Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-02-24
THE COMMONWEALTH vs.. TROUT

The case of the Commonwealth of Pennsylvania
VS.. James Alem Trout, indicted as accessory be-
fore the fact, to the murder of Frederick c. Mock,
IN st. Clair township, on the evening of the cleo
ton, the 1lth of October last has excited great
deal of interest. The trial occupied three days of
the Court On Friday evening, His Honor, Judge
King, left the case to the Jury in very able, clear
and impartial charge The Jury retired to their
room and in about half an hour returned verdict
of Not Guilty. The evidence in the case (the i'm
portant portions of which we publish in another
part of this paper) established the fact that the
defendant was not present at, and had no instru-
mentality IN the arrest or death of Mock that,
in the language of the law, he neither procured
counselled commanded nor abetted, the arrest or
killing.
1t appears that about the time the polls closed a
number of persons grossly and repeatedly insulted
Gideon d. Trout, the father of the Defendent,
whose residence and store are in the immediate
neighborhood of the place of election That this
was done by preconcert, and with design to induce
tight. That after long forbearance Mr. Trout,
reused by fresh insults to passion beyond control
rushed upon one of his tradueers, and fight en-
beaten. That during this fight Frederick C. Mock
struck James Alem Trout across the face with a
rifle gun, with such force that he was knocked
back three four steps, fell to the earth and the
bones of his nose fractured Defendant got up
and leaned against the corner of the election
house, ndwhilst wiping the blood from his face,
was approached by soldier who inquired who
struck him. In the heat of passion and pain, he
replied, Fred. Mock, arrest the d--d black
hearted scoundre and If he resists shoot his heart
out of him. = The soldier followed Mock few
rods and returning told the Defendant. 'He has
gone, if | had caught him would d-d soon
have halted him, but he has gone, let him 60 "
During the melee. it appears, tive ofthe soldiers
interfered to keep the peace, and that Frederick
O. Mock, who was armed with revolver and rife,
drew his rifle upon one of them. Some time af-
ter Mock had left the ground this interval is va
rously stated by the witnesses at from twenty min
utes to one hour this soldier reported to the ser
geant in command that Mock had drawn his rife
upon him and threatened to shoot him. The ser
geant thereupon ordered three of his nea to 20
after and arrest Mock 1t was not told to the SER
geant that Mock had struck the defendant The
order of arrest was given by the sergeant solely for
the reason that Mock had presented his rife at
and offered to shoot the soldier. The defendant
was not present when the order of arrest was Civ
en- In pursuance of this order the soldiers got
out their horses and started taking behind one OF
them, Richard Trout, to show the road Richard
Trout, called BIB by the witnesses, is a younger
brother Of the defendant, aged sixteen years. The
Commonwealth alleged that the defendant sent
his brother to show the road one witness testified
to this; but the reverse was testified to by many,
and among them several witnesses for the Com
monwealth. 1t was proven by several that the
defendant as soon as he heard that his brother
had gone, expressed his great regret, and that if
he had known of it he would have prevented it.
The soldiers went to Moek's house distance of
about two miles. He was not there They star
ted to return, met him on the road arrested him,
told him they must take him to Bedford. and pro
ceeded as far as Alum Bank, where be attempted
to escape, and received his death wound, at the
hands of the soldiers, by musket ball which en-
tered his breast and passed through his body
The violent death of Frederick c. Mock is ex-
ceedingly 10 be regretted It never would have
occurred but for the crowd of rl1fians and black
guards who fingered around the place Of election
a. Ter the polls had closed, and insulted Gideon d.
II out, in hearing Of his wife and presence of his
fan ly, with taqgts, abuse and yiifcation coupled
Wit ! gOss yulgarig, Itwas proven that they