Montour American. (Danville, Pa.) 1866-1920, January 24, 1901, Image 1

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    Home Paper ——
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The circulation of this paper is in
creasing rapidly. It will pay you
to advertise in the AMERICAN.
SOBSCRIPTIOH $1 PER YEAH
DR. IRVING H. JENNINGS,
DENTIST.
Office llour t
9 A. if. to 72 M. 104 Mill St.,
IP. M. to 4P. M. Danville, Pa.
Q «HVLTZ, M. D.
425 MILL ST., DANVILLE, PA.
Diseases of the Stomach and Intestines
a Specialty
W. P. ANGLE,
—DENTIST —
OFFICE: 218 MILL STREET.
Teeth Extracted without Pain.
Crown and Bridge Work a Specialty.
Equipped with the latest and rnoit Improved
Instruments and prepared to execute the
moat difficult work.
DR. C. H. REYNOLDS,
(FORMERLY OF CATAWISSA).
DSN! IS 1
Offioe, Opposite Boston Store, Danville, Fa
Dentistry In all its branches. C?
Moderate and all work Guara
Established 18M
CONDENSED NEWS.
Mid-winter.
License court Friday.
The committee of arrangements for
the convention of the State convention
of the State Camp, Patriotic Order
Boas of America, which meets in Harris
kurg next August, has decided that all
camps shall wear the same uniform up
•n the occasion of the big parade during
the convention week.
Already railroad agent 9 are looking
forward to the immense traffic that will
be bandied during the Pan-American
exposition at Buffalo the coming sum
mer.
Arrangements ior the inauguration
are already under way.
Sidewalk improvements will be the
order among property holders in differ
ent parts of the city the coming spring,
Regular dances will be held hereafter
under the auspices of Company F every
Saturday evening. Prof. Metherell will
furnish the music.
Norris Childs, conductor in the D. L.
k W. yards, is ill at his home on Church
street. Lee Sleppy, of Bloomsburg, is
temporarily filling the position,
Basket ball enthusiasts are coouting
on a hot game at the Armory on Friday
evening.
Mrs. C. H. Wells is seriously ill at the
home of her daughter, Mrs. W. I. Steang
en East Mahoning street. Last evening
•be was resting a little easier than she
has for a day or two.
The State Pharmaceutical Association
will recommend the passage of a new law
by the Legislature for druggists. Under
its provisions druggists will be divided
into two clasaea: Those who sell articles
in the original packages and with seals
anbroken, and those who compound
prescriptions.
Recorder J. C. Rutter, of Bloomsburg,
yesterday received for record the mort
gage given by the Columbia and Montour
.Electric Railway company to the Com
monwealth Trust Company for $375,000.
The mortgage is to be recorded in Col
umbia, Luzerne and Montour counties.
The members of the Penn Social club
will enjoy a sauer kraut supper at their
rooms, Opera House block, to-morrow
evening.
During the first week of October next
there will be a gathering of the fireman
of the State, which promises to be the
largest ever seen in Philadelphia. It is
expected that 12,000 firemen will be in
line in th* parade set for the third day
of the meeting, which will be the twenty
second convention of the Firemen's
Association of the State of Pennsyl
vania.
Charles Kinn has added a pigeon hole
pool table to his Mill street establish
ment.
Gettysburg will soon be a thing of
beauty and a joy forever. More paths
for tourists are to be laid out on the
battlefield, and if possible it is to be
made handsomer than ever.
Remorse Caused Suioide.
Joseph Watson,, who lived in Point
township, Northumberland county, be
tween this city and Northumberland,
killed himself early Tuesday morning
by shooting ofl the top of his head in
the barn. About two years ago, Mr.
Watsou accidently shot and killed his
sister. Although he was exonerated
from all blame for that accident, it has
since preyed on his mind. When his
people arose yesterday morning they
found a note on the table saying that he
could Btand it to live no longer and that
he had gone out to kill himself. Mr.
Watsou was forty-eight years old, and
was highly respected in the community
where he lived.
Death of an Infant.
Kllen, the aeven and one-half months
old daughter of Mr. and Mrs. Thomas
Black, died at their home on Railroad
street Monday morning. The funeral
will be held this afternoon at two o'clock
from St. Joseph's church. luterment
will be in the Catholic cemetery.
Wintersteen Wears His Ovsrcoat.
Considerable comment has been caus
ed among those who have attended all
sessions of tbe murder trial by the fact
that no matter how warm it has been in
the court room, Boyd Wintersteen,
throughout the trial, wore his heavy
overcoat.
I ■' eß= B ■ ' * " ' ~
"THIS COUNTRY WILL NEVER HE ENTIRELY FREE UNTIL IT SUPPLIES ALL OF ITS OWN DEMANDS WITH ITS OWN PRODUCTIONS."
VOL. 4(5—N 04.
FOOT CUT OFF
BY CAR WHEELS
Robert Williams Did Hot Succeed in Jump
ing on the Train.
Because of his inability to catch on a
moving passenger train, Robert Williams,
a well known young man of this city,will
be crippled for life, with his left foot cut
off just above the ankle. Tlie accident
occurred at 5:45 o'clock Monday after
noon at Mooresburg.
In company with Haves Bedea ami
William Jones, Mr. Williams went to
Mooresburg Monday morning to spend
the day. They intended to return home
on the Reading train due here at 6:04 p.
m. When they heard the train coming,
the young men were some distance from
the station, and they ran to catch it.
Bedea and Jones were ahead. They
went down the steps at the station and
got onto the train just before it started.
Mr. Williams took a shorter cut so as to
reach the track a little ahead ot the
train. Seeing this, Mr. Bedea said to the
conductor: "There he is, let her go."
The train started, and was under good
headway when it reached the point
where Mr. Williams was running. Mr.
Jones was standing on the rear step of
the smoking car and Mr. Bedea was on
the step of the next car. As Mr. Will
iams tried to catch the platform rod of
the smoker he missed his hold, and
caught Mr. Jones' overcoat instead. Mr.
Bedea caught his friend by the shoulder
and attempted to pull him onto the step.
Mr. Williams could not succeed in catch
ing the rod and he was too heavy for his
friends to pull him up. He fell beneath
the wheels so that two cars passed over
his left foot just above the ankle. His
right leg was stratched.but not seriously.
Messrs. Jones and Bedea immediately
jumped from the train, picked up their
friend and telephoned for medical as
sistance. Drs. Curry and Shultz drove
to Mooresburg. Mr. Williams was soon
brought in a hack to hishomeon Spruce
street, and bis leg was amputated a little
above where the wheels passed over it.
A Pine Concert.
A large audience at the opera house
Friday eve was delighted by the con
cert given by the Katharine Ridgeway
Concert company, one of the entertain
ments in the Y. M. C. A. atar course. As
an elocutionist, Miss Ridgeway has few
equals. Her strong voice and power of
expression were well shown in her inter
pretation of"The Vow of a Roman,"
and other humorous and serious sketches
displayed her versatility in an excellent
mauner.
Mr. Bush's remarkable fingering, deli
cate touch and expression at the piano
formed a pleasing feature of the concert.
U. S. Kerr and Mrs. Viola C. Water
house, the bass and soprano, soloists are
musicians of exceptional ability. Their
interpretation of several difficult selec
tions displayed to good advantage their
expression, and purity of tone, while
Mrs, Waterhouse reached the higher re
gisters with an ease and distinctness
equalled by few artists.
Death of John Sheehan.
John Sheehan died yesterday morn
ing at his home on Ash street. He was
22 years old, and in company with
his sister Bessie and brother William
returned to this city from Scran ton last
June. The family lived in this city be
fore they moved to ScrantoD. Last
spring two sisters, Mary and Annie.died
within a few weeks of each other, from
consumption, the disease from which he
died. Miss Bessie now lies critically ill
at the Ash street 'home. The brother
and sister are the only survivors. The
funeral will be held from St. Joseph's
church on Friday morning at 9 o'clock.
Interment will be in the Catholic ceme
tery.
Peter Eoden Discharged.
Peter Roden, who has been in jail for
nearly eight weeks on a peace warrant
sworn out by his sister, was again ar
raigned before Judge Little Monday
noon. The Judge gave the young man
a lecture, told him to let intoxicating
liquor alone in the future, and advised
all persons to refrain from selling or giv
ing any thing to the young man to
drink. He then discharged Roden on
his own recognizance and promise to
keep the peace for a year and to pay
the costs of prosecution.
Burned Thirty Years Ago.
Peter S. Moser was yesterday brought
from his home near Turbotville to the
hotel of his brother, Philip S. Moser for
treatment for his leg. Over thirty years
ago, while a small boy, Mr. Moser's
ankle was burned while he was burning
brush. The injury has bothered him
ever since, until a few weeks auo the
foot was amputated above the ankle. It
was supposed that the leg was healing
all right, until a few days ago it broke
out again. Drs. Newbaker and Curry
examined him yesterday.
Contract Was Awarded.
The contract for the new chapel and
the addition to the main building of the
Holy Family Orphanage was yesterday
awarded to Contractor John Smith, of
Wilkesbarre. William Amesbury, of
Wilkesbarre, a son of Councilman W. H
Amesbury, is in this city representing
Mr. Smith, for whom he is foreman. Mr.
Amesbury will have charge of the con
struction of these buildings.
A Popular Auctioneer.
McClellan Diehl, of the firm of Cotner
& Diehl, and who is also a well known
auctioneer of Washingtonville, has been
in attendance at court for several days.
Mr. Diehl's services as an auctioneer are
greatly in demand for the spring sales
throughout this section
DANVILLE, PA.. THURSDAY, JAN UAItY 24, 1901.
ANOTHER MAI) DOC
WAS SHOT
Bitten by Animal That Was Killed Over
Three Weeks Ago.
Another of the dogs that were bitten
by the mad dog on Sunday, December
30, has been killed by its owner, because
it showed signs of the rabies. And the
actions of this animal tended to disprove
the well grounded belief that in cases of
this kind hydrophobia develops within
nine days of the time an animal is bit
ten.
Among the fifteen or twenty dogs that
were bitten over three weeks ago were
two belonging to Lloyd Lamberson,who
lives about a mile and a half below town
along the canal. As soon as they were
bitten, Mr. Lamberson locked both of
his dogs up, and within a day or two he
killed one without waiting to take any
risks of the development of the rabies.
The other dog, a small fox terrier,he has
since kept confined in a pen, taking
good care of the animal, but giving it no
opportunity to injure any one, should
hydrophobia develop.
The dog appeared to be all right until
a few days ago, when it began to
act strangely. By Monday morning the
dog had well developed symptoms of
hydrophobia. It frothed at the mouth
and snapped at everything within reach
and finally appeared to be suffering from
lock-jaw. Mr. Lamberson accordingly
killed the dog to put it out of its misery.
Spent Most of the Day in Beading—Took
a Walk in the Afternoon.
The Wintersteen jurymen spent Sun
day rather quietly. The judge gave
them permission to attend church at
any place they might elect, but James
Freeze and James Butler were indisposed
during the morning, and they did not
attend church.
In the afternoon the two sick men felt'
better, and the jury went out for a walk
arouud town, accompanied by two offi
cers. Books were secured for them at
the public library on Saturday evening,
and they spent most of the day in read
ing.
The jurymen are being boarded at Ho
tel Baldy, but they have to refrain as
far as possible from communication with
the public, and under no conditions
must they permit any one to speak to
them concerning the case being tried.
In all their movements they are accom
panied by one of the two tipstaves who
were appointed to attend them at all
times.
Council Did Not Meet.
On account of a lack of a quorum, no
meeting of the Borough Council was held
Friday eve. The chairmen ofthediffer
ent committees were present, however,
so that the following bills were approved:
WATER DEPARTMENT.
Regular employes $144.30
Sam. A. McCoy 20.00
Employes on Annex U5.10
John Christian 4.20
JohnKeim 31.25
J. H. Cole 12.30
Curry & Vannan 5.68
D. L. & W. freight 5.50
Hoover Bros 12.30
Danville Bessemer Co 101.24
Howe & Polk 7.43
Richard W. Kggert 15.00
Babcock & Wilcox Co 17.00
R. E. Gillaspy 15
Montour & Columbia Tel. C 0.... 6 00
E. W. Peters 55.75
BOROUGH DEPARTMENT.
Regular officers 82.50
Regular employes 11.00
S. J- Wei liver 1.45
A. C. Amesbury 9.00
It Was Much Enjoyed.
The concert given Tuesday eve in the
Y. M. C. A. hall by the Bloomsburg Nor
mal school orchestra was attended by a
large ar.d enthusiastic audience. The
program was arranged with great care,
the numbers being selected to suit all
tastes.
The well known overture "Raymond"
by Ambroise Thomas was played for the
opening and considering the small or
chestration, was well played, eliciting
much applause. Mr. Breon demonstrat
ed his ability as a violin soloist in the
playing of Wieniawski's difficult "Kin
awiak Mazourka." He possesses much
technique and plays with finish and ex
pression. The flute and clarinet duet by
Messrs. Miller and Foulke was a most
pleasing number and was loudly ap
plauded. Mr. Foulke is a son of B. F.
Foulke of this city. Signorina Comba,
the soprano, sang two selections. She
possesses a natural soprano voice which
has been well cultivated, and she sings
very effectively.
Recommendations of the Grand Jury Should
Be Acted Upon.
Among the recommendations made
by the Grand Jury in its report present
ed ou Thursday afternoon were two,
the need for which the general public
can well appreciate. They were for re
pairing the roof of the river bridge, and
to place glass in the office doors iu the
courthouse so that the hall will be bet
ter lighted.
The need of the repairs to the bridge
is apparent to all. A few dollars saved
by neglecting the bridge roof would
soon result in more serious trouble, that
would cost hundreds of dollars to recti
fy. Any one who visits the Courthouse
easily recognizes the wisdom of the
second recommendation. The hall is
usually so dark that it is impossible to
see to read the signs on the doors, and
on cloudy days it is necessary to feel to
find the doors themselvea.
PERSONAL
PARAGRAPHS.
Brief Mention of the Doings of Your Friends
and Acquaintances.
Mrs. Charles Houghton of Sunburv is
visiting her aunt, Mrs. John F. Kramer
on Nassau street.
Mrs. David Lougber of Elmira N. Y.,
is a guest at the home of her father
Michael Everett on Cooper street.
Mr". William T. Zell, of Coatesville, is
visiting her sister, Mrs. Jesse L. Beaver,
Pine street.
Mrs. John Henderson returned to
Williumsport Tuesday after a visit with
her father, Andrew Russel, on Lower
Mulberry street.
Rev. C. B. Heller, of Everett, Bedford
county, is visiting at the home of D. R.
Williams, Nassau street.
Mrs. William Covert, of Germantown,
is visiting at the home of her nephew,
H. W. Wyant, on East Mahoning street.
George Fenstermacher returned to
Philadelphia Tuesday after a visit with
bis brother Peter Fenstermacher, South
Danville.
Miss Lillian Haas returned to Harris
burg yesterday after a visit with her
sister Mrs. John Patton on Lower Mul
berry street.
Miss Olive Van Dyke left for Lew
isbnrg last evening after a visit with
Danville friends.
Assistant District Attorney Samuel
Clement, Mr. and Mrs. Thomas Richard
son, Mr. and Mrs. J. E. Marsh, Mrs.
Daniel DeLong and Frank E. De-
Long, all of Philadelphia, will arrive to
morrow for a ten days visit at the Blue
Spring farm, near Washingtonville.
The Rev. Adolpli Meyers was in
Bloomsburg yesterday afternoon.
The Rev. J. A. Huber returned from
master yesterday.
and Mrs Frank Heim, Mrs. Will
iai. *h and Mrs. Edward Sainsbury
attended the funeral of Clifford Hoy in
Northumberland yesterday.
Miss Sallie Byerly is visiting relatives
in Sbamokin.
Mrs. C. P. Harder and daughter Miss
Blanche visited friends in Bloomsburg
yesterday.
Miss Millie Harder left yesterday for
Muskegon, Mich., after a visit at the
home of her uncle, Deputy Pest-master
C. P. Harder.
D. J. Rogers was in Suubury yester
day.
Thomas Elmes, of Roaring Creek, at
tended court in this city yesterday.
Thomas F. Wells, of Scranton, is a
guest of his sister, Mrs. W. I. Steans, on
East Mahoning street.
Miss Blanche Halstead and M. L. •
Halstead, Scranton, were the guests of i
Miss Agnes Pursel on Mowery street
yesterday.
J. R. McHenrv of Benton transacted
business in Danville yesterday.
Fred Davis returned to Norristowu
yesterday after a visit with his parents
Mr. and Mrs. James B. Davis ou East
Market street.
Charles Madara of Bloomsburg spent
yesterday in Danville.
Thomas Woods transacted business in
Bloomsburg yesterday.
J. F. McCloughan returned yesterday
from a trip to Elwin, near Philadelphia.
U. Y. James transacted business in
Sunbury yesterday.
Elias Lyon was in Sunbury yesterday.
Miss Anna Newberry left yesterday I
for Philadelphia.
Charles Hersbey spent yesterday in
Sunbury.
Frank Kline returned to Rohrsburg
yesterday after a visit at the home of
Mrs. P. B. Keeler, East Market street.
Mr. and Mrs. M. B. Ikeler, Prof. Otto
Ikeler and W. H. Ikeler, of Dnßois.who
have been guests at the home of Livery
man Raymond Ikeler on East Market
street, left yesterday for a visit with rel
atives in Rohrsburg.
Miss Helen Deen spent last evening in
Wilkesbarre.
Mrs. J. R. Rote returned last evening
from a visit in Philadelphia.
Miss Ella Heckman returned to
Chambersburg yesterday after a visit at
the home of J. B. McCoy on West Mar
ket street.
The Rev. J. W. Bell and wife, of
Strawberry Ridge called on Danville
friends yesterday.
John Robbins, of Washingtonville,
was in Danville yesterday.
Henry Billmeyer, of Pottsgrove, drove
to Danville yesterday.
Funeral of Mrs. George Zehnder.
Mr. and Mrs. Jesse L. Beaver, Mon
day attended the funeral of Mrs. George
Zehndei, which was held from her home
in Berwick. Mrs. Zehnder died on Satur
day morning, aged forty-three years. In
terment was at Berwick. She was the
daughter of the late Egbert Thompson,
and was born and spent her early life in
Danville, where she had many friends.
She was a sister of Mrs. Beaver and of
Mrs. William T. Zell, of Coatesville. She
is survived by her husband and three
daughters, Mildred, Bernice and Hazel.
Death of Mrs. Isaac Hoffman.
Mrs. Isaac Hoffman died Tuesday
morning at 1:15 o'clock at her home in
South Danville,. She was seventy-two
years old. She is survived by her hus
band and two daughters, Mrs. Oscar
Shultz of Danville and Mrs. James Carr
of Kipp's Run. The funeral will be held
lrom the house on Thursday afternoon
at two o'clock. Interment will be in
Mt. Vernon cemetery.
PETITION TO
LEGISLATURE
Asking That the Oanal Shall not be Aban
doned.
A petition, containing the names of
51 Danville residents, was yesterday
be forwarded to Liverpool, Perry county
to be sent from there to the State Legis
lature, urging the authorities not to pass
any bill for the abandonment of the
Pennsylvania canal, and also urging the
passage of another measure to compel
the Pennsylvania Canal and Railroad
companies not to discriminate against
boat traffic in favor of the railroad.
Such petitions were recently sent out
from Liverpool to points all along the
line of the canal. They have been sign
ed by hundreds of people who are op
posed to the closing of the old waterway
The petition has been circulated in this
city by a well known canal boatman.
This petition is being circulated because
canal men fear that a bill will be intro
duced into the Legislature in the interest
of the canal company, declaring the can
al closed. It is claimed, that inasmuch
as the canal was constructed as a public
waterway, it cannot be closed without
such legislation.
The petition sets forth that the Penn
sylvania Canal and Railroad companies
have for years been discriminating
against boatmen,in order that the canal
may not pay, so that it can be abandon
ed. It is further claimed that without
such discrimination,the canal would still
pay. Tbe Legislature is accordingly
asked to pass a bill compelling the com
panies not to make this discrimination.
As far as the boatmen are aware, no
bill has been introduced for the aban
donment ot the cinal, but they fear that
such a bill will come at this session. One
reason for this belief, is that it is under
stood that just belore navigation closed
two months ago, all section foremen and
lock-keepers in the employ of the canal
company were notified that as soon as
navigation closed for this winter, it
would be to their interest to seek some
other permanent employment.
One boatman in this city said yester
day that it is the general belief among
boatmen that water will be turned into
the canal in the spring, but that it will
be largely a matter of form to comply
with the charter, and that practically no
boating will be done next season.'
Recommended Slight Improvements to
County Buildings and Property.
During Thursday afternoon's session
of court, the members of tbe Grand Jury
presented their report and were discharg
ed by the court.
The report stated that the Jury had
found fourteen true bills in criminal
cases, and that the members of tbe Jury
have examined all of the county build
ings and property, on account of which
they made the following recommenda
tions: A new coat of paint tor the court
house roof; paint and paper for the
Grand J ury room ot tbe courthouse;
transoms, with opaque glass, over the
office doors leading into the lower hall
of the courthouse, iu order that the hall
may be better lighted; an additional
telephone for the courthouse, to be
placed in the Prothonotary'soffice;slight
repairs to the doors and walls of the jail
Annual Banquet.
The annual installation and banquet
of Lotus Conclave, No. 127, Order of
Heptasopbs.was held Thursday eve. The
officers were installed iu the lodge rooms
by District Deputy Supreme Archon A.
M. Peters. At nine o'clock the lodge
adjourned to the Armory, where two
long tables were tastefully arranged by
Caterer W. Fred Jacobs.
About eighty members of the lodge
and guests enjoyed the banquet which
included all manuer of good things from
roast turkey to cigars, with escaloped
oysters, celery, potatoes, fruit, cake and
ice cream as incidentals along the line of
uarch.
The officers installed were:
Past archon, Gilbert Voris; archon,
lohu Kilgus; prelate,C. W. Zaner; secre
tary, C. G. Cloud; financier, W. L. Mc-
Clure;treasurer,A. M. Gearhart; inspect
or, George W. Steinmiller; warden, John
Henrie; sentinel,J. E. Richard; trustees,
George Maiers, J. M. Irlaud, and W. O.
Green.
11. A. Kissinger, Jr., J. C. Kennedy,
W. H. Bucher, J. J. Kelly and Oscar
Foust, of the West Branch Conclave, of
Milton, were present.
Salesmen are Busy.
The business at the Montour house
last week was close to a record breaker,
and with the exception of Judge Little
and Court Stenographer Vanderslice,
who took their dinners at the house,
none of it was due to the session of
court. It was almost entirely due to
the large number of traveling men, who
have started out after the inventory
period. Over 200 arrivals were recorded
on the hotel register. Another encour
aging feature was that most of the com
mercial salesmen report busiuess as be
ing very good. Several nights it was
necessary to turn people away from the
house because every room was occupied.
Mr. Price Was Burned.
Postmaster Thomas J. Price was burn
ed about the face on Saturday evening
by the explosion of hot metal at the
Structural Tubing works. Repairs were
being made to an engine, and Mr. l'rice
stood near as some hot Babbitt metal
was poured in. A slight dampness,
which had not been noticed, caused au
explosion. Although the injury was
painful, it was not serious.
ir is mur
INSLAOGHTEH
Witt of Jury in Cast of Bopl IMB,
Metal of Kill! Sipirtnt
Martin L Fist
AGREEMENT BED OH IE SIXTH BALLOT.
At First the Jni] Stood Tim for First anil Fine
for Send Dtp Murder, and Fife
for AcpittaL
| "We find the prisoner, Boyd Winter- i:
i: steen, guilty of voluntary manslaught- j;
:;er." i:
i: The above was the verdict in the case i:
:: of Boyd Wintersteen, handed in by the ;•
•; jury at 9:45 o'clock last evening, after •>
:: having been out just six hours. i:
Throughout last evening the one question, asked on all
sides, was : "What, will the verdict be ?" The bell had
not ceased te ring,announcing that a verdict had been reach
ed, until people, running from every direction,were rushing
into the court room; and before court was called the room
was crowded. Standing room was the only thing thought
of, all that could, standing on seats or the backs of seats.
When Wintersteen was brought into court he looked anx
ious, casting nervous glances on all sides, and pulling at
his mustache, according to his custom.
As Judge Little directed Prothonotary Miller to "take the
verdict of the jury." a hush fell throughout the room, and
only anxious breathing was to be heard, while the verdict
was being entered by the court.
As soon as the verdict was announced, Attorney E. S.
Gearhart turned and shook hands with and congratulated
his client. Several of his friends came up and shook hands
with Wintersteen. Tears came to his eyes, and he sat until
led back to jail like one dazed.
Mr. Gearhart made a motion for a stay of judgment,pend
ing the filing of reasons for a new trial.
The penalty for the crime of which Wintersteen stands
convicted is solitary and separate confinement at hard labor
for not to exceed twelve years, and a fine of not to exceed
SI,OOO.
Court was adjourned until Friday morning. After the
adjournment, it was learned that the jury took six ballots
during the six hours that they were out. On the first bal
lot, the vote stood, two for murder in the first degree, five
for murder in the second degree,and five for acquittal. Dur
ing the next five ballots different changes were made as the
jury gradually worked together for a compromise on vol
untary manslaughter.
THE STJIMMiIiISrQ TTF.
TUESDAY'S PROCEEDINGS.
The public, which supposed that the
Wiutersfeen murder trial had been ad
journed until Tuesday afternoon or
Wednesday rnoi. Ing, was surprise at
9:30 o'clock, Tuesday morning when
tlie ringing of the courthouse hell
announced that the court was ready for
the summing up of the attorneys.
The audience for the morning ses
sion was the smallest since the trial be
gau, there being many vacant seats iu
the court room.
Soon after court convened Hon. H.
M. Hinckley began his speech for the
defense, talking for a little over an
hour. He was followed by E. S. (lear
harf, Esq., who had not completed his
plea at noon. Both of them made
strong pleas; urging particularly
that the evidence introduced had fail
ed to warant a verdict of murder in the
first degree, ami that the verdict
should be for manslaughter, unless the
evidence to show self defense had been
strong enough to warrant acquittal.
Judge llinkley claimed that the
Commonwealth had failed entirely to
make out a case of deliberate murder,
and that the claims made at the begin
ning of the trial, that threats were
made against the life of Mr. Fisher
had not l>e€u substantiated by the
testimony, He said that the statements
of Wintersteen that there would "be
the biggest time on J. R. Bennett's farm
ESTABLISHED IN 1855.
that there ever was", simply meant the
time that would be caused by revela
tions of irregularities on the part of
Fisher andStrouse, when Mrs. Bennett
should learu of them. The threats to
•'get even with them", Judge Hinckley
claimed, refered to the same intention
to tell Mrs. Bennett about what was
going on.
Judge Hinckley further claimed
that there was a plot on the part of the
other employes of the Bennett farms to
secure Wiutersteen's discharge,because
they were jealous of the tact that he
was more industrious and faithful than
they.
The defense has no intent,said Judge
Hinckley, to excuse the crime on the
grounds of drunkenness, but evidence
in regard to that was introduced simply
to show the mental condition of the man
after his prolonged debauch. He
claimed that Wintersteeu bought the
revolver simply to defend himself from
Strouse, who had already attempted to
commit a violent assault on the defend
ant, and not with any thought of com
mitting murder. This fact, he said,
was corroborated by the employes at
the farm, who testified for the prosecu
tion, that when they Haw Wintersteeu
come to Stronse's house, they left the
field and started for the house, localise
they exacted that there would be trou
ble.
Judge Hinckley claimed that the
conditions of both Wiutersteen's heart
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and mind, precluded any idea of de
liberate murder. "If he intended to
kill Fisher," inquired Judge Hinckley
"why did he go about it so publicly,
when he could have done it quietly,
without fear of being seen by any one?
He also could have got away, instead
of giving himself up, as he did. It
seems to me that your only difficulty
will be to determine between a verdict
of manslaughter and acquittal. It is
a question, whether the shooting was
justified, or whether Wintersteen used
more force than was right in trying, as
he supposed, to defend his life."
Mr. Gear hart, in referring to the
threats that it has been claimed Win
tersteeu made, said that the statement
that "there would be the biggest time
that there ever was on John R. Ben
nett's farm," might mean many things
concerning that place, which is used to
"big times," butthatthe statement bore
no signs of vindictiveness.
In regard to the purchase of the re
volver, he said, that Wintersteen simp
ly bought the revolver to protect him
self, for if he had wanted to murder
Martin Fisher, he could have done it
on the street some dark night with a
billy or black jack, without leaving
any convicting evidence of the crime.
"Or, if he wanted to murder Mr.
Fisher," continued Mr. Gearhart,"why
didn't he stay in the woods to wait for
him, instead of meeting the Superin
tendent in the open."
The attorney claimed that all facts
proved the truthfulness of Winter
steeu's statements in regard to the shoot
iug, to which there is no other living
witness. He said that if Mr. Fisher
had not made the move toward hisj hip
pocket,which Wintersteen claimed (that
he did, the bullet would have taken a
different course through the body than
it did. He also pointed out thati had
Mr. Fisher continued to sit with his
left hand on the carriage bow, as he
did when the defendant first stopped
him, the bullet must necessarily have
gone through the large sleeve of the
linen duster that Mr. Fisher wore, but
the fact that there was no such mark
on the duster, proved that Mr. Fisher
must have moved his arm in the man
ner that the defendant claims he did.
Mr. Gearhart said that he did not
for a minute mean to claim that Win
tersteen was insane, but that his de
bauch had left him so mentally unbal
anced that he was unaccountable for his
acts. In regard to the statements that
Mr. Fisher was unarmed and that
Wintersteen need not have feared a
movement toward the hip pocket, Mr.
Gearhart said that while the wouilded
man wa9 driving up the road, after he
was shot, he might have thrown awav
a whole United States arsenal, had he
had it about him, and no search has
ever l>een made tor any revolver that
he might have thrown away at 'that
time.
The two claims made by thedefense,
said Mr. Gearhart in conclusion, are
that the defendant was mentally in
capable of having committed a deliber
ate murder, and secondly that the
shooting that did occur, was simply
done, as he supposed, in self defense.
At 1:30 o'clock when court convened
only Associate Judge Thompson was
on the bench. He announced that
Presiding Judge Little was too ill to
attend court, and an adjournment was
accordingly taken until 9:30 o'clock
this morning.
One of the largest audiences that
has been present during the trial had
crowded into every inch of available
space in the court room to listen to the
concluding speeches, the charge of the
Judge, and witness the concluding in
cidents of the trial.
Judge Little has not felt well
throughout the entire term, but his ill
ness took a more serious turn Tuesday
noon. He is suffering from a form of
the grip. I)r. Thompson, who attend
ed him at the Montour House, said
that he thinks the Judge will be able
to preside when court convenes this
morning.
WEDNESDAY'S PROCEEDINGS.
The court room was crowded when
couit convened at 1:30 o'clock M ed
nesday afternoon. Judge Little, with
associates Thompson and Blee were on
the bench. Judge Little looked better
than he has tor most of the time since
the l>eginning of this session ot the
court.
Edward Sayre CJearhart, who had
not completed his plea when court ad
journed at noon on Tuesday,coutinued
his speech, talking until two o'clock.
A murmur ran through the courtroom
as Mr. Scarlet arose to make the con
cluding argument in the case. On the
table at his side were the revolver with
which the shooting was done and the
box containing the clothes worn by
Mr. Fisher when he was shot.
(Coutinued on Fourth Page.)