The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-06-06

The defense in the Biliott murder
case was entered upon yesterday af-
tornoon, and, as thus far developed.
follows exactly the outline given In
yesterdays Tribune. AS Mr.. Martin
put it in his opening address. the COM
monwealth has arrested the wrong
man and at all events. whoever did
the stabbing, did not kill Herbert. the
death being due to the improper sur
gical treatment the wounded man re-
ceivcd.
The commemorative case was ma
terally strengthened by eight wit
nesses examined yesterday morning.
The first of these witnesses was
Henry Herbert, father of the deceased.
He told of his wounded son coming
home alone, after the stabbiug: the
immediate summoning of DR.. Day to
attend him and the efforts of the ply
sicians to save him. He also gave a
description of his sons physique. and
told of his being strong, active and
healthy.
Alderman S. S. Jones. the next wit
ness, testified to taking Herbert's dy-
ing declaration. The statement was
taken on Wednesday night at the
hospital. after DR.. Wheeler had told
Herbert he was in imminent danger
cf death. 1t reads as follows:
HERBER'r'S STATEMENT.
! am suffering from stab wound inflicted by
an Italian whom | know very we'll by sight, but
do not know his name. | realize that my lie
is in danger and that the wound is likely TO
Prove fatal, and for these reasons | make this
statement on oath
On Sunday evening last, Oct :, 1900. while
standing on the railroad crossing on Dundaif
street, en- the corner of Dundait street. talking
with John Scott and Michael Golden, and while
we were standing tncre talking, James Birming
ham and his little boy came along, and he
stepped 10 talk with Jonn Scott but there was
no disturbance. Then Tom Sercano came ont and
Quarrclcd with Martin Iealcy's boy, using pro-
fame language and threatening him. Scott came
up ami told Scleano to leave the boy alone.
Thcr Scrcano turns Scott and tells him: Me
hia you toc." and at the same time makes
crack at Scott and Scott hits him twice. Golden
went to take SCOTS pait, when two other I.al.
ians appeared who, | think, brothers. and
the two piled on to Golden. ! pulled one fellow
away, but us ] did. did not strike a blow.
just pulled him away. Then the other fellow
stepped around from behind nc and gave me the
knife in the side lie WIS dark haired. about
tive and one-lalf feet had little bit of mus.
tachc. lie worked for Al. White. | would know
him ii saw him lie in his shirt sleeves,
blue and white shirt. barc.headcd. no vest
! would recognize him. ior knew him quite
we'll | am almost personally acquainted with
him, lmt do not know his name After | was
stained, | did not see him again. backed
through the crowd rnd that was tho last | saw
OF my aSsailant. ! started and walked towards
my homc 10 Dundaif street. | went home
without assistance. went IN the house, staggered
up stairs and my father went for the doctor.
l.. W. Herbert.
The statement was taken down in
shorthand by NJ. a. Thomas, in the
presence of three witnesses.
DR.. Wheeler was called to testify
that he informed Herbert, Just prior to
the taking of the declaration, that he
could not live. Chief McAndrew cor
roborated Constable Neary and the
other witnesses of Herbert's identifica-
ton of Billiott
WHITE ON THE STAND.
Hal White. of Nineveh. the man
who had charge of the construction
gang on the Honesdale branch, and
for whom 3illiott and Frank Tollergo
worked at the same time, corrobora ted
Constable Neary's testimony regard
ing the assistance he gave in picking
on Billiott as the man answering the
description given by Herbert of his
assailant.
On cross examination Mr.. White
made the important admission that
Billiott and Tolerso looked so much
alike that he frequently mistook one
for the other when their backs We're
turned although he saw thom senar-