Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1872-12-07
Court Proceedings.
Reported by A. N. BRIoE.l

D.
SUNBURY, December 2, 1872.
Commonwealth VS. DR.. b. l.. Kerchner.--Sur
Charge Rape.-Argument on motion for new
trial in the Oyer and Termlner.
In the above case considerable interest has been
manifested from the time the trial commenced,
the first week in November Term. The defend
ant was charged with having committed q rape
upon the person of Mrs. Tobias Long, OF George
town. about fifteen months ago. For some
son IL did not seem mete to prosecute atthe time
the alleged offence was committed. This fact
alone weighed heavily against the prosecution,
and we thought, taking 1t and some other cir
cumstances together, that the jury would most
likely render verdict of not guilty, but verdict
/ Of guilty was rendered, Immediately after which
| the defendants council moved for a new trial,
| filing exceptions TO the verdict. In accordance
Herewith, depositions were taken to prove Ger.
| tain allegations made In the exceptions, and 9TH
ers were taken to dsproye them. On Saturday
night last the motion for a new trial was brought
! up before full bench of judges for argument.
\ The counsel were all present 5. 2. Wolverton,
/ Sol Malick, Goo.- w. Zeigler, and j. X. Davis,
Esqrs, for the defendant, and j. X. Clement,
District Attorney aud Geo. Ilil Esqrs., for the
! Commonwealth, The dispositions for the defence
were read by Sob Maliek, Esq, when Geo. W.
I Ziegler, Esq, opened the argument on the same
side. He was followed by George Hill, ESQ.,, aud
| Gen. Clement for The prosecution. The closing
argument was made by s. =. Wolverton Esqr.,
| for a new trial vwoiiust' savherethat his ar
| gumcnt whs in the main \ good one, and to the
| point. The positions he took 10 entertain the
motion, were principally pnS upon legal objec-
tions to the finding of the jury, or in other words
| that the verdict was not in accordance with the
| law and the evidence ~ ..g.
One Of the points upon which Mr.. Wolverton
| dwclt at some length, was the fact that copies of
the Sunbury papers ln,wlich the writer of these
lines commented little disparaginely upon the
defendant, carle into tho hands of the jury, and
! influenced them IN this finding. 1t is not at all
! probable that the jury were Influenced by the ar
ticlc, although tlie'poipty answered very wel in
the argument. The decisions referred 70 were to
! the point, but tlieysu,ted a time gone by. The
! times arc upon when Intelligence is not dis
| qualification for service as n juryman. The good
sense of the people has now assumed that men
may read the newspapers, and may then form
! previous opiuions In an important case, and yet
be competent, aflerbeing sworn to Try the cause
according tothe law and the evidence, to render
just verdcts. Any other course would place the
verest Know Nothings on our jurics, for who
does rot now-ad days read the newspapers. Be
! cause OF this advancement in knowledge, New
York has placed upon her statute book II law
preventing the disqualification of Jurors because
they may have readt the papers, or formed pre-
vous opinion, and other States are following.
/ After the closing of tho ergument, which was
! about 10 O'clock, the judges counselled together
! for short time, when, without leaving the bench,
they informed the parties that they had conelud-
1 ed to grant n trial, which would therefore be
granted, and the reasons therefor given at ano-
! thcr time Under all the circumstances, this was
! undoubtedly the wisest course the Court could
pursue, and we feel warranted in believing that
one of the leading reasons which prevailed In this
conclusion was that the proseeutriN, Mrs. Long,
tainted before she had been fully cross-examincd
and the defendant deprived of the benefit thereof
! to which he was entitled.
Bail for the defendants appearance at Janua-
ry Term, was offered in S50,0OO, but the Court
decided that the amount be fixed at 10000, and
, accordingly on Monday morning, several gentle
and justified in that amount, eyho stated in their
examination, made oath that they were worth
$4,000 |s.ss 'fai. sG -
1t is out of place to say here anything about
the condition of the case it now stands, or as
to either the guilt or innocence Of the accused.
We do not desire to feed the hungry curiosity of
\ the community in detailing the evidence in n case
of rape. The Doctor will be tried again by n ju-
ry Of his country. and the case will rise and fall as
the evidence nreponderates. Suffice it to say that
conslderablefee seems TO be vii the defend-
ant in his own locality, whether ftom political
/ sympathics or Otherwise we lSnowpot. Andper-
haps as much or more feeling prevails onssthc
other side. ...
We cannot but commend the ability and energy
displayed by the District Attorney, Gen. Clement,
aud George Hill, Esqrs., in the entire prosecu-
tion of the case. They were faithful, and rem
dercd entire satisfaction TO the demands Of the
, Commonwealth.
Ii is to be hoped that the Tenire for the juries
at the January Term will be rendered with pro-
per return, and that 1t will be correct in all parti-
culars. Our sharp lawyers have been picking
flaws in these returns for some time hack. We
hope there will be no more of this that they may
I be fire proof and legal proof, without blcmish or
fault.
Let mo say here an approving word for the
Court. 1t is simply Just. They have been sit
ting for four long weeks, trying cases forthc peo-
Pie of the county, and striving reduce the long
civil list. Our Court Sessions have been held until
late at night, and during the last term large