The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1899-12-20

| o clock Monday morning, IS minutes
after the time set for convening. and it is
presumed that they were unaware tha;
the csse against Weller had been disposed
Of When the jury appeared the clerk
called the roll, when the following Jurors
responded To their names:
l. X. Manges. Albert Flick,
g. E. Mostoller, o. NJ. Crosby,
Jacob HiIe, Henry Dinges
Alex Trent, Geo. Rittner.
thancey Pritts, L. J. Miller,
Samuel Fritz, Jacob Lenhart.
The jury was then sworn. after which
District Attorney Meyers opened the case
for the Commonwealth in substantially
the same language employed in opening
for the Commonwealth against Weller.
The witnesses. beginning with the
widow Of The murdered man, were called
In precisely the same order as in the
Weller case, and their testimony WAS
substantially the same as at the trial Of
Weller, until the point was reached
where the Commonwealth placed Weller
on the witness stand.
THE DEFENSE
When court met yesterday morning
Mr.. Kooser opened for the defense. In
his address TO the jury he clearly out
lined the theory that would be set up
and on which the defense would ask for
a verdict acquitting the defendant Of the
crime charged. He pointed out that the
Commonwealth had failed to produce
the hat Of the murdered man. an import
ant factor either for or against the de-
fendant,as it must necessarily have borne
evidence eorrObOrsting the claim Of the
Commonwealth that Glessner had been
struck several blows on the head. Furth-
er along he declared that the evidence of
the accomplice Weller and the survey of
the ground about the scene of the muir
der would require the defendant 70 have
travelled nearly If not quite quarter of a
mile struck his victim 70 the ground.
rifled his pockets, and ruled his heavy
body up an incline to the side ofthe road,
in the space Of five minutes. He referred
TO flat contradiction of the witness
Anawalt by the accOmplice Weller, who
declared that he had told Sheets at the
hitching post in front of the Mansion
House that Glessner was dead, whereas
Anawslt testified that he overheard
Sheets tell Weller ''onr man is dead" in
frontof Philson's store. The absence of
the money shown to have been in the
possession OF the murdered man WAS also
referred 10. In concluding. Mr.. Kooser
said the defense would show that the de-
fendant was insane and irresponsible for
his actions.
Defense first offered the information
charging parties other than Weller and
Sheets with the murder, which was over
ruled, when John Glessner, a son Of the
murdered man, was called % testify that
information charging Rufus Diveley and
Lex. Gerhart had been made before
Justice OF the Peace.
John Sheets, father of defend ant, testifi-
ed that be never considered Milt men
tally sound" and cited an instance when
Milt took dish of baked beans from the
dinner table and fed them to some young
chickens.
Harry Sheets, brother, testified that
Milt acted so strangely, when employed
by witness at Greensburg, that he had TO
send him home.
Reade Marshall said that he never knew |
a sane man TO act in the way he had |
seen defendant perform. He cited an in
stance where defendant had called him |
into a restaurant, kept by defendant in |
Berlin, when he loaded Flobert rifle and |
shot it off in lis mouth. catching the |
bullet with his teeth and tongue. Another |
time when witness and defendant were |
hunting. defendant asked witness if he
(Sheets should shoot q COW. Witness /
said that defendant would break out in
boisrerous 6ts of laughter when there was
no occasion to laugh. 0n cross-examin /
alton witness said in reply 10 the ques-
tion: do you think the defendant had i
sufficient mind 70 know that it was wrong |
to rob and murder a man?r that he be-
lieved be had.
other witnesses examined related queer |
actions Of defendant. but few Of them |
were willing 10 say that Sheets did not |
know what he Was was doing when he |
robbed and struck Glessrer.
Among other acts of the defendant by |
which ii was sought to show that he is in
sane was a habit he manifested of run |
ming away al rapid spec from his CON-
panions without reason, fiavoring a stew |
of oysters Tor a customer with kerosene, |
and shooting at plate of oysters he had |
served for a customer in his restaurant. |
The defense announced at $3.50 o'clock /
yesterday afternoon that their evidence |
had all been submitted, when the Com /
nonweslth called dOz en- or more wit |
nesses in rebuttal, all Of whom testified |
that they considered the defendant sane.
while one or two admitted that he was
what is known as a wild boy"
AT six o'clock the evidence had all 1
been submitted and the case was 70. mall
IL declared closed.
The arguments to the jury viii be made 1
this morning A verdict is not looked /
for before tonight or Thursday morning. /