VOL. IX. NO. 27. C To Buy Your Jewelry C X Nothing in Town to Compare WithN ( the Quality that We are Giving / s You for the Low Price Asked. S L Quality and moderate prices makes a force that\ irresistibly draws into our store the best pltronage r C of this section. Many years here in business, always J \with a full line of goods above suspicion; chosen C [ with a care and judgment commensurate with its 1 \ desirability and adaptability to refine taste, makes \ r our store a safe place to invest. C r Repair work done on short notice and guaran-/* Vteed, by skilled workmen. Your orders appreciated. X > RETTENBURY, > $ DUSHORE ' COLE HARDWARE. ? No Place Lilce this Place For Reliable STOVES and RANGES, COAL OB WOOD. HEATERS; ONE OF WINTER'S GREAT DELIGHTS. House Furnishiug Goods, Tools of Every Description, Guns and Ammunition. Bargains that bring the buyer back. Come and test the truth of our talk. A lot of second hand stoves and ranges for sale cheap. We can sell you in stoves anything from a fine Jewel Base Burner to a low priced but satisfactory cook stove. Hot Air, Steam and Hot Water Heating and General Repairing, Roofing and Spouting. The Shopbell Dry Good Co., 313 Pine Street, WILLIAMSPORT, PA. Cloak and Suit New Silk Department Plaids What von will be shown here will be ... . . . (lie verv latest the bent makers anddd- e have just received a nice line oi signers are producing in stvlish tailornride 81 1 'i ,r waists. I hey are in vari ants, walking skirts, .jacket tourist coats, co ]? r8 > '"chiding the new green a.d rain coats, hilk waists, children's coats '" e ' effects. \ou know h,,w and jackets. scarce they are. We are glad to fget these good styles to sell for SI.OO. |f Fine French Flannels LadieS Silk For waiwls nn<l ilreßxing aacqiiea. We . ... show in the best quality all the plain On.te the best styles and qualities we colors, such as navy blue, cadet, green, have ever shown lor the price, pi .in black reC e,la, cardinal, garnet, castor, old rose and lancy colors, and neat, stylish plaid cream, gray anil lavender, for Wa,Bt9 ' 45c A YARD. Fine Furs .. . . ~ 112 .. . , Mohairs Our lurs combine the elegance and completeness ot up to date fashion. All Are now an all the year around fabric for the latest and most fipproved styles can dresses, and especially for shirt waist suits be seen here in ladies' coats, scarfs, boas The demand tor this material has made and novelties in fur neck pieces with many of the most desirable colors scarce, muffs to match in all the |iopular and y e ' we have been able to keep our line best selling furs; then the prices are very ver . v complete in black and colors and moderate. fancy figured ones. The Shopbell Dry Good Co. - - * Subscribe for the News Item Republican News Item. LAPORTE, SULLIVAN COUNTY PA. t THURSDAY, DECEMBER 15, 1904. "NOT GUILTY" THE VERDICT RENDERED 111 YANNEY MVRDEB TRIAL TRAGEDY ENDS FROM BRBOH CELI TO MABRIA6E ALTAB. Alter Long Trial Attracting Mvch In* terest FranK Yanney Is Acquitted When Liberated Marries Woman Con. nected With Cause of Tragedy. The ease of Common venlth vs. Frank Yanney who was indie tad foi the murder of Jacob Epler was call ed for trial in the Court of Oyer and Terminer on Monday afternoon the 12 inst. The defendant was arraing ed, and the indictment read to him by W. Howard Hill, the district at torney, charging Frauk Yanney with murder in the first degree, to which he firmly plead "not guilty." The Court then directed ajury to l»e empanelled. Jurors were called and examined and challenges made, some for cause, and some peremtori al. The whole afterrtoon wa* con sumed without completing tin pfetA el and the court adjourned until morning. On Tuesday morning Ju rors were culled and examined until the whole panel of sixty was ex hausted. The Court then directed that a venire should issue to the Sheriff to summon ten talesman, and the selection of jurors was completed at 10:30 o'clock. The district attorney then opened the case. Alphonsus Walsh ami D. C. Dewitt assisted the District At torney in the tjial. E. J. Mullen Esq. appeared for the defendant The jurors were Monroe Bennet, Fred Anderson, Albert Meyers, Ar ilell Day, Jacob J. Young, Harry Miller, Joseph Trough, Norman Brink, Lewis Cowell, Harvey Fies ter, Jo.-i<'| h K. Little and Albert Hitler. The first witness called for tha Prosecution was Rush McHenry, the Coroner who held the inquest on the body of Jacob Epler. He testified that a bullet was found in the body i»f Jacob Epler which he produced and it was exhibited to the jury. The witness stated that it was the bullet that caused the death of Jac ob Epler. The bullet entered the body abovo the left hip. The per son who fired the shot could not have been facing the injured man: it was a diagonal shot. The bullet was flattened by striking the backbone. The victim was a strong well developed man. Ira Cott was the next witness. He testified that he held the position of constable anil arrested Frank Yan ney. He was found in Dr. Herr manns' back office. Yanney gave me a revolver; one chamber was empty, the rift loaded. Witness had hearil shots fired before he was called. Witness exhibited the re volver which he got from the pris oner. Yanney had no coat on; found the coat in Dr. Herrmann's office. It was on Sunday, I took the prisoner to jail that night. Pris oner said he was sorry it was Jake who was shot, said he was on friend ly terms with Jake; said that it was Jake's brother that he intended to shoot. On cross examination witness sta ted that be made the arrest of Frank Yanney without a warrant, and took him up to Squire Bohn's. I hail seen Jake Epler in the office of Dr. Randall; he was living but in great pain. The Doctor said he could not live. Mrs. Epler was suffering from it wound at the same time. Yanney said he never had any trouble with Jake Epler. Freeman Thrasher was culled and testified that he stood on the walk and saw Frank Yanney pull off his coat, another man did the same and Frank Yanney fired a shot. I saw a man was shot; it was Epler. A woman said, Frauk you have shot 11 le. Yanney was übout . r >o feet from the station. There was a crowd; Ihey took Epler down town. I saw Sam Epler and John Buhr running iway; after the firing 1 saw them some back and pick up Jacob Epler, who was in great distress. When thp tiain returned to Onshore about nine o'clock that night it was quite | dark. Witness did not see the worn- [ an until sho Had hold of Yannc j with both hanls. She was in from of Yanney. lie threw her aside am turned around and tlre<l. Jake Hp ler was following Yaniiey when shoi was tired. Don't know who stopped Yanney. He was looking toward the railroad when shot was flred. Jake Epler was aliout a rod from mo When shot was flred and Yanney wai* about a rod and a half from me. Dr. Randall sworn: I reside In Dushore. I performed the post mor tem at request of Dr. McFlenry, Aug ust 29, 1904, at Mr. Warden Bohr's house in Cherry township. No pow der marks found in abdomen three quarts blood, serum and fefcil mat ter. Wound three-fourths by one half inch, found intestine porf.trated 14 times Cross examined by Mbllen. I should think Epler would 1 ave weighed about 160 pounds, ag< d about 35 years. Ball went into body just above left hip, and 1< dg< d in the pelvis bone nearly op|iosite. Epler was brought into my office aW>ut 9 and taken away >(bout 12:30. Very little external bleeding. Samuel Epler was the next wit ness called: On Augtist 28, went to Itarvej's Lake, had some trouble with Yanney's house keeper, did not have any trouble with Yanney untMjust bef«»re we left Harveys Lake. He failed me a seat), 1 called him some names. When we got oil the train at Dushore, I went first, then Bahr then Jake, Yanney and ffert stood there. We went across the wagon road and Yanney follow ed us and said, " if any of you three fellows want anything from me come an." Jake started toward him and Yanney pulled a gun (revolver) and fired three or four times. Jake did not have a gun with him. 1 did not liaveagun. Train was jnst moving •lit when the firing was done. Jake, Epler in front of Yanney. Jake said, 1 'in shot. We tUen went back ind helped him to near the bakery, then Jake said lay nie down and ife* a stretcher: then we got a stretche; and carried him to the Doctor's. 11 ml been drinking, drunk some out of a bottle. Bahr had been drink ing some, but did not see Jake take a drink that day and do not know whether he was drinking any. Had some trouble at the Lake after we got on the train. Did not hear any words between Jake and Yanney until after we wt r 1 i>ii the train, r>id not see Juke on the train until we got near Lticketls. J had some talk with Frank on the train. Gert started it. I walked right on. John Bahr and Harry Lock wood were with me. 1 did not invite him out to tight—John Bahr invited him out to tight. Frank acted afraid of John Bahr. Yanney said 1 will m-vt you when you get to Dushore. Did not hear Jake or John say anything meeting him at Dushore. We got oil' below the platform. Yanney was not in the same cur that we were. He and Gert were next to the railroad, up on the bank. Gert said, "John Bahr what ore you go- to do about that trouble up at the Lake. I saw Yanney have tie gun when he pulled his coat oil". I told Jake to keep away from him. 1 did not hear Jake say a word, he did not hit Yanney, he was not near enough. 1 have had trouble with Yanney before, I drew a revolver on him one time in Monroe. He and Bill Payne were goin„' to jump on me. Yanney und I have had trouble several times. I never went to his house and drew a revolver on j Frank in the presence of the Yanney family. John Bahr sworn: When we got off the train saw Frank and Gert standing along the railroad. The two Eplers and 1 started toward Du shore. Gert nor Yanney did not say anything to us until we got to the wagon road. Gert then said "What are you fellows going to do about that trouble up at the Lnke." We all stopped when she said that, we were 15 or 20 feet from them. "I said 'I guess we will have it out." Yanney sahl "come on any of yon threes 0112 b's—. Jake took off his coat and started toward him, Yan ney took off Ids coat and back up, they were ten or twelve feet apart. Yanney did not say anything wher he shot. I don't know where Ueri was, I heard her say "cut loose." J heard Iter say "O Frank you shot me. Jake dropped when shot was llred. I did not take my coat off, I had some words with Yanney he fore we left the Lake. I did not eay we would fix him at Dushore. lit said, wait until we pet to Dushore. Patrick Jordan sworn: I helped take Yanney to Laporte in the ev ening after the shooting. Ingoing over Yanney said "It was too bad that Jake was shot, Sam was the man I intended to shoot. >' Morris Harrington sworn: I reside in Dushore.jl.«wsasfr'rto set the excursion comelOjf/jjwv a shol fired, do not knowflßPs fired .it, there were lots of peojßrethere, don'l know how many. Shooting before the train started.. I was near the train, I could see the man drop. I uid not hear anything until I heard the shot, I was about 30 feet from the man that I saw the man shoot, I should think that the ifien were 8 or 10 feet apart. I don'C know how many shots were fired, think at the last shot the man dropped. After the first shot, I saw the flash of the nthers, think they all came from the ■wine place but could not say possi tively. J. 11. Bohn sworn: I reside in Du diore, and am Justice of Peace. Yanney was co mmitted by me. I was in itandali's office to take ante nortem statement of Epler. I swore Kpler to statement, he mode his nark, was not able to write his lame. Samuel Epler made the statement, I read it over to Jacob md he swore to it as being correct. District Attorney llill and Dr. Ilan lall were present, there might have »een others. Henry Wilcox sworn: I beard a <lu»t, saw a couple of flashes. 1 was >n the platform. Don't know how nany shots, flashes seemed all one way, and very rapid—shots from lower to upper side of road. John Scouten Jr. sworn: I was on car steps. Heard three shots—shots lired toward town, all came from one place, shots were rapid. I was looking toward the crowd. Saw three Hashes and heard three shots. I heard Mrs. Kpler say, "Frank you shot me, I am bleeding to death." Oh Wednesday morning after the court opened the District Attorney j called Warden Bahr, who said they j brought Jacob Epler to his house on the night of the 28, of August. Epler left Bahr's house on the morning of the 28, of August. He did not take his revolver with him that morning, he left it in Bahr's gun case. It re mained there until after his death. On cross examination witness said Epler was his brother-in law and made his home there. Commonwealth rested. E. J. Mullen, attorney for the de fence requested the prosecution to call the rest of the eye-witnesses when the crime was committed. ! The Court ruled that they must call [Gertrude Epler, it having been | >liown that she was an eye witness. ! Mrs. Gertrude Epler was called. She | said she was the wife of Samuel Ep i ler on the 28 of August, but since divorced from him. Yanney had been boarding with her; he was at her house on the 28, of August and look breakfast there. That she had ceased to live with her husband; that she walked to the depot with Frank Yanney; he carried the child there. Saw her husband at Dushore station that morning. She was in company with Yanney in the car, her sister in the seat with her.J Sam Epler went through the car making faces at her; had no conversation with either of the Eplers in the car; 'had conversation with Sam Epler and Bahr at the l>ake. Sam had his tongue out. Johnny Bahr came up to the ear and said she was a "chip py chaser." Yanney heard and said to her to pay no attention to them. Sam called her names; said she look ed well with that long logged, black fellow out there and they would drew, him up for her; he (idled her a b—; this was at the Lake; Sam Ep ler and Bahr called Frank out and said they would lick him; they be gan on Yanney; they called him a blacks — of a b—. Yanney made] 75 TS. PER YE* no reply—said he did not want a trouble with them. Got to Duaho that night about half past eight. A. ter we got out of ear Yahney had tht baby; we Btood on the biank by the ears then. Sain and Jake Epler and Bahr came upon the bank by the side of us. Frank' gave me the child. Sam Epler said stand back JO I'll blow your brains out. I ask ed Sain if he was there to fight, be said he was. Yanney said I don't intend to fight three. I tried to make peace between the Eplera: then nil three piled onto Frank Yanney. Jake had hold of Frank, fx\ waa going up to help Jake; one of them kicked Frank. About that time I was'shot. Sam Epler was the one that shot me. I had hold of Jake's arm trying to make peace with them. Sam shot while I had hold Jake. Sam fired two shots; another shot was fired. After I was shot I did not pay much more attention to them. I saw a revoUer in Jake Eplers hand; he might have given Sam the revolver. In the can w® saw a revolver in Sams pocket— just coming out of his pocket. Did uot see the revolver after we got off the cars. Jake went down on hia knees when he was shot then got up. Frank fired one shot, think it was the last one. Think four shots were fired. I had the child in my arms all the time until after the firing. Frank took the baby and we went to Dr. Herrmann's office; he called the Doctor by telephone. I was shot in the thick of my thigh. Was uot long at the Doctor's. Colt came and jot the revolver and took Frank Jast. tfter the Doctor got through dressing uy wound. 1 said to Sara that he (hot me. I never said Frauk shot trie. 1 sal<l to Juke there is no use >f your fighting. Sam told Jake to iill thed—eds— of a b—. I saw Yanney move backwards; toe took 2 ir three steps quickly; then he said •land hack. He said it to Bahr and the Eplers. On cross examination the witness unij: My maiden name was .Smith. Ten years igo was married to Saul Epler. Sam had >,; plied for. a divorce before the 28th of Annum, We had a divorce before a»<l liud been re married. Jor| of an bear oefore train marled I aaw Sam Epler, and loliu Fpler and John Bahr. Ou rtturn <at 5 or 10 minutes before the train tuart sd back toward the rertr end of the drain. The first 1 saw of Sam Epler, Jake Epler md-lohn Bahr watt near the rate. They started the conversation. Bahr made the first remark. Bahr called me chippr shase. lie called Frank a black Spaniard. <!tm, sticking out his tongue said "I waa it bitch. About the time the tbir4''*hot wis fired I said I was shot. 1 think Frank shot before I holterd. Jake vent down beiore I was shot. - ! had enough !o do to look out for inysolf and. baby. He had just told me he would blow my brains out. >'nm said so before there was a shot tired. The pistol was aimed at Yanny but ii hit mo. Bahr was behind them. Frank was in front of me kinder sideways. I was trying to make peace between them. I got hold of Jakes' arm, he tore my shirt waist otl; hehad hi® coat utl They inviied Frank out and oalled him a black son of a bitch. They came in and took the front of the car and Jake Epler and Sam and all drank there. The conductor told them to keep still; they drank drunk a .} pint of whisky; Sam hail the bottle, John Bahr took it out ol his pocket; they said to Frauk Yanney, all for me, none tor you;" think they emptied the buttle. J«iie drew back his fl*l in front of Frank Yanuy. Frank jumped up, said "I want you to go on and uuud your business." .lake said, "wait until we get to Dushore and we will lettle him. At Dushore when we got oil the the car we waited for the cars to start so we could cross the railroad track to take nearest road home. Coruth. rest*. E. J. Mullen Atty. for defend ant opened for the defence. Dr. M. E. Herman sworn. I found Mitt. Epler sitting on my office steps. I found a flesh wound between knee and th'fh on Mrs. Epler. Yanny wan fti my office until arrested. Cross exami nation. Bullet entered in front of leg, came out back. Fred Bates sworn. 1 reside in Ithaca. Coudnefcor on excursion train Aug, 28, 1904, Started from Waveriy 8 car®, or dinary cars. Length of car 60 feet length of train about 400 feet. Saw Yanny at Harveys' Lake. I beard argument at train, want down and quited parties on ontaide and woman inside making the noise. Heard lady call Bam a ftaab. He said, send him out we'll c&an him up. Yanny was quiot; be looked scared. I heard nothing, v Continued oa page three.
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