The sun., 1909-06-22
|COP ON TRIAL FOR KILLING
DILLON ,CHARGED WITH MUIR
DER IN THE FIRST DEGREE.
Victims YOUNG Brother Te,is Story OF
what Led lip to the shooting District
Attorney Says He VIII Prove That
billions Coat was slashed by Police

Victims Young Brother Te,is Story OF
what Led llp to the sho ting District
Attorney Says He VIII Prove That
billions Coat Was siashed by Police,
For killing Louis Probber. 10 years
old, who was clerk in the grocery
store of Isaac Probber. his father. at
2i7 Myrtle avenue. Policeman James +.
Dillon Of the Adams street station was
placed on trial yesterday on an indiot-
ment for murder In the first degree in the
Supreme Court In Brooklyn before Justice
Maddox It took four hours to select
a jury. an important question being
whether the men were without prejudice
either in favor OF or against the police
force. or the two witnesses who were
examined the testimony Of Max Probber.
the twelve-year-old brother Of Dillon's
victim. received the greater attention,
He told Of the circumstances OF the trouble
in the Probber grocery store at the time
Of the shooting. Sunday morning May q.
District Attorney Clarke recounted to
the jury the story OF the quarrel between
Policeman Dillon and the .Probbers. He
said that the prosecution would show that
the policeman did not shoot in SELF
defence. for no one interfered with him.
He was also ready to demonstrate. he
said. that two sits were cut in Dillon's
cos. on the way to tho police station by
brother officer for the purpose OF
lending strength to the yarn that Mrs.
Probber had attached him with a large
knife.
Photographic and diagram Of the
interior Of the grocery store were intro
duced by Mr.. Clarke and identified by
Clarence r. Van Buskirk. civil engineer.
as being accurate. The map Of the inside
OF the store marked the location of the
counters and Of the TELEPHONE booth
State street hesdquartsrs for help while
Dillon was confronting his father with
his revolver in the front part OF the store.
He had walked few feet away from the
telephone when Dillon shot him.
There was some hesitancy about taking
was questioned at length as to the nature
OF an oath. The boy 10 puny for his age
but made quick and willing witness
Florence j. Sullivan. counsel for Dillon,
asked him how far he was advanced in
his arithmetic. and the boy replied that
he had reached least common multiple,
The boy testified that Policeman Dillon
came to the Probber grocery store on
Sunday morning, May 2. and ordered
Isaac, the proprietor. to close up and take
his boxes and baskets inside. Max eaid
that he heard the conversation and saw
the two men from the stairs leading up
from the store where he was sitting partly
dressed. He said the policeman grabbed
Probber by the neck. pulling out his re-
volver, and that he. the witness. ran crying
into the store. He stood near the tele-
phone booth while his brother Louis
called police headquarters and said:
please send help; there's a drunken
cop In the store"
Max indicated on the floor Of the court
brother and the policeman when the
shooting occurred. As indicated BY the
boy it was about seven feet. Dillon's
claim 10 that he shot because he was in
terefered with.
The boy testified further as to q con-
versation he says he heard between Dillon
and his brother in the store on the Satur-
ing TO Max the bluecoat entered the store
and asked whether Louis had any duck
eggs The latter said that he was all out
Of them. =,
'TlI Ak you Is the remark Max de-
clared Dillon menaoed his brother with
as he left the store.
Just before adjournment Policeman
station brought upon himself a stern
reprimand by attempting to leave the
court room in front Of the jury. Judge
Maddox had ordered every one to remain
seated until the jury had passed out.
When Hamilton started out Judge Maddox
directed him to be seated and when the
jury had gone informed him that his di-
others. Hamilton bowed and withdrew
meekly