Montour American. (Danville, Pa.) 1866-1920, 1906-09-27
Second TRIAL Of
PETER Dietrich

day morning with his Honor Judge
Evans and Associates Blee and Wagner
on the bench. 4 communication was
received from DR.. Patten. explaining
that William Robinson, one of the
jurors, was i'll and should be permit
ed to remain in bed for a couple of
hours. Mcclellan Diehl, tipstaff, was
directed by the court to go to the no.
tel and to remain with the sick juror
until he was able to return to court
Meanwhile the examination of jurors
was resumed. AT 40 o'clock the pro-
thOnotary announced that the panel
was exhausted. By that time twelve
additional men had been examined and
challenged as follows: J. w. Vastine,
Hugh Pursel. John Mowrer, Adolf
Boettinger, William Curry, NJ. V
Madden, Nicholas Hill, Thomas Perry,
Wesley Perry, b. +. Dieffenbacher,
Oscar Shultz and Daniel Moser. The
number of jurors thus far accepted
were eight
Since by reason of sickness and chal-
lenges the regular panel had became
exhausted Hon. H. NJ. Hinckley, quot
ing the law, moved that talesmen be
summoned. To this the defense object
ed, urging as the principal reason the
fact that it was the second trial. The
objection, however. was overruled by
the court.
Judge Evans accordingly made an
order directing that sufficient num-
Der of qualified men be selected from
the audience or from the body of the
county to furnish the number of jur-
ors required to fill the box In view of
the fact that the sheriff of the county
is subpoenaed as a witness in the case
the court appointed E. NJ. Sidler and
George NJ. Leighow as elisors, summon
persons for the jury.
Business of court was suspended for
one hour while the elisors were busy
with their selections. At II o'clock
they returned with list of names.
Edward j. Rishel was the first tales
man called. He stood the test and was
accepted aud sworn. He was the first
juror obtained during the morning,
making the entire number in the box
nine.
George Freeze, the next talesman,
was challenged, as was also Andrew j.
Steinman, Grant Fenstermacher, j. +.
Montague, Michael Breckbill and Sam
uel Fausey.
Edward V. Stroh, the eighth tales
man, was accepted and sworn.
Charles W. Cook, the next man call
ed, was challenged as was also Mat
thew Sheep, ". b. Billheim, j. L.
Oberdorf. At II 40 none of the other
persons selected by the elsors SEEM
ing to be at hand his honor announc-
ed that court would adjOund until p.
III. and that meanwhile all those whose
names had been selected should be
waited upon personally and informed
that they must be in the court room
by O'Clock, otherwise the sheriff
would be sent for them.
Upon the recOnvening of court at 2
p. IN. the calling of talesmen was re-
sumed. f. ID. Pentz. Edward l.. Aten,
Robert Blue, William A. DeGreen, and
Lawrence p Wagner were rejected in
succession. George NJ. Brown was ac-
cepted and sworn.
Edward Yeager, r. NJ. Lyon were
challenged, after which j. III. Fry was
accepted and sworn. Mr.. Fry's accept
ance completed the panel and the
twelve men were as follows:
William NJ. Robinson, John NJ. Rob
inson, John N. Price. Frank Schram,
f.. Bostian. Charles +. Shires, Sr.,
William S. Churm, Thomas Watts,
Rishel, Edward V. Stroh, G.
NJ. Brown. j. II. Fry.
1t was o'clock when District At
torney G. p. Gearhart presented the
case to the jury, outlining the Com
side.
The first witness called was Mrs.
Jones, widow of James A. Jones, vic
tim of the shooting. All the circumst-
ances of the tragedy are fresh on the
minds of our readers and probably less
interest attached to the testimony than
at the first trial, although the court
room was full of spectators.
Mrs. Jones said the last she saw of
her husband alive was when he left
their home OH East Front street at %
Of Z O'Clock on the evening of
February 23rd last. He was then in
good health. When she next saw her
husband he was dead, lying stretched
out on bench in Peter Dietrich S
saloon. Below his left eye was small
hole through which the blood appeared
and trickled down on the floor
John Woll was the next witness.
He was acquainted with James A.
Jones from boy. Had known Peter
Dietrich also from boyhood. Witness
was with Jones on day of shooting
both had been drinking. Together they
at Dietrich's saloon about 10
O'Clock on night of February 10, 1906.
They found Andy Rogers outside;
Dietrich was inside alone. Woll and
Jones went in the saloon and had
glass of beer. While they were drink
ing Rogers came in and Woll called
for beer. Rogers served the beer. Woll
then said, Fill them up again. "
Rogers again acted as bar tender
Dietrich drank along, but took cider.
Jones was talking about joining the
Fraternal Order of Eagles and he
wanted Woll to propose him. Some
how Dietrich got to talking about
shooting when he was a cowboy, il