The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-12-09

At 410 o'clock yesterday afternoon
the jury in the Keller murder case re-
tired to pass upon the guilt or inno-
cence of the accused. All but one hour
of the day was consumed in the ar
guments to the jury and the charge
of the court; Mr.. Scragg closing for
the defense and District Attorney Jones
for the commonwealth.
The feature of the day was the intro
duction by the defense Of the testi-
mony of Mrs. Joseph Kizer, who sworc
TO having heard Meyer make threats
to kill Keller as he was on his way to
head him off and also that she saw a
police officer remove Il set Of steel
knuckles from the hands of the corpse
as 1t lay on the embankment.
The defense rested after putting on
one witness in the morning. The wit
ness was Frank skinner who met Kel-
Ter as he was about to go on the rail-
road track and had short Convcrsa-
ton with him. Mr.. skinner stood
watched Meyer following Keller down
the track. He heard Keller tell Meyer
to keep away; that he did not want
to have anything to do with him. Al
the switch Meyer made a pass at Kcl-
Ter. The latter stepped away and drew
threatening manner ana Keller fired.
THE FIRST WITNESS.
Philopena Bender was the first wit
ness called for the commonwealth in
rebuttal. She, it will be remembered,
was the fancee of the deceased. She
identified photographs of her dead lover
and they We're offered in evidence. The
photographs would indicate that Meyer
was not the big, strong. athletic fellow
that the witnesses for the defense had
pictured. He was short and stocky and
would weigh probably 155 pounds.
County Detective LeyshOn was called
In rebuttal to support the testimony
of John l.. Schuler, which the defense
attempted to dscredit by a raft of
testimony to the effect that the scene
of the shooting was not visible from
Koehler's coal shed, where Schuler
stated he stood.
Mr.. Leyshon also stated that Mrs.
Sol Burge. the star witness for the de-
fense. told him a few days after the
killing that the threats which she heard
Meyer make were not directed par
ticularly against Keller and she at the
time thought he had reference to some
body in his own house with whom he
had some trouble.
AS to Lizzie Slack's testimony, Mr..
Leyshon said that when he interviewed
Miss Slack at Mrs Burgess house, the
Slack girl was very diffident about Civ
ing her story and would only say that
it was the same as Mrs. Burgess. Her
story on the witness stand differed from
Mrs. Burgess testimony in many re-
SoectS.
The county detective also said that
he had a conversation with officer
Lown and that the officer told him he
met Keller on his way towards the
railroad and that Keller said: 'Well. if
Meyer is looking for trouble. he'll get
enough of it before the day is over"
ON SS-EXAMINATION.
On discrimination Mr.. LeyShOn
denied that he had told Mrs. Burge
not to testify as it would hurt tho
commemorative case. or that he had
told Skinner that he was wanted by
the commonwealth to testify that Kel-
Ter had once killed a priest.
Mr.. Scragg asked a number of ques'
tions tending to impeach the county
detectives veracity and to show thai
he was unfair in his prosecution of the
case.
The commonwealth rested here, anC
with the permission of court, the de-
fense put on in direct examination {
witness who was discovered only tn,
night before, 1t was alleged a Mrs. 10
seph Kizer, of Gypsy Grove. She swor,
she met Meyer when he was goins
down the alley, as if to head off Kele
and that Meyer declared in her pre-
sence that he would kill Keller or Kel
Ter would kill him before the sun Sc
that day.
After the shooting, she says, she wen
To the scene and, while standing on tn
railroad bank, she saw an officer VIII,
had come there on horseback go dow
the bank and take a set of steel knuck
les of the hands of the corpse.
District Attorney Jones gave her
scathing questioning on cross-eXamina
ton, going so far as to ask if she ha,
not received money for coming dow
and giving this testimony, to which, o
course she gave an indignant mo"
She happened to be visiting her moth
er in Little England that day and wa
standing near the front of the hous
which adjoins Mrs. Burgess house. TIL
conversation in which the threat re
ferred to was made was directed t
Mrs. Burge. the witness said. Sh
avOwed that she never spoke to an
one about what she had heard unit
Mr.. Spencer came to her house yesteI
day morning 10 subpoena her. She wa
positive as to this.
DID NOT IDENTIFY HIM.
ON cross examination she declined I
indentify Mounted officer Steve Dye
as the officer whom she saw remov
the knucklcs from the corpse.
Officer Dyer was called to the stan
by Mr.. Jones, and after 1t was show
that he was mounted officer and tha
1t was he who found the steel knucklc
he testified that he did not take theI
from the hands Of the corpse, but picl
ed them up about four feet frol
the body, at a point between the bod
and the railroad track.
The presentation of testimony ende
here and Mr.. Scragg suggested thu
the jury be taken To the scene of II
tragedy and have the territory explain
to them. Mr. Jones objected to tn
and Judge Edwards sustained the ol
lection. saying that he believed it
be a bad practice in homicide cases.
At 10.45 Mr.. Scragg began the closir
argument for the defense. He co
sumed the remaining portion of Il
morning session and continued i'm Il
afternoon until 2.05 o'clock. II was
earnest, logical plea. He did not a
tempt any oratory or dramatic wor
but confined himself to plain straigh
forward review of the testimony fifth
1t as he went along to the theory
which the defense takes its stand al
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