The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-02-12
A CONSPIRACY Is CHARGED
CONTENTION OF PROSECUTION IN
SHERIFF MARTIN CASE.

The Point Is Made That Inasmuch as a
Conspiracy Did Exist to Shoot and Kill
All Implicated Were Equally Guilty of
Any Act Performed by Any One of the
Conspirators-The Judges Ruling.
Wilkesbarre, Pa, Feb. 1.-THE case
of the commonwealth against Sheriff
Martin developed several new features
to-day. One was brought out by the
cross examination of the defense when
witness was asked If he did not ex-
pect to get damages If the case was de-
cided against the defendant. The COM
monwealth objected claiming it was
not a proper cross s-examination. The
objection was overruled, and witness
was asked if any one had told him or
read to him that If the trial resulted in
a conviction he would get lot of
money through his government. The
witness denied this.
Andrew Maier, who lost his leg in
the shooting at Lattimer, came into
court on crutches. His right leg is off
that he was not at West Hazleton, but
joined the strikers further on and
marched to Lattimer. He could not
tell anything about what the sheriff
said or did at Lattimer. He was stand
ing in the middle of the line when the
shooting commenced and he started to
run, but got bullet in the leg and
dropped. He saw lots of others drop.
Maier said the shooting continued for
a couple of minutes after he was shot.
He said he was out of his mind for a
couple of weeks afterward.
Martin Lacher said that when he was
at West Hazleton one of the deputies
took hold of him, pushed him around
and cursed him. He told how he had
seen one of the deputies at Lattimer
kick andre Maier as the latter lay in
the road with his leg shot almost off.
The defense objected to this evidence
on the ground that the shooting was
all over when the kicking is alleged to
have taken place and the deputy alleg-
ed to have kicked Maier had not been
identified.
The commonwealth contended that
conspiracy existed to shoot and kill.
and that, according to law, all who
were implicated in the conspiracy were
equally guilty of any act performed by
one Of them, and that as the kicking
Of the wounded striker showed malice
1t was competent testimony. The de-
Tense contended that no conspiracy had
been shown to exist; that the act of
one man could only be considered as
the guilt of that man. and as the wit
ness had been unable to identify the
man who kicked Maier his testimony
was totally irrelevant.
Judge Woodward in sustaining the
objection said: II put my ruling on
ground which consider legally i'm
pregnable. The proposition in this Of
fer is to show malice by both declara-
tion and act by a person who is not
shown to be one of the defendants, and
after the shooting occurred" On cross
examination Latcher denied that the
strikers had injured a man at Crystal
Ridge so badly that ne died in few
days later. He also denied telling a
deputy that the strikers were going to
Lattimer ito raise hell
Matthias CHA said that he was about
two hundred yards from the deputies
when he heard single shot and was
hit in the shoulder. This was after the
volley was fired. He showed the scars
of his wound to the jury. On cross
examination he denied that the strik-
ers had forced him to march with them
and he also denied that the strikers
intended forcing out the Lattimer men
If they did not go out on strike willing
ly.
Mike Julas, who was shot through
the body at Lattimer, and who is still
very weak and sick, said that when the
strikers halted he heard some deputy
give the order to fire. He started to
run, but had only gone a few steps
when he was hit and he fell. The ball
struck him in the back. He showed
the scars to the jury. On cross exam
ination he denied that he had said to
the sheriff, 1--WE must kill you, you -
sheriff" John Derrick also
testified that he heard command tc
fire, but he could not tell who gave it.
Court adjourned after the cross-exam-