The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-17
THE THIRDDAY OF THE TRIAL


Continued from first page
track. Schwindt said, 81 am shot in the
back; send for a doctor" There was no
Justice T. r. Williams identified the re-
volver that Harry Smith gave him and which
Smith says he took from Eisenhower pocket
Eisenhower said, 81 shot Bill Schwindt He
ruined my home and made up my mind to
shoot him, and l shot him." Eisenhower
did not appear to be excited at the time.
THIS MORNINGS SESSION.
Judge Savidge was on the bench promptly
at nine o'clock this morning. His first act
was to hastily scan letters which some of the
jurymen had written to be sent to their re-
spective families. His Honor, in a very
agreeable manner, told the jurors that they
need not hesitate about incorporating any
thing of a private nature in their letters, as
the inspection of them by the court was a
matter of form and he paid no more atten-
tion to the contents than the law required.
DR.. J. S. Callen, of Shenandoah, was the
first witness of the forenoon and upon direct
examination by Mr.. Whalen stated that he
reached John Schwindts home about an hour
after the shooting DIR. Callen described the
attempt with the other physicians to probe
for the bullet and also the operation per-
formed by DIR. Biddle, in which DIR. Callen as
sisted. The latter testified that the spinal
chord of the victim was found almost COM
pletely severed. Dr. Callen was not the at
tending physician and therefore could only
give the probable cause of death. To this
Mr.. Brumm objected and was sustained.
Mr.. Brumm cross examined DIR. Callen for
20 minutes on the operation and the methods
the doctor favored in connection with such
operations. Upon redirect examination DR..
Callen said great care was exercised in re-
moving the amount of bone from the spinal
column to remove the bullet, because they
didn't want to expose any more of the spinal
marrow than was necessary; the less exposed
the better for the patient.
WILLIAM scHwINDT TEsTIFIEs.
A buzz of interest ran threw the court
room as William Schwindt, brother of the
man:that was killed, was called to the stand
by Mr.. Whalen. l have resided in Shenan-
doah is years. am 80 years of age. l re-
sembled my brother. We were twins. We
both worked at Turkey Run colliery My
brother was a miner. | was a watchman in
the drift. My employment brought me in
side the mine. One week day shift, one week
night. l was on day shift the week my
brother was killed. l usually went home at
4 o'clock in the afternoon when on day shift
and had no particular route to go home.
knew Theodore Eisenhower for about two
years before the shooting. He was a
teamster at the Turkey Run colliery. He
lived at the colliery.
An objection by Mr.. Brumm to a question
as to whether William Schwindt had trouble
with Eisenhower was overruled by the court,
Mr.. Whalen stating that he proposed to show
a motive for the intended murder; that
Eisenhower wanted to kill the witness for
revenge following the trouble the prisoner
and witness had.
Eisenhower eyed the witness on the stand
sharply and bit at his finger nails Schwindt
retained composure and looked at the respec-
tive counsel as they argued, paying no at
tention to the prisoner.
Now Mr. Schwindt" said Mr.. Whalen
after the ruling, tell us what occurred in
Eisenhower's house on the night you had the
difficulty with him"
Schwindt: "On the 3rd of August, last,
Eisenhower came to the colliery intoxicated,
or pretended to be so, and wanted to lay in
the boiler house. was going to get him a
gum coat to lie down, but the fireman said il
was too damp and then | told Eisenhower he
had better go home. He said he would if
would 90 with him Between the house and
the boiler house l told him I would not GO
with him if | thought he would make any
trouble at the house. He said he would be
good. He said he wanted me to 90 with him
because his wife had locked the door. When
we reached the house the wife and one OF
two SOILS were on the porch. Eisenhower
said to the wife, You locked the door on
me-" The wife said she didn't. We went
into the house and Eisenhower laid on the
floor. l said | would light my pipe. The
daughter. two sons and the wife were in the
room As | was leaving Eisenhower sprang
up and caught hold of his wife. l said
Theodore, my God you promised me moi
to do anything" / caught hold Of him and
| in the scutlle that followed he fell, or l threw
him down. l am not sure which. | ran out
of the house then, Afterwards Eisenhower
had me arrested before Squire Cardin fol
assault and battery.
The court sustained Mr.. Brumm's objection
as to whether the witness had heard thai
Eisenhower had made threats against him, OF
that the witness had told his brother thai
Eisenhower had made such threats.
The witness stated positively that he wal
never at Eisenhower's before or after the
difficulty.
| Cross-examination by Mr. Brumm-I hat
not been at Eisenhowers that night before
went with Eisenhower. As watchman it wa
my duty to patrol as far as the drift moutl
and one leg of the drift timber at the moutl
| is in the boiler house. The door Of tn,
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