The Carbon Advocate

The Shooting In Mahoning Valley
Considerable excitement was created in our borough on Sunday last, a little before noon, by the report that a young man had been shot and killed, a few miles up the Mahoning valley, while engaged stealing cherries. The particulars of the affair as we learned, appear to be about as follows: Late on Saturday night a party of boys and young men, ranging in age from 14 to 21 years, consisting of James Burke, alias Kelley, Patrick O'Donnell No. 1 and 2, Francis Malloy, Manus Bohner, William McLaughlin, William McClean, William Davis, Hugh O'Donnell, and Frank Brady, left Summit Hill and proceeded to the Mahoning valley, with a supply of baskets and pails, which they proposed to fill with stolen fruit, before the farmers were about Sunday morning. A heavy storm of rain accompanied by vivid flashes of lightning and terrific peals of thunder, passing over the valley between 3 and 4 o'clock, they were compelled to seek shelter, which they obtained by entering an unoccupied building through the windows. In this place they remained until the storm had passed, when they proceeded to the farm of Mr. Amos Reigelsberger, over which Mr. Daniel E. Fritz has been placed as manager or superintendent, and commenced to gather cherries from the trees, without asking permission from any one. Being observed by Mr. Fritz, he armed himself with a gun and proceeded to the spot. Arriving there he ordered them to desist from picking cherries and to leave the premises, which they all appeared to do with the exception of one James Burke, or Burke Reilly, as he is called,—a young man about 20 or 21 years of age, who loitered on the tree, and, on finally coming down, became abusive to Fritz, and commenced to throw stones at him, whereupon Fritz went up to him and struck him with his gun alongside the head. Burke then reached to his pocket and exclaimed: "Damn you, I'll shoot you!" when Fritz, believing his own life in danger, fired the contents of his gun at the lower extremities of Burke; but the latter stooping, as he supposed to dodge the shot, received the load in his neck. He staggered to and over the fence into the road, where, sitting down, he attempted to take off his coat, but fell over dead before he could accomplish it. Fritz then went to his house, but shortly returned and surrendered himself to a Justice of the Peace. A coroner's jury was empaneled, and, after hearing the testimony, rendered the following verdict: "That deceased was shot by Daniel E. Fritz in self defense." The following are the names of the gentlemen who composed the jury: Josiah Musselman, Thomas Musselman, Geo. Maurer, Elias Hopes, S. Sittler, Wilson Miller, Robert McClean, Daniel Kressley, A. Hontz, Solomon Sittler, Samuel Zimmerman and J. H. Arner.

On Monday afternoon, at the request of District Attorney Siewers, Dr. J. K. Kistler held a post mortem examination on the body of deceased. Fifty seven wounds were discovered about the neck and shoulders, and 39 shots were extracted; after which the body was interred in the Catholic Cemetery at Summit Hill.

THE HABEAS CORPUS HEARING.
About 7 o'clock on Monday evening Daniel E. Fritz had a habeas corpus hearing at the Court House, in Mauch Chunk, before Hon. S. S. Dreher, President Judge, and his Associates, Leonard and Wentz. The prisoner waived all formalities relative to the warrant issued for his arrest. A large crowd of the curious were in attendance. The District Attorney having announced that he was ready to proceed, Edward Gallagher, one of the cherry pickers, was called and, being sworn, deposed as follows:
I was up on the tree with the rest; in about 10 minutes Fritz came out and said, "Come down off them trees or I will shoot you." We all got down and some ran through the field; then Fritz said, "Get out of that field, or I will shoot you out." Burke jumped over in the corn field where Fritz was; I then heard a shot: Jim Burke afterward came running and jumped over the fence into the road; he went back a piece and fell down; Paddy O'Donnell and Danny Conanan went to him and held him up for a moment while he was dying: he was shot in the throat chin and shoulder; he did not speak after the shot was fired; I saw Fritz afterward and he had a gun in his hand: he was going toward his son, who was standing off a piece.
Cross-examined by General Albright.—The parties with me were Burke, the two Paddy O'Donnells, Francis Malloy, Manus Bohner, Willie McLaughlin, Willie McLean, Willie Davis, Hugh O'Donnell and Frank Brady: we were about fifteen yards from the fence; we did not have permission to go on the trees: we left Summit Hill about 12 o'clock on Saturday night: we got to Fritz's about daylight: we went in an old store house near by out of the rain: we had buckets and baskets to pick cherries in: We all went over to the trees: Willie McLaughlin was the last one to come down; we all ran away but Burke.
Daniel Conalan sworn.—I was in the store house at the time of the shooting; Brady told me Burke was shot; Burke walked past me about ten yards, turned around and tried to pull off his coat, and fell.
Cross-examined—I came with Burke; started from Summit Hill: the band was out playing when we began to talk about going to Mahoning for cherries: we did not intend to go to Fritz's; we were afraid he was a dangerous man: I had a pistol along.
Patrick O'Donnell, No. 1, was sworn, but his evidence was similar to the others.
Lewis Fritz, son of Daniel Fritz, sworn.—Yes. Sunday morning when I was in my bed my mother came to me and said there were some rowdies on the cherry trees, and told me I should go out with my father; I ran out towards the corn field; my father was calling to them, and when they commenced to jump down Burke said, "Take your time, boys, I'll settle the old s—of a b—h;" then Burke went over the fence and walked up to my father and said, "You bet I'll get out," and he picked up stones, then he said, "or I will make you:" my father was retreating and Burke was trying to hit him: my father struck Burke with the gun and told him to get back: Burke then said, "I will shoot you before you shoot me," and he put his hand in his vest pocket as though he was going to shoot, and then the shot went off: he then dropped the stones and walked out to the road and back again: a fellow then on the other side of the fence said, "Go for him."
Cross examined.—He then threw the stones at my father and said he did not care for old Fritz.
'Squire Moser sworn as a Justice of the Peace in Mahoning township: when I reached the body there were a number around it: there were no firearms in his pocket.
Dr. Kestler, who held the post mortem, was called, and he stated that the deceased died partly from strangulation and hemorrhage. A number of other witnesses were called, but their testimony was similar to the above.
After the hearing Judge Dreher said that according to the evidence Fritz could not be tried for murder in the first degree. He then demanded bail to the amount of $5000. Amos Reigel, ex-Sheriff of Carbon county, went his bail, and Fritz, who enjoys the reputation of being an orderly citizen, left for home. It was after 11 o'clock before the hearing was finished.
For a long time the farmers of Mahoning Valley have suffered from the depredations of the rowdy element of the adjoining mining towns, who, not content with stealing fruit, have broken into their spring houses, chicken coops, &c., stealing all they could lay their hands upon, breaking down limbs of trees and overturning fences, insulting and threatening all who attempted to interfere with them in their wanton depredations, and to us, it is only a matter of surprise that they have not been summarily dealt with by our farmers long before this. That the farmers have been long suffering and patient with these ruffians is undeniable, and that Burke met with his just reward appears to be the opinion of the largest part of our people. We hope that it will prove a warning to others, and that hereafter our farmers will be left in peace to enjoy the fruits of their labor.