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«.