Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1906-09-28
Second TRIAL Of
PETER Dietrich

Evans ana ASS0ClaJeS Dice ana wagner
on the bench. A communication wa
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 8 :45 O'Clock the pro
thonotary announced that the pane
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, M. V.
Madden, Nicholas Hill, Thomas Perry,
Wesley Perry, b. f. 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. II. M. 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-
ber 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. M. Sidler and
George M. 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 and 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, W. b, Billheim, j. L.
Oberdorf. At II 40 none of the other
persons selected by the elisors SEEM
ing to be at hand his honor announc-
ed that court would adjound until 2 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 2 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. Il. ID. Pentz Edward l.. Aten,
Robert Blue, William A. DeGreen, and
Lawrence p. Wagner were rejected in
succession. George M. Brown was ac-
cepted and sworn.
Edward Yeager, II. M. 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,
L. Bostian. Charles E. Shires, ST.,
William S. Churm. Thomas Watts,
Edward Rishel, Edward V. Stroh, G.
NJ. Brown. J. H. Fry.
torney Q. p. Gearhart presented the
case to the jury, outlining the Com
monwealth's 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 on East Front street at %
minutes of 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 a 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
appeared at Dietrich's saloon about lC
O'Clock on night of February l3, 1906.
They found Andy Rogers outside
Dietrich was inside alone. Woll and
Jones went in the saloon and had q
| glass of beer. While they were drink.
ing Rogers came in and Woll called
for beer. Rogers served the beer Vol
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 abou
shooting when he was cowboy, il
lustrating the various positions il
which he used to hold the gun. Diet