The citizen. (Frederick City, Md.) 1895-1923, 1897-03-05

ASl SoiACO JOhu NdlheT IOul name,
which his brother resented, and the
next thing he knew both were russell
ing together and he saw Keller strike
Walker with pistol and then point
the weapon at his breast and fire.
Walker threw up his hands and cried
out, ''Oh, God! Pm shotr' and fell to
the floor with Keller on top. Witness
said Keller struck the PROSTATE man
several blows and kicked him when he
got up. Keller then walked to the
window and said, "Who shot?n Wit
ness said, "You did," then Keller said,
"but you did not see me shoot him.
Witness admitted that he did not, and
then Keller said to him, III want you
to stick to that" Witness said that
this happened about nine or ten o'clock.
Keller then grabbed the dead man by
his legs and dragged him outside, say
ing as he did so, "I'll put you where
your friends can get YOU" On cross
examination by Mr.. Pampell, witness
said that the Walkers seemed to be I'M
der the influence of liquor when they
entered.
James King, the next witness. said
he was present that night and reiterat-
ed what had been testified to be fore as to
the manner of the killing and the
provocation, etc. Quite a sensation
was caused by the statement of this
witness that he was sent for by the
prisoner to visit him at the Jail, and
that when there Keller said to him,
"If you say you tried to take the pis-
tol out of my hand, aud in the attempt
it went off and killed Walker, there is
$3.50 in it for you" Witness said he
would see about it.
Several other witnesses were then
examined but developed no new fea-
lures. DIR. Hedges was then called
and he described finding the dead body
ON the roadside and made an eXamina-
ton. The wound was about an inch
and half below the left nipple. DR..
Leon West also testified that he had
made post,mortem examination and
that the bullet had gone through be-
tween the third and fourth rib and
had pierced the heart, producing a
necessarily fatal wound.
Court then adjourned until four
o'clock, when Robert Keller, the ac-
cused. was called to testify in his own
behalf. Pale and haggard, yet defiant
withal, the prisoner faced the jury
which held his fate in their keeping.
He was attired in dark suit of clothes
and had on neglIgee shirt. He was
above the medium height aud his
hair and mustache are we'll tinged with
gray. This was the first opportunity
the spectators mad to get good view
of him, as allduring the day he had kept
his face turned toward the witness
stand, except now and then to say a
word to his counsel or to shift his posi-
ton. He usually leaned his head
upon his right hand, his elbow resting
upon the table. When asked to tell
the jury what he knew of the case he
started In a low voice scarcely audi
bic beyond the railing The court
asked him to speak louder, which he
did He said he remembered the night
of the 18th of last January, and that
he was standing at the door of his sa-
loon when he heard several men
coming down the road evidently much
the worse for drink. They passed the
door but stopped and said they would
go back and see wEat - they could
raise there. They came in roughly
and demanded drinks-Keller said
whiskey but in some of the other tes-
timony beer was what was called for
when witness said they could have
them and then go. This they object
ed to aud words passed between them.
Keller said he went behind the bar and
got a small club to brighten them off,
but he did not use it. Several vulgar
epithets were passed back and forth.
Then Joseph G. Walker, whom he did
not remember of ever having seen be-
fore, made a rush at him, and during
the struggle which ensued, he took his
pistol from his pocket where he al
ways carried it and hit Walker over
the head with it. Walker tried to
grasp it, and during the contest for the
weapon it was discharged. Witness
said he had his hand over the butt and
that Walkers hand was over his. The
court asked him to explain how the
pistol could be discharged in this posi-
ton and witness asked for one, stating
he would show him. None was pro-
duced, and witness said he did not know
Walker was dead when he struck him
while both were on the floor, but
thought some one else had fired the
shot He said if he had intended to
kill Walker he could have done so at
first. He said the discharge of the
pistol was an accident and that he
acted in self defence and in the protec-
ton of his property. When asked to
explain why he dragged the body out
side of the saloon and lett it in the
road, he said he was greatly excited at
the time and could not explain TO any
better effect. Under the cross-eXami-
nation by the State he became very
much disconnected and gave evasive
replies to several important questions.
The next important witness for the
defence was John Keller, brother of
the prisoner, who was employed by
him in the capacity of barkeeper, and
who witnessed the proceedings of that
fatal night. He told how the Walkers
came in, and how they angered him
and his brother by their rough and in-
sulting remarks. They asked for
drinks, which were given them but they
were requested by his brother to leave
and not make any trouble. Then the
scrmmage ensued and he saw his
brother graphing with Joseph c.
Walker and then he heard the shot
fired. Just before that beer bottle
struck against the. bar and John
Walker, who was standing near by,
being in the best position to have
thrown the same, the witness grabbed
another bottle and struck him on the
head, thinking Walker intended an
attack upon himself. He told how
his brother had gotten the small club
from behind the bar TO scare the men
away, After some other statements
Mr.. Maulsby proceeded to question
him and the witness became so dis
turbed aud confused that for a long
time he refused to answer until the