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


would be acquittal.
ONLY AN INCIDENT.
The case. he said, should not be tried
ON things incidental to it. The pigeon
affair was only a mere incident to the
case. 1t was not what aroused the
vlciousness of Meyer. There was some
thing else ranking in his breast and he
only seized upon the pigeon incident as
an excuse for wreaking his wrath on
Keller The case actually opened. he
said,when Keller saw Meyer come upon
the railroad track. Keller had forgot
ten all about the trouble with Meyer
and Bender concerning the pigeons. 1t
was something that had been dismissed
from his mind altogether.
At the sight of Meyer running up the
bank and stopping just ahead of him
and waiting for him to come up, ne
was seized with fear. The thoughts or
the threats which Meyer had made
came back to him. lie was at loss
as to what to do. To retreat back over
the trestlng would be a dangerous pro-
ceeding. he thought. His foot was lame
and he could not get across until Meyer,
who was an athlete, would he upon
him.
70 encounter Meyer on the high ana
narrow trestling could have but one
outcome. His powerful antagonist
could throw him over the edge anu
dash him to pieces on the ground
thhtytive feet below. He resolved up
on trying to pacify Meyer, ana with
this purpose in view went ahead, d,hoplng
to parley with him, at al events. TIL
he could reach the round-house. short
distance ahead, where he could secure
protection.
When Meyer moved towards nm ana
renewed his abuse and threats, Keller
tried to conciliate him. Meyer would
not be reasoned with. but only grew
the more abusive. Keller kept going
towards the round house. meekly swal-
| lowing Meyers abuse, and from time
to time crossing from one side of the
track to the other to keep out of arms
! length of his threatening tormentor.
! Finally, Meyer struck at him. He
warded off the blow and retreated.
| Meyer came for him again, and as he
| could not retreat farther on account
| Of having reached the edge of the
| twenty-foot embankment, drew his re-
volver and fired toward the ground i'll
| the hope of deterring his assailant from
| Il further attack. Meyer was not de-
TERED but came on again. this time
/ holding in his hand weapon which he
/ had drawn from his pocket.
SUN IN HIS EYES.
The sun was shining in his eyes and
| glintng on the weapon which Meyer
held. Keller thought it was a revolver
and, believing that it was his life or
! Meyers. he raised his revolver again
and fired until Meyer fell.
Had Keller slain Meyer with the first
shot, Mr. Scrasg argued, there would
| be no question of his innocence in the
! mind of any fair man. The circum-
| stances, Mr.. Scragg said, not only JUS
titled the three succeeding shots, but
made these latter shots strengthen the
| theory of selfdefense.
Had it been that Keller was in a
| murderouS mood he would not have
paused until he had emptied the five
chambers Of his revolver. or at least
until he had laid his man low. If he
was not in peril he would not have re-
sumed the shooting.
Mr.. Scragg characterized Meyer as Il
| lawess, violent, reckless daredevil. He
sought the quarrel which ended In his
| death; if he had stayed at home he
| would be alive today.
District Attorney Jones began by ar
suing to the jury to eliminate the ele-
ment of sympathy from their consider
alton of the case. The evidence alone
must guide in finding a verdict. No
matter what the consequences may, be,
the jury must take the evidence and
law as the lights which will direct them
in their finding and nothing else
| n
cred grave, with four ugly bullet holes
in his body, Mr.. Jones went on to say,
cries out for justice. The law has been
violated and it also demands a vindi-
cation. Jurymen should do their duty.
Because jurymen have been doing their
duty of late in this county we have less
spilling of blood than formerly.
; TWO TO ONE.
In Luzerne county there are two mur-
ders to one in LackawannG. The mur-
, der of Michael F. COrcOran could not
have occurred in Lackawanna county
The known fact that LaCkaWanna
county jurymen do their duty would
have deferred even those reckless men
; from their ruthless work.
Dealing with Keller'S character, Mr.
, Jones said. it was remarkable that the
defendant had to bring relatives to give
character testimony in his behalf. His
shooting of the pigeons on the Sabbath
his pointing of gun and threatening
Meyer and Miss Bender, and his car.
, | ryng of a revolver strapped about his
, | waist when he goes out for Sunday
? visit We're pointed to as side lights or
his character.
There wasn't bit of evidence in the
case Mr.. Jones pointed out, that Mey,
4 er had struck Keller Even the defen
q | dant himself did not claim that Meyer
struck him. The evidence of the lit
n tie children, the Price brothers anC
, young Haus and the two Pilger girl
!, was worthy of belief, Mr.. Jones con
i tended. They all agreed in every par
: ticular and the evidence of children
c as experience has shown, is general!
credible.
The law permits Il man to strike II
his own defense, but il must not III
o disproportionate to the assault upoi
4 him. Keller was not satisfied Will
G killing his man once, If such might n
said. but killed him again. The pro
q vocation was wholly insufficient for tn
n taking of human life. Keller cOul,
{ have retreated when he saw Meye
). ahead of him. But he did not want t.
n retreat. He invited an encounter. II
= was prepared for a meeting with Mey
n or.
y BELIED KELLER's STATEMENT
d The marks on the body. Mr.. Jone
# argued. belied Keller's statement tina
e 'he shot low. Every one of them wa
l. above the waist line and it was pre-