The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-02-12

Admit Testimony Tending, to show
That There was a Conspiracy Among
tho Deputies to Shoot the STRIKERS.
wILKEsBARRE, Pa, Feb. 1.-THE
defense injected a new element into the
Martin case at the beginning OF to-day's
session by trying 10 show in the cross
examination that the evidence was In
come cases Influenced by the hope of
securing damages from the government
In the event OF q conviction, 200
Adam Lapinskl, who was on the
stand when court closed last night. was
asked what country he came from.
Russo Poland" he said. ID
Counsel for the defense then asked:
do you not expect, In the event OF n
conviction In this case. that your coun-
try Will file a claim for damages against
the United States?"
~ don't KNOW" replied the witness.
ibid you not read In the newspapers
that such would be the case?'
II can't read" said Laplnskl.
The commonwealth objected TO this
line Of cross-examlnatlon, claiming 1t
was not proper.
The defense contcndcd that this line
Of cross-examinatlon was adopted for
the purpose of showing that the testi-
mony OF the witness might be Influenced
by pecuniary consideration. The objec-
ton was overruled. 5
The witness was then asked: Did
anybody tell you, or read to you from
the papers that you would get money
from the government II the deputies
were convictcd?"
mo. sir; don't know anything abou.
it" said the witness,
Thomas Paris, the next witness, told
the story Of the march to Lattimer He
said the men were unarmcd and or
derly. and that they Intended to make
no trouble. He stated that he was
standing near the sheriff when the line
OF marching strikers was halted. He
heard the sheriff say they could not 20
on to Lattlmer. AZ the first shot Paris
said he ran, but was struck by bull
let when he was about fifty yards from
the deputies. The ball struck him in the
back OF the arm, and passed through,
while some OF the bullets pierced his
coat. He was struck. he said, by one
of the shots fired in the voiley.
Michael Srochak followed Paris on
the stand. He told how about eight OF
the deputies had followed the fleeing
strikers at Lattimer and shot at them
as they ran. II was standing near the
deputies said he, when the firing be-
gan. a man fell dead by my side and
dropped; too, instead OF running. After
the volley about eight OF the deputies
followed tho strikers for about thirty.
yards, shooting all the time.
Andrew Maier. who lost his leg in the
shooting Mt Lattimer. came into the
court room on crutchcs. His rlgh. leg
Is OFT few inches below the hip He
said that he was not at West HaZleton
but Joined the strikers further on and
marched to Lattimer. He could not
tell anything about what the sheriff
said or did at Lattimcr. He was stand
ing In the middle of the line when the
shooting commenced. and started to
run, but got bullet In the leg and
dropped. He saw lots OF others drop.
too. Maicr said the shooting continued
for couple of minutes after he was
shot. He said he was out OF his mind
for couple of weeks artcrward.
The last witness of the morning ses-
sion was Martin Lachar. He said that
when he was at West Haz!eton one OF
the deputies had taken hold OF him,
pushed him around and cursed him. He
told how he had seen one Of the depu-
ties at Lattime: kick Andrew Mailer as
the l'tter lay In the road with his leg
shot almost OF.
The defense objected to this evidence
on the grounf that the shooting was all,
over, when the kicking Is alleged to:
have taken place. and the dcput. who
kicked Mailer had not been Identified.
The argument was to the admis.
sion OF the Lacher's teEs:aony relative
&c deputy kicking Ma..r. the wounded
striker. The commonv.-ilth's side was
argued by District Attorney Martin
and Attorneys McGanren and Scarlet.
While Attorneys Lennhan and Palmer
spoke for the defense. The contention
OF the commonwealth was that CON-
Spiracy existed to shoot and kill. nnd
that. according TO law. all who were
implicated in the conspiracy were
equally guilty of any act performed bv
oac OF them. and that as the Kicking of
the wounded striker showed malice II
was competent testimony.
The defense contended that no con-
spiracy had been shown to exist: that
the act OF one man could only be con-
sldered In the guilt OF that man as the
witness had been unable to identify the
man who kicked Maier, his testimony
was totally Irrelevant.
Judge Woodward in sustaining the
objection said: II put my ruling on
ground which / consider legally I'm
pregnable. The proposition In this offer
Is to show malice bS both decIara-
tlon and act by person who Is not
shown to be one Of the defendants and
after the shooting occurred"
The jury was not admitted 10 cour.
until after the decision was rendered.
and when they came In cacN was give,,
two weeks pay In order that they
might do some purchasing.
The cross-examination OF Martin
Lacher was commenced by Attorney
| Palmer and the witness denied thai the
strikers had injured man at Crystal
Ridge SO badly that he died few dnys
later. He also denied telling deputy
That the strikers were going to Iatti-
mer to raise hi
Matthias Chya said he was about 200
yards from the deputies when he heard
| n single shot and was hit In the shoul-
der. This was after the volley was FIR
| cd. He showed the scars of his wound
| 10 the jury. On cross examination he
denied that the strikers had forced hin,
to march with them. md also denied
that the strikers intended forcing ont
the Lattlmer men II they did not go on
strike willingly.
| Mike Julns, who wns shot through the
body at Lattimer and who Is stIl very
weak and sick. said that when the
strikers halted he heard some deputy
| give the order TO fire. He at once ran.
but had gone only n few steps when he
| Il fatt i,,Nn n