Montour American. (Danville, Pa.) 1866-1920, 1907-05-30

The opinion states that there is no
doubt but that the decree made by
Judge Staples was erroneous, and that
West Hemlock township should have
been decreed under the facts to pay
expenses and charges of maintenance
CONDUCTED HEARING.
Former State Senator S. j. McCar-
rail-, United States district attorney for
the middle district of Pennsylvania,
appeared at court during the forenoon,
and conducted hearing held in con-
nection with the application of 1.
Stein for naturalization papers.
JURORS SELECTED.
BY 5:30 o'clock last evening the
jury box was filed, although the speci-
al panel of 175 names was little less
than one half exhausted. Much better
progress was made in obtaining "a jury
than was anticipated. The twelve men
selected are as follows W. II. Welliv-
er. of Valley township Edward Eyst-
er. of Derry township; Austin II.
Klase, Joseph r. Patton, Jacob Aten,
A. G. Angle and Curtis Cook, of Dan
vile, II. A. Tanner. of Valley town
ship; Thomas Gething, of West Hem
lock James s. Watts of Limestone :;
J. +. Acor, of Liberty township: and
William Quigg, of Mahoning township.
JURORS REJECTED
The following jurors were examined
during the afternoon and rejected, the
most of them being challenged for
Albert zimmerman, Charles E. Shires,
John q. Vastine, Wellington Swank,
Jacob DeGreen, John Eisenhart, Jacob
Diehl. Wallace Robinson, j. +. Steck-
er. Daniel L, Wagner, Harry Redding,
Matthew Sheep. Gilbert Fenstermach-
er, Charles A. Shultz, David Jones.
Oliver Kaufman, A. L. Delcamp,
George Maiers. J. H. Leidy, William
f. Patterson. James Henderson, o. +.
Young, Alfred Mellin, Peter Billmey-
er, Peter S. Crossley, Roscoe Ellis,
George Reifsnyder, Joseph Churm, H,
p. Cotner, Charles f. Ploch. james
+. Ellis, William b. Hauser, Lewis
Kessler, Charles Arter, Harry Bal
lett, Frank G. Schoch, Stephen Craig,
William X. Lunger, j. Winfield Irwin,
John Schuster. William Toohey,C. H,
Styer, Harry Siedel, C. G. Billmeyer,
James G. Keefer, Allen Watson, David
Foust, j. II. Hutchinson, Thomas II.
Johns. William Moore, A. L. Brandt,
Joseph Albert. Harvey Shultz and +.
=. Johnson.
TUESDAYS PROCEEDINGS.
The case of Commonwealth vs.. Pet
er Dietrich. is well under way. The
circumstances of the shooting, with
which the reading public of this sec
tion is thoroughly familiar, were var
led in their dull recital yesterday by
a successful attempt by the Common
wealth to introduce Fnew evidence to
impeach the credibility of one of its
own witnesses. The Commonwealth
put up hard fight to accomplish its
ends, and at every point encountered
vigorous opposition from the defense,
The jury in the case, chosen Mon
day, was sworn for the first thing yes
terday morning. 1t was only few
minutes after 8 o'clock when District
Attorney Gearhart presented the case
to the jury, reciting the leading facts
as the Commonwealth would attempt
to prove them. The district attorney
informed the jury that the Common
wealth would not press for verdict
OF murder in the first degree, but would
ask for conviction in the second de-
gree
The first witness sworn was Mrs
Jones, widow of James y. Jones, the
victim of the shooting. She last saw
her husband alive on Tuesday even.
ing, February l3. 1906. when, he left
their home on Front street. She next
saw him after the shooting, lying on
a bench in Peter Dietrioh's saloon. 1t
was then between and O'Clock on
Wednesday morning aud he was dead.
John Woll, Jones' companion on the
night of the shooting, was the next
witness. While his testimony was be-
ing given several tilts occurred be-
tween Mr.. Hinckley and Mr.. Ikeier
relative to the line of questioning.
Mr.. Hinckley by referring to the evil
dence of the previous trial endeavored
to show that there was discrepancy
in the testimony of witness.
Woll had reached the point where
Dietrich was making q demonstration
with the pistol and Jones remarked,
"Oh. you couldn't hit anything-you
couldn't hit barn door," at which
point by an explanation he endeavor-
ed to show that all this occurred at
later hour, after Dietrich had gone in
to the small room adjoining and re-
turned presumably with the pistol. /.
This, Mr.. Hinckley held, was in con.
tradiction of the testimony offered by
Woll at the first trial, which revealed
that the defendant had gone into the
room and returned with the
pistol after Jones had made the taunt-
10 q