The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-06-03

say he would get square with Lockner:,
The State here rested its case and court
adjourned until Wednesday.
Testimony for the Defense.
WEDNESDAYS PROCEEDINGS.
Chas. 7. Reifsnider. Esq, made the open
ing statement for the defense.
Andrew Pfautsch, the prisoner, was put
upon the stand and testified as follows -
live 400 wards from Winchester mill. On the
morning of December 23d last got up early
and got breakfast, intending to stay home that
day and make baskets. | left willows out on
the porch in the rain the night before to soak.
Went to the spring to get bucket OF water,
and saw rabbit on Winchester property as
| came back went home and took the po-
tatoes from the stove and put them on the
porch to let the water run off. | then took
my gun and hurried back to the rock, going
above the rock. | stood with my gun across
the fence, looking toward Westminster, and
made a noise with my foot against the fence
to scare up the rabbit. In about two minutes
Calvin Lockner came along and passed me.
He said nothing to me and | nothing to him.
When Calvin got past me he hallooed to Ms
father twice to come on, that ''old Ptautseh
wants to shot me- | said go your way,
want nothing to do with you; | want to shoot
my rabbit. Mr.. Lockner came up and was
in bad humor He said ''you d-n son OF
a b-h. if YOU don't let my son alone l Will
knock your brains out" When he was near
he picked up stone. He had a stone in his
right hand and a bucket in his left. he had
his right hand raised. He was cursing and
swearing | said l.ockner, | want nothing to
do with YOU; let me alone. | turned around
to go home, and Lockner struck me with a
stone bigger than pint cup on my right arm.
He then picked up bigger stone and put ms
bucket down by the rock. | walked back,
ward and we watched each other. moved
back to nv gate and saw in Lockner's eye
what he was going to do. He swore, but
did not say bad word. | had on a short
house coat and had my gun stock under 1t.
He had stone 4Xl0 inches , inches thick.
| watched my chance. When he looked away
tried to get in my gate. had my gun
cooked and my finger on the trigger. When
| turned to go IN the gate, LOckner grabbed
the gun and It went off ldont know II shot
the gun or I.ockner. | did not want To shoot
him: we were friends and neighbors. When
the gun went off, Lockner said ''oh and
then he went back FIVE yards and five yards 90
the right. and sat down on the bank. In two
minutes he laid over. LOckner dropped the
stone when the gun went of The coat and
shirt that Piautsch wore on the day OF the
.
on the right arm at the elbow. ! wore the
shirt to iail and wore It there until ] got
another. The shirt has not been washed, and
has been hanging up in the Jail. The wit
ness shen rolled up his sleeve and exhibited
10 the court aud jury a small mark on his right
arm near the elbow. ! FIRST saw old Mr..
I.ockner that morning when he was near the
rock | was in the fence corner aud couid
not sec further than the rock. The boy vas
close to me above the rock, and passed me
when was at the fence. | had no idea that
I.oekner was near He was about twelve feet
from me- Tie pns the bucket down when he
picked up the second stone. The witness
pat nn bis coat took his gun aud showed how
he sas holding Il. and the position OF himself
and lOc&ner. getting one Of the counsel Ter
the defense 10 take the place - lsocSner.
I.Dckner had his right hand raised sud grabbed
the gun with his left. the witness explained,
and when h. tried Ia 20 in the gate the ggn
went of whilst l.ockHcr had bold 81 Il. lie wa
afraid l.ockner woald Kill or cripple him for
life, be- said.
ross-exaniinet-Th boy came doWn and
took hold Of his fathers cnai and turned him
over. The hos threw two stones at ne and
one hit me on the head. got my gun and
sent up Ia shoot rabbit. did not SEE ths
rabbit when went up. was standing ~ the
fence corner and Was kicking againstthe ience
20 trv 10 searcs Il up. While ~as there the
boy PASSED up on the same SIDE Of the Rad.
4 err the witness continued BIS ssatsmr ne
very similar 60 VIA; be said in his eh'ei eN.
animation. l.ockRcr Jacob ihres . stuaa
on nae. Thinking be Eoald Jet me alone !
termed "a ~ down. and be threw a stone -
was turning. started hack hecaase thuus b
he aogld ics me alone. ~ b. had thrown hns
fAaH 1fi5aafHasfs-st hos h. ntast
I.ockner SEN standing. lie did not think
IockneF would BIT him ailes hs had E,;ien ~
his Yard. because be was iurswaFugd n0t 60
come on his place. iierv the Niiacss repsssi-
I'd more II his chicf siaiemens. Atter the
shooting h. went IN the housc and aressed.
He l0aded the gun because BE- was scared and
didn Z kuuw wha, VAS ceming lie lookesi
0us the window and saw she hay gumaImg down
the hill. ANerWards SAN Mr.. pTexlsr and
Mr. Winchester coming az The road. tie diss
rot 70 10 help l.ocknrr because hs vas scared.
He knew harm was done and drsssed T. 80 -
Westminster. To M. Winchester he said--'.l
coaldn't help II; he weuld haye kiiied ase 4 ]
hadn't Killed hsm Mr. Winchester said be
ought TO give himself ap He said yes, a. s.,on
A. r. got q cup Of cofrc. He tod NJ. Win
chester that bis arm Vas hurt. Il has been
out Of place thirteen Tunes.
Georre A. Shower aid be uHs depgty sheF-
IN and saw Piautsch Al the magistrate oihce
on the day % the shooting aaet dinner. and
locked him IN hiss cell a. the jail. Saw the
clothes 81 Piantsch the day after the shoosinS,
and though; the clothes iexhibited before
we're the same he had secn. Pfautssh had
his sleeve rolled up. aud sav the wOuRa on
his right arIa a. the eliow. Il VAs the size Of
quarter and looked iuiiansd. u he sksn
vas broken buf not bleeding. The hleod on
a - -
the uound on the arm, and the places eorrc-
sponded.
DR., ". X. Fringer said BE- examined tbs
shin and wound ON December 18th. The
wouud was about the size of quarter, Sith =
sgsh Of cGngealed blood over il. He sac the
Jacket and shi.t, and shaaght they we're the
same ones that Pmutsch had on Decesuleg
2fsh. ON er0ss-eNamination he said be had
made the examination nj the instance uf Mr..
Reifsnider. The wound might have been
deep: he couldn't tell because il hSd scab.
There weue no important veins OF arteries IA
the neirhborhood of the Wouud, hut believed
z sufficient amount u blood could have flowed
from the wound TO make the stain ON the shirt
Could not say positively that the stain vas
blood, but believed 50. Re direei- bought
the wound was deeper than the outer SKIN
Dr. Leonard Lspp said be was the phyi-
elan TO the jail, and saw the prisoner the das
after he was committed Examined his rghi
arm and found a wound something larger thar
q ten cent piece. There was blood on The
shirt. He dressed the wound with arniea-
lnudanum and water The wound Was in
famed. and thought il deeper than the Quite
skim On cross.examinatiou he said be did
not know whether the sheriff OF Mr.. Reiisni
nider FIRST told him to 60 to the jail. Did NO
think the wound serious IL was through tbs
true skin and had scab on il.
Harry f. Mann said be was sn attorney al
Z Law in Baltimore, but for fifteen or sixteef
+ wears had been spending the summer nea
+ Carrollton station. He knew most Of the PEG
I pie Of the neighborhood. Knew Jacob Lock
/ ner i've or six years aud PiautSch about ton
wears. The road near Plautsch's house wa
rough and stony. Never had much to do wit
( Lockner. bat saw Pfautsch nearly every day
{ On the last Sunday in September last, saw
+ Lockner at the railroad station. He said J
/ Phutsch was not very careful some day whei
/ he was away his house might burn down, ans
/ for a five cent piece he would put his lIgh
out On the same day witness told Ptautsel
/ what Lockner said and cautioned him not Il
have any difficulty with LOckner.
Cross-examination-- was the last Sunda.
( in September OF first Sunday IN October
Told Piantsch what LOekner had said a
Pfautsch's gate. Didn't have good opinion
of Loekner, and considered him a nuisance II
the neighborhood. Prosecuted him once 10
receiving stolen goods. Part of the witness
testimony was objected to and the objection
was sustained Witness said he took N