Montour American. (Danville, Pa.) 1866-1920, 1901-01-24

and mind, precluded any idea of de-
liberate murder. "If he intended to
kill Fisher, inquired Judge Hinckley
"why did he 60 about it so publicly,
when he could have done it quietly,
without fear of being seen by any one?
He also could have got away, instead
of giving himself up, as he did. 1t
seems to rue that your only difficulty
will be to determine between a verdict
of manslaughter and acquittal. 1t is
a question, whether the shooting was
justified. or whether Wintersteen used
more force than was right in trying, as
he supposed, to defend his life"
Mr.. Gearhart, in referring to the
threats that it has been claimed Win
tersteeu made, said that the statement
that ''there would be the biggest time
that there ever was on John r. Ben
nett's farm" might mean many things
concerning that place, which is used to
"big times" but that the statement bore
no signs of vindictiveness.
In regard to the purchase of the re-
volver, he said, that Wintersteen simp-
ly bought the revolver to protect him.
self, for if he had wanted to murder
Martin Fisher, he could have done it
on the street some dark night with a
billy Or black jack, without leaving
any convicting evidence of the crime.
"Or, if he wanted to murder Mr..
Fisher" continued Mr.. Gearhart, "why
didn't he stay in the woods to wait for
him, instead of meeting the Superin-
tendent in the OPEN"
The attorney claimed that all facts
proved the truthfulness of Winter
steen's statements in regard to the shoot
ing, to which there is no other living
witness. He said that if Mr.. Fisher
had not made the move toward his hip
pocket, which Wintersteen claimed that
he did, the bullet would have taken a
different course through the body than
it did. He also pointed out that had
Mr.. Fisher continued to sit with his
left hand on the carriage bow, as he
did when the defendant first stopped
him, the bullet must necessarily have
gone through the large sleeve of the
linen duster that Mr.. Fisher wore, but
the fact that there was no such mark
on the duster, proved that Mr.. Fisher
must have moved his arm in the man.
ner that the defendant claims he did.
Mr.. Gearhart said that he did not
for minute mean to claim that Win
tersteen was insane, but that his de-
bauch had left him SO mentally unbal-
anced that he was unaccountable for his
acts. In regard to the statements that
Mr.. Fisher was unarmed and that
Wintersteen need not have feared a
movement toward the hip pocket, Mr..
Gearhart said that while the wounded
man was driving up the road, after he
was shot, he might have thrown away
whole United States arsenal, had he
had it about him, and no search has
ever been made for any revolver that
he might have thrown away at that
time.
The two claims made by the defense,
said Mr.. Gearhart in conclusion, are
that the defendant was mentally in
capable of having committed deliber-
ate murder, and secondly that the
shooting that did occur, was simply
done, as he supposed, in self defense.
At 1:3O o'clock when court convened
only Associate Judge Thompson was
on the bench. He announced that
Presiding Judge Little was too ill to
attend court, and an adjournment was
accordingly taken until $50 o'clock
this morning.
One of the largest audiences that
has been present during the trial had
crowded into every inch of available
space in the court room to listen to the
concluding speeches, the charge of the
Judge, and witness the concluding in
cidents of the trial.
Judge Little has not felt well
throughout the entire term, but his ILL
ness took more serious turn Tuesday
noon. He is suffering from form of
the grip. DR.. Thompson, who attend
ed him at the Montour House, said
that he thinks the Judge will be able
to preside when court cOnvenes this
morning.
WEDNESDAYS PROCEEDINGS.
The court room was crowded when
coult convened at 1:30 o'clock We'd
nesday afternoon. Judge Little, with
associates Thompson and Blee were on
the bench. Judge Little looked better
than he has for most of the time since
the beginning of this session OF the
court.
Edward Sayre Gearhart, who had
not completed his plea when court adj