Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-02-12

| Martin is Convioted-J d g Q
| Woodward Rules Out Evidence
OF Witness Who Could Not Iden-
tify a Deputy Concerning Whom
He Testified.
| WTLKESBARRE Pa. February IL
! When court opened to-day for the trial of
| Sheriff Martin and his deputies, who are
charged with the killing Of the strikers
! at Lattimer, the defense introduced new
/ feature in the cross examination by en-
deavorlng to show that the evidence Of
the witness was influenced in the hope
Of securing damages from the government
i'll the event Of d conviction.
Adam Lapinslli, who was on the stand
| when court closed last night, was asked
what country he came from "Russo-Po
| land" he said. Counsel for the defense
then asked:
| did YOU not expect in the event Of q
conviction in this case that your coun-
try viii file claim for damages against
the United States?" II don't know" re-
piled the witness.
Did YOU net read in the newspapers
that such would be the case?" Il cannot
read" said Lapinski
The commonwealth objected to this line
Of cross examination. but the objection
was overruled. The witness was then
asked:
Did anybody tell you, or read to you
from the papers that you would get
money if the deputies were convicted?"
mo Sir; / don't know anything about
it, said the witness. q
Thomas Paris the next witness. told
|
the first shot, Paris said, he ran, but was
! struck by a bullet when he was about
/ fifty yards from the deputies. The bali
| struck him in the arm and passed
! through. Several bullets pierced his coat.
MICHAEL SROCHAK
Followed Paris on the stand. He told
how about eight Of the deputies had fol-
lowed the fleeing strikers at Lattimer
and shot at them as they ran. Il was
| standing near the deputies" said he,
when firing began. A man fell dead by
my side, and i dropped, too. instead Of
running After the voley about eight of
the deputies followed the strikers for
about thirty yards, shooting all the time.
! Andrew Maier who lost his leg in the
| shooting at Lattimer. came into the court
room on crutches. Fills right leg is off q
/ few inches below the hip. He said that
he was not at West Hazleton. but joined
! the strikers further on ana marched TO
| Lattimer. He could not tell anything
about what the sheriff said of did at Lat
! timer. He was standing in the middle of
the line when the shooting commenced,
and started to rum but got bullet in the
leg and dropped. He saw lots Of others
drop. too. Maier said the shooting con-
! tinued for Il couple of minutes after he
was shot. He said he was out of his
mind for a couple of weeks afterward.
THE LAST WITNESS
Of the morning session was Martin Lach-
| ar He said that when he was at West
Hazleton one Of the deputies had taken
hold Of him, pushed him around and ours
ed him. He told that he had seen one of
| tile deputies at Lattimer kick andre
AIaier as the latter lay on the ground with
his les shot almost off. The defense op-
iectcd TO this evidence on the ground that
! the shooting was all over when the kick
! ing is alleged to have taken place, and
the deputy who kicked Maier had not
been identified.
The argument was as to the admission
of Lachar's testimony relative TO dep
uty kicking Maier the wounded striker
| The commonwealth side was argued by
| District Attorney Martin and Attorneys
| McGahren and Scarlet, While Attorney S
| Lenahan and Palmer spoke for the de-
Tense. The contention Of the common
wealth was that a conspiracy existed to
shoot and kiln, 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,
il Was competent testimony
The defense commended that no conspir-
acy had been shown to exist that the
act Of one man could only be considered
in tire guilt of that man, and as the wit
ness had been unable TO identify the man
who kicked Mater. his testimony to-
tally Irrelevant.
Judge Woodward in sustaining the OBJ
lection, said: II put my ruling on
ground which / consider legally impreg
nable. The proposition i'm this offer is to
show malice by both declaration ana act
by 4 person WHO is not shown to be one
Of the defendants, and after the shooting
occurred.
THE JURY WAS NOT ADMITTED
10 court until after the decision was rem
derod, ana when they came in each was
given TWO weeks pay in order that they
might 90 some purchasing.
The cross examination of Martin Lach-
ar was commenced by Attorney Palmer
and the witness denied that the strikers
HAD injured man at Crystal Ridge 50
badly that he died few days later He
also denied telling a deputy that the
strikers were going to Lattimer to raise
he'll.
Matthias Chya said he was about 200
yards from the deputies when he heard
a single shot and was hit in the shoulder
This was after the volley was fired re
showed the scars Of his wound 10 the
jury on cross, examination ne denied
that TIN. strikers had forced him to march
with them ana also denied that the strik-
ers intended forcing out He I.attlmer men
if they did not go on strike willingly.
Mike Juias, VINO was shot through the
body 1T Lattigrer. ana vino, ~ stiIl very
weak anu sick. said that when the strik-
ers halted he heard some deputy Give The
order To fire. RE Ut once ran. but had
gone only a few steps when he was hit.
and fell The bali struck him iii thu
back. piercing his left lung ard came out
an inch above the heart. He showed the
ans to the jury. On cross examination
III denied that he had shouted To the
sheriff we must kill you. you --
Sheriff.
| yohn Derock also testified that he heard