The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-04
IlTTIMER TRIAL ENDING.
.rvcE CLOSES IT'S CASE F0R
DBftbSSrr MARTIN AND DEPUTIER.
r.rroboratIvo TeStimony 81 the sher-
gurther ....rt,or That Hts Life Ne Well as
m' re-. or Hts Deputies wee In Danger
an. Posse Fired on the strihsrs

PHf'n ....rtion That His Life as well as
m" -, or His Deputies wee In Danger
the an, Posse Fired on the strihsrs
-..,,ppE Pa, March 3.-The case for
MiL.NNn.. In the trial OF Sheriff Martin and his
the deie", ,r m. shooting of the riotous strik-
oepu,N T.,timcr on Sept. 10 last was closed TO
ss ,nts and purposes when court adjourned
hi..rroon. No moro witnesses for the do
ts IN, ho called, ard only q few OF the wit
fence a.. rho prosecution will be put on the
ne'se' ain tomorrow for the purpose OF tell.
ttahu . rho occurrence at the alleged meet
pS . ,,r,tcrs Mt HARDWOOD on the night before
ms ,,s Tho testimony Of these witnesses
INC hOord ut the preliminary hearing, and tho
N,,, Tor the defence to-day asked that their
h.i,or, he admitted from tho records OF that
VIZ b,. ns the Commonwealth objected
N- Iii have to be put on the stand.
"I T,or they have boon heard, all the evil
"H-,i be in, aud Mr.. Lenahan will ask
~. ,hs case be taken from the considera-
~" =, tho Jury on the ground that tho Com
p y : had failed to make out a case. He
y, .ro,o that tho shooting was done by q
Nm legally organized to preserve tho peaoo,
~. .hs shooting was justifiable because tho
.A' n. sheriff and the lives Of tho deputies
he IL danger, and that in addition the Com.
NeN-..,,h has failed to prove who killed MI.
I s, r,.,,sk for whosed cath the Sheriff and his
"o,o, .rc indicted, and also hat It had
W. n prove a conspiracy among the.depu.
~ >, mi him. As 1t is not at all likely that
-. woodward will take tho case from the
sNr m. closing arguments Of both sides and
y" ,,dco,s charge will follow. As both sides
Wv s r.Ie two addresses each. It 10 not be-
y,rsd that a verdict can DO reacheo potore tho
,rhdle Of the ensuing week.
nnIv three more deputies were called to the
,,.ra to-day and examined, and Of these only
AN, admitted that he had fired at the strikers at
y.,tmer. John Salem, q clerk In q tea house.
-, called first. When the deputies got to
,.,,,m,r he said they first formed a horseshoe
across the road, but tho Sheriff told them to
Nm. nm alongside the fence and they did 80.
When the mob approached, tho Sheriff, with o
c.n.r In his hand, went up to meet them. Tho
strikers Immediately surrounded him. He
,,k.d them where they were going. They
r,I,ed back some reply that the witness could
~. hear. Then the Sheriff reached over and
,r,bbed for q man in the third or fourth rank.
Other men tried to get hold Of the Sheriff and
bs.vss pushed to tho side ofsthe road. Tho
witness stood back against the fcnce when sud-
denly he heard two pistol shots behind him.
Tssn he saw the mob rush toward the middle
n the line VI deputies and then came the volley.
Il was all over before the witness got bach into
ihe line OF deputies.
rer when the shooting beganf' the witness was
Eyes, I did," he replied. IT saw two mon go
for him with revo!vers and another with q
A" "Eid Won think the posse was in ~dangerf'
"Yes; the mob had got of the road and was
Were there any shots fred after the volleyi"
We're there any shots fred after fleeing
,u.n!' ~.
Did b you SOC Mr.. Raueht go on tho trolley
YES; no went there to take down q wounded
did you shooti"
NO, Sir, / did not get a chance to shoot"
Charles J. Haen. a clerk for a. Pardee d CO.
iar n Ut the Encounter Mu9 at tH West HazIeton between
fa deputies and the strikers the witness came
down to the occurrences at Lattimer. When the
thsre, tho witness said, they lined up along the
fence. The Sheriff went out TO meet the strik-
en-, holding a paper in his left hand; He
itnkers gct. around him. Revolyers were
pointed Of him and a man made q dig with o
knife at him. The witness heard q shot from
behind hin him and a ,sb bullet .ov whiSt .Sa R ins his ds
deputies and the witness raised his gun and
trd, He fired only one shot. S"'
" .TSs did you teer' u asked NJ; La1 ,sht q, ,,s
SSsht II didn't fire they would kin me.
On erossexsmination the witness repeated thai
bast his ear coming from behind. 1t must have
come from the mob, as no deputies were on that
lde. When the volley, was, fired the strikers
When you pointed that gum. your design
was to kill, WAS 1t noti" asked Mr.. Martin.
NO. sir, 1t was just an excitement shot. !
fired without aiming"
Thomas Hall of Hazleton. a machinlst by
hade, was the next deputy called to the stand.
The sneriG's posse. and had only chosen such
q he knew to be respectable, trustworthy mon.
he was sworn in with the other deputies by
asud Of a e co nlpaay The The 'sherif's instruc-
ton to his posse had been that they should not
speak TO or argue with any mobs they might
come In contact with. He would do all the
proclamation TO them.
III" the Sheriff ordered, however. you see
ny he or yours in danger. 1 want you to
Coming down to the events at Lattimer, the
witness said that the Sheriff had ordered the
equities to line up, alongside the fence. The
u me mob was coming over the hill. He
net them and commanded them to halt. Then
Ee reached INTO his pocket and got out n paper.
Ihere was q great deal of confusion. and the
witness saw the Sheriff reach for "A man. They
al seemed to make for the Sheriff and got
t NJ him. They pushed him t, the side of
we road and made n break for the deputies.
Mhen they were within fifteen feet of the depu-
yes there was a volley. Before the volley two
feSSG q shots rang out behind the deputles;
~ pld you consider your own or the Sheriff 8
As IN %danSeri' Mr.. Lcnahan asked.
say In my estimation" replied Mr.. Hall.
., me was a goner. My Idea was that the strik.
was there any shooting after the volley or
No. SIR"
Ibid you shoot at alll'
NO, sir. | did not"
IN sross'examination the witness replied that
10 ad not hear any order given to fire and did
no Know who gave 1t II 1t was given.
WA, st ne had seen three men at West HaZleton
mltl reviewers In their hip pockets. He could
&c this because they had no coats on. In re-
halu 70 the statement made that some of the
fnen az Lattimer with the deputies had never
Ueeh sworn; Mr.. Martin said that a few of the
men lron.llazletOn had told him that they had
ss oeen sworn, but no told them to come along
nAlier Patrick Connect. a ~tipstaff. called to
Me stand. had said that lie had met the Sheriff
IA tne night OF the shooting In Wilkesbarre and
~ y seen abTasions on his face and neck, the
ueience rested.
W. Mhen The Sun reporter asked Mr.. Lenahar
Nv! the defcnce had closed It's case so ABRUPT
saw without calling moro deputies to the
ny testimony, could only be cumulative. The
bayS1eSsIil9n had not made out a case in that II
aaa lalied to prove who killed Mike CZeslak
jna "i9se murder the Sheriff and deputies wer,