Montour American. (Danville, Pa.) 1866-1920, 1906-09-27

| that Jones was dead. He did not OBJ
serve Dietrich's s movements very close
ly,as he thought they were only fool
ing"
After cross examination Mr.. Hinck-
! ley proceeded to ask the witness if, on
different occasions Immediately fol-
lowing the shooting, he had not stated
that two shots" were fired instead
of only one as he testified to at former
trial and was testifying to at present
| Mr.. Ikeler for the defense was quick
| ly on his feet and most strenuously
| objected to any such line of questions
and would not submit to even a dis
cussion of the proposition as long as
| the jury was present. In order to ar
rive at some conclusion in the matter
it was agreed that the jury be with
drawn from the court room and argu-
ment on the point involved proceed.
Accordingly the jury was asked to re-
tire. after which Mr.. Hinckley pro-
| ceeded to tell what he expected to
prove.
John Woll, he said, who was only
one Of two eye witnesses of the shoot
ing, was proving a most unwilling
witness for the Commonwealth. 1t
would be proved by witnesses, he said,
that on the day following the shoot
ing, when all the incidents were fresh
on his mind, Woll on diverse occasions
stated that two shots were fired by
Dietrich-that Woll by throwing up
his arm had parried one shot, but that
before he could prevent it Dietrich
had fired second shot right at Jones
and had killed him. This fact Mr..
Hinckley explained was unknown at
the former trial. In support of his
position Mr.. Hinckley cited author
tiles at considerable length
Mr.. Ikeler followed very uelitly
denying the right of the Common
wealth to proceed with any line of
questioning that would tend to i'm
peach the credibility of its own wit
nesses. He also cited authority to sup
port his position
The court sustained Mr.. Ikeler's OBJ
lection, after which the jury was
brought back into the court room and
the examination of witnesses was re-
sumed.
Andrew Rogers was the next wit
ness. At this point it began to be
evident that the lapse of time was
having some effect on the testimony.
Witnesses did not seem quite SO EN-.
phatic or sure of their points. Now
and then slight discrepancy was OBJ
served between the testimony being
offered and the testimony at the pre-
vlOus trial. Rogers said he was out
side of Dietrich S saloon when Jones
and Woll appeared. Later he went in.
Dietrich, Jones and Woll he found in
side. Woll 'set 'em up and said fill
'em up again" Dietrich told Rogers
to go behind the bar and fill the glass
es. Dietrich drank cider others took
beer Dietrich then said Take one
on me. " All took cider. Then Jones
lay down on bench opposite the bar.
Dietrich began to talk about herding
cattle and went through various move
ments to illustrate lassoing, etc. He
then went into a small loom opening
off the bar room, but soon returned.
He then went around one end of the
bar. 1t was there that Rogers saw the
gun first. Jones told Dietrich he
couldn't shoot nothin -. That was
quite while before Jones was killed.
At this point Mr. Hinckley called at
tention of the witness to the fact that
at the first trial he had testified that |
Dietrich had got the revolver out from |
behind the bar before he went into the |
adjoining room. The witness admitt- |
ed that was his testimony and said it |
was right. Dietrich stood at the |
end of the bar with the gun over
his arm. Jones was lying on the |
bench. Then the gun" went off. The |
shot took place five minutes after he
came out of the adjoining room. Rog |
ers didn't watch Dietrich closely he |
was looking at Jones, who was doing |
the talking. He was telling Dietrich
that he couldn't shoot. When the re-
volver went off all talked awhile, not |
dreaming that anyone had been hurt.
Then Rogers said: What's the mat
ter with Corky; he's so quiet" Woll |
walked over to where he lay and said:
Hes dead-you've killed him.
Pete said, oh, l guess not; if l did | |
didn't mean to do it. Go for doc
tor > Z"
Cross eXamination-In reply to |
question from Mr.. keller Rogers ad- |
mitted that Dietrich was in bad shape !
that night and was nervous. When the !
revolver went off Dietrich said, II shot |
up in the corner. Il said," Rogers
continued, there's something the !
matter with Corky, etc" Woll walk
ed over and said "You have shot him,
etc" There was no i'll feeling appar-
ent
j. G. Mincemoyer, Chief of Police, |
was sworn He was called to Diet
rich's saloon few minutes before IL |
o'clock on the night of February 18th.
He found Jones lying on the bench |
dead With Officer Voris ne searched |
the house but was unable to find Diet |
rich. He sent Officer Voris down town |
for Justice of the Peace Oglesby. |
Then half an hour after his arrival at |
saloon he heard a noise up stairs. He |
started to go up, but met Dietrich |
coming down. Dietrich gave himself
up and said: Il am no murderer;
shot in self defense. " Chief Mince-
moyer then asked for the revolver.
D;otri,b 10 g; D., 1,o =,