The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-18
ECKERT'S TRIAL.
The Defense Will Plead Guilty ana Let
the Court Fix the Degree.

The Defense Will Plead Guilty ana Let
the Court Fix the Degree.
The trial of Abram q. Eckert for the
murder of Fred Bfttenbender, OF Nahti-
coke, continued all day yesterday. MOST
of the morning was devoted 10 securing
a Jury, which was completed as fol-
lows: Morgan Boyle, brakeman
Wilkes-Barre; Charles "A. Croop, pow
der maker. Conyngham; william wal
ters, teacher, Fairview; James Hama
han, tracklayer. Jenkins; George Cut
Ter. miner, Foster; John NJ. White
painter, Wilkes Barre; William n. Cul-
Yer. miner, Ross; Anthony Kane, miner,
Sugar Notch: j. B. Austin, farmer,
Union: William jenkins, hotel-keeper,
Pittston; John Cawley. engineer, Pitts
ton; Edward "A. Allen, hotel-keeper. Ha-
Zleton.
Attorney Dewart, of Sunbury, came
yesterday morning and took charge Oh
the defense. being assisted by Mr.. NC
Govern, of this city. and Attorneys j. T.
O'Neill and Thornton, who We're APP
pointed by the court. District Attor-
ney Fell is being assisted by Mr.. Gar
man.
The district attorney opened the
case with a history of the crime show
ing how Btttenbender, who was Il
school director had gone to the school
house of which Eckert was janitor ana
found some fault with the work there
Eckert followed Bittenbender to the
street and there shot him without
cause and apparently with premedita-
ton.
pr. NJ Goldman. of Nanticoke, was
the first witness called and explained
the course the bullets took, ana
though he arrived in few minutes
after the shooting Bittenbender was
dead The wounds inflicted by the bull
lets We're fatal.
Or. :. l.. Holley, another physician of
Nanticoke. saw the wounds and eN-
planned the course of the bullets and
considered the wounds fatal. That de-
ceased died from them. Neither doc
tor was cioss-eXamined.
Patrick NOunan, the first witness
called. heard the shooting and saw BIT
tenbender fall. hut did not hear any of
the conversation between Eckert ana
Rittenbender. Witness came up IN a
few seconds, but Bittenbender was dead
when he reached him. Noonan was
only about sixty feet away when the
shot was fired.
Eli Bittenbender. father of the mur-
dered man. then took the stand. and
told how he, Mr.. Flack. Mr.. Gallery
and Fred went together to Callerys
store. where Mr.. Flack left them. Wit
ness and the murdered man then went
to the school house. where Fred, who
was a school director. complained to
Eckert of some of the work done at the
school. E.ckert abused Fred. using
violent language and making threats
on his life. While talking he
pulled a revolver and fired three
times at Bittenbender. Witness picked
him up and saw at once that the
wound was fatal. Eckert was only
seven feet away when the shots We're
fired. So far as he ee.fid see his son
died instantly.
George b. Winterstein, a grocer, COR
roborated the elder Bittenbender's
testimony. The shooting took place in
front of his place of business. After
the shooting Gallery took Eckert in
charge and led him away. The testi-
mony was further corroborated ny
James Fisher and T. R. Callary.
Constable Reagan, of Nanticoke,
testified as to the arrest and the de-
scription of the revolver was received
from R. C. Hitchler. jeweler of Nanti
coke, who also testified that the bull
let's taken from .Bittenbender's body
We're the same caliber as that of the
revolver. Testimony in corroboration
was given by County Detective Eckert,
G. w. Gruver, C. r. Miller. w. j. Fox.
CnflS X. E0eT, Vi. Il. Morgan, GeOrSe
Small and Joseph Smith.
In the afternoon w. Fl. Thomson.
constable, testified that he, in COM
pany with Lee Millington and Steve
Thomas, brought t.ckert to the Jail.
Coming up in the car he asked Eckert.
"What ever possessed you to shoot
Fred" He replied. ''He abused me in
the morning and had to do it,"
Lee MillingtOn corroborated the pre-
cedng witness.
Steve Thomas was one of the con-
stables that brought Eckert to Jail. /
said to Eckert, what did you do it
for?" He replied "Bittenbendcr bull
dozed me moro. than once and drove
me to It,"
Thomas F. Jacobs corroborated this.
and told in addition that Eckert said
he was glad he shot him and would do
II again.
The commonwealth rested at 3
O'Clock and Mr.. Dewart opened for the
defense. They will try to prove that
f,ckert was under the influence of
liquor at the time and liable to fits of
temporary insanity, owing to an in
jury received in blasting well several
years ago. At o'clock in the after
noon the attorneys for the defense held
a consultation, and it was decided to
plead guilty to the killing, discharge
the jury and have the court continue
the hearing OF the evidence and fix the
degree of the crime. Later, just before
court adjourned, the lawyers withdrew
this move and decided to continue the
case.