The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-10-09


; was in Pittsburgh. sni TINT be was book
keeYsr for II. B. Neess son & Co. On JUL
10th be Eent 10 ConfIusnee onthe invitation
Of ore Of tie n,snasars the 1sarska Fish
fng Csrb. who wsns camping rear thsl
place rot there about O'clock IN tie even
ing, where be was net b two members o.
the c,uh, Who escored h7n 70 camp. about
a nzsle ard half from Confluence he re
tnrzed 10 ConaGence ahous', midnight. and
nssE Scott. strauh ard Marshall, who bad
cone down from the city on tie express and
were also visitors, and returned with them
10 zhe camp.
Betreen 4 and e'clnck Sunday afternoon
the witness, with number Of theother boys
we're sitting in the galIcy talking there was
q ksg Of beer on tap Knorr. one Of The par
Fly, Told Lehr, who had been drinking pretty
freely, that be had better not take any
more beer Lehr replied that be would take
All he wanted that hsswas able 10 pay for
il. ard walked over 10 the keg and draak
several glasses, and then went up the bill to
his tent In a few moments he returned
Knorf's face declaring thar he would have
all the beer he wanted The party then
Eerst up TO the tents when the witness. 10
prevent Lehr from getting any more beer,
returned ami knocked The spigot out Of the
keg Lelr WAS informed thst the spigot had
been knocked gut. and becoming very angry
rushed at the witness, pointing mis- revolver
at him. and demanding to know Why be
had let tthe beer run away. As Lehr seemed
especially incensed at him witness sought
TO avoid trouble by leaving the camp. and
ssartei for Ccnauence. The other visitors
said they would go with him. When
short distance from the camp he heard shots
fired went back and found Scot lying on
the read, de1d sl.et through the hack, en-
the lest side.
On c-oss-exatninzfion the witness said the
visitors had broaght the beer up on the
night train; there were two kegs. each con-
tanning about ten gallons; they drank cut
OF tin and china cup Lehr WIS NOT ex-
cited till hestarted down the second time
with the revolver saw ] i'm drink six or
4 seven cups didn't think Lehr was drunk
never saw him bsfore he came to camp in
the capacity Of cook he and Scott had no
/ quarrel before that the wi.EesS knew or
Augustus S,raub, solicitor OF real estate and
/ insurance, next took the stand and related
how he came 10 the camp As a guest OF the
club. Coming down 10 the shooting, he
said "Lshr came up the bill and I heard
him remark that be would allow no sol
a-b- razoo him. Afterwards heard him
say he would tx the s-of-a-b-; Kurz-
specky. they called hin-had gone for can
OF water when Lehr jumped Of the cooking
counter and ran down the bill with his re-
volver / ran down and saw Lehr flourish
ing kis revolver said 70 KuTtz he would i'll
him full Of holes; Kur.z and Aisbit went
up over the hill with the can Of water
hs1 gone up 10 the biz tent Kurtz, Aisbit,
Eicbeniaub and I started for Confluence;
Scott went into the tent f1r bis coat called
me to wait on him when about > or 30
yards away turned around and saw Scott
step oct Of the tent md start 10 come
when 40 or 80 yards away Lehr came and
called to Scott and said. Come back you s.
of-a-5-- or I'll FIRE Scott wss facing Lshr
and was waking Backward be replied the
boys were going to Coufaenoe and he Eorld
% with them Scott was close on to 20 yards
sEsy from Lehr when Lehr fired al him
was between 70 and 100 yards from Scott
heard the noise Of the bullet going through
the leaves Of a tree about ten Eeet to the
right Of me Scott drew bis revolver and
fired back; scott was stepping back wards al
the time; Lehr then advanced about fiheen
feet behind tree and fred a second shot
the ballet went within an inch Of my ear
Scott fred the second shot al Lehr called
10 Scott to run that Lehr WAS chasing him
Scott turned and ran toward Us can't say
bow far be had ran twenty-five seconds af
Ter started to run heard third shot from
Lehr and Immediately after, Scott groan
beard another shot: we ran TIL We eame on
the main road went back and fland Scott
dead he was lying face down shot right
back Of the Ieft shoulder
Cross examined by Mr. Marshall First
saw the beer Sunday morning; think il was
tapped some time betweenrs and 9o'cleck in
the morning: We bad lineup and china
emp. they were both used at the frs; keg:
Didn't see the second ksg Lshr was sitting
on hoard pile down in the gully when We
come back from the woods no one had
quarrel with I@hr 20 far as / saw, unless II
was when be came AID pat his revolver
under Kurz's nose had never seen Lehr
before; the first shot fred by Lehr when be
was at the tent and scott was nea- thessabie.
BE- bad Sdvaneed i've or ten iees when he
Cred the second shot. scott was going up
steep bill AZ the tine
Charles &yler, sworn: Live in Allegheny
an marble cutter: am q member Of the
Earaka Fishing Club Went 10 Confluence.
on 18th Of July last; was there Sunday
about half past tive 7 went down to the gull
ly where al the boys we're sitting Lehr
was there, and woali 90 over and iAkea
tin Of beer once in n while; I said to him 10
get supper. as wanted to 20 to town; he
said be wasn't going 10 get any supper; Jim
started up toward the tent and | started up
after him be went into the tent and
brought his revolver out; sppeared to Be (
very angry. was fr0thing at the mouth and
crying; started down over the bill saw
him pointing revolver in Kurtzs face went I
down and tried TO quiet him be said get
back Myier or III shoot was talking 10
Mr. Frantz when Jim passed up the hilI /
toward The camp; heard him hailoo and 4
start up the hill Jim was opposite the 4
big tent. and saw him IRE two shots in d. /
reetion the boys were going; heard another 1
Light shot supposed Il was from Scott re-
voiver Lehr started to run toward Scott 4
and fred one shot, aboEt half way from 4
where he stood first and the big tree reach- 7
ed the tree and looked at the leff hand side, 1
then on the right pat one hand against the 4
srse and right hand over Ieft and took aim 1
st Scott who vas in fence corner: Scott i
ran few feet hollooed and Ell Jim fred 4
one shot in the air said he was independ- i
ens Of any man, didn't carr for any body: /
started back toward the tent; on the way
threw empty sbeels ont Of revolver and took
other cartridges cot OF his pocket and put
them IN his revolver ne said before be gos
under bis tent, the first man that bends his
knees III shoot took box Of cartridges
cat Of his yaIise-
Cross-examined When Lehr came cut
OF the tent he was fFVthing Al the mouth and
crying never saw him under the influence