Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-05-24


the commonwealth that they wanted the
pistol which Regar handed to Geusemer
on this night.
The Defense
j. Hay Brown, esq, opened the case for
the defense with a speech in which he
briefly stated what they would proye
The first witness called was Henry :.
Musselman. He testified that in July,
1881, he WAS living with Miller as oar
tender had been with him over six
years. On the night of the 10th of July.
1881, he was at Miller's when GeuSemer
came in f.; number of ladies' aud gentle
men were eating ice cream when he came
him Gensemer began hitting Gicher with
a hat, and Miller told him to behave a
little dog ran ut him, and he
tramped on his front legs; Miller
again demonstrated with him, and
Gensemer ran him against the wall. Wit
ness went to Miller's assistance and they
put Gensemer out the door as he went out
4 small wooden step turned and he fell
he soon came in again and picked up :,
dish about 10 inches long, which Miller
took from him Gensemcr said he could
whip both mon, and again picking up the
and it struck the cupboard, leaving :;
measure, which he attempted to throw :;
beer glass, knocking him down Mi
him never to come into tho house again.
The next morning Gensemer again came
in he also came in at other times, and
xr1 o l,x, ~
he would give them $50 if either would
fight him on the night OF the 18th o.
October Gensemcr, Kegar and several
others came to the hotel ; Gcnsemer asked
witness to go along up to Eberly's and get
a drink he then whispered, "IOu need
not be afraid, l have nothing against you.
1t is Miller | am travelling for, and l will
lay him out cold the first chance | get "
witness told this to Miller, who toi,t
him to close up the house for the night,
which he did. Between II and 12 O'Clock
Gensemer and his friends came to tie
house at that time Mary Bedger. SUSIE
Bcdger, George Hinkle, VIM. Showers.
Hiram Neck. Elizabeth Wcinhold and
Daniel Weinhold, We're in the house the
party outside tried the door and shutters
Of the barroom and one jumped up and
looked in over the transOm they were
talking about Soing in anu Some swOIo
they would witness next heard 4 shot
and ran out he saw Miller who
was standing Oh the cellar door Gen
semer was there and there was
scutile witness saw flash of :, pistol and
heard the report. I. was fired down
wards Gensemer said g. You can't fright
en- us ; VIC have revO!vcrs too" He said
10 Resar hand me that Regar handed
him something which lie pointed at
Millcr's breast some ono yelled "Crack
away, Bill, and then Miller fired three
shots III succession.
On cross examination the witness said that
Gensemer gave him trouble when drunk
he did not remember that Gensemer
ever offered to pay for the dish which he
broke; did not tell any one that !; on the
night Of the affair none Of the Gensemer
party got drinks at the hotel whey they
came the second time Susie Bedger, Hiram
Neck, VIM. Showers, Mary Bedger and
witness were in the barroom witness told
Miller who was in the sitting room did not
know if Inc went upstairs for his pistol
the scuiile at the cellar door was the push
ing Of Miller by Regar and Gensemer
Miller was on the cellar door then could
not tell whether he swOre at the habeas
corpus that he did not know what it was
that Gensemer had in his hand when Mil
Ter shot him did not talk to Monroe Ret
tig, Henry Irwin, Henry Grenning and
David Lutz about the affair the next day;
did not tell them that he ran to the door
after two shots had been fired and saw
Millar shooting Gensemer with tho pistol
pointed at the latter's face and a blaze Of
fire coming from it did not tell them
that he then locked the door and ran out
another door and the shooting was over.
If he did make this statement hc was not
on oath when Miller came into the sitting
room he gave witness the pistol which
had five empty chambers; did not say to
Messrs. Davis and Steirmetz that the pis
tol was loaded when Miller gave it to him.
If he did say it he was not under oath.
Did not say so at tho hd5eus corpus.
Daniel Weinhold of Denver, who has
resided there for six years, was the second
witness he was sworn and testified that
he was at Miller > OIL the night of the shoot
ing was in the barroom with Rcgar, Gen
semer and others between o and 10 O'Clock
several girls and young men were there
and Mary Bedger was playing the accor-
leon when this party came Miller told
the others to put the accOrdeOn away as it
was getting late; between II and II |
came into the back yard l heard nOiso i'll
front and went around saw Gensemer
md friends who wanted in /; some of them
tried the door Miller was there lie told
them they could not get in; they said
Lhey could, as it was public place
The crowd said that did not frighten them
la.l
and the revolver was discharged
semer went back and said to the crowd
poir ted at Aliller's breast and some one
yelled, "Crack away, Bill )" Miller shot
three loads from his pistol and kept back
ing away as he did so; Miller went into
the house before the witness, who saw him
there afterward.
On cross examination the witness stat
ed ho did not say to any one that
when the first shot was fired he was down
at the shed did not say to Daniel Lutz:
Henry Irwin, Henry Grenning, or Alfred
after the shooting, and was not there when
It was going on did not tell Martin Bru-
baker that he would rather be dead than
80 Ou Iuc WltucSS Sthhu stpsiu, dS Lc u.Iu
forgotten what he had sworn to at the
tGJeus corpus did not say to any ono at
the hearing that he was at tho shed when
inc shooting occurred if he did he was
not under oath ho was frightened then;
lid not say that he was glad he was not
here when the shooting happened. Witness
md Miller both went front together botl,
were standing on the cellar door with
Ill
f1inkel and Miller everything was spoken