The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-13
IATTIMER DEFENCE PLANS.
oorysEI FOR SHERIFF MARTIN AND
o Worried.

$3.50 p,,,, Open to Them to Secure the Free
bshS T,.,r C~itents-Their Probable Course
.--... vuuras for tho Prosecution who
-'s...o, rbnt sido In hts Testimonr.
..-sr,ppr. Pa, Feb. 12.-It is quite pos
W., flor all tho testimony for the Com
sNn.aI,h is in the defence in the trial Of Shcr-
a,..,in and his deputies for the shooting Of
~ n,o,ous strikers at L.attimer on Sept. 10 last
= ~. to- n dismissal Of the indictment against
y" Attendants on the ground that the prosccu-
s 10 failed TO show that Michael CZcslak
w. t,,Ied nv some one certain deputy. The In
"...n,s charge the Sheriff and his deputies
I' Nv with having killed this man., and now
=. t,uvers for the defence sny tho Indictment
= ,.r,,v. To secure q conviction the killing
-r,t be brought home TO some person.
rarmcr Senator c. W. Kline, one OF the law
-, ,or the defence, in speaking Of this phase Of
~. case % THE Stu reporter this morning,
said: ~
amy m the part OF the defendants, for no case
h.. been made out against us, and we are conf.
h,nt NJ an acquittal. The Commonwealth has
40, Nc vet proved that any one single deputy
tiIIed any one OF tho strikers, and hence until
n proyes this very necessary fact It's case
,oiis II must make out a case to prove
thar some particular deputy killed Mike Gees
~ Tor whose alleged murder the Sheriff and
~, IDENTITIES nro being tried. The Common
-,.I,h has failed thus far to do this. failed ut
terly. and l hardly think 1t will be able to do
N I'nder such conditions It would not be nee
..sary for us to put a single witness on the
.,.nd. as no case has been made out against
rs.
..shouId a case, however, be made out, the de-
fence will argue for a dismissal on several fun
,Aanental principles of law. 1t will show that
tho Sheriff is empowered by law to take what
measures he sees fit to preserve the peace. He
has in certain emergencies the power OF q Judge
and can DO no moro held responsible for a mis-
take than q Judge can be held responsible. who
makes O wrong decision. lie can summon
avery person over 10 years of age as q deputy,
and II such,a person refuses to act, he can be
fined or even imprisoned.
.Should these points Of law not prevail and
the defence be obliged TO put witnesses on the
stand to d6is lISr w thG a aboS hon t 81 te str Gom.
were warned again and again by the Sheriff
not 10 go to Lattimcr and even there were told
10 turn back and warned Of the results that a
refusal would entail. They will show that tho
Sheriff and his deputies were justified in shoot
ing and that the strikers were armed when they
arrived at West HaZleton with sticks and clubs
and iron bars and only threw them away when
they saw that the deputies were armed and able
70 cope with them. 1t will. moreover, be shown
that the statement made by almost every one of
the witnesses for the Commonwealth that at
the meeting held in HARDWOOD on the night previ.
Gus to the, the march ma TO-, 70 L sho,1s "a motion was
no basis in fact; that no such resolution was
ever offered, thought OF. and much less passed.
fence will show that after the sheriff had
warned the strikers to turn back they had him
down on the ground and surrounded him. Then
the other strikers rushed past hima and charged
on the deputies. 1t was then a question whether
the deputies should run away, have their guns
taken away from them. or shoot. They chose
the latter. 1t will be shown thai the strikers
had agreed among themselves TO make a rush
upon the deputies and to take their guns away
from To1 them cnncs sfd dth hat, 10 t rush pas. the Sheriff
In this mornings session the prosecution was
again unfortunate in putting a witness on the
stand who. on crossexamination gave testi-
mony corroborating the contention of the de-
fence that a state OF fear and apprehension Of
the strikers prevailed among the people in Latti-
Mary Kohler, q servant in the family Of a Mr..
Williams In Lattimer. The prosecution asked
what had been the. demeanor OF tho strikers
when they approached Lattimer on the after
at was peaceablee.." replied the witness.
On cr~oss-examination Mr.. Lenahan asked
."You say you stood outside of the house., but
yhen you saw the strikers coming you went in.
"Yes, sir"
Wasn't 1t because you and all the other peo-
PIC In Lattimer were afraid of the strikers be- !
cause OF their behavior there on the Tuesday
Yes, we were all afraid. and some people !
Then why did not you run awayf' asked Mr..
LSenahan; The girl h~esltated and finally said
ehe couldn't because, because"
NJ Ws aei ia M came to her aid and said:
ABOUT 70 be confined. and was half frightened
10 death, and you did not want to leave heri"
reason" ~ 'n"' "a' ''ho
sOtherwise .you would have fed, as many |
S!ner people in Lattimer did. as, for instance, |
Sfs; Sase; who fled to the mountains with her |
Yes, sill" replied the witness.
seeine what a badImpression upon the cause
Of inc prosecution the girls statement was maxi
c els WI; McGahren thought 1t about time to
SnaHge inc current, and interposed.
GU saw the deputies with guns there. Were /
you not afraid OF themi' ~
No. 49, SIR, / saw no reason why should be-"
1LI'ins The proposition home, that ali the p.o,
Rb.eo a. a Lattimer were frightened when they
Aeavu that the strikers were comingi"
.AeesSi IN, tme people were frightened"
~ the whole community in a state Of fer
sr because they had seen what Inc strikers
mere capable OF when they had been in Latti.
ue .y on ,he Tuesday previousr'
tr ~ O. GU were afraid that the strikers might en-
"t.yyour mouse, were you noti'
Before Miss Kohler went on the stand Mil.
gave the nhI wcI Gyana, and John ,Petruska
Fences at West Hazleton and Iattimer T6eir
inSa my y shcd no new light on these happen.
from thyaha testimony differing only. SLIGHTLY
some e ons Ji the Others in that he said he heard
u Is expected that an of ncxt vesk ill ;.
wi the prosecution. "i'neSses