The times., 1898-03-04
THE DEFENSE RESTS.
Evidence in the Trial of Sheriff
Martin All In


Wilkesbarre. Pa. March 3.-The case
for the defense in the trial OF Sheriff Mar
Tin and his deputies for the shooting OF
The strikers at Lattimer, on September
TO- was 10 all intents and purposes closed
when court adjourned this afternoon. No
more witnesses of the defense will be
called. 4 few of the witnesses for the
prosecution vii! be put on the stand
again tomorrow for the purpose of telling
about the occurrences at the alleged
meeting Of the strikers at Harwood on
the night before the shooting
When They have been heard all the evil
1 dence for the defense viii be in and Mr..
Leanahau win ask that the case be taken
from the consideration of the jury on The
ground that the commonwealth had failed
TO make a case. He will argue that the
shooting was done by posse legally
/ organized to preserve the peace; that the
! shooting was justiiable, because the life
OF the sheriff and the lives Of the deputies
Were in danger. and that the common
wealth had failed to prove who killed
Michael Cszlak, for whose killing the
sheriff and his deputies are indicted, and
that it had failed to prove conspiracy
among the deputies to kill him.
AS ii is unlikely that Judge Woodward
will take the case from the jury, the
closing arguments of both sides and the
4 judges charge will follow. AS both sides
| can make two addresses each, II Is not
! believed that a verdict can be reached be-
fore the middle OF the ensuing week.
John Salem was first called. AS the
mob approached. at Lattimer. he said, the
sheriff went 10 meet them. The strikers
surrounded him and after a parley they
struck at him. The witness heard two
pistol shots behind him. Then he saw
the mob rush toward the middle of the
line of deputies and then came the volley.
! He said no shots were fired after the vol
! ley, and that no shots were fired after
the fleeing men. He had not shot.
Charles X. Haen also told of the shoot
ing. He had fired only one shot TO pro-
/ tect his life.
! On cross-examination. witness repeated
that just before he had fired "a bullet
! had whis'led past his ear coming from
behind. 1t must have come from the mob
as 10 deputies were on that side.
Thomas Hall. Of HaZleton, machinist.
/ was the next deputy called TO the stand.
He said the sherifs instructions TO his
/ posse had been that they sould not speak
/ 10 any mobs they might come In contact
/ with. lie would do all the parleying
! Coming down 10 the events at Lattimer.
i the witness said that he had not shot.
! but he considered the sheriffs life in
danger when the volley came.
on crOss-eXamination, ne replied that
1 he did not hear any order given 10 fire
and did not know who gave it, if it was
I given.
! Sheriff Martin was then recalled and
. said that he mad seen three men AT West
Hazleton with revolvers in their hip pock-
( cts; he could see this because they had
I no coats on
In regard To the statement made that
some Of the men at Lattimer with the
I deputies had never been sworn, Mr. Mar
I tin said that few Of the men from Ha-
zleton had told him that they had not
/ been sW.Tn, but he told them to
: come along anyhow, thus mpressinc
! them into his service.
After Patrick Conniff, tipstaff called
TO the stand, had said that he met the
sheriff on the night OF the shooting in
! Wilkesbarre, and had seen abrasions on
his face and neck, the defense rested.