ittontmtf i|£|i 3Mnperi£ait VOL. 53—NO. 21 DR. IRVING H. JENNINGS. Office flours A. it.to 12 M 10J, Mill Hi:. IV. M.to i I'. M. Danville. /'«. HHULTZ, H. 425 MII.I. ST., DANVILLE, PA. Diseases of the Stomach and Intestines .; specialty ITEMS CONDENSED. Idleness is usually the foreruuuer of vice or crime. Personal controversy proves credit able to neither party. Kace prejudice is a survival of anci ent heathenism. Eloquence is still a potent force in the land. The man who can beep a secret is not too numerous. The French cabiuet, in response to the appeals of vine growers, will in troduce a bill prohibiting fraudulout and adulterated wines. Fresh air is nature's best and most poteut medicine. The Irish people, through their rep resentatives, have declared that they want a whole loaf of bread or none. The Greek chamber of deputies has voted to appropriate 10,000,000 francs as relief fund for Hulgariau refugees arriving in France. The drought that has prevailed throughout Nebraska and Southern Dakota for many weeks has been brok en and the farmers are corresponding ly happy. Harry S. Ebert, a York capitalist, has broken ground for thirty small residences to cost $2,000 each and five SIO,OOO residences. Mr. llenry James has written much that his countrymen will be able to understand'and appreciate, but not in recent years. The project to adopt the old age pen sion as a government policy in this country has ardent advocates and bit ter foes. The unprincipled correspondent of the big dailies is often a menace to the peace of the community in which he lives. To many outside diversions are not good for school children. With the railroads fighting the two cent rate there is going to be some interesting work for the courts. Pennsylvania is expecting to "make it hot for public robbers. Good roads are efficient auxiliaries of modern civilization. Bitterness of spirit frequently makes a sad aud sorrowful countenance. The reviler of his brethern is usual ly a victim of iuborn weakness. Tlie soldier aud the sailor still chal lenge the world's admiration. (iirls aud men are still kept care fully apart in Argentina, and a" man toes not introduce even this'most in timate friend to his sisters. Marriages of girls of 12 to 14 to boysjof"l»> or 18 are common. it is the wicked Chicago News which directly hints that leading actresses are now substituting boy husbands for pug dogs. Thugs aud ruffians in Warsaw,charge only sls to assassinate a man. Cut throat price, eh? New York City has acquired the re putation of having the most discour teous railway employes of all the cities in the world. French Government sells near ly '57,000,000 worth of matches yearly, leaving a profit of over $5,000,000. Some men live a generation too long and are forgotten. Some men covet notoriety as a cheap substitute for fame. Chicago has a veterau citizen in the person of Fernando Jones. 88 years old, who says the season has been ihe worst in seventy-two >ears. The chap who takes delight in snub bing others will come into his own some unexpected moment. The hand of death brings the wreath of immortality to him who fills jn de ense of his country. Iron workers in the north of Eng land have received a total increase in wages of ten per cent, in the last four teen months. President Roosevelt is going to speak at Indinnai>olis on Memorial I 'ay, which will make the observance there of national import. A Short summer is practically as surred, as about six weeks of the open season have already been cut off. Seven thousand bakers in Vienna, Austria, struck suddenly last month, completely cutting off the suppiy of bread. The manufacturer of pure goods will uever get into trouble. IE HILL OF MIS Some fifty members of Goodrich Post, No. 23, G. A. R., accompanied by about half that number of Sons of Veterans, inarched in a body to Mah oning Presbyterian church Sunday the.v listened to a memorial set - i mon preached by the pastor, the Rev. J. E. Hutchison. Notwithstanding the iueleajent weather there was a large congregation present. The sermon was an able and patriotic 1 effort, founded on Romans, 13 —7 : "Render, therefore, tJ all their dues; tribute to whom tribute is due; cus tom to whom custom is due; fenr to whom fear: houor to whom honor." Following is a synopsis of the sermon : The grandest monuments%n> history are its memorial days and the grandest events aud tneu of history are com memorated by these days. T.lie grand est memorial of all history is the weekly memorial, the Lord's day. Jt commemorates the God mau aud His resurrection from the dead. The 30th of May is au annual Me morial day. It commemorates the Oivil war. the death of many brave men aud tlie courage of the remnant that yet remains. The Lord's day weekly commemorates Him who saved the world for eternity. Memorial day annually commemorates those who saved one couutry for time. Memorial day is not a day set apart to be celebrated by the Grand Army of the Republic, but it is set apart for all. Were it not for the causes that led up to Memorial day our country would be divided into several smaller governments with no unit of interests. There is indeed a divineness of in spiration which in IBt>B led General .John A. Logan to issue the order for Memorial day, for if there eve* was a nation guided and controlled by the infinitely wise God, that nation is ours. At oiie time it seemed almost certain that this country would be come the appendage of France, which would have meant the sway of the de spot aud the Jesuit, the predominance oi Loyalo and Richalieu. At another time it seemed as if the new world would belong to Spain, which would have meant the bloody policies of the Alvas, the Philips and t.lio Weylers But in both cases Providence interven ed. Iu more recent years God used this great nation to scourge Godless Spaniards. It is therefore befittiug that on this annual Decoration day, with flowers, with song and with lov ing words we should goto the city of the dead aud pay our respects to the heroes of our wars aud to keep aglow the fires of patriotism. To save the government when it was financially embarrassed the people of Prussia in 1813 poured their gold and ornaments into their emperor's lap and took iron in exchange. This was noble —patriotic; But the heroes whom we commemorate gave iu the hour of their nation's peril their blood and their lives. Our sacred dead, together with the old veterans still with us. not only saved the union aud saved the flag with every star uudimmed, but they saved a benighted race from the cnr.se of slavery. Strongly was the institu tion of slavery intrenched in the Southern States. The people of tlie south believed that slavery was right; they believed it so strongly that they were willing to die for their belief, r And their conviction gave them cour age. Braver men never faced a foe than many of them who faced and fell before our heroes in that bloody strug gle. What you and those who lie beneath the green sward suft'ered no mortal can tell. The weary march, the cruel battle, the field hospital, the awful prison pen and most pathetic of all the dying far from friends and home. ' Is not this day above all days one that ; should inspire our hearts and our lives with patriotism. God grant that not one of you. old soldiers, go down from this place to i honor mortal man and at the same time refuse to honor the best of men, the God man; but may yon decide iiere and now to render tribute to whom tribute is due and may the peace of God, which passeth all under standing, keep your hearts and minds through Christ Jesus. Critically - |7T Mrs. W. T. Sheppersou who for the past yen- has been suffering from a complication of diseases is lying very criticallv ill, at her home in River side. There was trouble in Allentown be ; tween the trolley company and the em ployes of the same. The men had de manded the reinstatement of two em ployes who had hefti discharged foi alleged violation of the rules and at a i contejence of the company officials the I action taken was upheld. Now there | is to be arbitration and pending the result of this the men will goto work. 1 There is no excuse for deliberate | cruelty to the helpless. DANVILLE, PA., THURSDAY. MAY AO, 1907 i MIT KIM The primary election, under the uniform primary law, which 11 be held next Saturday, will inaugurate a scries of departures, not the least of which will be that the time-houored ami serviceable county convention fol lowing the primary will be omitted and the county commissioners will de clare the results. In the past the coun ty conventions, especially of the party in the ascendency, were generally crowded with incidents. Under the old order if there was any factional opposition or any personal antagonism in the campaign it was sure to crop out in'the convention and as a result the proceedings were often more stormy than edifying. The change brought about by the uniform primary law is probably not much to be regret fed. The county convention will be remembered more for what it was than for the good it accomplished The election under the uniform pri!narv law requires fore »ch voting place a now ballot box to b« kept separate from the one in use at the gener&l election. The new ballot boxes —fourteen iu'number—arrived at the courthouse Saturday ami during the next few days, these, along with the ballots and election supplies, will be delivered ro the judges of election of their respective districts. The election will take place on Sat urday betweeu the hours of 2 and 8 o'clock p, m. At the closing of the polls at the primary election the offic ers will first count the number of bal lots cast for each party, making a rec ord thereof: they will then count the vote cast for the different persons named upon said party ballot. After certifying to the number of votes cast the officers will replace the ballots counted and canvassed in the boxes and lock the same, after which they will place the returns of votes and the register of voters for each party iu separate envelopes and seal tne same. These envelopes on or before noon on Tuesday following must be deposited by the judge of election in person or bv registered mail with the county commissioners, who shall on the suc ceeding day at uoou publicly t'ouimenee the computation and canvassing of the returns aud coutinne the same from day today until completed. The suc cessful candidate will receive a certifi cate from the county commissioners. The qualifications of electors entitl ed to vote at a primary is the same as the qualification of electors entitled to vote at elections within the election district where the primary is held. Flss & Mart man on the Ground. The stone crushing outfit belonging to Kiss Hartman.o£ Shauiokin, con sisting of a heavy stone crusher,steam roller and elevators, arrived at this city Tuesday and was unloaded from the cars. Fiss & Hartman in li>0;"> re constructed the section of road be tween the Mahoning township liue and Wise's hotel under the Sproul good roads act The work was not approv ed by the State highway department aud the contracting firm has reappear ed on the ground to complete the job satisfactorily to all parties. An inspector representing the State highway department was on the ground yesterday aud carefully ex amined the roadway as reconstructed. The section of highway in question formed the subject of much discussion at the annual convention of county supervisors held in this, city last w in ter. It was alleged that the roadbed fails to come up to specifications, which call for nine inches of maca dam. Just where the roadbed falls short will be determined by the inspector, who at the interval of every fiftv feet will dig down to the natural bottom. Fiss & Hartman expect to be busy here for at least two weeks. Undecided About Fisher. After a close scrutiny of the case of Henry Fisher, who was sent to the hospital for the insane at this place by the Northumberland county court re cently, the medical staff at the Hos pital are divided in opinion as to whether or not Fisher is insane. It will be remembered that Fisher's trial for murder was interrupted on account of the man's wild ravings in the court room. Judge Savidge then decided to send him to the local hos pital until the <jnestion of his sanity could be determined. Now Judge Savidge is in receipt of a letter from Dr. H. B. Meredith which states that Fisher's sanity is still in doubt At, the hospital Fisher stoutly avers tiiat he is insaue. while most lunatics stoutly deny that there is anything wrong with them. He has improved considerably in personal ap pearance, aud would not be so likely to impress tlio jury that he is insaue as he did a mouth ago. At any rate their is a lingering hope that June will at least be season able. The people are surely sick of the other kind. MEEK I |- IT Mil! MONDAY'S PROCEEDINGS, j Court convened at 10 o'clock Mou ! day morning with his Honor Judge 1 Evans aud Associates Rlee aud Well iver on the bench. Not a moment's time was lost and in a short time the proceedings were iu full swing for the purpose ot getting the usual routine work out. of the way so that the case of Commonwealth vs. Peter Dietrich might be taken up. ABSENTEES FINED. One of the incidents of the first hour that, created a mild sensation occurred when tlie long list of jurors was call ed off ami half a dozen named thereon failed to respond; Judge Evans in or der to show at. i lie beginning that the court would tolerate no trifling, promptly imposed a fine of twenty-five dollars ou each one of the absentees. The unfortunate half dozen who fail ed to respond were: Silas Wolvertou, John Sweisfort, James Dennett, Ed ward W. Peters. F. A. Magi 11 anil Charles Boonf. Charles Diehl.auother absentee was reported ill. William Welliver and P. B. M-.us, whose names were drawn, could not be lo cated in the county. BAD ROADS. Philip Boyer, constable of Cooper township, reported index boaids down while Charles Hollabaugh. constable of Derry township, reported the road leading from Washingtonvilie to De- Long's bridge as in a very bad condi tion. In each of the above cases the court instructed the district attorney to take up the matter with the super visors of the respective districts, in dex boards are required by law, at all cross roads. With respect to the sec tiou of road complained of in Derry township. Judge Evans said lie had been informed that it has been in a bad condition for eight years past. If an accident were to occur there, he said, Derry township might be mulct ed in heavy damages. THE GRAND JURY. The grand jury was called and sworn. John E. Roberts was appoint ed foreman. John Gibbons, a grand juror, was excused by reason of his wifa's illness. Philip Bover was chosen as tipstaff to wait upon flic grand jury aud Charles Hollabaugh, tipstaff to wait upon the court. THE DIETRICH CASE. At 11 o'clock the district attorney announced that he was ready to attach the case of Common wealth vs. Peter Dietrich, whereupon Judge Evans or dered the sheriff to bring the defend ant into court. A few minutes later Peter Dietrich, iu the hands of the sheriff, entered the court room and took his place at the table where oil the previous trials he nat listening to the sworn evidence and facing the twelve men who were to decide his fate. Barring the few weeks that he was out ou hail Dietrich has spent much over a year in jail and lie shows the effect of his long confinement. He is pale and apparently wore nervous in manner than during the previous trial. • As on the former trial Hon. H. M. Hinckley is associated with the Com monwealth. Hon Fred Ikeler, of counsel for defense during the pre vious trial, did not putin an appear ance yesterday forenoon and rumors were started to the effect that lie had withdrawn from the case. He arrived during the afternoon, however, and resumed his place as attorney for the defense. At the very outset of the trial yes terday it was made plain that the Commonwealth will not press for a conviction of murder in the first de gree. The defendant, through his attorney, William Kase West, putin a plea of former jeopardy. This was demurred to by the Common wealth, which informed the court that under the circumstances it would not press for a conviction of murder in the first degree. The court sustained the de murrer and the case went on. EXAMINATION Or JURORS. At 11 ;30 o'clock the examination of jurors began. Between that hour and 12 :15 o'clock, when court adjourned, two jurors, A. C. Angle, of Danville and H. A. Tanner, of Valleyjtownship, were accepted. C. D. Levan, Lime stone township; H. A. Snyder, Derry township; Frank H. Russell, Carl Lit/, and Frank Henrie. of Danville; David Kruiu, of Mahoning township and W. ,J. Clarke, of Liberty town ship. were called and all challenged for cause with the exception of (1 D. Levan and W. .1. Claike, who were challenged peremptorily. AFTERNOON SESSION. Judge Evaus handed down an opin ion in the case of Limestone township vs. West Hemlock township, in which he was asked to amend the decree of Judge Staples. The matter at issue re lates to the support of Eva Soes.whose settlement was in West Hemlock town ship, but who had become a charge on Limestone township. The opinion states that there is no doubt but that the decree made by Jndge Staples was erroneous, and that West Hemlock township should have been decreed nnder the facts to pay expenses aud charges of maintenanc CONDUCTED HEARING. Former State Senator S. J. McCar rail,United States district attorney for the middle district of Pennsylvania, appeared at court during the forenoon, and conducted a hearing held in con nection with the application of I. Stein for naturalization papers. JURORS SELECTED. By 3:30 o'clock last, evening the jury box was filled,although the speci al panel of 175 names was little less than one half exhausted. Much better progress was made in obtaining a jury than was anticipated. The twelve men selected are as follows: W. H. Welliv er, of Valley township; Edward Evst er. of Derry township; Austin H. Klase, Joseph H. Patton, Jacob Aten. A. C. Angle and Curtis Cook, of Dan ville, H. A. Tanner, of Valley .town ship: Thomas Gething, of West Hem lock : James S. Watts of Limestone; J. F. Acor, of Liberty township: and William Quigg.of Mahoning township. JURORS REJECTED The following jurors were examined during the afternoon and rejected, the most of them being challenged for cause : John Bennetts. Wesley Perry, Albert Amtuerman, Charles E. Shires, John G. Vastiue, Wellington Swank, .Tacob DeGreen, John Eisenhart, Jacob Diehl, Wallace Robinson, J. E. Steck er. Daniel L, Wagner.Harry Redding, Matthew Sheep. Gilbert Fenstermach. er, Charles A. Shultz, David Jones, Oliver Kauffman, A. L. Delcamp, George Maiers. J. H. Leidy, William E. Patterson. James Henderson, O. F. Young, Alfred Mellin, Peter Billmey er. Peter S. Crossley, Koscoe Ellis. George Reifsnyder, .Tosepli Churm, H. P. Cotner, Charles F. Ploch, James K. Ellis, William B. Hauser, Lewis Kessler, Charles Arter, Harry Bal liett,Frank G. School), Stephen Craig, William K. Lunger, J. Wiufieki Irvin, John Schuster. William Toohey.C. H. Styer, Harry Siedel, C. I'. Billmeyer, .lames <V Keefer,Allen Watson, David Foust, J. H. Hutchinson, Thomas 11. Johns. William Moore, A. L. Brandt, Joseph Albert, Harvey Shultz and F. P. Johnson. TUESDAY'S PROCEEDINGS. The case of Commonwealth v». Pet er Dietrich,is_well under way. The circumstances of the shooting, with which the reading public of this sec tiou is thoroughly familiar, were var ied in their dull recital yesterday by a successful attempt- by the Common wealth to introduce 112 new evidence to impeach the credibility of one ot its own witnesses. The Commonwealth put up a hard tight to accomplish its ends, and at every point encountered vigorous opposition from the defense. The jury in the case, chosen Mon day, was sworn for the tirst, thing yes terday morning. It was only a few minutes after !) o'clock when District Attorney Gearhart presented the case to the jury, reciting the leading facts as the Commonwealth would attempt to prove them. The district attorney informed the jury that the Common wealth nut press for a verdict of murder in the tirst degree,but would ask for conviction in the second de cree. The first witness sworn was Mrs. Jouos, widow of .Tames A. Jones, the victim of the shooting. Site last saw her oil Tuesday even ing, February 13, 190»>," when; he left their home on Front street. She next saw him after the shooting, lying on a bench in Peter Dietrich's saloon. It was then between 1 and 5 o'clock on Wednesday morning aud he was dead. John Woll, Jones' companion on the night of the shooting, was the next witness. While his testimony was be ing giveu several tilts occurred be tween Mr. Hinckley and Mr. Ikeier relative to the line of questioning. Mr. Hinckley by referring to the evi dence of the previous trial endeavored to show that there was a discrepancy in the testimony of witness. Woll had reached the point where Dietrich was making a demonstration with ihe pistol and Jones remarked, "Oh, yon conldn't hit anything—you oouldn't hit a barn door," at which point by an explanation he endeavor ed to show that all this occurred at a later hour, after Dietrioh had gone in to the Bmall room adjoining and re turned presumably with the pistol. This, Mr. Hinckley held, was in con tradiction of the testimony offered by Woll at the first trial, which revealed that the defendant had gone into the adjoining room aud returned with the pistol after Jones had made the taunt ing remark that lie "couldn't hit a barn door." Mr. Ikeier objected on the ground i that the Commonwealth was asking ' leading questions and was cross-exam ining and impeaching its own wit nesses. Mr. Hinckley was prepared to defend his position, when it was deemed best to ask the iury to retire. The twelve men were accordingly ' on- ! ducted to the jury room while the at- ! torneys entered into a spirited »rgu- j ment. Mr. Hinckley took the jiosition i that the Commonwealth had an im portant witness to deal with whose memory was either much at fault or who was aa adverse or hostile witness and he cited authorities to show that in older to prove adverse interest aud hostility on the part of the witness, the Commonwealth has the right to ask leading questions as well as to cross-examine its own witness*. Mr. Ikeler conteuded that no hostility hail as yet been established iu the case of the witness and that, therefore, tne right of asking leading questions and the cross-examining of its own witnesses by the Commonwealth did not apply in the present case. The Commonwealth, he said, proposed to prove later that the witness was hos tile, but it had not as yet? established such a fact. ' Mr. Hinckley explained that it would be shown during the trial that the witness since the last trial had made statements which conflicted with his former testimony. •Judge Evans announced that inas much as no hostility had as yet been proven he would at that point sustain the objection and would rule against the asking of leading questions by the Commonwealth and th? cross-ex amination of its own witnesses. The jury was brought back into the court room and the examination of the witness was resumed. Mr. Hinckley immediately pursued a line of ques tioning to sustain his charge of hos tility ou the part of the witness. The first question asked of Woll by Mr. Hinckley was : "How many shots were fired in Die trich's saloon on the night that ' "Corky" .Tones was killed?" The reply was: "One shot." Mr. Hinckley then asked the wit ness whether since the last trial, iu Sharp Dietz's saloon, in the presence of Sharp Dietz and David Jones, son : of Corky Jones, he, the witness,had not made the statement that "two" shots were fired ou night that Jones was killed. Woll replied : . 'To the best of my knowledge 1 never made such a remark—l never made such a remark." Roth in the direct and the cross-ex amination the witness was led over all the chain of incidents leading up to the shooting. The facts, which at both the first and second trials, were fully reported iu these columns, are by this rime very familiar to the read iug public. Andrew liogers. who along with Woll, was with Jones the night of the shooting, was the next witness. Rog ors \\us uiif'nijsciouslv very clraunitic and his recital especially as it related to the actual killing of .Tones was very impressive. It was he who discovered that "Corky" was dead after the pis tol went off which Dietrich had in his hand, "I wasn't looking at Pete".he said. "I was looking at .Tones. He was ly ing on the bench. "What's the matter with Corky?" I said ; "He's so quiet" Then the blood was discovered below the eye and it was found that .Tones was dead. Rogers' testimony like that of Woll, tended to convey the impression that Dietrich went into the adjoining room and secured the revolver before Jones made the taunting remark to the ef fect that, he could not hit a barn door &0., although, like Woll, he acknow ledged that during the whole evening Jones had been "kidding" Dietrich about his shooting. AFTERNOON SESSION. Immediately upon reconvening yes terday afternoon new testimony of a somewhat sensational nature was in troduced. The first witness called was Sharp M. Diet/., who testified that about six weeks ago John Woll called at his hotel on East Market street aud in conversation with David .Tones, sou of "Corky" Jones, made the assertion that two shots were fired in Dietrich's saloon on the night that Jones was killed. Quoting the exact words Mr. Dietz swore that John Woll said : "There were two shots fired. I faid it before and I will say it again. Now go down to the courthouse and prove it, if you can: they won't let you on the stand." On cross-examination Mr. Dietz stated that John Woll had a couple of from July 23, 1905, instead of from September, 1905. If the decree was not satisfactory to the plaintiff, the opin ion avers an exception should have been taken promptly and within the time allowed by the law instead of waiting thirteen months before com plaining. It is. therefore, too late to amend the decree and the rule is dis charged. short beers at his hotel but that lie could not sav that he was under the influence of liquor. David Joues.sou of James A. Jones, was next sworn. He was present at Dietz's hotel on the night when Woll is alleged to have stated that "two shots" were fired. The witness fixed the date as in the second week of Ap ril. He corroborated the testimony of Sharp M. Dietz as to the declaration of Woll that "two shots" were fired when Jones was killed, the witness adding that Woll laughed in his face when he told him togo down to the ESTABLISHED IN 1855 : courthouse and prove it if tie could— that they would not let him on the j stand. | Chief-of Police J. C. Mincemoyer, | Lewis Byerly.John Doster aud Dr. R. S- Patton were called in succession. Their testimony had to do with Die I trich's arrest,the revolver with which the fatal shot was fired. Dietrich's protestation of innocence and his high ly excited state. The chief-of-police ; explained that the revolver, which he took possession of after the shooting, coutained two empty shells, the three other chambers remaining loaded. There was also another revolver, empty, found in the bar room. DK. PAITLES' TESTIMONY. This brought the proceedings up to the point where Dr. Paules' startling testimony was repeated. Dr. Paules was called to the hotel after the shoot ing. He performed the autopsy on .Tones aud described the wound, which, he said, was of such a nature as to cause instant death. He saw the re volver and identified it as produced in caurt. On the night of the shooting the revolver, which Dietrich produc ed, contained three loads and two empty shells. Dr. Paules also saw the other revolver in the hotel, all the chambers of which were empty. Die trich declared over and over that lie was "no murderer," but that he iiad shot .Toues in "self-defense." Later the same night Dr. Panles vis ited Dietrich in the jail. He was ac companied by Dr. Patton, whom he introduced to Dietrich. The subject of shooting was brought up, when Dietrich asked Dr. Paules how it hap pened that lie shot .Tones. Almost in the same breath the defendant said: "Oh, yes, I know how—l hit him right under the left eye where I aim ed." Dr. Patton was recalled. In the jail, he said, he paid no attention to the conversation between Dr. Paules and Dietrich, as he was busy preparing to administer to the defendant. COMMONWEALTH RESTS At 2 :4o o'clock the Commonwealth rested. Hou. Fred Ikeler explained to the court that in the absence of any other witnesses than those who had appeared for the Commonwealth he was content to rest the defendant's case on the evidence produced by the Commonwealth. As there was not sufficient time yesterday for both sides to address the jury he asked that the proceedings of the trial be suspended until today, when both sides would have ample time to finish before the jury aud neither have any advantage over the other. The court acted ou the suggestion and the jury was excused. The case of Commonwealth vs. Alfred Kennedy was attached. ALFRED KENNEDY GOES TO JAIL Kennedy was charged with commit ting an assault aud battery ou his wife. He endeavored to excuse his conduct, but after the testimony of the wife was heard, Judge Evans call ed him before the court and sentenced him to undergo an imprisonment of sixty days in the county jail. The judge in passing sentence told Ken nedy that no one but a coward would strike a woman. He should be com mitted to a workhouse, he said, when he would be obliged to live 011 bread and water. Judge Evans remarked that he was very sorry that there is no work house here to meet the needs in such a case as the present. SUTTON PLEADS GUILTY. Charles Sutton, who is before court on two charges, pleaded guilty to breaking jail. The court withheld scutence until the other case in which he is defendant is disposed of. WEDNESDAY'S PROCEEDING iS. Tlio second trial of Peter Dietrich, charged with killing James A. Jones, resulted in a verdict in all respects like the first—that of murder in the second degree. The jury retired at 12:15 o'clock. Owing to the nature of the case the general impression was that consider able time might be occupied by the jury's deliberations. To the surprise of everyone, however, at 2:15 o'clock the jury returned with a verdict. Their early agreement,being unexpect ed, neither the defendant nor the at torneys in the case were in the court room and the jury was obliged to re main seated some twenty minutes be fore the verdict could be taken. When Peter Dietrich entered the court room with the sheriff he clearly revealed in his manner and appear ance the heavy strain and suspense that he was under. As soou as Mr. Hinckley entered.the verdict was tak en. Deep silence prevailed while Judge Evans scanned the paper aud re turned it to the prothonotary,who an nounced the verdict: "Gentlemen or the jury, hearken to your verdict as the court lias recorded it : You say that you find the defend ant. Peter Dietrich, guilty of murder in the second degree. " William Kase West of counsel f"r defense made a motion for arrest • 112 judgment and a new trial, be filed in four days. The conrt j. l . i ed the motion. (Contin lied on I'HK ,)
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