The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-06-04

Applied--Other Court Matters.
Samuel Billiott was arranged before
President Judge II. NJ. Edwards, in
the main court room, yesterday morn
ing. for TIE murder OF Edward H.
Herbert. at Carbondale. October q.
last. After the jury had been select
ed, the case was transferred to court
room No. 3. to be tried before Judge
cyrus Gordon. of Cleariield, who will
arrive this morning.
Constn Bile Edward j. Neary. is the
prosecutor Assistant District Attor-
ney w. Gaylord Thomas represents
the commonwealth. and the defendant
has as his attorney. O'Erien n Martin.
Billiott is about twenty eight years
of age. small in stature. of very
swarthy complexion. with heavy black
hair. Il small moustache and does not
strike the beholder as being partic-
ularly intelligent. He is laborer by
occupation and q native of Italy.
Herbert the man he is accused Of kill
ing. was thirty-tWo years of age.
married. n railroader by occupation
and citizen of excellent repute.
1t is claimed by the prosecution that
Billiott stabbed Herbert while the
latter was acting as peacemaker in Il
faht in which friend of Billiott and
a neghbor of Herbert were the prir-
cipals. The defense alleges that Bill
lott didn't do the stabhirg; that it is
case OF mistaken identity.
1t appears there was q Sunday night
wedding at the home ofJames Serrano
on Dundaff street near the Delaware
& Hudson crossing. The crossing was
a rendezvous for the men and boys OF
that neighborhood. and on the even
ing in question there was the sand
number gathered there. Some of the
younger boys threw q piece Of orange
through the open window of the house
here The wedding festivities We're III
progress. The defense says Il stone
was also thrown Thomas Serreno.
brother Of the owner of the house came
out together with several other guests
and approaching one of the boys in
a threatening way charged him with
; having thrown a stone into the house.
ACTED AS pEACF.MAEER
Michael Golden and John Scott. two
of the young men loungins about the
crossing interfered TO save the accused
boy and the result was an encounter
between Scott and Ser:cno. Herbert
happened along at this iuncture and
stepped between the belgerents TO
separate them calling upon them at
the same time to cease their quarrel
and using some force to get them
apart.
one of the wedding guests who had
followed Serreno rushed up from be-
mind Herbert and plunged IA knit"
blade into his abdomen. The fight
ceased the crowd began to scatter
and the man with the knife was lost
sight of. Herbert was taken to the
| Can bondala hospital and after five
days expired.
Constable Neary ana Chief of Police
| McAndrew secured a description of
! the man who did tn" Stabting. form
| Herbert. and after consulting various
| employers of laborers. thereabouts.
! picked On Elliott as the man who
| welded the knife They Went Ia the
| house of sam Grico ON Hospital
| street where he boarded anG arrested
| him. At the house was found a clasp
| knife. which fitted the wound, which
| had blood stains on it, and which
| BillioIt admitted was mis-. lie also ad-
mitted that he was at the wedding,
! but denied having done the stabbing.
| To explain the blood stains on the
| knife blade. he said 1t loaned ii at
| The wedding to persons who wanted
| 70 cut meat ana bread tor the wedd-
| iEg supper.
l}illiott was taken 10 the hospital
where Herbert lay, dying. and as soon
| aS Herbert saw him lie declared
"That's the man that stabbed me-
The defense will try to prove that
! Elliott had nothing whatever to dn
! with the fight and that Il man some
| what resembling CilIiott, whose nam"
! is Frank Tallerego, and who has left
| for parts unknown is H"rh"rt's 2s-
| sassin.
| THE Jury.
! The jurors into whose hands BILL
| ott's life will soon he placed are:
| John f. Gibbons, clerk, scranton
G.. u. SlhdeISon, manager, Tmoop.
| Fred Ridrnhach. lahorcr, scranton.
! Alhr,t Hrnkc. gent, scranton,
! ". +. Van Dyke, manager S,rarton.
| W !. lIuggcry, painter. Scranton.
| James Mc,;duldri,k, "\ keeper >ugnioh
i. i. Rhodes, gent, Elmhm>r
| Peter Dipprr, carpenter, scranton.
| Michael Blirkcn-, engineer, SCRANTON
| Peter Rohlirg, H., agent scranton
| Charles Mir2, hotc'k"rp"n scranton.
| The last four Of these We're selected
| from among twenty-four tulesmen
, drawn during the afternoon. when the
regular panel Was exhausted,
! 1t was III" first murder trial in
! this county in which jury was
drawn under the Hoy act. which does
away entirely with The standing aside
| of Jurors by the commonwealth. Each
side has twenty challenges and if the
commonwealth does not want IN ac-
ccpt a Juror ii must disqualfy him
FOR cause" challenge him peremp.
torily or accept him,
The regular panel of sixty was en-.
hausted when only eight jurors had
been secured. Al this juncture the
! commonwealth had used up eleven
peremptory challenges and the de-
fendant twelve. Twenty-one had been
disqualified FOR cause" by the prose-
CutiOn and two by the defense. 'rhir-
! teen ialeSmen were called before the
needed -four jurymen We're secured.
! When the box was filed, the COM
monwealth had used up fourteen of it's
! twenty peremptory challenges, and
| the defendant fourteen. Twenty five
of the commemorative challenges
for cause" had been sustained. The
defendant sent back two for this rea :
son.
Twenty-siX of the Jurors examined
| or about thirty per cent, had con-
scientious scruples against capital
punishment, and sixteen of these
avowed they would not bring in a
verdict that would hang "A man, no
maj Ter hnW nlenIlN the lazy and oni