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


Mills, has opinion, could We fair verdic,
ON evidance; no scruples,-stooda aside.
6. ID. Bastian, OF jackson twp, has ex-
pressed q newspaper opinion but that
would not interfere with his verdict, Nc
scruples rs to capital punishment;sccepted
by Com; has heard opinions expressed By
others and has opinion himself that would
require clear and satisfactory evidence to
change; could 70 into Jury box and render
verdict on evidence alone;-challenged
peremtorily by defense.
o. NJ Albert, of Franklin. no opinion a.
to guilt or innocence of prisoner, nc
scruples as to capital punishment, accepted
by CON-; questioned and accepted by de-
Tense and was sworn-being the third juror
accepted
q. ii. While, of Penn twp, has an opin-
ion, has scruples as to capital punishment;
that would interfere with his verdict
challenged for cause by Com; could render
fair verdict on evidence, also true verdict
according to law-answered Yes Sir To
Courts first question; challenge for cause
on part of Com; overruled, accepted by
defense. Dispute here on legal questions
as to right of Com. to challenge peremtori-
ly. accepted by Com.-was sworn, and
was the fourth juror accepted
no scruples, accepted by Com.-Chailenged
peremtorily by defense.
Adam Oesterling, of Summit twp, no
opinion, no scruples; accepted by CON-
peremtorily challenge by defense.
Il. ID. Kiester, of Centreville, no opinion
but has scruples, could render verdict by
evidence; stood aside.
W. l.. Daubenspeck, of Butler, has
on;nion but could give fair verdict, no
scruples; stood aside
VIM, Calvin. of Petrolis, no opinion, no
scruples; stood aside.
Jnu. McGarvey of Donegal twp, stood
aside. =,
panel exhausted and those stood aside
we're recalled in their order.
Daniel Oyerheim, recalled and accepted
by Common wealth; also by dcfense, and
was the fifth juror sworn.
Josiah J. Brown, recalled, has opinion
but could render verdict on evidence alone;
no scruples as to capital punishment; &C
cepted by Commonwealth. Evidence
TO contrary Of opinion would change II
without regard to former opinion; chal
lenged for cause by defense; Argument
of Thompson in case of defendant VINO
stands mum and calls upon Com. to prove
his guilt, in which case jurors with
questions in the affirmative; objection for
cause, over ruled, challenged peremptorily
but under protest.
Oliver Thompson, of Cherry twp, farm
ar. no opinion, no scruples. Com. chal-
lenges peremptorily.
Isaac Weible, questioned as to his stroke
of paralysis four years ago, is improving
in health, and was accepted and sworn as
the sixth juror.
Robert Kley, has opinion but could give
defendant fair trial, no scrupfes, ac.
cepted by Com. and also by defense and
sworn-the 7th juror.
Wend I'll Osche, no opinion. nc scruples.
accepted by Com. has not read the paper
accounts but has talked to neighbors.
challenged peremptorily by defense.
Levi Albert, accepted by Com. question
ed and accepted by defense, and was
sworn-the 9Th juror.
Il. C. Bricker, accepted by Com.
questioned by defense and accepted, and
was sworn-the 9th juror.
Andrew Porter. aged IS, Sunbury. reads
but little and never loafs, no opinion, could
give fair verdict no scruples as to capital
punishment, if case is made plain; accept
ed by Com.-intends going to Michigan
next Spring; approves Of capital punish
ment; law of God superior to law OF man;
regards the present license law contrary
to moral law; challenged for cause by de-
fense and challenge sustained.
Willard Starr, Concord twp, son of
VIM. Starr, accepted by Com; also by De-
fense and swOrn-the 10th Juror
L. q. Miller-It would be painful for him
to render a first degree verdict, but his op-
pinion on capital punishment would not
T. xrsf l.
lenges peremptorily.
Chas Raabe, has formed and expressed
an opinion, and that would interfere with
bis verdict on the evidence. Challen ged
for cause by Com. and challenge sustained.
Chas Kelley, accepted by Com; accepted
by defense and sworn-the l1th juror.
Fl. S. Rape, has read and talked of the
case and has formed an opinion which
would bias him as q juror, and is also OPP
posed to capital punishment. Challenged
for cause by Com. and challenge sustained.
Court here adjurned for dinner, and the
eleven jurymen were placed in the custody
of two constsbles.
Tuesday afternoon, half an hour before
the doors of the court room were opened.
the balls of the Cotrt House were crowded,
and when the doors were opened. not
half of those present conld secure seats,
and had to stand up around the wall, but
few being allowed in the centre ;isles. AT
so cents per head per session the admission
fees would have paid the county debt,
during the trial.
Mills was brought in and the trial pro-
ceeded.
Chas. Eliason. the 9th juror stood aside,
was called and his answer read by the
accepted by Com. knows
IL I'D nnir inr, from
newspaper accouats, had heard wit
ness In the case talking to another man,
would take strong evidence to change his
opinion; challenged by the defense for
cause and challenge sustained by the court,
Peter Morrison, accepted by Com.
aged nearly 20 years and very nervous.
no opinion; challenged peremptorily by
defense,
W. w. Grossman, has known Mills for
about fifteen years, has not talked to Mills
friends about the case; could render u
verdict on the evidence, spoke to Mills
next day after the murder in jail, slapped
off in Butler to see him; challenged
by Commonwealth, and this
exhausted its peremptorily challenges.
l.. D. Keister. called. answer read, ques-
toned by defense and accepted. He IN ade
the 18th juror.
The jury was then polled. the lEdlct-
ment read to them, the defendants plea
stated, etc. and the other jurors were ex-
cused from further attendance.
District Attorney Reiber opened for the
Commonwealth, he referred to the care
taken in the selection of the jury. aud their
duties, gave a short history Of the crime;
the quarrel at Petersville after their return
from Renfrew, the threats made by Mills,
the fears expressed by Dugau; Dugan was
drunk; Mills was not; Blsir's story of the
hammer and threats made by Mills to him;
the boys story; Mills arrested; the finding
OF the hammer; his whisper to friend to
hide the hammer; his actions when he saw
Dugan dead; his escape; his attempt to
shoot his pursuers, etc., and will ask for
first degree verdict.
THE EVIDENCE.
Peter Ripper was the first witness called,
and was sworn with the uplifted hand; he
resides in Evans City; is Q foreman ON the
Welsh farm; was there the day before the
murder, also that night; stopped at Dilla-
mans; was there Dec. 23rd, 1891; Pet ter
Dugan worked for him as pumper;. went to
boiler house and found Dugsn lying on the
mattress dead; he was warm yet; had two
holes in his head; was partly lying ON his