Freeland tribune. (Freeland, Pa.) 1888-1921, 1898-02-03
MURDER TRIAL BEGUN.
SHERIFF MARTIN AND DEPUTIES
ARE BEFORE THE BAR.
Several of the Accused Have Been Dis
charged on Motion of the District
Attorney, There Being no Evidence
Against Them-The Jury Selected.

The trial of Sheriff James Martin and
seventy-eight men who were sworn in as
deputies, charged with shooting and
killing eighteen men and wounding
thirty-five others at Lattimer on Sep
tember 10, 1897, began on Tuesday in
the courts OF this county. The brutal
crime which these men have to answer,
rounding it, has obtained not only a
national reputation, but has gone across
the seas and found place on the achives
of foreign countries. Newspaper read
erS the world over know the details OF
the Lattimer massacre, hence their re-
petition is unnecessary now.
The case promises to be one of the
most interesting ever tried in Luzerne
courts. District Attorney T. r. Martin
is conducting the prosecution, assisted by
James Scarlet, of Danvile, one of the
leading criminal attorneys of the state:
ex-District Attorney John McGahren,
ex-District Attorney and Democratic
State Chairman John NJ. Garman, of
Nanticoke; E. f. McGovern, of Wilkes
barre, and P. F. Laughran, of Hazleton
John L. Lenahan, one of the most emf
nent criminal attorneys in the state, is
the chief counsel for the defendants,
assisted by ex-Attorney General II. w.
Palmer, George S. Ferris. f. w. Whea-
ton and George H. Troutman.
There are many questions of import
ance which will be settled at this trial.
chief among them the question to what
extent citizens can use the public high
way with demonstrative attempt without
being considered riotous.
There will, too, in some measure be
settled the question OF whether the
Austrian, Italian and German govern
ments have ground for claim for dam
ages, citizens of those countries being
among the killed and wounded
Extreme interest is manifested in the
case throughout this county, and the
corridors OF the court house are daily
thronged long before the doors of the
court room open.
When the trial began on Tuesday
morning, with President Judge Stanley
Woodward on the bench, the first move
OF District Attorney Martin was an un-
expected one. He moved for a nolle
prosecute in the case against Leonard
Babcock, Wallace Drum, John Dough
erty, John ]. Gallagher, William Null
hall, Fred A. Sloppy, William Costello,
William Seiwell, Calvin Pardee. Jr.,
John w. Crooks, Jr., r. c. Warriner,
Thomas A. Harris, Samuel Ermod and
Craig Anderson He explained that
these deputies had not been present at
the scene of the shooting, and therefore
the commonwealth would not ask that
they be held under Indictment. 1t is
supposed they were in the vicinity of
Lattimer store, guarding that establish
mont, when the foreigners were shot.
Attorney Lenahan objected vigorously
to this, declaring the deputies had
right to demand trial by jury, that the
stigma Of guilt might be fully removed
from them. After argument the court
granted Mr.. Martins motion. Samuel
j. Gundry, another deputy, was also
given nolle pros. on motion OF Attorney
Wheaton, for the defense, who said the
mans wife was dying.
Each deputy answered to his name
when called and stood aside. The fol-
lowing names on the list did not answer:
George L. Ruble, who is unknown;
Harry Dehl, who disappeared after the
shooting and may be running yet
Thomas Brown, not present. Later
Brown appeared.
Contrary to general expectation, there
was no argument regarding the question
OF trying the defendants altogether or
separate, the defense agreeing to the
states proposal to try them as a whole.
The jurors were then called for ex-
animation, and out of over forty examln-
ed all but seven were rejected, having
formed opinions regarding the prisoners
guilt. The seven accepted were; Eli
Weaver, laborer, Hunlock township; C.
K. Shaw, carpenter, Ross townships:
Aaron Follman, ropemaker, ,Wilkesbarre;
| Alfred Stevens, clerk, Wilkesbarre; A.
III. Shields, carpenter, Wilkesbarre; Her
man Gregory, farmer, Huntington
township, and Adam Laryon, tinsmith,
Sugar Loaf township
| Among the jurors was A. w. Wash
burn, of Freeland, who was challenged
| for cause, on the gronnd that he had
recently been employed by some of the
defendants. He was stood aside until
yesterday, when he was accepted by
both sides after the entire panel of sixty
| jurors had been examined. Mr.. Wash
burn was the twelfth juror chosen.
Yesterday morning the first juror
chosen was c. G. Ransom, a contractor
of Plymouth. This made eight Jurors.
The ninth was b. NJ. Rood, "a farmer of
Ross township; the tenth was Jonas
oxrider, carpenter of Sugarloaf town
ship; the eleventh was II. NJ. Wolfe, a
farmer of Ross township, and Mr.. Wash