Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1892-03-25
THE MURDER CASE.

Dugan-
A murder trial is somewhat of q novelty
here; as we have not had an exciting one
since that of W II. White for the murder
of Patrick Eagan in March of 1881, though
the case, VS.. Thomas Lee, the Evans City
case, was tried in Dec. of 1891, and
hence this one attracted large
number of spectators-more than the
Court room could accommodate The first
half hour of Monday afternoon was &C.
| cupied in tho hearing of various motions
aud petitions, and then the Court ordered
the Sheriff to bring the prisoner into the
Court room.
Mills came in hand cuffed to the Deputy
Sheriff. He had been furnished with q
suit of good clothes. and is not an unat-
tractive looking man.
| The list of jurors was called over aud
forty three answered to their names. The
Court inquired il all parties were ready.
where upon Col. Thompson for the defense,
after preliminary speech moved the
Court for a continuance of the case, and
presented a statement setting forth that
the regular term of the March Quarter
special term had been ordered and publish
ed for this week, or panel of Jurors drawn
and that therefore it was beyond the juris-
diction of the Court to try this defendant
this week; and be read an opinion of the
Supreme Court on q case taken up from
Dauphin county to sustain his motion.
Messrs Bowser and Reiber for the prose-
cution, controverted this by citing the
general law of 1884, the special laws for
Butler county of 1868 and 1864, and the
general law Of 1875 under which the Rule
of Court fixing the terms here was made.
Thompson and McQuisriOn both replied,
and Judge HAGEN stated that If their posi-
tion were correct there are now several
illegally convicted men III the Western
Penitentiary. He S Mt for aud read the
order of Court fixing the Quarter Session
terms, they were made in September of
1878 and fix the TERMS for two weeks or
SO long as necessary, and therefore over
ruled the motion and sealed exceptions.
Mr.. McQuistion for the defense, then
asked for u change of venue on the ground
OF the apparent i'll will of the public here
towards the prisoner, and tits was also
over ruled.
The prisoner was then arraigned, he
was told to stand up, Clerk Criswell read
the bill of indictment charging him with
the murder, and asked "How say you, are
you guilty or mott"
Not guilty of the murder" answered
Mills. "How will you be triedf" asked
the Clerk; by God and my country" the
prisoner replied after being prompted by
one of his Counsel; "God grant you q safe
deiiverance" said the Clerk. The prisoner
was then notified of his right to challenge
Jurymen, ard the case proceeded.
Daniel Overheim of Saxonburg, was the
fsrt Juror called and sworn to answer
questions truthfully. Prisoner, look
upon the Juror; Juror look upon the
prisoner; Juror are you any kin to the
prisoner asked the Clerk. mo Sir" said
the Juror. "Are you a citizenf" Eyes
Sir" "Do you challenger question
asked generally of both prosecution and
defense. Mr. Overheim, in answer to
questions, stated that he was a tool dresser
and producer, had formed an opinion
ON the case but could give verdict on the
evidence and has conscientious scruples as
to capital punishment. He was stood
aside by the prosecution.
Josiah j. Brown, farmer of Clay twp,
and Oliver Thompson. Of Cherry twp,
were the next two called and both were
stood aside by the Common wealth.
Jno. 0'Neal, of Butler, formerly of
Clearfield twp, had formed NO opinion,
has no scruples as TO capital punishment,
was challenged peremptorily by the
defense
Isaac While, of Karns City, does not
like the idea of capital punishment, but
would not let that interfere with his verdict,
was stood aside.
Thomas B. Kelly, of Worth township,
has partly formed az opinion which would
require strong evidence to overcome and
was challenged "for cause" by the defense
Tie Court questioned him, then Overruled
the challenge for cause and the defense
challenged him peremptorialy.
The questions the court asked were those
ruled upon by the Supreme Court in the
case of the Commonwealth VS.. Zack.
Taylor, tried and convicted of the murder
of drover McCausland in Greene county, in
1889 and are as follows: 'If you were
sworn as a juror, could you GO into the
jury box, and, after hearing all the evil
dence in the case. could you give this
defendant fair and impartial trial, and be
governed b. the evidence alone, without
being influenced by the impression or
opinion you may now entertainf
''If you were sworn as juror, could you
and would You give this defendant fair
and impartial trial from the evivence you
would hear in court, without being infu-
onctu W your OplulOU
VIM. Smith, of Forward township, had
formed and expressed an opinion, was
challenged Tor cause by the defense, this
was overruled and he was challenged
peremtoriiy.
Robert Kley, Of Butler, was stood aside
by the Commonwealth.
U. d. Fisher, Of Butler. was challenged
peremtorily BY defense.
Wendell Osche, OF Clearfield twp, was
stood aside by the Commonwealth.
Levi Albert, of Centre twp, was stood
aside.
John Stein, of Butler, was challenged
peremtorily by defense
Ii. G. Bricker, of Butler, was stood
aside. also Andrew Porter, of Sunbury and
Willard Starr, of Concord twp.
Jno McElhany, of Cherry twp, was
challenged for cause, overruled and chal-
ienged peremtorily by defense.
l.. G. Miller, OF Parker, was stood aside.
James Wilson. of Brady twp, had heard
of the case, did not read the newspaper
accounts Of it, has an opinion which will
not interfere with his verdict, has no
scruples as to capital punishment. sworn,
kissed the bible, and was seated in the
jury box.
Chas. Rabe, of Saxonburg, was stood
aside.
Daniel Maloney, of Millerstown, was in
the hunt for Mills with Tony Allen, was
challenged for cause by the defense. and
the challenge was sustained. Dams
answer made Mills smile
Henry Stein, of Brady twp, never heard
any thing of the case and didn't bother his
head about it, but was challenged psrsm-
torily by defense.
Chas. Reilly, of Clearfeld twp. had
formed an opinion and didn't like capital
punishment, and was stood aside.
Martin Heyl, of Prospect. was chsl-
lenged peremtorily.
d ). Rape, Of Jackson twp, was stood
aside.
Jno. Staples, of Adams twp, was chal-
lenged peremtorily by defense, as was also
e.. Q. Swartz, of Fairview twp.
1t was now o'clock, three and q half
hours of solid work had been put on the
case, twenty two jurors had been examin-
nd had