have been offered in chief.
The offer you make refers to testimony that should have been
given in chief.” -
The Commonwealth having added to their offer more
specificallegations, the defense filed objections, which the Court
sustained, and the jury was ordered returned.
Following is the offer with the objections and the rulings of
the Court:
Commonwealth offers to prove by Daniel Risheſ, witness on the stand and
other witnesses, that Johnson was not at home on Saturday or from Friday
night until Sunday morning, as claimed by the defendant, but that he was
seen near the Colby premises after noon of Saturday, and was seen in the
Sugar Valley Narrows on the afternoon of Saturday, as claimed.
This to be followed by proof that he was not at home on Sunday morning
between one and three o'clock, but was seen on the public road, traveling
towards the Colby premises. - -
This is to rebut the attempted alibi of the defendant that he went home
from Weaver's on Friday night and that he remained there until the Sunday
morning when he was seen by Painter.
BRUMGARD, HIPPLE AND BRow N,
- Attorneys for Commonwealth.
Objected to: -
First. Because it is not rebutting testimony, the defendant not having
offered any evidence to show that he was at home on the afternoon of Satur-
day nor during any part of Saturday, nor on Sunday morning between the
hours of one and three. -
Second. Because evidence relating to his whereabouts on Saturday and
Sunday morning between one and three o'clock, if evidence at all, should
form a part of their case in chief.
Third. Because the defendant has introduced no evidence for the Com-
monwealth to rebut relating to any of the times contained in the offer.
- CLough AND MYERs,
Objections sustained. Attorneys for Defendant.
C. A. MAYER, P. J.
Commonwealth further offers to prove by the witness on the stand and
other witnesses, that between two and three o'clock on the same Sunday
morning, about three miles from his home, and where he was alleged to
have been seen on that Sunday morning at about seven o'clock, John John-
son was on the public road, not far from Nittany Hall; and that he was not
home on Sunday morning at that time; that he was but a few miles from
the Colby premises, and traveling toward them. This was at a location and
time which easily enabled the prisoner to reach the Colby premises by and
before daylight on Sunday morning.
The Commonwealth will prove also the hour of the ringing of the church
bell referred to by Mr. Painter, showing Johnson was easily able to reach
his home at the time the Commonwealth will put him there. This will be
-


66.
followed with other evidence to show that Johnson was not home between
Friday night at twelve o’clock, when he was last seen by Weaver, and Sun
day morning, when last seen by Painter.
- BRUMGARD, HIPPLE AND BRow N,
- Attorneys for the Commonwealth.
Objected to:
First. Because the offer does not state the facts correctly as shown by the
evidence, the time of the ringing of the bell having been proved to be a
quarter of eight instead of seven a. m., as stated in the offer.
Second. Because the offer in relation to the whereabouts of John John-
son on Sunday morning between two and three o'clock rebuts nothing proved
by the defendant. -
Third. Because all proof showing that Johnson was so situated that he
could have committed this crime is a part of their case in chief and not re-
butting testimony. - - -
Fourth. Because the Commonwealth cannot rebut a presumption.
Fifth. Because the balance of the offer not specified in our objections is
not rebutting testimony. -
-
CLough AND MYERs,
Attorneys for Defendant.
objections sustained for the reason that the evidence is not rebutting.
- - - C. A. MAYER, P. J.
º
|||||||
* * :
9. 2, … **
- T. - 2- . -
SCENE IN COURT WHEN THE VERDICT WAS ANNOUNCED.
After hearing the testimony of F. M. Shamp, the man who
ordered the bell at Hublersburg rung for Mrs. Dietrich's death,
who fixed the hour at about half-past eight o'clock on Sunday





6 I
morning, August 7th, 1887, the Commonwealth announced
that inasmuch as they were not to be allowed to offer their
evidence, they would rest. -
Being ready for the argument, Mr. Brown made the first
speech for the Commonwealth. He was followed by Messrs.
Myers and Clough, for Johnson, and Mr. Hipple delivered the
closing argument in favor of a conviction. It was five o'clock
when Judge Mayer concluded his charge to the jury, who re-
tired at that hour, and at six o'clock they returned with a ver-
dict of “guilty in manner and form as indicted"—of murder
in the first degree. - º
The announcement created the greatest excitment, and there
was the greatest dissatisfaction manifested among the specta-
tors, who expressed themselves in groans and hisses. A con-
viction was entirely unlooked for; an acquittal was most ex-
pected, or failing in that a disagreement of the jury.
Mr. Clough at once gave notice that they would make an
application for a new trial, and on the following Tuesday morn-
ing he and Mr. Myers appeared before the Court and present-
ed the following reasons why a new trial should be granted:
First. Because Charles Keller, one of the jurors, during the trial of the case,
and without permission of the Court separated himself from the jury and
went to his home, where his wife conversed with him in reference to the case.
Second. Because Charles Keller aforesaid having separated himself from
the jury as aforesaid, and having learned of the complaint of the Common-
wealth as to the deception practised upon them by one of the jurors named
Robert Wolfe, carried º information back to the other jurors by whom
the matter was discussed, whereby the said Robert Wolfe was intimidated
and constrained in his deliberations upon the facts and evidence.
Third. Because the said Charles Keller had formed a fixed opinion of the
prisoner's guilt before going upon the jury, which fact he did not disclose
upon his voir dire, but which is evidence by his use before the trial of the
following language, to wit: “There is no use in talking; the whole four
men were in it (meaning the murder) and they (meaning Luther Shaffer,
John Johnson, Essie Kline and James Kline) ought to be hung.”
Fourth. Because A. D. Hamlin, one of the jurors, without the permis-
sion of the Court, was permitted by the tipstaff, during the trial, to go to
his place of business at the paper mill.
Fifth. Because Charles Quay, one of the jurors, during the progress of
the trial, and without the permission of the Court, was taken to Keller's
Hotel, where he had an opportunity of conversing with men not jurors.
Sixth. Because the Court erred in charging the jury as follows, to wit:
Whether or not the defendant could have produced evidence to show his
whereabouts between Friday night, the 5th inst., and Sunday morning, the
7th inst., will be for the jury to determine. If the defendant was able to
produce testimony for that purpose and failed to do so, it is a circumstance
to be considered by the jury in passing upon the question at issue.
Seventh. Because, when the Commonwealth rested, the Court erred in re-
fusing to direct the jury to render a verdict of acquittal, because of the in-
sufficiency of the evidence of the Commonwealth to support a verdict.
-


62
Eighth. Because the Court erred in admitting specific threats and other
specific facts of which the Commonwealth had not apprised the defendant
in the bill of particulars as ordered by the Court. -
Ninth. Because the only evidence put in by the Commonwealth and in-
tended to connect the defendant directly with the crime, related to motives
which consisted of alleged ill-will towards the murdered man; whereas in
the crime itself and the circumstances surrounding it, the true motive is
apparent and is inconsistent with the motive alleged by the Commonwealth.
enth. Because the verdict is manifestly unjust and contrary to the evi-
dence and law in the case. - -
Eleventh. Because the evidence is insufficient to support the verdict.
Twelfth. Because the verdict is against the charge of the Court direct-
ing the jury not to find the defendant guilty on suspicion. - -
Thirteenth. Because theſe is no evidence connecting John Johnson with
the commission of the crime nor with Luther Shafter who did commit the
crime. - - CLough AND MYERs,
- - Attorneys for defendant.
The Court granted the rule, as follows: - -
January 10, 1888. Rule granted to show cause why verdict should not
be set aside and new trial granted. Returnable at first Argument Court.
By the Court: - CHARLEs A. MAYER, P. J.
During the week Messrs. Clough and Myers supplemented
their reasons with the following additions: -
1. Because, during the trial the jurors were permitted to mingle and
converse with other men not jurors.
2. Because, during said trial said jurors were permitted to buy and read
newspapers containing matter pertaining to the trial.
3. Because, during the trial several of the jurors not already mentioned
were permitted to separate themselves from the jury without good cause,
and without permission of the Court. CLough AND MYERs,
- - Attorneys for defendant.
This concludes all that relates to the trial of Johnson, a de-
cision on the motion for a new trial not having been made
when this book went to press.
-
CHAPTER VIII.
HISTORY OF JOHNSON's LIFE.
It is a well-known fact that when a man in Johnson's posi-
tion is asked to give a detailed history of his life for publica-
tion, he naturally puts forward only those portions that appeal
to the sympathy of the public. No matter how black his char-
acter may be, or how just the suspicions that hover over him,
if he is asked concerning his past life he will unfold a tale of
suffering and oppression so harrowing in its details as to im-
press even the most stoical with a faint degree of compassion.
There being no other available means of procuring a record


63
of this man's career for this volume, recourse was had to an
interview with him in the jail, which was had by James C.
McCloskey, of Lock Haven, and the result of the conversation
clearly shows that either Johnson's memory is defective, or
that he is almost as great a liar as Luther Shaffer; for certain
it is that no man could have been born in 1840, and still be
only fifteen years old when he enlisted in the war of the rebel-
lion. But the story Johnson told was as follows:
John W. Johnson was born at Janesville, Ohio, March 18th, 1840. His
father died while John was an infant, and the mother bound the fatherless boy
to a man named Charles Burket, who lived in Morgan county, Ohio. Burket
was a shoemaker and followed shoemaking in the Winter time and farming
in the Summer. The bound boy was badly treated, and was made the
scapegoat for the family. Owing to his ill-usage Johnson ran away from
Burket three times, but was followed and taken back twice. The last time
he ran away was when he was fifteen years old. He walked at that time
200 miles, when, learning that Burket was close on his track, he enlisted as
a soldier in the 122d Regiment Ohio Infantry to escape his pursuer. Being
small for his age he had some difficulty in being accepted as a volunteer, but
was finally mustered in and sent to the front, where he served for three years.
At the second day of the seven days fight he was captured at the battle of
the Wilderness, and sent as a prisoner of war to Belle Isle, and afterwards
to Libby prison. After eleven months confinement lasting from May, 1864,
to April, 1865, he was released, and the war being over he returned to Ohio,
where he spent one year. He then went to Pittsburg, where he worked for
some time, and then started East, working at intervals on work trains of the
Pennsylvania railroad | "...º. reached Clinton county. After re-
maining here a short time he went to Philadelphia, and from thence to New
Jersey; but coming back to Clinton county again, in 1871 he was married
newly married couple went to housekeeping on the Sugar Valley mountain,
where they lived two years, after which they removed to the farm of Wal-
lace Brown, in Nittany Valley, for whom Johnson worked as a farm hand.
Afterwards Johnson removed his family to Beech Creek from whence, in
1875, he removed to Philadelphia and worked for a time about the car shops,
and in 1876 worked on the street car tracks. It was while at work on the
street railroads of Philadelphia in 1876 that his left hand was accidentally
mashed under a car wheel, which resulted in crippling the hand for life.
His injuries prevented him from working. To make matters worse sick-
ness came upon different members of his family, and owing to his bad luck
and misfortunes, his household goods were sold for rent, and himself and
family turned into the street. Disheartened and crippled he started to walk
back to Lock Haven, accompanied by his wife, oldest daughter and stepson,
and they made the trip in fourteen days. Having no money he received
help from Porter township during the Winter, and in the Spring of the
next year obtained an old horse in some way and began the business of gath-
ering bones, still carrying his injured hand in a sling. Johnson at this
time was living near Mackeyville. During the year 1877 he went to live
upon what is now known as the Colby place at Cherry Run, and where he
resided nine years. Owing to his crippled hand he was unable to do the
work of an able-bodied man, and eked out a miserable existence on the Cherry
Run farm. During the Winter seasons he made hickory splint brooms and
sold them to obtain money to buy the necessaries of life. Many times Satur-
day found the family with not a bite of bread in the house, and on Sunday he
-
\
to a widow named Kunes, who had two children, a boy and a girl. The
-




64
would make brooms, go out and sell them on Monday morning and bring
home flour bought with the money obtained for the brooms. In the Spring
of 1887, the year he left the Colby farm, his wife bore him twins, one of which
died and is buried on the farm, as he was too poor to give it a burial in a
graveyard. After the birth of the twins his wife lay sick for twelve weeks.
After leaving the Colby farm he removed to Hublersburg, Centre county,
where he was residing at the time the Colbys were murdered. At one time
while living on the Colby farm, he was arrested for killing cattle belonging
to others than himself, but was acquitted. He was, however, incarcerated
in jail for costs in the suit, and the devotion of the man's wife is shown by
the fact that at the time of his arrest on that occasion, she had a child only
two days old, and when the child was but nine days old she walked to the
county seat, a distance of some twelve or fifteen miles, in order to see her
husband, who was in jail, carrying the infant in her arms. Sheriff P. B.
Smith, who had charge of the prisoners, purchased the woman a new pair
ºf shoes, as she was almost barefooted. Johnson says his wife and children
fared badly while he was in jail at that time, and spent three days of the
time without food. Johnson obtained but little schooling when a boy, and
at the age of twenty-one could neither read nor write. Since then he has
on exhibition, he started out for Lock Haven, accompanied by his wife and
learned to both read and write a little. Johnson seems to have been des-
tined to bad luck from his infancy, and has no knowledge of whether his
mother is dead or alive, as she left Janesville, Ohio, soon after he was
bound to Burket. -
There is still another incident in the life of Johnson and his family that
the man fails to mention, nor is it to be expected that he would refer to it.
Several years ago he captured two cub bears in the mountain near his home,
and believing that in these animals he had a fortune were he to put them
two children. They were a sorrowful group—the man, his wife, the two
children and the two cub bears—and while they did not fail of attracting
attention, they were greatly disappointed at the lack of patronage bestowed
by the public. The cubs, of course, were too young to be trained to per-
form any of the tricks that have so often been witnessed in the street exhi-
bitions given by animals of that species belonging to roving Italians or
Gipsies; but they were possessed of that natural instinct inherent in the
young of all animals—of suckling.
The mother bear was not with them, though, you say. No; but Mrs.
Johnson was an ample substitute! This was the exhibition witnessed on
the public streets of Lock Haven on this occasion, and it was the sight of
this woman, with breasts bared and a cub bear in either arm nursing from
her with avidity, that attracted the attention of passers-by. Finally a stop
was put to the disgusting spectacle by the decent element of the city, and
thus Johnson's career as a “show manager was cut short. The bears were
sold to a saloon keeper on Jay street, and the Johnson family tramped back
to their abode in the mountains.

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