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VOLUME 78. DKII nous County Chairman John G. Waite has mado arrangeiueuts to open Democratic headquarters in this city, which will be maintained in the interests of that party until after the fall election. Room' 3iu the ojiora house block, directly over Mooro's hardware store, has boon chosen for the headquarters, which will bo opeued the first of next weok. Party literature will be kept at the rooms for any to road who may care to come. It is the intentiou to nave a 'phone , lustallod at once and on the oveuing of eleetiou day returns will be roceiv- | ed aud posted. I i Arranged for Larceny of Scrap. Frank Lvnu, Joseph Reed, Charles Ash ton and William McCann, who pleadod guilty to the larceny of iron, wore arraigned before court, yesterday, but in the case of each sentence was suspended. Josoph Fahey, a dotectivo of the D. L. & W. railroad company, who caus ed the arrest of the moil, was present aud oxplainod to tho court all the cir cumstances of tho case, Ou the night of Juno 3rd. last, he said, the defen dants entered a car of tho D. L. & W. compauy on a siding hero and relieved it of a large quantity of scrap con signed to Curry & company. Tho men he said had pleadod guilty and the goods had been recovered. Some of tho men had largo families, while others previously bore good rep utations, in view of which it had been prearranged to ask that sontence be suspeuded. The district attorney offered no objection to this but stated that ho believed that tho ends of jus tice would be fully subserved by sus pending sentence. Judgo Evans told the men that he could send each of them to the pen itentiary for threo years, but that he had decided to act upon suggestion and suspend sentence. He reminded each, however, that tho matter was not sot tied finally, but if either of them should be guilty of misconduct the district attorney could bring him into court on a bench warrant, when tho penalty for the presont offense would be im]Hjsed on them. To Ask Aid From Governor. A number of tho more prominent foreigners and rosidonts at West Ber wick are determined to have the law lessness and murderous reign in that section at least mitigated, and now demand that lights be put up at all street crossings, ami that there be em ployed additional police officers who will not be afraid to deal with the lawless and and murderous olomoiit. They assert that if their demands are not immediately complied with, they will take the matter to the governor of the State, and ask him to institute military govermont in place of the civil govermont now existing in the borough of West Berwick. In view of past records*, prompt action, they say is necessary to prevent the probable further spiling of human blood. There is no development in the mur der of Doininiok (Jaluso. In explain ing why he was outdoors at 3 o'clock in the morning, when he was killed, some say that he went too work at the car shops at 1 o'clock ami that the murderers know this and lav in wait. This, howevor, does not explain why he was in his backyard with only his night shirt on so long ahead of work time. TENDERED HIS RESIGNATION. A Lock Haven janitor handed in his resignation the other day, says an up river exchange. When asked what was the trouble, lie said:' 1 I'm Inmost. and won't stand being slurred. It' 1 flud a pencil or handkerchief'bout the school 1 luin;i it up. Every littlo while the teacher or some oue that is too coward ly to face me, gives me a slur." "In what way?" asked the officer. "Why, a littlo while ago I saw written on the board, 'find the common multiple." Well, I looked from the cellar to gar ret, and 1 wouldn't know tho thing if I met it on the street. What made me quit my job? Last night in big writ ing on the blaek board, it said, 'find the greatest common divisor.' Well, I says to myself, both of thorn darn things are lost, now I'll be blamed for swipin' 'em, so I'll quit." Arranging for Harrisburg Trip. Companv F, N. G. I'., of this city, is already making arrangements for the trip to the dedication of the new State capitol at Harrisburg. Yesterday Captain Gearhart issued the following company ordor: "You' are hereby notified to repjrt at tho | armory on Friday evening, Sept. 28, to receive instructions relative to at tending the dedication of the State capitol on Oct. 1 Failure to be pres ent will forfeit your privilege, as we must know exactly the number of men going so as to draw from other com panies. '' trolley Sale Confirmed. The sheriff's salo of the Danville & Stinbury street railwav has been con firmed during the present term of court. The street railwav was sold by the sheriff on the 6th of July last, Simon Krebfl becoming the purchaser. No exceptions having heeu filled the sale was confirmed before Thomas G. Vincent, Prothouotary, on Monday morning. WASHINGTONVILLE IDS 111 CAULT At Washingtonville yesterday morn ing occurred the death of oue of Mon tour county's bust known and most |K>pular men,A. li. (fault; a citizen honored for liis upright,christian life; a husband and father devoted to his family and a luau, genial and gentle mannered, belovod by his fellowuien. Mr. Uault had heou in ill health for several years as the ravages of that dreaded disoaso, consumption, fasten ed upon his body. It was not,however, until about two weeks ago that ho was compelled to retire from business. At that time he took to his bed, and steadily grew weaker until the end came at 5 o'clock yesterday morning. The deceased was born in Ireland ou the 27th of April, 18fitt, and came to America at the age of 21, settling with liis parents, Mr. and Mrs. Archibald Gault.in Philadelphia. While employ ed at the Norristown hospital ho met and later married Miss Milie Martz, daughter of Jacob Martz, of Washing ton vi lie. Five years ago Mr. and Mrs. Gault moved to Washingtonville, where they have since resided. Mr. Gault was an active member of the Washingtonville Presbyterian church. He was also a member of a Philadelphia lodge of Odd Fellows. He is survived beside his wife by two brothers, James and William, both of Philadelphia. The funeral will take place Friday morning at 11:30 o'clock from the Washingtonville Presbyterian church. InterinentPin the Odd Fellows' conie tery. Professor Taylor Married. Professor J. W. Taylor, principal of the local high school, has taken unto himself a bride; more than this the interesting event took place last spring, so that during the vacation and since he has returned to Danville, although ho has been looked upon as onjo>iug single blessedness,yet all the while ho was firmly intrenched iu the ranks of Benedicts. On Friday evening Professor Taylor left for Eagles Mere,returning on Sat urday evening with his bride. It was a groat surprise to Danville people. Tho bride before her marriage was Miss Ada A. Chase, daughter of Cap tain E. S. Chase, of Eagles Moro, a man very promiuont in the affairs of that resort, being manager of tho j Eagles Mere boat company and trea- j surer of tho Eagles Moro Laud com- I pauy. Mrs. Taylor comes from an old and distinguished family, her grand father being speaker of tho House at tho age of twenty-seven,and her great grand father, an aide do camp to tho groat Napoleon. Mrs. Taylor was teacher in the public school of Eaglos Mero. She is highly accomplished and is an athlete, being a skilled horse woman, an export swimmer,a canoeist and fond of mountain climbing. Mr. and Mrs. Taylor will live at H. M. Trumbowor's for tho present. They wore serenaded by students of tho high school on Saturday evening. Tho wedding took place on May 26th. last in Now York City. Only a few intimate friends were present. Death of William Malaney. Our readers win regret to learn of tho death of William Malanev, which occurred at the Joseph Katti hospital, Bloomsburg, Saturday morning. The decoasod was a widely known and highly esteemed citizen of Danville. Ho was a rougher at the rolls at Howe & Samuels' mill and was liked and hold in tho highest regard by his fel low workingmou as well as by our townspeople generally. The deceased was stricken with ap pendicitis, which became complicated with peritonitis. Three weeks ago yes terday ho was removed to the Joseph Katti hospital at Bloomsburg. While at the hospital he was operated on twice. At times his condition seemed to promise recovery, but in each ins tance ho became worse. Ho suffered intensely and toward tho latter part of last week hope was abandoned. Death occurred at 8 a. in. Saturday. Tho deceased was a single man, fifty one years of age. Both parents are dead,but ho is survived by two broth ers and a sister: Thomas Malaney of Washington, this State; John Malaney of Bloomsburg and Miss Anna Mal aney, who resided with tho deceased at No. f»*>4 East Front street. Lost Watch Oddly Recovered. Ralph Knittle. an employe of tho Uuited Telephone and Telegraph com pany, had a uniquo experience the other day. While assisting to Htring tho telephone wires over the top of tho iron work of the river bridge he miss ed his watch, which in some way had gotten out of his pocket. It was a valuable time piece aud,as sisted by fellow workmen, lie search ed high and low for it. Somo time to ward evening the attention of tho meu was attracted by an object dangling from a telephone wire high above tho bridge. It proved to be tho watch, the fob chain of which had caught in the wire as the man was climbing over head. which had the result of pulling it out of his pocket. Judgo Staples, of Monroe couufcy sentenced three young lads of Strouds burg who were charged wifcli robbing the residence of a citizen, to loiuain at their homes under the surveillance of a probation officer aud to abandon the use of cigarettes. •KXDOKB BUT TO TBUTH. TO ÜBXm ARB UW-M VAVOB SWAT! US AKB wm WMAM IVft* DANVILLE, MONTOUR COUNTY. PA., FRIDAY, SEPTEMBER 28, 1900. SECOND TRIAL OF PETER DIETRICH Court convened at 9 o'clock TUGS day morning with his Houor Judge Evans aud Associatos 8100 and Wagner on the bench. A commuii icat ion was received from Dr. Patten, explaining that William Robinson, one of the jurors, was ill and should bo permitt ed to remain in bod for a couple of hours. McOlollan Diehl, tipstaff, was directed by the court togo to the ho tol aud to remain with the sick juror until lie was able to return to court. Meanwhile the examination of jurors was rosumod. At 1) :45 o'clock the pro thonotary announced that the panel was exiiausted. By that time twelve additional men had boon examined and challenged as follows: J. W. Vastiue, Hugh Pursel, John Mowror, Adolf Boettingor, William Curry, M. V. Madden, Nicholas Hill, Thomas Perry, Wesley Perry, B. F. Dieffenbachor, Oscar Shultz and Daniel Mosor. The liumbor of jurors thus far accepted wore eight. Since by reason of sickness and chal lenges the regular panel had became exhausted Hon. H. M. Hinckley,quot ing the law, moved that talesmen bo 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 a sufficient num ber of qualified men bo selected from the audience or from the body of the county to furnish the number of jur ors roquirod to fill the box. In view of the fact that the sheriff of tho county is subpoenaed as a witness in the caso tho court appointed E. M. Sidlor and Georgo M. Leighow as olisors,summon persons for the jury. Business of court was suspended for one hour while tho elisors wore busy with thoir selections. At 11 o'clock they returned with a list of names. Edward J. Kishel was tho first tales man called. He stood tho tost and was accepted and sworn. He was the first juror obtained during the morning, making tho entire number in the box nino. George Freeze, the next talesman, was challenged,as was also Andrew J. Stein man, Grant Fenstormaeher, J. F. Montauuo, Michael Brockbill and Sam uel Fausey. Edward V. Stroh, the eighth lales mau, was accoptod and sworn. Charles W. Cook, the next man call ed, was challenged as was also Mat thew Sheep, W. B, Billheim, J. T. Oberdorf. At 11:45 nouo of tho other persons selected by tho elisors seem ing to be at hand his lionor announc ed that court would adjound until 2 p. m.and that moauwnuc all thoso whose names had been selected should bo waited upou personally and informed that they must be in tho court room by 2 o'clock, othorwise the sheriff would be sent for them. Upon tho reconvening of court at 2 p. m. tho calling of talesmen was re sumed. E. D. Peutz, Edward L. Aton, Kobort Blue, William A. DeGroen.aiid Lawronco P. Wagnor were rejected in succession. Georgo M. Brown was ac cepted and sworn. Edward Yeager, R. M. Lyon wore challenged,after which J. H. Fry was accoptod and sworn. Mr. Fry's accept ance completed the panel and tho twolve mou wore as follows : William M. Kobinson, John M. Hob insoii, John N. Price, Frank Schram, E. Bostian. Charles E. Shires, Sr., William S. Churni, Thomas Watts, Edward Kishel, Edward V. Stroh, G. M. Brown. J. H. Fry. It was o'clock when District At torney C. P. Gearhart presented the case to tho 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 tho tragedy are fresh ou tho minds of our readers and probably loss interest attached to the testimony thau at tho first trial, although the court room was full of spectators. Mrs. Jones said the last she saw of her husbaud alive was when he left their home on East Front street at 25 minutes of 7 o'clcok on the evening of February 23rd last. lie was then in good health. When she noxt saw her husbaud ho was dead, lying stretched out on a bench in Peter Dietrich's saloon. Below his left eye was a small hole through which the blood apj)eared aud trickled down on the floor. John Woll was the next witness. Ho was acquainted with James A. Joues from a boy. Had kuowu Peter > Dietrich also from boyhood. Wituess was with Jones on day of shooting— both had been drinking. Togothor they appeared at Dietrich's saloon about 10 o'clock on night of February 13, 190*1. They found Andy Rogers outside; Dietrich was inside alone. Woll and Jones weut in the saloon aud had a glass of beor. While they were drink ing Rogers camo in and Woll called for beer. Rogers served tho boor. Woll theu 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 aud he wanted Woll to propose him. Some how Dietrich got to talking about shooting when ho was a cowboy, il lustrating the various positions in which lie used to hold the gun. Diet rich went into a small room aud soou returned. Some time later Woll Haw that he had something in his hand that glisteuod. It was later when he was demonstrating how he used to shoot that lie heard a shot and found that Jouos was dead. He did not ob serve Dietrich's movoiuouts very close ly, as ho thought they wore only "fool ing" After cross examination Mr. Hinck ley proceodod to ask tho witness if,on nifferout occasions immediately fol lowing the shooting, ho had not stated that "two shots" woro fired instead of only one as ho testified to at former trial ami was testifying to at present. Mr. Ikeler for tho defense was quick ly on his feet and most strenuously objocted to any such lino of questions and would not submit to oven a dia- j 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 ho expected to prove. John Woll, he said, who was only one of two 03*0 wituessos of the shoot iug, was proving a most unwilling witness for tho Commonwealth. It would bo proved by witnesses,he said, that 011 the day following tho shoot ing, when all the incidents woro fresh 011 his inind.Woll 011 divorso occasions stated that. 1 two shots" were fired by Dietrich—that Woll by throwing up his arm had parried 0110 shot, but that boforo ho could prevent it Diotrich had fired a second shot right at. Jones aud had killed him. This fact Mr. Hinckley explained was unknown at j the former trial. 111 support of his position Mr. Hinckley cited author ities at considerable length. Mr. Ikeler followed very oloqueutly denying tlio right of the Common wealth to proceed with any line of questioning that would tend to im peach the credibility of its own wit nesses. Ho also cited authority to sup port iiis position. The court sustained Mr. Ikeler's ob jection, after which the jury was brought bank 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 ho evident that the lap.no of time was having some effect on the testimony. Witnesses did not seem quite so em phatic or sure of their points. Now and then a slight discrepancy was ob served botween the testimony being offered and the testimony at. the pre vious trial. Rogers said he was out side of Dietrich's saloon when Jones and Woll appeared. Later ho wont in. Dietrich, Jones aud Woll ho found in side. Woll "set 'em up" aud said "fill 'em up again." Dietrich told Rogers togo behind tlio bar and fill the glass es. Diolrich drank cider; others took boor. Dietrich then said : "Tako one on me." All took cider. Then Jones lay down on a bench opposite tlio bar. Dietrich began to talk about herding cattle and went through various move ments to illustrate lassoing, etc. Ho then went into a small 100111 opening off the bar room, but soon returnod. Ho tlion wont around ono ond of the bar. It was there that Rogers saw the gun first. Jones told Dietrich ho "couldn't Hlioot 110(11111' That was quito a wilile before Jones was killed. At tins 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- j ed that was his testimony and said it 1 "was right." Dietrich stood at the end of the bar with the "gun" over his arm. Jones was lying 011 the bench. Then the "gun" went off. The shot took placo live minutes after ho camo out of the adjoining room. Rog ers didn't watch Dietrich closely; ho was looking at Jones, who was doing the talking. He was telling Dietrich that ho couldn't shoot. When the ro volvor went off all talked nwhilo, not dreaming that anyone had boon hurt. 1 Thou Kogers said : "What's the mat ter with Corky; lio's so quiet." Woll walked over to where ho lay and said: "He's doad—you've killed him." "Poto said,'oh, I guess not; if 1 did I didn't mean to do it. Go for a doc* tor.' '' (Jross examination—lu reply to a question from Mr. Ikeler Rogers ad mitted that Dietrich was in bad shape that night and was nervous. When the revolver went off Dietrich said," I shot up in the cornor. " "I said," Kogers continued, "there's something tho matter with Corky, etc." Woll walk ed over and said : " You liavo shot him, etc." There was 110 ill feeling appar ent. J. O. Mincemoyor, Ohief-of-Police, was sworn. He was callod to Diet rich's saloon a few minutes bofore 12 o'clock 011 the night of February 18th. Ho found Jones lying 011 the bench dead. With Offieor Voris no searched the house but was unable to find Diet rich. He sont Officer Voris down town for Justico of the Poaco Oglesby. Then half an hour after hi.* arrival at saloon ho hoard a noise up stairs. He started togo up, but met Dietrich coming down. Dietrich gave himself up and said : "I am no murderor; I shot in solf defense. " Ohicf Mince nioyfir then asked for the revolver. Dietrich requested his sistor togo up stairs ami ger the revolver. He told hor tliat shejwould find if, in a cigar box. Tho rovolver was produced and handed over to tiie chief. Dietrich said] it was'the one ho Imd shot with. There wore five barrels and two wore [empty. The chief also saw a self-cock ing revolver behind the bar, all the\i chambers of which were empty. The chief of police arrested Dietricli ami took him to jail. Ou the way Dietricli repeated that hejwas no murderer aud that he shot in self defease. The re volver was offered iu evidence aud identified by the chief of police. Duriug the forenoon some other cases were disposedof. Iu the case of Commonwealth vs. John Bastiau, charge perjury, a uol. pros, was ou tered by permission of the court. Iu the caso of Common wealth vs. James Hosencraus, charge larceny, the grand jury returned a true bill ou first couut. A true bill was also found in the caso of Commonwealth vs. Harry Hosencraus 011 the first couut, which was larceny. 111 regard to the two latter cases the district attorney stated that tlie two defendants, father and son, had plead ed guilty. Harry Hosencraus, the boy. iiad been iu jail for there months.Tak ing all the circumstances into consid eration, the hospital authorities, he said,did not wish to press the prosecu tion and the district attorney himself thought justice would bo done if sentence were suspended. Both Harry j Hosoucraus aud his father,. Tames Hos encraus, wero in turn called before the court. They fouud tho scrap, they said, lying along the road 011 tho hos pital grouud aud being iu needy cir cumstances and not deeming that the old iron was of any value they carried it off and sold it. Judge Evans ex plained to.eacli of,the defendants that lie might send them to the peniton tiary for three years, but that ho had decided to act upon the suggestion of tho district attorney aud suspend sou touce. He oxplaiued.to each just what was implied by this action of court said he hoped that it would serve as a solemn warning in the future. Iu the case of s tlie overseers of the poor of Limostouo township vs.tho ov erseors of tho poor of West Hemlock township a rule was granted to show cause why costs, , should not be al lowed aud orderod to be paid. In tho caso'of Paul M. Smith vs. Colbort Smith et. al. an iuterculatory report of master was filed. Iu the ostato of Mary Lockhoof, deo'd, a potitiou_for*sale of'real estate was ordored as prayed for. WEDNESDAY'S PHOCEEDINGS. Court convoned at J) o'clock and re sumed the examination of witnesses iu tho caso. J. C. Mincemoyer was recalled and asked to describe condition of revol ver which ho got from Diotrich.lt was a five-shootor. All tho chambers wore full, but two of tho cartridges had been exploded. In this condition it was otferod iu evidence at first trial but after the trial it was found that while the chambers wore still all fill od tho revolver showod that only oue had been exploded. This discovory was mado when the revolver was taken to tho water works iu compliance with orders to roniove the charges. The offic er could not say wlieu or by whom cartridges wore changed John Woll was recalled, lie deuiod that as far as his knowledge went thoro was any dispute between Jones and Dietrich as to a book accouut. Audrew Hogers also rocalled. Ho was asked whether ou tho night of tho shootiug he did not state to Dr. Pat ten that tho revolver found behind the bar was not loaded, having boon empti ed tho week before in shootiug mark? He stated that ho did uot make such a remark. Mr. Ikeler objocted to this question, advancing tho samo argu ment as 011 the day provious. The ob jection was ovorrulod. Lewis Byerly was sworn. He was with tho chiof-of-polico wheu tho ar rost of Dietrich was mado aud his testimony confirmed tho ovidonce of tho oflicer. John Doster was callod. He was pres ent at Dietrich's saloon 011 the night of February 13th. He accompanied Dr. Paules to the saloon after the shoot ing. Ho confirmed the previous testi mony as to Dietrich's state of mind and his declarations at the time of ar rest. Dr. Patten was sworn and confirmed previous testimony. Dr. W. K. Paulos was callod to tho stand. Ho was tho witness called to the saloon aftor tho shooting. He made a post mortem examination tho uoxt morning and 011 tho stand described the course of the bullet. A section of the skull was produced in court, which still contains tho bullet. Dr. Paules described tho wound producod by tho shot, which causod a heavy hemor rhage. Tho effect was necessarily fatal and death was instantanoous. The physician confirmed tho testimony of Chief Mincomoyor and John Doster and stated that it was his impression that Diotrich said: "I shot and killed him in self defonso. Tako mo—hang me or do with mo what you please." Dr. Paules sworo that aftor Ohief Mincomoyor oxauiiued tho revolver produced by Dietrich as tho one with which he did tho shooting, tho officer handed the woai>ou to the doctor and told him to look at it. There were tlireo full chambers and two empty shells. He previously saw another re volver, which he oxaminod and found to bo empty. Later accompauiod by Dr. Patton iu compliauco with a request from Diet- rich's sister Dr. l'aulos, after mid night, visited the prison for tho pur pose of administering to Dietrich, who was in a highly wrought condition. Ho would not admit that Dietrich was wholly irrational, although he was very nervous Diotrich made inquiries about Jouos and was told that the man was dead. Dietrich, said, "Where did I hit him?" aud before the physician (tad time to respond, Dietrich added ; "Oh, I know—just below the eye, where I aimed at." At 10:30 o'clock tho Commonwealth rested. Mr. Ikelor explained that the wituosses on the Commonwealth's side embraced all tho oye witnesses of the shooting and that the testimony had been very fully presented. Iu view of this and the fact that the defendant was in such a nervous and highly wrought conditiou at tho timo of the shootiug as to be hardly a competent witness tho defense had resolved to offer no testimony in the case. It was then 10:25 o'clock aud the court after consultiug with the attor neys, in order that the addresses to the jury might follow each other, without any interruption, decided to adjourn court aud reconvene at 1 o'clock instead of at 2. the usual after noon hour. After court couveuod at 1 o'clock Hon. H. M. Hiuckloy for tho Com monwealth went to the jury. The ad dress, which lasted nearly an hour and a half,covered the ground in its en tirety aud ranked with the most effec tive Efforts of Mr. Hintkiey's life. He declarod that the evidence clearly showed malice and motive—that when Dietrich brought out tho revolver he intended to use it and that tho theory of accident in the promises was not tenable. Ho claimed that tho pistol did not go off accidentally, as before it could bo discharged it was neces sary to draw tho hammer back to full position, which in itself showed that Dietrich intended to shoot. He em phasized this point very strongly. He quoted the evidence fully to show that Dietrich not only when he made damaging admissions, but also when ho did tho shootiug was ]x»rfoctly ra tional and know what ho was about. Ho hold that all the evidence justified a vordict of murder in the first de gree. At 2:45 Hon. Fred Ikcler went to the jury for the defense. Mr. Ikolor's address was likewise a very able and eloquent effort. In beginning, he paid a fino tribute to the ability, eloquence and persuasive powors of Mr. Hinck ley? In this case, he said, lie was not afraid of the evidence, but lie admitt ed he was "afraid of Judge Hiuek loy." Ho dwelt upon the distinctions to bo made in tlio killing of a human being and ho said we have advanced boyond tlio old Mosaic principle of an eye for an eyo.a tooth for a tooth. Ho defined murder as when a man in the blackuess of his heart, with malice aforethought and with a set determi nation lies in wait for a human being to tako his life and denied that any of the elements are present in Diet rich's case. He held that there was no murder in any of its degrees nor oven manslaughter in the case on trial. He held that Dietrich was on the verge of delirium tremens and reviewed the evidence dwelling upon his excited stato to show that ho was wholly irra tional both when lie did.tho shooting and when ho made the admissions in jail. Mr. Ikoler held that if Dietrich is guilty at all lie is guilty only of iu voluutary manslaughter, which in his case would imply a careless and reck loss use of a weapon. Ho denounced the indictment, which promits only murder in ono of its degrees or volun tary manslaughter. Many in the audi enco were moved to toars while Mr. Ikeler with tlio wonderful eloquence at his command drew a graphic and pathetic picture to show how the pri soner has suffered in his varied experi ences siuce_tho and that he has already been punished sufficiently for the slight degree"in'which'he may bo guilty. fc .Mr. ikeler «poko for an hour and a halt. Judge Evans immediately followed with his charge to the Tjiiry. He 'ex plained the law applicable to the case very fully and his chargo was very favorably commented on. Judgo Evans dofiued murder in the first degree, mur dor in the second degroe and voluntary manslaughter. To constitute murder in the first degree the killing must bo with malice, which means any attempt to kill or do any groat bodily harm. It must be showu that the attempt to tako life was wilful and deliberate following previously fonnod intent. 111 second degree murder felonious homi cido is conimittod, but without any deliberate attempt' to tako life. Man slaughter is a still lessor degroo whore there is unlawful and felonious .kill ing of another without malico express ed or implied. Should tho jury bo in doubt whether tho defendant is guilty of murder in the first or the second degroo ho is to have the bonefit of that doubt ami the verdict must be tho low er of the two degrees. Intoxication is no oxcuso for murder in tho first degree. Intoxication, how ever, may becloud the mind, preclud ing malice and design, bringing the crime in somo cases down to second degree murder. Wliou a person, how ever, becomes intoxicated for the pur pose of committing murder and the killing of another follows it is murder in the first degroo. If tho jury boliovea that the defendant was intoxicated when ho killed Jones it is for them to determine whether 110 was intoxicated to the extent that he could not form a design or plan deliberately to commit the act. If ho was not so deeply in toxicated, then his intoxication must go for naught. If the jury believes that Jones came to his death through the accidental discharge of a pistol in the hands of Diotrich it is then its duty to acquit him. To show whether the shooting was accidental or not tho burden oi proof must rest with the defendant. Tho jury, t.herofore, may arrivo at ouo of four verdicts: murder in the first degree, murder in the second de (Continued on Fourth Page). 10 SHOULD PAY FORJCCINATI Tho school board is in possession of two iniportaut communications, which that body thinks should help to settle tho mooted question of.who should pay for tho vacciuation of school children when the pareuts are too poor to meet the expense. It is apt to occur that children of indigent parents for the want of vac cination are deprived of schooling un der the present law, unless either the school board, the poor board or the board of health makes itself responsi ble for the payment of bills incurred iu this way. It has always been a problem in Dan ville. A few years ago the school dis trict made itself responsible and in the end found itself confronted with a bill of some $2? for vaccination. It declined to repeat tho experiment aud appealed to the poor board as the body that should be logically expected to assume the cost. The poor board,how ever, gave notice that it would not pay the bill. There has been no pro vision made therefore for children of indigent parents aud those who could get vacciuated did so aud others who failed found themselves oxcludod from school under the present law. To obtaiu decisive information on tho subject at a recent meeting of the school board it was decided to addross a lotter to tho department of public instruction also one to tho department of hoalth at Harrisburg. Replies have boon rocoivod from both sources, terse aud to the point: Tho first communication signed by Henry Houck, deputy superintendent of public instruction,addressed to W. H. Orth,secretary of the school hoard, says: "In answer to your quostion which lias been referred to me, I would state that there is 110 law authorizing school boards to pay for vaccination. " The second communication, signed by the commissioner of hoalth, reads as follows: " VV. H. Orth, socretary. Dear Sir: 111 boroughs I should think the board of health should pay for vac cination. Tho Stato has been assuming this expense in rural districts whero there aro no boards of hoalth. Yours very truly, SAMUEL O. DIXON, M. D. Meeting of School Board. Tho school board held a regular meeting Mondav evening. A couple of hours were spent in discussion relating to school matters, but very little act ual business was done. A communication was roceived from Miss Knmia Youuguian, tendering her resignation as pupil teacher,a position to which she was elected during last mouth. On motion of Mr. Fischer tho resiguatiou was accepted. On motion Borough Superintendent Gordy was instructed to correspond with houses dealing in school supplies for tho purpose of obtaining prices 011 tables for use in tho laboratory If prices aro at all reasonable 110 was in structed to act in conjunction with tho supply committee and procure a table at once. Tim school board in ill receipt of a couimuiiicatiou from tlio govornor of tlio Comiiioiiwenltli nntl tlio (loilicatiou commission invitiug tlio board to be present at the dedication of the capitol at Harrisburg oil Thursday, October 4th. On motion the invitation was accepted. On motion of Mr. Fischer it was ordered that on Friday of each week the SCIIOOIB close at 3p. 111. , and that recess in the afternoon be omitted. The following member a wero pres ent : Burns, Ortli, Pursel, liming, Fish, Fischer, Lutz, Trumbower and Hoiss. The following bills were approved for payment: S. J. Beaver 111.20 E. L. Aten&Oo 11.75 Trumbower & Werkheiser I). 17 John Bruilor 2 35 Morning News 2.00 U. L. Gordv 11.25 N. C. Prentiss 2.00 Kobort Miller 2.50 Ginn & Co 68.27 George W. Boat 1.50 Allen & Bateman 30. Hi H. M. Schocli 25.67 Teachors & Janitors 17W0.00 Repainting Trolley Cars. The Danville and Bloomsburg elec tric railway company is overhauling its closed cars. One of them has al ready been completed and, resplendent with new paint, has been ill service sinco last Saturday, when it was first employed at a funeral. All the origin al colors of the car liavo been restored and a gloss anil polish imparted that gives the car a more handsome appear ance than when new. The second car is now being over hauled and will bo back into service in a sliort tiuie. After which the third aud last of the closed cars will bo ro paiuted. It is evident that General Manager Miller is not content with having the trolley track in lirsl class condition, but he is determined that j the rolling stock must show up in a way to correspond. It is a lino evid ence of enterprise. Will Improve Church Property. The congregation of the Reformed church at Strawberry Ridge is about to enter upon a system of repairs on its church property. A line vestibule will be erected, the material being al ready on the ground and work will begin this week. New seats will also be installed and the interior of the edifice generally renovated. NO 1 COUNCIL PROCEEDINGS The mooted question who should bo water commissioner for the ensuing year was settled by council Friday night by the election of James T. Magill. Tiie deadlock, with George Keif suyder anil Charles Pusey as candid ates, which had existed for over a month, showod 110 signs of being brok en and council as a body.it seems, be came convinced that it was folly to hold 011 to the old cand i.lates any long er On motion of Mr. Angle it was de cided to drop both of the old candid ates. Mr. Bedea thou nominated James T. Magill for water commissioner for tlie ! onsuiug term. The nouiiuatiou was secouded ami a vote wan taken when it was found that Mr. Magill wan unanimously elected. Frank Boyer was at council to pro test against the condition of Bloom stroet, recently reconstructed with streets, he said,could be made with cinder, if it was properly appliod. As the road is it is impossi ble to haul a two-toil load over it. He warned council that the street would be returned to court next week. Mr. Sweisfort said the street com missioner is unjustly blamed for bad job done. In his opinion, tlia commit tee on streets anil bridges were re sponsible. A portion of the cinder, he said, should be carted away and the road lowered. Mr. Jacobs said the difficulty was that tho borough has undertaken too much work for Mr. Miller to handle at one time. Now was ihe time,when so many men aro idle, he said, to en ter upon the work of stroet repairs ou a largo scalo, as tho stroets of town nre in a notoriously bad condition. He moved that John L. Kvaus be employ ed by the day to assist in a thorough supervision of street repairs to the end that more satisfactory results may be obtained. Tho motion prevailed and it was orderod that Mr. Kvaus be em ployed and a general improvement of the stroets entered upon at once. Uu motion it was ordered that coun cil purchase 100 tous of broken lime | stone from Denuis Bright, provided it ! could bo obtaiueil at til) ceuts per ton. The following jietitiou was receiv ' ed : "Wo, tho undersigned residents of ! West Mahoning street exteml a wish that a light bo placed at the corner of West Mahoning street and Ktter's Al ley." Following aro the signers: Wil liam T. Turner, Morgan J. Williams, J Jacob Weimer.Tillie K. Saunders, G, IW. Hotfman, John H. Geruert, Louis H. Geruert, Thomas Brecht, John Al bock, Charlos Kehl, Thomas Trainor, Sr., O. G. Marks. Ou motion tho petition was referred | to the committee ou light. , Ou motion of Mr. Jacobs it was ord -1 ered that water takers ou North Mill street, whose pipes need repairs, bu notified that all such repairs must be mado this fall ill order to obviate the necessity of digging up the street next spring. Ou motion it was oidered that Ja cob Eugle,North Mill street, be given permission to line a.small frame build ing with steel sheeting iustead of with brick as was directed at a previous meeting. Oii motion of Mr. Bedea it was ord ered that tho sower ou North Mill utreot be extended up each of the streets out of the way of the paving. Ou motion of Mr. Kussell it was ordered that all the old hose belong ing to tho borough that is without coupling, be sold as junk. 011 motion of Mr. Vastine it was ordered that a rubber matting, 8 feet by (I feet, bo purchased for the switch board at the light plaut in order to in sure greater security. Tho following communication ad dressed to council was read by the sec retary: "The Governor of the Com monwealth and the dedication com mission request the honor of your pre sence at the dedicatory ceremouies of the capital of Pennsylvania in Harris burg on Thursday, October 4th, IWO6. On motion of Mr. Vastine it was ordered that the communication be ac cepted ami a note made of it ou the minutes. As many of the councllmen will attend as possible. J. V. Gillaspy appeared before coun cil to ask that the borough assist him to olovnte his buildings on Mill street to conform witli the change of grade. He stated that if tho borough would raise tho lower building in a satisfac tory way lie would raise the upper building himsolf. His proposition seemed to meet with coaucil's approv al anil it was decided that it be accept ed. On motion it was ordered that the street commissioner raise aud relay with brick the crossing at William Moyer's property on East Market streot. On motion of Mr. Jacobs Herbert Myerly was ordered to lay a pavement on Church street below Front within five day's time. Ou motion of Mr. Sweisfort it was ordered that a crossing be laid at al ley at rear of Shiloli Reformed church. On motion of Dr. Sweisfort it was ordored that the Friendship Fire com pany bo employed to do all the haul ing of coal until further notice. The following members were pres ent at the meeting : Gibson, Vastlne, Sweisfort, Russell, Dietz, Bedea, Fiuuigau, Anglo, Jacobs, Hughes and Eisenhart.