Evening journal., 1898-02-12
THE EDEPUTIES' TRIAL
Defense Claims That Wit
nesses May Be Influenced.
PECUBIARY CONSIDERATIONS URGED.
Dispute Over Admissibliity OF BVdenoe
Relating TO the Kiolsing OF Q Wpund-
ed Striker Results In , DECD
sion For the DepIAles.

WILKESBARRE. Pa, Feb. 12.-When
court opened for the trial Of Sheriff
Martin and his deputies, who are
charged with the killing Of the strikers
at Lattmer, the defense introduced
new feature I'm the cross examination
by endeavoring 70 show that the evil
dence Of the witnesses was Influenced
BY the hope Of securing damages from
the government IN the event Of con-
viction.
Adam Laplnskl was asked what
country he came from. 'Russo-Po-
land" he said. Counsel for the defense
then asked, do you not expect, in the
event OF conviction in this case, that
your country win file a claim for dam
ages against the United Statesy
Il don't know" replied the witness.
did you not read In the papers that
such would be the case?'
Il can't read" said Lapinski.
The commonwealth objected to this
line OF cross examination, claiming that
it was not proper. The defense con-
tended that this mode of cross exam
nation was adopted for the purpose OF
showing that the testimony OF the wit
ness might be Influenced by pecuniary
consideration. The objection was over
ruled.
Mike srochak 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" he said when the firing
began. A man fell dead by my side,
and I dropped. too, instead OF running.
After the volley about eight OF the dep
uties followed the strikers for about 30
yards, shooting all the time"
Martin Laoher gave evidence relative
to a deputy kicking Maier, the wounded
striker, and the defense Immediately
put IN an objection. A lengthy argu-
ment ensued. The contention OF the
commonwealth was that conspiracy
existed TO shoot and kill, and that, ac-
cording to law, all who We're implicated
IN the conspiracy were equally guilty Of
any act performed by one Of them. and
that as the kicking OF the wounded
striker showed malice It was competent
testimony.
The defense oontended that no con-
splracy had been shown to exist, that
the act Of one man could only be con-
sldered as the guilt of that man, and,
as the witness had been unable TO iden-
tlfy the man who kicked Mailer. his
testimony was totally Irrelevant.
Judge Woodward in sustaining the
objection, said. Il put my ruling on
ground which ! consider legally impreg-
nable. Tho proposition in this offer is
to show malice by both declaration and
act by a person who Is not shown 20 be
one OF tho defendants, and after the
shooting occurred"
The jury was excluded from court
during the argument and until after the
decision was rendered. and when they
came IN each was given two weeks
pay In order that they might do some
purchasing The cross examination %
Lachen yxas begun by Attorney Palmer
and the Witness denied that the strik'
ers had Injured a man at Crystal Ridge
80 badly that he died few days later
He also denied telling a deputy that
the strfl1ers were going TO Lattimer &c
raise hell"
MatthiaA Chya said he was about 2OI
yards from The deputies when he hearC
q single shot and was hit in the shoul'
der. This %was after the volley wa.
fred. he showed the scars Of hi
wound to the jury. on cross examina.
ton he denied that the strikers had
forced him TO march with them, ant
also denied that the strikers INTENDED
forcing out the I.attimer men II the.
did Not 20 on strike willingly
Mike Julas. who was shot through tn
body at Lattlmer and who Is still yer.
weak andAsclS, said that when tho strik
ers halted. he heard some deputy CIV
the order to fire. He at once ran, bu
had gone only few steps when he wa
hit aud fell. The ball struck him In tn
back, pierced his left lung and came on
an inch above the heart. He Shove
the scars TO the jury. on cross exami
nation he denied that he had shoute
10 the sheriff, I'VE must kill you. yo
-- sheriff.
John Derock also testified that h
heard a command 20 fre, but could nc
tell who gave It,
Court adjourned after the cross exam
nation.