iilontour SJimeriftHt VOL. 54—NO. 39 DR. IRVING 11. JENNINGS, —Day i IST. — Office Hour* A. M.to l'l M 104 Mill Hi., IP. M.to AP. Danville, Pa. •ilil'L.T/., M. 425 Mill St., Danville, I'a. Diseases of the Stomach and Intestines Specialty ITEIIS CONDENSED. Shiremansrown, Cumberland coun y, which recently had a £49,000 tire is moving now to secure a good water supply and a chemical tire engine. J Daring his leisure moments R.| H. Johnson, a wheelwright of Reading, made a table inlaid with 8.212 pieces of wood. The Odd Fellows reunion at Selius grove, on Saturday, was attended by 5,000 Odd Fellows and their friends from Snyder, and adjoining counties. People of Homestead are happy, as today the Homestead Steel works will goon double time. All the [depart ments, except a few plate mills, will be in operation. Within a few rods of the old Drake oil well,near Titusville, where oil was originally discovered iu 1859, a well drilled a few days ago Kelir estate is now flowing nearly one hun dred barrels a day. September, 1874, the Susquehanna river at Duncannon was lower than it had been since 1803 and a stone was then marked and charted Thursday this stone showed the water to be ten inches lower than it was then. The Schweukfelder memorial day, observed annually for 174 years since the first Schweukfelder, immigrants arrived in Philadelphia, will be cele brated on Thursday at the Erausdale church, near Penusburg, Montgomery county. A jiovel feature iu connection with the formal opening of the new bridge at McKeesport will be a public mar riage of Herman Wanderie and Miss Elizabeth Grim of McKeesport by Mayor Coleman, ou the new bridge at 4 o'clock Thursday afternoon. D. S. Duprienes, while fleeing from the Pottsville police force because of a series of burglaries committed in that place, of which tie was accused, fell from a freight train in the Phila delphia & Reading tunnel,near Tama qua, on Saturday and was killed. Rev. Philip Pfatteicher, a widley known and prominent Lutheran min ister for forty-eight years pastor of Zion Lutheran church in Easton, died very suddenly on Friday night, the seventy-second anniversary of his birth and thirty-fifth anniversary of his marriage. A girl who gave her name as Mary Kelly came'to the home of Mrs. .John E. Marsden in West Philadelphia last Thursday and applied for a position as domestic. She was engaged and got to work at once. On Saturday she went out ostensibly to mail a letter. Time passed and the girl did not re turn and then it was discovered that she had looted the safe and carried away about #5,000 worth of jewelry. G. S. Roberts, of Norristown, serv ed strawberries ar his dinner on Sun day, the fruit having been plucked from his own garden The dog catcher of Norristown is also looking for stray goats which seem to be an annoyance. Farmers iu the northern part of Lawrence county are excited over the striking of oil and natural gas near Moravia. Representatives of a New York syndicate are buying up farms iu northern Berks county that have cem ent rock deposit. The price of farm land in Lancaster county is higher this year than it has been for fifteeu years. Farms of from fifty to one hundred acres with good buildings sell at from #175 to $225 per acre Miss Minna lluppert, a promiuent grammar school principal of Potts ville. aged 85 years, who was stricken with sickness several weeks ago when she said she would not live longer than September 20, and true to her predic tion she died on Sunday. John Worf, the veteran teacher of York county, has just begun his six tieth year iu the school room at Pros pect school, near Hanover. Although he is 7t'> years old he walks daily five miles to and from schools with the buoyancy of a young man. During a celebration at the home of John Ambrose, of Gilberton, Schuyl kill connty, on Saturday night at whioh there was dancing, the house toppled over and two adjoining houses went with it. Several persons were badly injnred and the affair created much consternation. The houses were resting on blocks in the process of be ing raised and the dancing had caused some of the blocks to drop out. in ■ WIS FALLEN Job, the big. shaggy bull elk that for years has been one of the wonder ! sights at the game preserve of Hon. Alexauder Billmeyer at Washington ! ville, was yesterday killed by Mr. Billmeyer. The cause of good order I and peace within the confines of the | Billmeyer preserve demanded the pass ing of Job, whose tendency toward trouble making was his most marked ; characteristic. Ever since lie was a yearling Job's j escapades have been the scandal of the I herd. He was ready for a fight at any time, and lacking another bull elk to fight, he would maltreat the cows of the herd and kill the calves. Eacli year he became worse, depart ing farther and farther from the vir tues that his name would lead one to suppose he should possess. Last year it was decided by Mr. Billmeyer that when Job's antlers had again matured, j he should be killed. Some weeks ago the velvet dropped ! from the big elk's antlers and yester \ day afternoon was selected for the ex ; ecution. About fifty people were pre sent, when Mr. Billmeyer fired the ! lirst shot at his ferocious pet. Mr. Billmeyer used a muzzle loading rifle which he charged heavily. TOOK THREE SHOTS. j Job received the first shot standing, i The bullet struck him in the head.but the remarkable toughness of his skull prevented its taking fatal effect. Aft er the shot he seemed slightly surpris ed, but did not move. Snittiug the air j and disteuding his nostrils he was gaz ! ing about when the second shot was fired. This time Job was knocked from his feet, but he struggled up upon his haunches, where lie remained for about ten minutes while an attempt was made to lasso him. Of a sudden the big elk seemed to gain a second strength,bounded to his feet and reared his huge antlers aloft, presenting his head as a line target for Mr. Billmeyer's third shot which at : that moment rang out, bringing the j noble beast to the ground, dead. ! All during the ordeal the bravery : exhibited by Job was most remark able. It would have been the instinct of almost any animal to make a dash for the shooter or try to get out of range of the gun. Not so with Job, however. It was probably twenty minutes from the first shot until he fell dead, but in that time, he did not move from the spot where he first stood, nor did he show the slightest trace of pain or fear. A BIG ELK. Job was nine years of age. The son of Jumbo Bill,the mighty king of Mr. Billmeyer's herd, he was but slightly smaller tliau his sire. 1152 pounds he weighed alive and when dressed he tipped the scales at 576 pounds. The j carcass will be but in cold storage for i several weeks prior to serving. The Indians considered elk meat one of | their greatest delicacies,and their con j stant pursuit of the animals or food'is | given as the reason for the fact that | they are now nearly extinct. , JUMBO BILL LAMENTS. I A remarkable incident in connection with the killing of Job was the be havior of Jumbo Bill during the ex ecution. While the two bulls had al ways been antagonistic to each other, still there had always existed a sort of an unexplainable companionship be tween the two rivals. When Jumbo, in his eucloeure, heard the first shot, and smelleii the blood, he tore at the barricade that separated him from the scene of the execution. So fearful were his ravings that it was necessary to warn the spectators back out of the way of possible danger should Jumbo succeed in liberating himself. All during the time that Job was in his death agony, Jumbo raged. When fin aly Job was dead, the big monarch of the herd dropped his massive crest and hung his head, and standin." perfectly still gazed reproachfully ; • e people who came to look at him. HEAD WILL BE MOUNTED. Charles Eldou, of Williamsport, an expert taxidermist, was present when Job was killed and at once removed thp head and skin. Mr. Billmeyer will have the head and antlers mounted, and of the legs a piece of furniture will be made. Rain Not Wanted. The drought has its amusing as well as its disagreeable features. In Allen town the management of the fair there j whioh is the biggest iu the eastern I part of the State, was properly indign ant when part of the population offer ed prayers for rain, when such a cal amity would ruin the business. Born, a Son. A son was born to Mr. and Mrs. Clyde Appleman, Valley township, Tuesday night. DANVILLE- ;PA., THURSDAY. SEPTEMBER 24, 1908 PROTEST UST EXCESSIVE STEED Important matters relating to tlie paving of East Market street occupied considerable time before council Fri day night. A communication was received from Charles P. Hancock relative to a no tice received from council requesting the Danville and Sunbnry Transit Co. to take up the rails on East Market street and replace them with the same style and weight of rail as is now be ing used on Mill street. Mr. Hancock said that he was fully aware that this change of rails, in case it was decid ed to pave East Market street, is part of the bond. Nevertheless,he felt con strained to ask that the rail now laKl on East Market street be permitted to remain when the street is paved. Both Bloomsburg and Shamokin have paved to this sized rail and it is generally re garded as perfectly practicable. Un der the circumstances Mr. Hancock did not feel that it would be just for the borough to compel his company to assume additional expense and replace the rail at present in use. On motion of Mr. Cleaver the fol lowing resolution was adopted: "Inasmuch as the Danville & Sun ubry Transit compauy desires to re tain the rails now in use on East Market street and have their portion paved with a special brick, we are satisfied for them to do this on condi tion that they give the contract to the borough,furnish a surety bond for the payment of the bill anu settle with the borough for any amount remain ing unpaid for the paving of Mill street, which Bhould have been paid by the Danville and Sunbury Street Railway company." On motion it was ordered that Mr. Hancock's communication be accepted and he be apprized of council's ac tion. On motion of Mr. Everhard it was ordered that S. R. Kreiger be notified to repair the pavement along his prop erty on West Mahoning street. FAST AUTO DRIVING. A communication was received from Borough Solicitor Gearhart relative to the high rate of speed at whioh certain automobiles are being operat ed almost daily within the municipal limits of the borough. The solicitor states that every day contributes its quota to the 1 iet of horrible automo bile accidents and he [sees no reason whythe 'borough should be immune fromthis growing menace to public safety, at the present time especial ly when hundreds of are thronging the streets. He urged that proper action be taken relative to the unlawful rate of speed. On motion of Mr. Angle the com munication was accepted and filed. The members seemed of the opinion that the officers could be relied upon to enforce the automobile law, which would insure ample protection to the public. NEW FIRE PLUGS. On motion of Mr. Russell it was ordered that a uew fire plug be instal led at the corner of Iron and Front streets. On motion of Mr. Finnigan it was ordered that the interior of the build ing of the Friendship Fire company be papered and painted by the bor ough. On motion of Mr. Russell it was ordered that the fire department be paid two quarterly appropriations now due. Mr. Russell, chairman of the fire committee, enumerated a lot of sup plies needed in the fire department, which on motion were ordered pur chased. On motion of Mr. Finnigan it was ordered that a helmet be purchased for the chief-of-police. Mr. Edmoudtsou appeared before council in the interest of a reduction of license for the opera house. On motion of Mr. Deutsch it was oidered that the license for the auditorium of the opera house he fixed at sixty dol lars for the present season. The vote stood as follows : Yeas —Deutsch.Mar- shall, Everhart, .Tones, Finnigan, Cleaver, and Schatz. Nays—Pursell, Moyer, Angle, Rus sell and Finnigan The following members were pres ent : Schatz, Cleaver, Pursel, Finnig an. Jones, Moyer, Russell, Deutsch, Marshall, Angle, Connolley and Ever hart. The following bills were approved for payment at the meeting of the borough council last night: BOROUGH DE'PT. Regular employes #127.50 Labor iu Light Dep't 1t'..50 Washington Fire Co 45 Standard Elec. Light Co 8.44 Jere Woodring & Co 9.07 Atlantic Refining Co 29.87 Harvey J. Lobach 90 D. R. Williams 6.00 W. H. Ammerman 82.80 J. P. Bare, Com 293.85 Labor and hauling 90.88 Friendship Fire Co 86.00 IRS IE piny John Roberts, William Madden and D. N. Dieffenbacher, viewers appoint ed by the court for the purpose of viewing a portion of the public road leading from Limestoneville to Ot tawa, held a view on Saturday 13th inßt. and Saturday last took testimony relating to the relocation of the road. The viewers decided to grant the change. The road in question lies in Lime stone township between a point where the highway is crossed by a public road leadiug from Washingtonville to Paradise and another point at or near the corner of lauds of Alexander Bill meyer. The road, which is alleged to have become inconvenient and burden some, has beeu before the court in one form or another for a couple of years past. A petition sigued by sixty-three tax payers of Limestone township was ad dressed to the viewers representing as follows: That in their judgment the highway in question is not inconvenient aud burdensome, but affords the safest, best and easiest manner of reaching the various points therein That a change of location as prayed for would result in a large expendit ure of money, hence would be burden some npou the taxpayers of the town ship. That the community at large is not in need of a relocation of tiie road as prayed for, as the road in its present condition aud location is best suited to answer ail the demauds of tiie traveling public. The petitioners, therefore, repsec tively ask that that render a decision favorable to tiie present location of the road in question and against tlie prayer of the petitioners for a reloca tion of the same. In view of the petition the viewers before deciding as to the expediency of making a change in the road be tween the above points decided to take testimony relating to the matter. The hearing took place in the grand jury room at 2 o'clock Saturday afternoon. The following persons were present : Hon. Alexander Biilmeyer, Harry Bill meyer, Daniel Hank, Esq., Charles Shultz, Oliarles Gouger, George Van Nordstran, Edward Balliett, Charles Geiger, Howard Wagner, and J. C. Benfield. Besides the three viewers. Ohl Wanger and Wallace Dean, super viosrs of Limestone township, were present. Practically all testified. It was held that the change of road, which was unnecessary, would entail upon the taxpayers an expenditure of little less thau a thousand dollars and that the township at the present time is not in circumstances to bear the cost; also that the taxpayers are over whelmingly against it, Much stress was laid on a never-failing stream of water flowing along side the road that it is proposed to vacate, which has al ways been highly appreciated by the public. No testimony was taken on the side of the petitioners who pray ed for a relocation. The viewers decided to grant the chauge of road as prayed for but to al low no damages. The road as relocat ed cuts off about an acre and a half of ground from the farm of J O. Ben field. GAVE THEM FIFTEEN DAYS Council has set a time limit in which Merritt & Co., the tardy con tractors who secured the job of erect ing a fire es cape on city hall last .Inly, may complete their work or forfeit the contract. When the three bids tor the city hall fire escape were opened on the 18th of last July, Merritt & Co. were .ouud to be the lowest bidders. The contract was awarded to that firm. Since then there have been a series of delays, and now the borough authorities find it impossible to get even a reply to a let ter. At the meeting of tho borough fath ers Friday evening Merritt & Co. were given fifteen days in which to have the fire escape on the ground and erect ed, or else the contract would be re let. New Sidewalk. A new flag stone sidewalk has been laid along the Ferry street side of the Mahoning Presbyterian manse. The sidewalk replaces a brick walk and is a great improvement. Wedded here. Albert Hollingshead, of Catawissa, and Abbie Kern, of Elk Grove, were married yesterday afternoon by Rev. William Brill, at St. Paul's M. E. parsonage, West Market street. WATER DEP T." Regular employes. flfifi.OO P. H. Foust 77.85 Friendship Fire Co 12.71 Labor and hauling 103.60 Washington Fire Co 1.75 Atlantio Refining Co 30.13 hh n JEES M WILKES-BARRE, Sept. 21. | Peter Dietrioh went on trial for the fourth time for the killing of James A. Jones in the Luzerne county court this morning. The case is being tried before Judge John Lynch. I It is very evident that the remark | able history of Peter Dietrich's case | is well known in Luzerne county at ( least in Wilkes-Barre and the interest is manifest. The large contingent from Montour county,which arrived on the 9:30 Pennsylvania train,was sufficient in itself to arouse some curiosity. FROM MONTOUR COUNY. The Danville party, mostly witness es, were as follows: Dr. W. R. Paules, Dr. R. S. Patten, Joseph R. Patton, A. L. Delcamp, J. C. Mincemoyer, John Grier Voris.John Woll, Andrew Rogers. William Deutsch, Lewis By. erly, J. W. McKinney, John Ross, George Ross, Mrs. Martha Jones, Thomas G. Vincent, Horace C. Blue, Jacob Swayze, S. M. Dietz. David Jones, D. D. Williams, Hon. H. M. Hinckley, District Attorney C. P. Gearhart, Thomas C. Welsh, Esq., Dr. G. A. Stock, T. W. Bedea, Adam Mayan, John Doster, Harry Fields, William Childs and F. M. Gotwalds, representative of The Morning News. DRAWING JURY IS SLOW. The case was called n court room No. 1, where after Districh Attorney 0. P. Gearhart, Hon. H. M. Hinckley and Hon. Grant Herring were formal ly admitted to the Luzerne county bar, the court proceeded to impanel a jury. In a county as large as Luzerne where the rank and file of the population would be supposed to be unfamiliar with the details of the killing of James A. Jones,one would have thought that the impaneling of a jury would be a simple process aud would consume but little time. It soon became apparent, however, that each side intended to exercise its full prerogative as to chal lenge and to labor zealously to the end that no man might find iiis way into the jury box who by affiliation of any sort, prejudice or temperament is dis qualified for rendering a verdict fully in accordance with the evidence It was 10:20 o'clock when Peter Die trich was formally arraigned. The de feudant pleaded not guilty. As is na tural after his long confinement Die trich begins to show the prison palor: he seems self-possessad,however.hope ful aud in good health. At the outset if wa« iWatnc.l by the court that tut* i - i ' ;i«ea!th u ill not press for an> i• i r t'.iu a second degiee ver<! rt. In impaneling a jut nir.il ; ed was placed uuder oa'ii aud the us ual questions were asked as to wheth er he had read or heard of the case, formed an opinion as to the guilt or innocence of tiie defendant. In addi tion ho was closely questioned as to his relations with people in Danville to determine whether he might be con sciously or unconsciously influenced. On the list of jurors are three news paper men : W B. Cleary.of the Times- Leader; Eugene Giering, editor of the Wilkes-Barre Record; Gallie Evans, editor of the Pittston Gazette. By noon after 21 jurors had been called only 4 had been accepted. Of the jurors rejected only a few were : challenged for cause. One of the jar ors was excused on the novel plea that, owing to tiie pressure of his business affairs, lie felt sure that he could not give his undivided attention to the evidence or as he pnt it "that his mind would run in another channel." ' Judge Lynch admitted that it was est ablishing a precedent to excuse the i juror for such a reason, but he said the man was intelligent and no doubt fully understood the operation of his mind. The man who was thus excused was E. Laird, merchant,of Avoca. Tiie men selected as jurors by the hour of noon were : John Kischbaugh, laborer, of Foster township; Griff Prichard, engineer, Lehman ; Robert Pritchard, couductor, Wilkes-Barre; Thomas Stoneham, fireman, Plymouth. AFTERNOON SESSION. Court convened at 1:30 o'clock this afternoon aud immediately resumed the work of impaneling the jury. LINE OF DEFENSE. John T. Lenahan, who examined the jurors for the defense,plainly indicat ed by his questions what the main line of defense would be. He repeat edly asked the jurors whether in case ; it could be shown that Dietrioh was ; nervous and broken up—with impaired j will power—in short in a condition of delirium tremens—as a result ofjdrink i —whether in that case they would give any weight to the testimony, or jin other words accept such facts as a ; defense. The answers on this point were var ious. Some were undecided; others were quite sure that they could not aocept drunkenness in any form as an excuse for orime, while still others thought they could give due ' such testimony Former District Attorney B. R. Jones conducted the examination of jurors for the Commonwealth. The questioning of jurors was, if possible, more insistent and searching than during the former trials at Danville. It was nearly 4 o'clock when the twelve men were selected. The Com monwealth then had four peremptory challenges of the twenty due it still remaining. The defense had two re maining. THE JURY. The jury impaneled is as follows: William Oostello, book keeper. Bear creek township. John Kisbaugh, laborer, Foster town ship. Henry Moseman, barn boss, Laflin. . Griff Pritchard, engineer, Lehman. Robert Pritchard. conductor, Wilkes- Barre. Charles J. Keuffer,optician, Wilkes- Barre. Daniel W. Smith, farmer, Conyng ham. * Tiiomas Stoneham, fireman, Ply mouth. .Tames Tilinsky, clerk. Pittston. Daniel Wallen, farmer, Huntingdon township. Frank Wenner, grocer, Freeland. Jacob Reese, blacksmith, Wilkes- Barre. At 4 o'clock court adjourned to re convene tomorrow morning at 10 o'clock. WILKEB-BARRE, Sept. 22. The second day of the fourth trial of Peter Dietrich for the killing of James A. Jones, was marked by the taking of much testimony, a great deal of which had not been intro duced at any of the previous trials. A mild sensation was created during the afternoon when tion. Grant Her ring. opening for the defense, an nounced that Peter Dietrich would stand in his own defense,and would tell what he could of the shoot ing. With the closing of this afternoon's session the taking of testimony is near ing an end, and a verdict is expected Wednesday night or Thursday morn ing. Dietrich's friends who are at tending the trial are predicting that the jury will acquit the accused. The taking of testimony in the case of Commonwealth vs. Peter Dietrich began in city hall, East Market street, Wilkes-Barre, this morning at 10 o'clock. The jury was impaneled in court room No. 1 on Monday, the entire day being consumed. On Monday after noon at 4 o'clock Judge Lynch an nounced that court would adjourn to recouvene Tuesday morning in city hall, where the cafe would be com pleted. Judge Evans of the Columbia-Mon tour district will preside in court room No. 1 vacated by Judge Lynch. COMMONWEALTH OPENS. B. R. Jones opened for the Com mon wealth,dwelling upon the impor tance of the case and at length outlin ing the facts as the Commonwealth will sulimit them. There was intensp silence throughout the court room as Mr. Jones siowlv and with consider able dramatic effect wfnt on with ' • re ral; all of which attested the deep interest felt in the trial here and the d'-sire to learn a.i the circumstances of the case, which has been so widely published. The witnesses were examined by Hon. H. M. Hinckley for the Com monwealth. MRS. JONES ON THE STAND. Mrs. Martha Jones, wife of James A. Jones, the deceased, in the case, was sworn. She told when she last saw her husband alive, on Tuesday evening, February 13, 1906. He was a heater she said and was employed at the tube works. She next saw him ly ing dead, on a beuch, in Peter Diet rich's saloon. That was between 1 and 2 o'clock on Wednesday morning. He was lyini: on his back with a bullet hole under his left eye and the blood was running down on the floor. The witness rearranged the body and wip ed the blood from the dead man's face. John T. Lenahan conducted the cross examination. He was brief. RODGERS' STORY. Andrew Rodgers sworn. He was at Peter Dietrich's saloon on the night of February 18, when the shooting oc curred. He was right outside the door when Jones and Woll went in A couple of minutes later Rodgers fol lowed Woll and Jones into the saloon. They were standing at the end of the bar talking about the society of Eagles. After Rodgers came in Woll treated. Dietrich served the beer. Woll said: "Set them up again" Dietrich said: "Go fill them up, Andy" Dietricli took cider; the rest took beer. Next Dietrich said "Set them up" and thev all took cider. Jones was at the far end of the bar. A short time after ward he went over to the opposite side of the room and lay down on a bench. Dietrich stood at the bar, talking about the west, lassoing cattle, etc. A little while after that he went in to the side room. He been" ~*>king. Corky laid " i ESTABLISHED IN 1855 eye on Corby, who was doing the talk- I in«. Witneas saw Dietrich reach over to • shelf behind the bar, under a cur tain. He drew ont a revolver. He faced the bar and held the pistol on his arm. Finally the revolver went off. There was a brief silence and then Dietrich said : "I shot up in the I corner. " After a while Rodgers said : "There's something the matter with ' Gorky, he's so quite." Woll walked over to him and discovered that he I was shot. Dietrich said : "If I shot him, I did not mean to; go for a doc tor." Cross-examined by Mr. Lenahan. , Rodgers illustrated how Dietricli handled the revolver in showing how the cowboys shot. After going through the movements he went into the side room. It was some time after he came ont of the room that witness saw he i had a revolver. There was no ill hum or nor unfriendliness shown. After coming out of the room Dietrich con tinued his demonstrations as to how the cowboys handled the "gun." It was at this time that the pistol went off and Jones was killed. Dietrich, the witness said, was in bad shape— had a pretty good load on ; his hand was shaky. Witness was emphatic; all were joking, laughing and in the best of humor. OFFICER VORIS TESTIFIES. John G. Yoris, police officer,of Dan ville, sworn. He was called to the house of Peter Dietrich after the shoot ing. Searched the house for Peter Dietrich, hut did not find him. Cross-examined. Witness was ac ' companied by Ciiief-of-Police Mince moyer and Night Patrolman Lewis Byerly. Entered bar room first—ex amined adjoining room and went up stairs to the third floor. After exam ining upper stories returned down stairs. Officer Voris was not called as a witness at last trial. CHIEF MINCEMOYER ON STAND. J. C. Mincemoyer, chief of police of borough of Danville, sworn. 'He wa called to the bar room of Peter Diet rich on the night of February 13, about twenty minutes of 12. He found Jones lying on the bench on his back ; he was dead. Dr. Ponies, Officer Voris and Night Patrolman Byerly were present. Peter Dietrich was not there. Officer Voris had searched the house but could not find him. Later they heard some one up stairs. Chief Mincemoyer and Officer Voris were in the act of going np stairs when Dietrich called down : , "Is that you Chief?" Receiving a re ply in the affirmative lie said: "You need not come up; I will come down; I am no murderer. I shot in self de fense." The officer asked for the re volver. Dietrich said that he'hadn't it and repeated twice that he was no murderer but shot in self defense. Turning to his sister Dietrich told her i togo up stairs and fetch the revolver, which was contained in a cigar box. Witness identified the revolver as the one that Dietrich had presented to him in his sister's presence, acknowl edging that it was throne with which he had done the shoot:tig. When the witness received the pistol there were two empty cartridges and three full ones. It was a five shooter. The odor | of power and smoke conld still be de ; tected. It is not a self-cocking re volver, but one that cannot be dis charged without pulliug the hammer back first at half cock and then at fnll j cock. The witness saw another revolver there—before Dietrich came in—an empty self-cocking revolver lying back of the bar and under a white cloth. After identifying the revolver the witness in answer to questions expla ined that following instructions from the court he took the revolver to the water works and emptied it. Cross-examination. Peter Dietrich was in a highly nervous condition MR. DOSTER'S TESTIMONY. | John Doster sworn. He accompani ed Dr. Paules to Dietrich's house aft er the shooting. He re peat that he had shot .Tones, hut that he did not intend to. Once he heard him say: "I am no murderer. I shot him in self defense.'' Cross-examination.' JjDietrioh's talk was rambling and incoherent: he was highly excited. LEWIS BYERLY. Lewis Byerly sworn. His testimony was substantially the same as Chief Mincemoyer's. Dietrich said he had i shot .Tones,but that he didn't mean to. He repeated many times that he was no murderer, but >hot in self-defense, j Pistol bore evidence of having been recently fired , it bore the odor of pow , der. Cross-examination. Once Dietrich said; "I shot him, but I did not in tend to." excited and talked^continuously. DR. R. S. PATTEN. Dr. R. S. Patten sworn. He was in the bar room when Dietrich gave him self up. Was there when the revolver was given up. Witness saw another revolver behind the bar. Continued on 3rd Pag«.
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