The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-02-04

Wilkes Barre, Feb. 3.-The hearing
of evidence for the commonwealth was
begun in the Martin trial today.
After the court had overruled mo-
ton by the district attorney that the
Jury he taken to view the scene of the
shooting at Latimer. Attorney McGah-
rem made the opening address to the
jury. He told them they would have
10 decide upon the rights of men to
march peaceably upon the public high
way, as we'll as upon the duties of the
sheriff. He explained the different de-
grees of homicide, and said If it was
proved that any of the deputies had
threatened to kill the strikers they
should be convicted of murder in the
first degree. The lawyer reviewed the
movements of the strikers on and be-
fore the night of the affray, and said
IT would be proved that when the
deputies set out to intercept the march,
ers one of them remarked:
I'll bet I'll drop six of the strik-
ers'
Another said: II hope we get a
chance to take pop at some of them"
and a third, Edward Turnbach, said:
What does the sheriff mean by march,
ing us around in this way all day
without giving us a chance to shoot?"
After dwelling on the fact that the
marching miners were unarmed, the
attorney came down to the meeting
between the two bodies of men. He
said the sheriff stopped the strikers,
and, without any words of explana-
ton, drew his revolver and placed it
at the breast of the fiag-bearer, who
threw up his hands and jumped back.
The sheriff snapped his revolver, it
finally exploded, and the man dropped.
Then the shooting commenced and con-
tinued for some four or five minutes,
some of the deputies emptying their
guns. / will not say that all did. Some
Of the men We're killed at a distance of
five hundred feet from the road, and
nearly all were shot in the BACK.
We will prove to you that 10 men
We're killed ard 3S wounded. Joseph
Costello. who went to aid the wounded
met a deputy named Hess, and when
Costello. coming upon the dying man
said: 1T is a shame; it is an outrage,
Hess exclaimed: If you say another
word I'll treat you in the same man.
ner.'
When we have proved these facts
20 you we shall say, and we shall ex-
pect his honor to say that these mer
had a right to organize, a right tC
march, and a right to use the public
highway. We will then expect you tC
do your duty and to vindicate these
men, and find the defendants guilty
THE FIRST WITNESS.
Andrew Sivar was the first witnes.
called. He is a Hungarian, but speaks
N iCh Ia 4 ~
OF Mike Cozlak, saying that he saw him
lying dead on the road at Lattimel
with bullet in his head. He told il
detail of the march from Harwood tC
Latimer; how the sheriff had me-
them at West Hazleton and told then
to disperse, and how the chief of police
had said to them that they could marci
through the side streets. The depu
ties then got on the car and when tn,
strikers reached Lattimer the deputie!
were lined up alongside of the road
Witness saw the sheriff draw his re-
volver and heard it snap, and then tn,
shooting commenced, and the witnes,
dropped to the ground to avoid beinl
shot. Witness said there was first on,
shot, then two, and then a volley.
John Swar was severely cross-ex
amined in the afternoon by Attorne,
Lenahan, but he made an eXcellen
witness, kept cool, replied slowly, de
lberately and strengthened his stor,
IN chief by the numerous details which
the defense ELECTED. He remarked a
one period of the examination that h,
could not understand high-toned Eng
lish, meaning that he did not know tn,
meaning of some of the big words uset
by Attorney Lenahan. This gave th
defense an opportunity to air il
humorous views and the common
wealth objected very decidedly. sayinl
TO the court that the case was of sucl
Importance that it should be conducted
with dignity and there was no occa
sion for buffoonry. The court repri