The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-05


were heard, and the case is rapidly
nearing conclusion. Before closing the
defense called the two Andrew Sivars,
John Langhran and Frank Kupa, wit
nesses for the commonwealth, to as
certain whether at the preliminary
hearing last September they testified
that at the meeting Of the strikers at
Barwood on the night before the shoot
ing they all agreed not to carry clubs
or weapons of any kind.
Andrew Sivar No. did not think he
said ANYTHING about this feature. Sivar
No. . said he had sworn that they
agreed not 90 carry clubs.
Langhran did not remember anything
he said last September and neither did
kura.
Ario Pardee Platt. the last witness,
was asked if Chief of the Coal and Iron
Police Hampton was at Lattimer at the
time Of the shooting. lie said he was
not. This was for the purpose of con-
tradicting some of the commemorative
witnesses.
The commemorative witnesses in
rcbuttal began their testimony at l.
o'clock. T. +. Ryder !. II. Strauss and
G. l., kcck, who met the sheriff a few
minutes after he reached this city from
the scene of the shooting, said they
saw no mark, discoloration or bruise
on the sherilf's face.
Joseph Costello was then recalled by
the commonwealth for the purpose of
showing additional facts in regard to
the threats of violence made by Deputy
\. l.. Hess against Costello. who was
helping a wounded striker. Counsel for
the defense objected TO this evidence,
- l,.r
Judge Woodward
II was helping a wounded striker
said the witness, when Hess came up.
| said: It's a d shame to treat
these poor fellows this way Shut
up cries Hess, 'or I'll treat YOU the
same way and he leveled his gun at
me-"
Did you write me a letter during this
trial?" asked Judge Woodward.
NO, sir" replied the witness.
COMMONWEALTH CLOSED.
The commonwealth closed its case at
8 o'clock this afternoon, after hearing q
few witnesses in rebuttal on unimport-
ant points. for most of the testimony
they hoped to thus get before the jury
was ruled out by the court. Judge
Woodward before adjournment said
that owing to many ladies attending
the trial he had ordered the fins two
rows of seats and the extra jury box
reserved for them.
The defense submitted the following
points for the consideration of the
court:
Counsel for defendants respectfully re-
quest the court to charge the jury as
follows
The sheriff is the chief conservator Of
the public peace within his bailiwick
and is bound, eX ofilcio, to the perform
ance of this duty.
For this purpose he may command ~
posse comitatus, or power of the county,
and every male over the age of fifteen
years is bound to obey this call under
pain of fine and Imprisonment.
If it is made to appear to him that
tumult of riot is threatened he may make
the call.
In the determination of this fact, he
exercises a judicial power. and his judg-
mont cannot be examined into and re-
viewed in ulterior proceedings against
him, in the light Of subsequent events.
Evidence that each one, or particular
ones, acted illegally or malicously, is
not proof of a conspiracy.
There is no evidence in this case which
would warrant a finding that the de-
PENDANTS We're an unlawful assemblage.
The question of whether it was nee
essary TO resort to the extreme means of
firing on the strikers in order to dis
persc them, was one of judgment which
cannot be questioned even though it shall
appear that the firing was not neces-
sary, if the judgment was honestly
formed and executed.
If the jury find that the prisoners had
reason to believe that the strikers were
about to assault them and that they
Al Of Of G., .
gricvous bodily harm, or of being en-
powered, then they had the right to de-
fend themselves by the use of force suf-
ticient to repel the assault.
If any deputy wilfully, knowingly and
malciously continued firing after the
necessity for firing had ceased and did
by such firing kin Mike Ceslak. he may
be found guilty under the indictment,
but to convict any one, the Jury must
be satisfied beyond a reasonable doubt.
That some person did so fire, and be
able to identify the person.
That he did it wilfully, and maliciously
intending to kill.
That Mike Ceslak was killed by such
person.
As the testimony does not disclose the
identity of any person who fired in the
manner described a conviction of any
of the prisoners would not be warranted
Before any one of the prisoners can
be convicted, the jury must be satisfied
beyond reasonable doubt tnat some
one of them had special malice toward
the deceased, or general malice toward
the whole body of strikers, and Intended
unlawfully to kill some one of tnem
without caring which one.
That such maliciously disposed person
did in fact fire and kill Mike Cesiak.
That the evidence clearly Identifies
that particular person.
That it appears from the evidence suh-
stantially without dispute that the pris-
oners We're lawfully aiding the sheriff
as posse, duly appointed at the time
Mike Ceslak was killed, and that their
purpose was to disperse an unlawful as
semblage, of which the deceased was one
that there was no conspiracy among
them TO do an unlawful act or TO do n
lawful act in an unlawful way. There
fore, the act of one cannot be imnuted
TO the others. Each one is TO be held
accountable only for what he himself
did
The evidence failing to identify the
person who shot Mike Ceslak there can
be no conviction under the Indictment.
Judge Woodward took the points and
will pass upon them later.
The opening for the defense's con-
clusion will be made in the morning bv
Mr. Lenahan, then will come Mr.. Scar
lett for the commonwealth, Mr.. Pal
mer for the defense and District At
torney Martin for the commonwealth.
Judge Woodward says his charge viii
consume about an hour and a half.
FOREST CITY.
w. J. Davis, of Scranton, was a busl-
In 10 he