Montour American. (Danville, Pa.) 1866-1920, 1901-01-17

await and MIR. Cole identify the man who
had robbed them, snd he pointed Bar
rett out in the court room as the man.
John 5. Krum, constable of East
DanvlIe, testified that he knew Dave
Barrett, whom he saw pass his place on
the night of November II. He went
down 10 Coles, being sent for TO arrest
Barrett.
James Morrison swore that between
FIVE and six O'Clock on the afternoon of
November II, four men, one of whom
gave his name as Martin, called at MS
house. He identified the man in court
as Dave Barrett The four men demand
ed some cider. To avoid trouble he
brought cider from the cellar. He talk
ed to the man whom he pointed out as
Barrett. The fellow finally said: 81 was
fooling with you. Ny name is Barrett
and net Martin"
Chief j. c. Mincemoyer testified that
he knows Dave Barrett. On the way
from the station to the Jail, after Bar
rett was arrested, the prisoner said to
him that if he had not been full, the
Shamokin police would not have arrest
ed him. The Chief swore that Barrett
was arrested on warrant sworn out by
Ralph Ritter on November II.
The prosecution here rested its case,
and Mr.. Chalfant asked that the District
Attorney specify on just which counts OF
the Indictment the case should go be-
fore the jury. District Attorney Welsh
refused to make such a specification.
1t was $50 O'Clock when the prosecu-
ton rested, and all the evidence was in
troduced by the defense by four o clock.
Mrs. Thomas Black was the first wit
ness examined for the defense. She ties
tilted that on the evening of November
IL, she was at the house of Mrs. Burke
No. sos Railroad street, and that Dave
Barrett was in the kitchen there. That
was between five and half past five
O'Clock.
Katherine Burke, thirteen years old,
testified that on the evening in question
Dave Barrett was at her home on Rail-
road street until six o'clock.
John Burke, boy, swore that Bar
rett was at their home on the night Of
November IL, coming at tive O'Clock, and
staying there until he (Burke) left home
at ten uinutes of six. He saw Barrett
at Rogers house on the same street lat.
er on the same evening.
John Knapp testified that he saw
Barrett on the evening in question at
the house of William Myers on Railroad
street at FIVE minutes past six O'Clock.
He noticed that the clock there was five
minutes faster than the town clock. Bar
rett sat there about fifteen minutes.
Miss Mary Ellen Rogers testified that
on the evening of November IL, Dave
Barrett was at her home on Railroad
street at about seven O'Clock.
Michael Burke testified that on the
evening in question he met Dave Barrett
coming down Bloom street between $50
and nine O'Clock. That was just above
the Third Ward school. The defense
rested at this point.
In summing up for the defense, Mr..
Chalfant called attention to the testi-
mony of witnesses for the prosecution
who could not positively identify Bar
rett as the man who committed the
crime. He also recounted numerous re-
corded cases of mistaken identity, in
which circumstances pointed much more
conclusively to the identity of persons
than in this case.
Mr.. Welsh, in summing up for the
prosecution, called attention to the con-
trad iction of the positive testimony of
with esses for the two sides, and said that
he thought it was as reasonable to be-
lieve that the case of mistaken identity
could be on the side of the witnesses for
the defense as those for the prosecution.
The case was give to the jury at $50
o'clo ok. About seven o'clock the jury
handed in sealed verdict, which will
not be made public until court convenes
this morning.
The other criminal cases will be put
over the term, except the Wintersteen
murder trial, for which jury will be
drawn the first thing this morning.