The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-12-08

The commonwealth's first witness in
the morning was Mrs. Dana I<imball,
who lived near the scene of the shoot
ing, and who saw a part of the affair.
Her testimony, however, was unim-
portant.
William Koehler, who was talking to
JOhn +. Schiller at the time the latter
testiiies he saw the shooting. was next
called and stated that he could not see
the shooting from the point where they
were standing near the coal shed in
'front.' OF hfs house. On account of the
intervening trees, objects on the rail-
road could be only family made out.
AN EYE WITNESS.
Mrs. Dayton Swiugle saw the affair
from distance of three hundred yards.
Meyer beaded Keller off and followed
nm down the track. Keller motioned
Meyer to keep back a number Of times
but Meyer persisted in following him.
Meyer finally made for Keller and Kel-
ler shot. Meyer staggered backward
and then resumed the attack. Keller
then fired three more shots and at the
last one Meyer reoled and disappeared
down the eighteen foot embankment.
When the commonwealth rested at
10 o'clock Mr.. Scragg made a protest
because officer Charles Laun had not
been called. The evidence, Mr.. Srragg
contended, disclosed that Laun was an
eye witness of TIE shooting. having
been in the company of Lemual Jones
at the time. The commonwealth is re-
quired TO call every eye witness, he
argued. and Laun being shown to have
"a n "a in 4 ~,
law be called.
Mr.. Jones answered that he had
called all the principal witnesses and
didn't choose to call Laun. Il have my
reasons for not calling him." he re-
marked.
"Yes, you send your detectives out
and find out what the witnesses pro-
pose to tell. Then you call such as
you see tit."
Judge Edwards cautioned the attor-
neys against making remarks of this
Kind. He then decided that the COM
monwealth did not nave to call Laur.
The evidence could only be cumulative.
the court said, and it was discretionary
with the district attorney to call the
witness. Mr. Scragg took an exoeptjon
to this ruling.
DEMANDED STEEL KNUCKLES.
The defense then made a plunge intn
the very middle of it's case. Mr.. Scragg
arose and with a studied effect made
formal demand upon the district al
torhey for the production of set Of
steel knuckles which We're picked m
at the scene of the tragedy shortly af-
ter its occurrence
Mr.. Jones without objection or COM
ment drew his keys from his pocket and
sent County Detective Leyshon to his
office to secure the weapon. He re-
turned in few minutes and handed
the knuckles to Mr.. SCragg. The lat
ter dropped them-accidentally on the
table. the sound caused thereby being
anything but gentle one.
In opening for the defense Mr.. Harris
held that the commonwealth had fail
ed utterly to prove what it had prom
ised to prove in it's opening ana then
proceeded to outline the theory of self
defense upon which Keller stakes his
life.
George +. stevenson, county surveyor
elect, was the first witness for the de-
Tense. lie identified a map of the ter
ritory where the shooting took place
ana explained it to the court and jury.
Mr.. Scragg also tried to show by tho
witness that it was impossible to see
the place of the shooting from the
shed in front of William Koehler's
house on John street, where the COM
monwealth'S witness John T.. Schuler
testified he stood when he saw the af-
fair. Mr.. Stevenson testified positive
ly that it was impossible on account
of the grape arbors and trees i'm the
rear of the intervening residences 10
see the scene of the shooting from the
coal shed.
MADE A TEST.
Mr.. Stevenson made a test of this by
placing two men at the point where
the shooting took place and standing
himself on the spot where Schuler is
said to have stood. He could only
catch glimpses of the men through the
foliage and could not distinguish them.
Alfred Harvey, the silk manufactures,
madea similar test a few days following
the shooting, and, like Mr.. Stevenson,
testified that it was impossible to dis
tingush anything clearly at the scene
of the shooting from the point where
Schuler stood.
NJ. NJ. Dewitt, the photographer, also
testified to having made a similar test
with like results. He also identified
photographs of the scene, made by him
in August
Wilson Decker, Jacob Ea sterline. Ia
cob Warg and Mark Bishop gave char
acter testimony for Keller. One said
mo" in answer to Mr.. Jones' question
as to whether or not it was a matter
of common report that Keller always
went about armed and that he one
time recently threatened to shoot
George Bingham, a planning mill owner
because he refused to pay Keller some
wages
Byron Davis, father-in-law of the de-
fendant, who occupied part of the house
with Keller told of the dispute over
the pigeons ana of threats made by
Meyer to do Keller If he would come
outside. Meyer, he said, was a yicious