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

DcE u 41c 1sErrha s1lttLfH t4tlo We KIT iOi
cortluence on July 18th s0ne of Is IN
tended 10 sfay three weeks and some a
month six parties eane from Pittsburgh 70
visit Us on JAY 20ih there were some 9th
er visitors 70 the camp duri3g che day the
camp was on Hiram Frantz's farm Lehr
sad. about quarter Of six. -rnn going TO
gef drunk on that beer said not on that
beer be went ep sIsi got his revolver and
came down and caught ms By the right
sbGaider. lad his nsvslysr 10 lis right
hard aud vas wAirling II areand my face !;
then went for NY revolver thought he
Vas going % shoot me, Re seemed very an
cry was swearing ami talking louli seem
ed incensed AZ me he cried violently and
then commenced laughing as bard as be had
been crying minute before when Scott
started 70 leave, Lshr asked him where be
was Eoing he replied be Was going for va
ter Lehr said you're lizr. you have no
bucket be tossed bis revolver up and said
be wouldn shoot one Of ihoss boys Tor ten
dollars Scott was going up the hill and
Lshr called to him 10 come back saying II
he didn't he would shoot him fired at him
and ran up a little further and fred again
/ Scott shot back and Lehr ran up 10 the tree
and levelesl his revolver and fired again
then Scott fired and Lehr fred again after
Lehr fred the fourth shot Scott let out
yell,
RUN AB0CT TKS sTKrs aSD FEEI-
He fred all the shots 10 the direction Of
the crowd; Scott fell almost Immediately
after Lehr fred the fonrth shot; no one
else was firing
Hiram Frautz, Affirmed: Live two
miles east from Confluence; vas at the FISH
! ing camp Sunday afternoon got there be
tween three and four O'Clock; was down be-
/ low the big tent. where heard the first shot;
saw Lehr IRE; as he passed up where was
he sxore he would shoot the s-of-a-b.
W. S. Caldwell. member OF the fishing
club, was the next witress called. Nothing
new was eliciled from him. As he left the
stand court adjourned till $50 r. m Tues
day
TUESDAY, MORNING SESSION.
Thomas W Aishit was the first witness to
take the stand VIXEN eoart convened Tues
day morning. He was one OF the visitors TO
the fishing camp on the fatal Sunday IN
July and his account OF the killing and the
circumstances that led up to il did not differ
from that Of the former witnesses.
james A. Lacoek, a member Of the fishing
club, testified that, after the shooting. when
the officers came TO arrest Lehr, he, Lehr.
said to him that they were probably going
10 arrest him for shooting on Sunday or
within the borough limits and that he
should pay his-ine-
Dr. Fschtner told how be assisted the
constable to arrest Lehr. He produced The
revolver which Lehr had used. Il was 32-
ealibre. sells acting. Harrington & Richard
son. The witness also prodaeed a bullet
which De had taken from the dead man
body and which htted in Lehr's revolver.
The Doctor said that he bad made a post
ssorssa examination and WIS satisfied that
death was caused by the gun-shot wound.
I,r VS.. Mountain testified 10 assisting
in the posf asorssn.
Col T. D. Yutzy related how he had as
sisted in making the arrest and how be had !
tested the carrying powers Of the Lehr re
volver. He had taken the revolver and |
stood at the place where Lehr stood when |
be fred the fatal shot, and had fred at a |
target placed at the spot occupied By Scott !
when he was shot, distance OF $50 feet and /
had hit the eeEtre the fist shot The target 1
consisted Of harrel with an inch and . half /
thick dry oak plank ia it. The bullet pene- i
trated the barrel s,ave and plank. The Col |
onel also produced drzft Of the place where 4
the shooting occurred and explained it TO l
the jury He had also tested Scott's pistol \
and found that it was no good.
Harry Knorr Was recalled and said that /
after the shooting Lehr said Il hit one Of 1
th9se fellows. did you hear him yell p
At the close Of the morning session the
prosecution announced that their evidences
was all in.
THE pEFESss OPENS.
At the eonzesing Of e0art Tuesday aEsr-
noon, ". II. Koontz. Esq opened the case
on part Of the defense
Ctarles /. Barclay was the first witness I
called. He was the assistant cook at the I
fishing camp and thought that Lehr was
both drunk and crazy al the time Of the |
shooting
Ms. Sarah May, the prisoners mother. !
was next called. She said her son was - /
years Of age thought there was something /
wrong in his mental makeup. and told Of /
different spells be had bad when be would 1
fsoth Al the mouth and did not appear TO /
know what he vas doing
James May, the defendants s5ep-hfber. /
and I'VE other witnesses testified on behalf
Of the defendant. Their testimony was
mainly to show that the prisoner was not OF /
sound mini
Il Tas time for adjournment when The /
testimony was al in aad court aa'ioarned I
I'll So Wednesday morning
Disirict Attorney Bsesecker made the
opening argument tor the Commonwealth
He was followed BY W H. Kooniz, Esq, /
for the defense The morning session was
consumed By these two gentlemen
Thomas Marshall E-q, occupied the first /
n4AE anu i laEtrI u ttc dttcfiffftu -c->lri 4
and Geheral Cofroth closed for the Con-
monEealfh-
Judge Baer charged the jury and court Ad-
journed TO meet Eben the jury we're ready
n returns verdict. They came in at 7.l5
Wednesday evening With verdict Of gully
Of murder in the setoad degree-
IubsxExI DAY.
Court convened at 5 O'Clock Friday morn
ing when the following sentences we're i'm
posed
Henry GArno. shorty. convicted of bur
glsry, was sentenced to serve oar years in
the penitentiary.
Charles " Spangier convicted of larceny,
was given one year IN the same institution.
James II. Lshr was given nine years.
Henry J. Patterson, convicted of killing
John sPiker. was given four years.
Several hundred Of Patterson's friends.
neighbors and aeqaaintanees. presented a
petition TO the CoGrt praying that light
sentence be imposed.
The following paper was fled by the
Court when sentence was passed upon Pat
terson
vs. No. - Sep. T. 40
HExRr J. PATERSON.
The defendant, having 0een tried for hora-
icide and found guilty of murder in the sec
0nd degree. was this day. 9Th OF October 81,