Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-11-17


withdraw the witness
After the witness had left the stand
Mr. carnuhan annonnrcl H.. case
closed on the lmrt Of The Government
llc gave notice 10 the defense, how
ever, that the Gov ernmcnt wonld hold
that the failure to notify the dciondan,
that Mr.. Rnthbone would be called a,
a witness, would not prevent then
from calling him as witness for de-
fensc.
TnE DEFENSE.
Mr. Weir opened tho case for the de-
ftnse. He said that they expected to
be able to prove that Van Welt and
Butler had made sudden and violent
attack upon Lansberry, firing two
shots at him, and putting him on the
defensive from the very start and
that the subsequent resistance Of Lans-
berry was in n-selfdeiense, and to save
his own life.
THE TESTIMONY.
Martin V. Owens, sworn--Rcsidc in
Clearlield county, two and half miles
from town, ut the house Of Joseph
Lansbcrry; (the witness here descrIb-
ed the premises from n diagram sub.
mittcd By counsel for the defense y
Lansbcrry was ut home on Saturday
night, October Goth; the next morn
ing, as | was returning from the barn,
] saw him coming in the next thing
l heard was an uproar at the door, and
two men camc to the door and, utter.
ing loud oaths, said "Lct us in here y
Lansbcrry bad came into our part of
the house his apartments were in the
other part of the house think one of
the men was named Van Ylcit they
broke through the door; an inside door
was closed BY oneof tbs women, when
the men threw il open again; they
asked me where Lansbcrry was and |
told them he had gone out the small
man said "l was liar" the large one
sad am going toshoot the dan
now he has gone up stairs this was
said in n loud tone of voice they then
pulled the stair door open and statrtcd
up stairs the largest man was ahead
going into the stairway then heard
two shots fired the next thing saw
Lansbcriy 90 out of the door; next
saw the small man come down stairs
and go out Of the door with a gun bar.
rel in his hand and started after Lans.
berry Mr. Miller also followed him
did not notice wound upon Mr.. Lans.
berry, or blood upon his arm; Lans.
berry's dog which went away with
him. returned bespattcrcd with blood.
A discussion here look place be.
tween the court and counsel for the
defense in regard to the admission of
evidence as to the conduct of the Off. [
GERS after the flight of lansbcrry. the
court insisting that ii was not admiss.
bio as evidence.
Mr.. Gibson argued that il tended to 9
show the powerful violence of the off.
GERS, and If il could be shown that the ,
officers, acted in II highly criminal :
their brutal conduct would
rob them of the shield Of their author.
ty.
The witness resumed-Each mas MS :
he entered the house of I.ansberry had !,
revolver in his hand, and held It ont !,
It arms length; but short time
elapsed from the moment they enter !
I'd the stairway until the firing occur !
I'd did not hear Van Welt and his
companion say anything until they got -,
TO the door they came in the door
alongside Of each other they were
close to the stairway When they called
out they would shoot him (Lansberry) :
md Immediately proceeded up stairs.
Gross examined-Livcd in the house .
with Lansberry from MAY until Octo- J
bcr he had been at home frequently >
before the Both when be came into !,
our apartments on that morning he !
ramc with rush was standing up :,
" the time could sec the door on the l.
west side Of the house, but did not no. !,
lice Lansberry going out there or up y
stairs either; the whole thing came !
ipon me 50 suddenly that could not ),
notice everything; don't know why | Y
old the officers that Lansberry was !,
not there did not know that he was :,
ip stairs at the time; | was alarmed. !
'ut did not know what was up, Lans- y
berry never told me he expected a Wis. !,
I from the officers | heard the door y
rack when IL was burst open the di- h
lgram was made under my care | :
stood in one place nearly all the time !,
ion't know what il meant on the dia. :
gram by first position of Owens in the
'orner; ! was not in the corner there !.
vas another Owens in the room; il - !,
vas my wife; there was no other man :.
II that name in the room am certain -
ne OF the men called me d. liar. +,
I'm also certain Col. Butler said he y ;,
'ould shoot the d. -; heard y
wo shots at the head of the stairs or =,
on the stairs was very y
Icar but could not state whether they
we're pistol or gun shots they came 4,
ne after tho other; did not hear a a,
'ord said or spoken on the stairs il !,
vas dark at the head OF the stairs, and =, :,
ou could not see very much in there ~ ~
aw Lansberry run out of the door on ~
ne y west sue Lansbcrry had a gun su
M revolver. W
Mr, oarnahan gave notice that he Sc
,oulu . continue the cross-cxamination Is
tnlS witness in the morning, as he
'ar not yet through with him. IN
me court then adJodcned until ten nc
c'ocN on thursday morning. ii,
OBSERVATION-DISCLOSURES. sh
The cross-examination of Mr. Owens or
-as continued at eons;Jerohla l.,n,',h Ar