DANVILLE INTELLIGENCER
VOLUME 78.
DKII
nous
County Chairman John G. Waite has
mado arrangeiueuts to open Democratic
headquarters in this city, which will
be maintained in the interests of that
party until after the fall election.
Room' 3iu the ojiora house block,
directly over Mooro's hardware store,
has boon chosen for the headquarters,
which will bo opeued the first of next
weok. Party literature will be kept at
the rooms for any to road who may
care to come.
It is the intentiou to nave a 'phone ,
lustallod at once and on the oveuing
of eleetiou day returns will be roceiv- |
ed aud posted. I
i
Arranged for Larceny of Scrap.
Frank Lvnu, Joseph Reed, Charles
Ash ton and William McCann, who
pleadod guilty to the larceny of iron,
wore arraigned before court, yesterday,
but in the case of each sentence was
suspended.
Josoph Fahey, a dotectivo of the D.
L. & W. railroad company, who caus
ed the arrest of the moil, was present
aud oxplainod to tho court all the cir
cumstances of tho case, Ou the night
of Juno 3rd. last, he said, the defen
dants entered a car of tho D. L. & W.
compauy on a siding hero and relieved
it of a large quantity of scrap con
signed to Curry & company. Tho men
he said had pleadod guilty and the
goods had been recovered.
Some of tho men had largo families,
while others previously bore good rep
utations, in view of which it had
been prearranged to ask that sontence
be suspeuded. The district attorney
offered no objection to this but stated
that ho believed that tho ends of jus
tice would be fully subserved by sus
pending sentence.
Judgo Evans told the men that he
could send each of them to the pen
itentiary for threo years, but that he
had decided to act upon suggestion and
suspend sentence. He reminded each,
however, that tho matter was not sot
tied finally, but if either of them
should be guilty of misconduct the
district attorney could bring him into
court on a bench warrant, when tho
penalty for the presont offense would
be im]Hjsed on them.
To Ask Aid From Governor.
A number of tho more prominent
foreigners and rosidonts at West Ber
wick are determined to have the law
lessness and murderous reign in that
section at least mitigated, and now
demand that lights be put up at all
street crossings, ami that there be em
ployed additional police officers who
will not be afraid to deal with the
lawless and and murderous olomoiit.
They assert that if their demands are
not immediately complied with, they
will take the matter to the governor
of the State, and ask him to institute
military govermont in place of the
civil govermont now existing in the
borough of West Berwick. In view of
past records*, prompt action, they say
is necessary to prevent the probable
further spiling of human blood.
There is no development in the mur
der of Doininiok (Jaluso. In explain
ing why he was outdoors at 3 o'clock
in the morning, when he was killed,
some say that he went too work at the
car shops at 1 o'clock ami that the
murderers know this and lav in wait.
This, howevor, does not explain why
he was in his backyard with only his
night shirt on so long ahead of work
time.
TENDERED HIS RESIGNATION.
A Lock Haven janitor handed in his
resignation the other day, says an up
river exchange. When asked what was
the trouble, lie said:' 1 I'm Inmost. and
won't stand being slurred. It' 1 flud a
pencil or handkerchief'bout the school
1 luin;i it up. Every littlo while the
teacher or some oue that is too coward
ly to face me, gives me a slur." "In
what way?" asked the officer. "Why,
a littlo while ago I saw written on the
board, 'find the common multiple."
Well, I looked from the cellar to gar
ret, and 1 wouldn't know tho thing if
I met it on the street. What made me
quit my job? Last night in big writ
ing on the blaek board, it said, 'find
the greatest common divisor.' Well, I
says to myself, both of thorn darn
things are lost, now I'll be blamed for
swipin' 'em, so I'll quit."
Arranging for Harrisburg Trip.
Companv F, N. G. I'., of this city,
is already making arrangements for
the trip to the dedication of the new
State capitol at Harrisburg.
Yesterday Captain Gearhart issued
the following company ordor: "You'
are hereby notified to repjrt at tho |
armory on Friday evening, Sept. 28,
to receive instructions relative to at
tending the dedication of the State
capitol on Oct. 1 Failure to be pres
ent will forfeit your privilege, as we
must know exactly the number of men
going so as to draw from other com
panies. ''
trolley Sale Confirmed.
The sheriff's salo of the Danville &
Stinbury street railwav has been con
firmed during the present term of
court. The street railwav was sold by
the sheriff on the 6th of July last,
Simon Krebfl becoming the purchaser.
No exceptions having heeu filled the
sale was confirmed before Thomas G.
Vincent, Prothouotary, on Monday
morning.
WASHINGTONVILLE
IDS 111 CAULT
At Washingtonville yesterday morn
ing occurred the death of oue of Mon
tour county's bust known and most
|K>pular men,A. li. (fault; a citizen
honored for liis upright,christian life;
a husband and father devoted to his
family and a luau, genial and gentle
mannered, belovod by his fellowuien.
Mr. Uault had heou in ill health for
several years as the ravages of that
dreaded disoaso, consumption, fasten
ed upon his body. It was not,however,
until about two weeks ago that ho
was compelled to retire from business.
At that time he took to his bed, and
steadily grew weaker until the end
came at 5 o'clock yesterday morning.
The deceased was born in Ireland ou
the 27th of April, 18fitt, and came to
America at the age of 21, settling with
liis parents, Mr. and Mrs. Archibald
Gault.in Philadelphia. While employ
ed at the Norristown hospital ho met
and later married Miss Milie Martz,
daughter of Jacob Martz, of Washing
ton vi lie. Five years ago Mr. and Mrs.
Gault moved to Washingtonville, where
they have since resided.
Mr. Gault was an active member of
the Washingtonville Presbyterian
church. He was also a member of a
Philadelphia lodge of Odd Fellows.
He is survived beside his wife by two
brothers, James and William, both of
Philadelphia.
The funeral will take place Friday
morning at 11:30 o'clock from the
Washingtonville Presbyterian church.
InterinentPin the Odd Fellows' conie
tery.
Professor Taylor Married.
Professor J. W. Taylor, principal of
the local high school, has taken unto
himself a bride; more than this the
interesting event took place last
spring, so that during the vacation
and since he has returned to Danville,
although ho has been looked upon as
onjo>iug single blessedness,yet all the
while ho was firmly intrenched iu the
ranks of Benedicts.
On Friday evening Professor Taylor
left for Eagles Mere,returning on Sat
urday evening with his bride. It was
a groat surprise to Danville people.
Tho bride before her marriage was
Miss Ada A. Chase, daughter of Cap
tain E. S. Chase, of Eagles Moro, a
man very promiuont in the affairs of
that resort, being manager of tho j
Eagles Mere boat company and trea- j
surer of tho Eagles Moro Laud com- I
pauy. Mrs. Taylor comes from an old
and distinguished family, her grand
father being speaker of tho House at
tho age of twenty-seven,and her great
grand father, an aide do camp to tho
groat Napoleon. Mrs. Taylor was
teacher in the public school of Eaglos
Mero. She is highly accomplished and
is an athlete, being a skilled horse
woman, an export swimmer,a canoeist
and fond of mountain climbing.
Mr. and Mrs. Taylor will live at H.
M. Trumbowor's for tho present. They
wore serenaded by students of tho high
school on Saturday evening.
Tho wedding took place on May
26th. last in Now York City. Only a
few intimate friends were present.
Death of William Malaney.
Our readers win regret to learn of
tho death of William Malanev, which
occurred at the Joseph Katti hospital,
Bloomsburg, Saturday morning. The
decoasod was a widely known and
highly esteemed citizen of Danville.
Ho was a rougher at the rolls at Howe
& Samuels' mill and was liked and
hold in tho highest regard by his fel
low workingmou as well as by our
townspeople generally.
The deceased was stricken with ap
pendicitis, which became complicated
with peritonitis. Three weeks ago yes
terday ho was removed to the Joseph
Katti hospital at Bloomsburg. While
at the hospital he was operated on
twice. At times his condition seemed
to promise recovery, but in each ins
tance ho became worse. Ho suffered
intensely and toward tho latter part of
last week hope was abandoned. Death
occurred at 8 a. in. Saturday.
Tho deceased was a single man, fifty
one years of age. Both parents are
dead,but ho is survived by two broth
ers and a sister: Thomas Malaney of
Washington, this State; John Malaney
of Bloomsburg and Miss Anna Mal
aney, who resided with tho deceased
at No. f»*>4 East Front street.
Lost Watch Oddly Recovered.
Ralph Knittle. an employe of tho
Uuited Telephone and Telegraph com
pany, had a uniquo experience the
other day. While assisting to Htring
tho telephone wires over the top of tho
iron work of the river bridge he miss
ed his watch, which in some way had
gotten out of his pocket.
It was a valuable time piece aud,as
sisted by fellow workmen, lie search
ed high and low for it. Somo time to
ward evening the attention of tho meu
was attracted by an object dangling
from a telephone wire high above tho
bridge. It proved to be tho watch, the
fob chain of which had caught in the
wire as the man was climbing over
head. which had the result of pulling
it out of his pocket.
Judgo Staples, of Monroe couufcy
sentenced three young lads of Strouds
burg who were charged wifcli robbing
the residence of a citizen, to loiuain
at their homes under the surveillance
of a probation officer aud to abandon
the use of cigarettes.
•KXDOKB BUT TO TBUTH. TO ÜBXm ARB UW-M VAVOB SWAT! US AKB wm WMAM IVft*
DANVILLE, MONTOUR COUNTY. PA., FRIDAY, SEPTEMBER 28, 1900.
SECOND TRIAL OF
PETER DIETRICH
Court convened at 9 o'clock TUGS
day morning with his Houor Judge
Evans aud Associatos 8100 and Wagner
on the bench. A commuii icat ion was
received from Dr. Patten, explaining
that William Robinson, one of the
jurors, was ill and should bo permitt
ed to remain in bod for a couple of
hours. McOlollan Diehl, tipstaff, was
directed by the court togo to the ho
tol aud to remain with the sick juror
until lie was able to return to court.
Meanwhile the examination of jurors
was rosumod. At 1) :45 o'clock the pro
thonotary announced that the panel
was exiiausted. By that time twelve
additional men had boon examined and
challenged as follows: J. W. Vastiue,
Hugh Pursel, John Mowror, Adolf
Boettingor, William Curry, M. V.
Madden, Nicholas Hill, Thomas Perry,
Wesley Perry, B. F. Dieffenbachor,
Oscar Shultz and Daniel Mosor. The
liumbor of jurors thus far accepted
wore eight.
Since by reason of sickness and chal
lenges the regular panel had became
exhausted Hon. H. M. Hinckley,quot
ing the law, moved that talesmen bo
summoned. To this the defense object
ed, urging as the principal reason the
fact that it was the second trial. The
objection, however, was overruled by
the court.
Judge Evans accordingly made an
order directing that a sufficient num
ber of qualified men bo selected from
the audience or from the body of the
county to furnish the number of jur
ors roquirod to fill the box. In view of
the fact that the sheriff of tho county
is subpoenaed as a witness in the caso
tho court appointed E. M. Sidlor and
Georgo M. Leighow as olisors,summon
persons for the jury.
Business of court was suspended for
one hour while tho elisors wore busy
with thoir selections. At 11 o'clock
they returned with a list of names.
Edward J. Kishel was tho first tales
man called. He stood tho tost and was
accepted and sworn. He was the first
juror obtained during the morning,
making tho entire number in the box
nino.
George Freeze, the next talesman,
was challenged,as was also Andrew J.
Stein man, Grant Fenstormaeher, J. F.
Montauuo, Michael Brockbill and Sam
uel Fausey.
Edward V. Stroh, the eighth lales
mau, was accoptod and sworn.
Charles W. Cook, the next man call
ed, was challenged as was also Mat
thew Sheep, W. B, Billheim, J. T.
Oberdorf. At 11:45 nouo of tho other
persons selected by tho elisors seem
ing to be at hand his lionor announc
ed that court would adjound until 2 p.
m.and that moauwnuc all thoso whose
names had been selected should bo
waited upou personally and informed
that they must be in tho court room
by 2 o'clock, othorwise the sheriff
would be sent for them.
Upon tho reconvening of court at 2
p. m. tho calling of talesmen was re
sumed. E. D. Peutz, Edward L. Aton,
Kobort Blue, William A. DeGroen.aiid
Lawronco P. Wagnor were rejected in
succession. Georgo M. Brown was ac
cepted and sworn.
Edward Yeager, R. M. Lyon wore
challenged,after which J. H. Fry was
accoptod and sworn. Mr. Fry's accept
ance completed the panel and tho
twolve mou wore as follows :
William M. Kobinson, John M. Hob
insoii, John N. Price, Frank Schram,
E. Bostian. Charles E. Shires, Sr.,
William S. Churni, Thomas Watts,
Edward Kishel, Edward V. Stroh, G.
M. Brown. J. H. Fry.
It was o'clock when District At
torney C. P. Gearhart presented the
case to tho jury, outlining the Com
monwealth's side.
The first witness called was Mrs.
Jones, widow of James A. Jones, vic
tim of the shooting. All the circumst
ances of tho tragedy are fresh ou tho
minds of our readers and probably loss
interest attached to the testimony thau
at tho first trial, although the court
room was full of spectators.
Mrs. Jones said the last she saw of
her husbaud alive was when he left
their home on East Front street at 25
minutes of 7 o'clcok on the evening of
February 23rd last. lie was then in
good health. When she noxt saw her
husbaud ho was dead, lying stretched
out on a bench in Peter Dietrich's
saloon. Below his left eye was a small
hole through which the blood apj)eared
aud trickled down on the floor.
John Woll was the next witness.
Ho was acquainted with James A.
Joues from a boy. Had kuowu Peter >
Dietrich also from boyhood. Wituess
was with Jones on day of shooting—
both had been drinking. Togothor they
appeared at Dietrich's saloon about 10
o'clock on night of February 13, 190*1.
They found Andy Rogers outside;
Dietrich was inside alone. Woll and
Jones weut in the saloon aud had a
glass of beor. While they were drink
ing Rogers camo in and Woll called
for beer. Rogers served tho boor. Woll
theu said, "Fill them up again."
Rogers again acted as bar tender.
Dietrich drank along, but took cider.
Jones was talking about joining the
Fraternal Order of Eagles aud he
wanted Woll to propose him. Some
how Dietrich got to talking about
shooting when ho was a cowboy, il
lustrating the various positions in
which lie used to hold the gun. Diet
rich went into a small room aud soou
returned. Some time later Woll Haw
that he had something in his hand
that glisteuod. It was later when he
was demonstrating how he used to
shoot that lie heard a shot and found
that Jouos was dead. He did not ob
serve Dietrich's movoiuouts very close
ly, as ho thought they wore only "fool
ing"
After cross examination Mr. Hinck
ley proceodod to ask tho witness if,on
nifferout occasions immediately fol
lowing the shooting, ho had not stated
that "two shots" woro fired instead
of only one as ho testified to at former
trial ami was testifying to at present.
Mr. Ikeler for tho defense was quick
ly on his feet and most strenuously
objocted to any such lino of questions
and would not submit to oven a dia- j
cussion of the proposition as long as
the jury was present. In order to ar
rive at some conclusion in the matter
it was agreed that the jury be with
drawn from the court room and argu
ment on the point involved proceed.
Accordingly the jury was asked to re
tire. after which Mr. Hinckley pro
ceeded to tell what ho expected to
prove.
John Woll, he said, who was only
one of two 03*0 wituessos of the shoot
iug, was proving a most unwilling
witness for tho Commonwealth. It
would bo proved by witnesses,he said,
that 011 the day following tho shoot
ing, when all the incidents woro fresh
011 his inind.Woll 011 divorso occasions
stated that. 1 two shots" were fired by
Dietrich—that Woll by throwing up
his arm had parried 0110 shot, but that
boforo ho could prevent it Diotrich
had fired a second shot right at. Jones
aud had killed him. This fact Mr.
Hinckley explained was unknown at j
the former trial. 111 support of his
position Mr. Hinckley cited author
ities at considerable length.
Mr. Ikeler followed very oloqueutly
denying tlio right of the Common
wealth to proceed with any line of
questioning that would tend to im
peach the credibility of its own wit
nesses. Ho also cited authority to sup
port iiis position.
The court sustained Mr. Ikeler's ob
jection, after which the jury was
brought bank into the court room and
the examination of witnesses was re
sumed.
Andrew Rogers was the next wit
ness. At this point it began to ho
evident that the lap.no of time was
having some effect on the testimony.
Witnesses did not seem quite so em
phatic or sure of their points. Now
and then a slight discrepancy was ob
served botween the testimony being
offered and the testimony at. the pre
vious trial. Rogers said he was out
side of Dietrich's saloon when Jones
and Woll appeared. Later ho wont in.
Dietrich, Jones aud Woll ho found in
side. Woll "set 'em up" aud said "fill
'em up again." Dietrich told Rogers
togo behind tlio bar and fill the glass
es. Diolrich drank cider; others took
boor. Dietrich then said : "Tako one
on me." All took cider. Then Jones
lay down on a bench opposite tlio bar.
Dietrich began to talk about herding
cattle and went through various move
ments to illustrate lassoing, etc. Ho
then went into a small 100111 opening
off the bar room, but soon returnod.
Ho tlion wont around ono ond of the
bar. It was there that Rogers saw the
gun first. Jones told Dietrich ho
"couldn't Hlioot 110(11111' That was
quito a wilile before Jones was killed.
At tins point Mr. Hinckley called at
tention of the witness to the fact that
at the first trial he had testified that
Dietrich had got the revolver out from
behind the bar before he went into the
adjoining room. The witness admitt- j
ed that was his testimony and said it 1
"was right." Dietrich stood at the
end of the bar with the "gun" over
his arm. Jones was lying 011 the
bench. Then the "gun" went off. The
shot took placo live minutes after ho
camo out of the adjoining room. Rog
ers didn't watch Dietrich closely; ho
was looking at Jones, who was doing
the talking. He was telling Dietrich
that ho couldn't shoot. When the ro
volvor went off all talked nwhilo, not
dreaming that anyone had boon hurt. 1
Thou Kogers said : "What's the mat
ter with Corky; lio's so quiet." Woll
walked over to where ho lay and said:
"He's doad—you've killed him."
"Poto said,'oh, I guess not; if 1 did I
didn't mean to do it. Go for a doc*
tor.' ''
(Jross examination—lu reply to a
question from Mr. Ikeler Rogers ad
mitted that Dietrich was in bad shape
that night and was nervous. When the
revolver went off Dietrich said," I shot
up in the cornor. " "I said," Kogers
continued, "there's something tho
matter with Corky, etc." Woll walk
ed over and said : " You liavo shot him,
etc." There was 110 ill feeling appar
ent.
J. O. Mincemoyor, Ohief-of-Police,
was sworn. He was callod to Diet
rich's saloon a few minutes bofore 12
o'clock 011 the night of February 18th.
Ho found Jones lying 011 the bench
dead. With Offieor Voris no searched
the house but was unable to find Diet
rich. He sont Officer Voris down town
for Justico of the Poaco Oglesby.
Then half an hour after hi.* arrival at
saloon ho hoard a noise up stairs. He
started togo up, but met Dietrich
coming down. Dietrich gave himself
up and said : "I am no murderor; I
shot in solf defense. " Ohicf Mince
nioyfir then asked for the revolver.
Dietrich requested his sistor togo up
stairs ami ger the revolver. He told
hor tliat shejwould find if, in a cigar
box. Tho rovolver was produced and
handed over to tiie chief. Dietrich
said] it was'the one ho Imd shot with.
There wore five barrels and two wore
[empty. The chief also saw a self-cock
ing revolver behind the bar, all the\i
chambers of which were empty. The
chief of police arrested Dietricli ami
took him to jail. Ou the way Dietricli
repeated that hejwas no murderer aud
that he shot in self defease. The re
volver was offered iu evidence aud
identified by the chief of police.
Duriug the forenoon some other
cases were disposedof. Iu the case of
Commonwealth vs. John Bastiau,
charge perjury, a uol. pros, was ou
tered by permission of the court.
Iu the caso of Common wealth vs.
James Hosencraus, charge larceny, the
grand jury returned a true bill ou first
couut. A true bill was also found in
the caso of Commonwealth vs. Harry
Hosencraus 011 the first couut, which
was larceny.
111 regard to the two latter cases the
district attorney stated that tlie two
defendants, father and son, had plead
ed guilty. Harry Hosencraus, the boy.
iiad been iu jail for there months.Tak
ing all the circumstances into consid
eration, the hospital authorities, he
said,did not wish to press the prosecu
tion and the district attorney himself
thought justice would bo done if
sentence were suspended. Both Harry j
Hosoucraus aud his father,. Tames Hos
encraus, wero in turn called before the
court. They fouud tho scrap, they
said, lying along the road 011 tho hos
pital grouud aud being iu needy cir
cumstances and not deeming that the
old iron was of any value they carried
it off and sold it. Judge Evans ex
plained to.eacli of,the defendants that
lie might send them to the peniton
tiary for three years, but that ho had
decided to act upon the suggestion of
tho district attorney aud suspend sou
touce. He oxplaiued.to each just what
was implied by this action of court
said he hoped that it would serve as a
solemn warning in the future.
Iu the case of s tlie overseers of the
poor of Limostouo township vs.tho ov
erseors of tho poor of West Hemlock
township a rule was granted to show
cause why costs, , should not be al
lowed aud orderod to be paid.
In tho caso'of Paul M. Smith vs.
Colbort Smith et. al. an iuterculatory
report of master was filed.
Iu the ostato of Mary Lockhoof,
deo'd, a potitiou_for*sale of'real estate
was ordored as prayed for.
WEDNESDAY'S PHOCEEDINGS.
Court convoned at J) o'clock and re
sumed the examination of witnesses iu
tho caso.
J. C. Mincemoyer was recalled and
asked to describe condition of revol
ver which ho got from Diotrich.lt was
a five-shootor. All tho chambers wore
full, but two of tho cartridges had
been exploded. In this condition it
was otferod iu evidence at first trial
but after the trial it was found that
while the chambers wore still all fill
od tho revolver showod that only oue
had been exploded. This discovory was
mado when the revolver was taken to
tho water works iu compliance with
orders to roniove the charges. The offic
er could not say wlieu or by whom
cartridges wore changed
John Woll was recalled, lie deuiod
that as far as his knowledge went
thoro was any dispute between Jones
and Dietrich as to a book accouut.
Audrew Hogers also rocalled. Ho
was asked whether ou tho night of tho
shootiug he did not state to Dr. Pat
ten that tho revolver found behind the
bar was not loaded, having boon empti
ed tho week before in shootiug mark?
He stated that ho did uot make such a
remark. Mr. Ikeler objocted to this
question, advancing tho samo argu
ment as 011 the day provious. The ob
jection was ovorrulod.
Lewis Byerly was sworn. He was
with tho chiof-of-polico wheu tho ar
rost of Dietrich was mado aud his
testimony confirmed tho ovidonce of
tho oflicer.
John Doster was callod. He was pres
ent at Dietrich's saloon 011 the night
of February 13th. He accompanied Dr.
Paules to the saloon after the shoot
ing. Ho confirmed the previous testi
mony as to Dietrich's state of mind
and his declarations at the time of ar
rest.
Dr. Patten was sworn and confirmed
previous testimony.
Dr. W. K. Paulos was callod to tho
stand. Ho was tho witness called to
the saloon aftor tho shooting. He made
a post mortem examination tho uoxt
morning and 011 tho stand described
the course of the bullet. A section of
the skull was produced in court, which
still contains tho bullet. Dr. Paules
described tho wound producod by tho
shot, which causod a heavy hemor
rhage. Tho effect was necessarily fatal
and death was instantanoous. The
physician confirmed tho testimony of
Chief Mincomoyor and John Doster
and stated that it was his impression
that Diotrich said: "I shot and killed
him in self defonso. Tako mo—hang
me or do with mo what you please."
Dr. Paules sworo that aftor Ohief
Mincomoyor oxauiiued tho revolver
produced by Dietrich as tho one with
which he did tho shooting, tho officer
handed the woai>ou to the doctor and
told him to look at it. There were
tlireo full chambers and two empty
shells. He previously saw another re
volver, which he oxaminod and found
to bo empty.
Later accompauiod by Dr. Patton iu
compliauco with a request from Diet-
rich's sister Dr. l'aulos, after mid
night, visited the prison for tho pur
pose of administering to Dietrich, who
was in a highly wrought condition. Ho
would not admit that Dietrich was
wholly irrational, although he was
very nervous Diotrich made inquiries
about Jouos and was told that the man
was dead. Dietrich, said, "Where did
I hit him?" aud before the physician
(tad time to respond, Dietrich added ;
"Oh, I know—just below the eye,
where I aimed at."
At 10:30 o'clock tho Commonwealth
rested. Mr. Ikelor explained that the
wituosses on the Commonwealth's side
embraced all tho oye witnesses of the
shooting and that the testimony had
been very fully presented. Iu view of
this and the fact that the defendant
was in such a nervous and highly
wrought conditiou at tho timo of the
shootiug as to be hardly a competent
witness tho defense had resolved to
offer no testimony in the case.
It was then 10:25 o'clock aud the
court after consultiug with the attor
neys, in order that the addresses to
the jury might follow each other,
without any interruption, decided to
adjourn court aud reconvene at 1
o'clock instead of at 2. the usual after
noon hour.
After court couveuod at 1 o'clock
Hon. H. M. Hiuckloy for tho Com
monwealth went to the jury. The ad
dress, which lasted nearly an hour and
a half,covered the ground in its en
tirety aud ranked with the most effec
tive Efforts of Mr. Hintkiey's life. He
declarod that the evidence clearly
showed malice and motive—that when
Dietrich brought out tho revolver he
intended to use it and that tho theory
of accident in the promises was not
tenable. Ho claimed that tho pistol
did not go off accidentally, as before
it could bo discharged it was neces
sary to draw tho hammer back to full
position, which in itself showed that
Dietrich intended to shoot. He em
phasized this point very strongly. He
quoted the evidence fully to show that
Dietrich not only when he made
damaging admissions, but also when
ho did tho shootiug was ]x»rfoctly ra
tional and know what ho was about.
Ho hold that all the evidence justified
a vordict of murder in the first de
gree.
At 2:45 Hon. Fred Ikcler went to
the jury for the defense. Mr. Ikolor's
address was likewise a very able and
eloquent effort. In beginning, he paid
a fino tribute to the ability, eloquence
and persuasive powors of Mr. Hinck
ley? In this case, he said, lie was not
afraid of the evidence, but lie admitt
ed he was "afraid of Judge Hiuek
loy." Ho dwelt upon the distinctions
to bo made in tlio killing of a human
being and ho said we have advanced
boyond tlio old Mosaic principle of an
eye for an eyo.a tooth for a tooth. Ho
defined murder as when a man in the
blackuess of his heart, with malice
aforethought and with a set determi
nation lies in wait for a human being
to tako his life and denied that any
of the elements are present in Diet
rich's case. He held that there was no
murder in any of its degrees nor oven
manslaughter in the case on trial. He
held that Dietrich was on the verge of
delirium tremens and reviewed the
evidence dwelling upon his excited
stato to show that ho was wholly irra
tional both when lie did.tho shooting
and when ho made the admissions in
jail. Mr. Ikoler held that if Dietrich
is guilty at all lie is guilty only of iu
voluutary manslaughter, which in his
case would imply a careless and reck
loss use of a weapon. Ho denounced
the indictment, which promits only
murder in ono of its degrees or volun
tary manslaughter. Many in the audi
enco were moved to toars while Mr.
Ikeler with tlio wonderful eloquence
at his command drew a graphic and
pathetic picture to show how the pri
soner has suffered in his varied experi
ences siuce_tho and that he
has already been punished sufficiently
for the slight degree"in'which'he may
bo guilty. fc .Mr. ikeler «poko for an
hour and a halt.
Judge Evans immediately followed
with his charge to the Tjiiry. He 'ex
plained the law applicable to the case
very fully and his chargo was very
favorably commented on. Judgo Evans
dofiued murder in the first degree, mur
dor in the second degroe and voluntary
manslaughter. To constitute murder
in the first degree the killing must bo
with malice, which means any attempt
to kill or do any groat bodily harm. It
must be showu that the attempt to
tako life was wilful and deliberate
following previously fonnod intent.
111 second degree murder felonious homi
cido is conimittod, but without any
deliberate attempt' to tako life. Man
slaughter is a still lessor degroo whore
there is unlawful and felonious .kill
ing of another without malico express
ed or implied. Should tho jury bo in
doubt whether tho defendant is guilty
of murder in the first or the second
degroo ho is to have the bonefit of that
doubt ami the verdict must be tho low
er of the two degrees.
Intoxication is no oxcuso for murder
in tho first degree. Intoxication, how
ever, may becloud the mind, preclud
ing malice and design, bringing the
crime in somo cases down to second
degree murder. Wliou a person, how
ever, becomes intoxicated for the pur
pose of committing murder and the
killing of another follows it is murder
in the first degroo. If tho jury boliovea
that the defendant was intoxicated
when ho killed Jones it is for them to
determine whether 110 was intoxicated
to the extent that he could not form a
design or plan deliberately to commit
the act. If ho was not so deeply in
toxicated, then his intoxication must
go for naught.
If the jury believes that Jones came
to his death through the accidental
discharge of a pistol in the hands of
Diotrich it is then its duty to acquit
him. To show whether the shooting
was accidental or not tho burden oi
proof must rest with the defendant.
Tho jury, t.herofore, may arrivo at
ouo of four verdicts: murder in the
first degree, murder in the second de
(Continued on Fourth Page).
10 SHOULD PAY
FORJCCINATI
Tho school board is in possession of
two iniportaut communications, which
that body thinks should help to settle
tho mooted question of.who should pay
for tho vacciuation of school children
when the pareuts are too poor to meet
the expense.
It is apt to occur that children of
indigent parents for the want of vac
cination are deprived of schooling un
der the present law, unless either the
school board, the poor board or the
board of health makes itself responsi
ble for the payment of bills incurred
iu this way.
It has always been a problem in Dan
ville. A few years ago the school dis
trict made itself responsible and in
the end found itself confronted with a
bill of some $2? for vaccination. It
declined to repeat tho experiment aud
appealed to the poor board as the body
that should be logically expected to
assume the cost. The poor board,how
ever, gave notice that it would not
pay the bill. There has been no pro
vision made therefore for children of
indigent parents aud those who could
get vacciuated did so aud others who
failed found themselves oxcludod from
school under the present law.
To obtaiu decisive information on
tho subject at a recent meeting of the
school board it was decided to addross
a lotter to tho department of public
instruction also one to tho department
of hoalth at Harrisburg. Replies have
boon rocoivod from both sources, terse
aud to the point:
Tho first communication signed by
Henry Houck, deputy superintendent
of public instruction,addressed to W.
H. Orth,secretary of the school hoard,
says:
"In answer to your quostion which
lias been referred to me, I would state
that there is 110 law authorizing school
boards to pay for vaccination. "
The second communication, signed
by the commissioner of hoalth, reads
as follows: " VV. H. Orth, socretary.
Dear Sir: 111 boroughs I should think
the board of health should pay for vac
cination. Tho Stato has been assuming
this expense in rural districts whero
there aro no boards of hoalth. Yours
very truly,
SAMUEL O. DIXON, M. D.
Meeting of School Board.
Tho school board held a regular
meeting Mondav evening. A couple of
hours were spent in discussion relating
to school matters, but very little act
ual business was done.
A communication was roceived from
Miss Knmia Youuguian, tendering her
resignation as pupil teacher,a position
to which she was elected during last
mouth. On motion of Mr. Fischer tho
resiguatiou was accepted.
On motion Borough Superintendent
Gordy was instructed to correspond
with houses dealing in school supplies
for tho purpose of obtaining prices 011
tables for use in tho laboratory If
prices aro at all reasonable 110 was in
structed to act in conjunction with
tho supply committee and procure
a table at once.
Tim school board in ill receipt of a
couimuiiicatiou from tlio govornor of
tlio Comiiioiiwenltli nntl tlio (loilicatiou
commission invitiug tlio board to be
present at the dedication of the capitol
at Harrisburg oil Thursday, October
4th. On motion the invitation was
accepted.
On motion of Mr. Fischer it was
ordered that on Friday of each week
the SCIIOOIB close at 3p. 111. , and that
recess in the afternoon be omitted.
The following member a wero pres
ent : Burns, Ortli, Pursel, liming,
Fish, Fischer, Lutz, Trumbower and
Hoiss.
The following bills were approved
for payment:
S. J. Beaver 111.20
E. L. Aten&Oo 11.75
Trumbower & Werkheiser I). 17
John Bruilor 2 35
Morning News 2.00
U. L. Gordv 11.25
N. C. Prentiss 2.00
Kobort Miller 2.50
Ginn & Co 68.27
George W. Boat 1.50
Allen & Bateman 30. Hi
H. M. Schocli 25.67
Teachors & Janitors 17W0.00
Repainting Trolley Cars.
The Danville and Bloomsburg elec
tric railway company is overhauling
its closed cars. One of them has al
ready been completed and, resplendent
with new paint, has been ill service
sinco last Saturday, when it was first
employed at a funeral. All the origin
al colors of the car liavo been restored
and a gloss anil polish imparted that
gives the car a more handsome appear
ance than when new.
The second car is now being over
hauled and will bo back into service
in a sliort tiuie. After which the third
aud last of the closed cars will bo ro
paiuted. It is evident that General
Manager Miller is not content with
having the trolley track in lirsl class
condition, but he is determined that j
the rolling stock must show up in a
way to correspond. It is a lino evid
ence of enterprise.
Will Improve Church Property.
The congregation of the Reformed
church at Strawberry Ridge is about
to enter upon a system of repairs on
its church property. A line vestibule
will be erected, the material being al
ready on the ground and work will
begin this week. New seats will also
be installed and the interior of the
edifice generally renovated.
NO 1
COUNCIL
PROCEEDINGS
The mooted question who should
bo water commissioner for the
ensuing year was settled by council
Friday night by the election of James
T. Magill.
Tiie deadlock, with George Keif
suyder anil Charles Pusey as candid
ates, which had existed for over a
month, showod 110 signs of being brok
en and council as a body.it seems, be
came convinced that it was folly to
hold 011 to the old cand i.lates any long
er
On motion of Mr. Angle it was de
cided to drop both of the old candid
ates.
Mr. Bedea thou nominated James T.
Magill for water commissioner for tlie
! onsuiug term. The nouiiuatiou was
secouded ami a vote wan taken when
it was found that Mr. Magill wan
unanimously elected.
Frank Boyer was at council to pro
test against the condition of Bloom
stroet, recently reconstructed with
streets, he said,could be
made with cinder, if it was properly
appliod. As the road is it is impossi
ble to haul a two-toil load over it. He
warned council that the street would
be returned to court next week.
Mr. Sweisfort said the street com
missioner is unjustly blamed for bad
job done. In his opinion, tlia commit
tee on streets anil bridges were re
sponsible. A portion of the cinder, he
said, should be carted away and the
road lowered.
Mr. Jacobs said the difficulty was
that tho borough has undertaken too
much work for Mr. Miller to handle
at one time. Now was ihe time,when
so many men aro idle, he said, to en
ter upon the work of stroet repairs ou
a largo scalo, as tho stroets of town
nre in a notoriously bad condition. He
moved that John L. Kvaus be employ
ed by the day to assist in a thorough
supervision of street repairs to the end
that more satisfactory results may be
obtained. Tho motion prevailed and it
was orderod that Mr. Kvaus be em
ployed and a general improvement of
the stroets entered upon at once.
Uu motion it was ordered that coun
cil purchase 100 tous of broken lime
| stone from Denuis Bright, provided it
! could bo obtaiueil at til) ceuts per ton.
The following jietitiou was receiv
' ed : "Wo, tho undersigned residents of
! West Mahoning street exteml a wish
that a light bo placed at the corner of
West Mahoning street and Ktter's Al
ley." Following aro the signers: Wil
liam T. Turner, Morgan J. Williams,
J Jacob Weimer.Tillie K. Saunders, G,
IW. Hotfman, John H. Geruert, Louis
H. Geruert, Thomas Brecht, John Al
bock, Charlos Kehl, Thomas Trainor,
Sr., O. G. Marks.
Ou motion tho petition was referred
| to the committee ou light.
, Ou motion of Mr. Jacobs it was ord
-1 ered that water takers ou North Mill
street, whose pipes need repairs, bu
notified that all such repairs must be
mado this fall ill order to obviate the
necessity of digging up the street next
spring.
Ou motion it was oidered that Ja
cob Eugle,North Mill street, be given
permission to line a.small frame build
ing with steel sheeting iustead of with
brick as was directed at a previous
meeting.
Oii motion of Mr. Bedea it was ord
ered that tho sower ou North Mill
utreot be extended up each of the
streets out of the way of the paving.
Ou motion of Mr. Kussell it was
ordered that all the old hose belong
ing to tho borough that is without
coupling, be sold as junk.
011 motion of Mr. Vastine it was
ordered that a rubber matting, 8 feet
by (I feet, bo purchased for the switch
board at the light plaut in order to in
sure greater security.
Tho following communication ad
dressed to council was read by the sec
retary: "The Governor of the Com
monwealth and the dedication com
mission request the honor of your pre
sence at the dedicatory ceremouies of
the capital of Pennsylvania in Harris
burg on Thursday, October 4th, IWO6.
On motion of Mr. Vastine it was
ordered that the communication be ac
cepted ami a note made of it ou the
minutes. As many of the councllmen
will attend as possible.
J. V. Gillaspy appeared before coun
cil to ask that the borough assist him
to olovnte his buildings on Mill street
to conform witli the change of grade.
He stated that if tho borough would
raise tho lower building in a satisfac
tory way lie would raise the upper
building himsolf. His proposition
seemed to meet with coaucil's approv
al anil it was decided that it be accept
ed.
On motion it was ordered that the
street commissioner raise aud relay
with brick the crossing at William
Moyer's property on East Market
streot.
On motion of Mr. Jacobs Herbert
Myerly was ordered to lay a pavement
on Church street below Front within
five day's time.
Ou motion of Mr. Sweisfort it was
ordered that a crossing be laid at al
ley at rear of Shiloli Reformed church.
On motion of Dr. Sweisfort it was
ordored that the Friendship Fire com
pany bo employed to do all the haul
ing of coal until further notice.
The following members were pres
ent at the meeting : Gibson, Vastlne,
Sweisfort, Russell, Dietz, Bedea,
Fiuuigau, Anglo, Jacobs, Hughes and
Eisenhart.