Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-10-30
THE QUARTER SESSIONS,
Uv rns AuJouaSrD uorusEx TERM
The Jury in tho Frsps strucK Csso Prompt-
~ Bfiogs IN ~ vecaiot OF aniity As
lnaict.l.


inaictsd.
Wednesday Afternoon Upon the reas-
sembling OF court ON Wednesday afternoon
the trial OF the conspiracy case against
Justice Frank and Constable st WAS
resumed. The offer by the commonwealth
OF the bills OF the Justice and constable for
December was objected to by defendants
counsel aud lengthy argument followed.
The court decided to admit the bills only
to show that both were In the hand writ
ing Of Frank and only as to the items In
reference TO Fisher, Peterson, Houok and
Schmidt, the witnesses wtSo were exam.
ined by the commonwealth to substantiate
the charge of conspiracy.
County Solicitor Fry testified that IL is
tho practice Of magistrates to make out
the bills Of tho constables who do their
business.
A few other witnesses were called and
examined but their testimony was uuim-
portant, after which the commonwealth
rested.
Counsel for tho defense asked tho court
to take the case from the jury as the
allegations in the indictment had not been
sustained. II was argued that there was no
testimony offered to show that there was
conspiracy between the parties. The
evidence showed that these defendants
acted in their respective capacities iu the
named in the indictment. II was absO.
lutely necessary for the commonwealth to
prove az the first essentials Of
conspiracy that these two 90 defendants
had mutual understanding that
they would do, would result In
| taking fees illegally from the county.
They have not shown by a single circum-
stance that they ever met except to aot IN
their respective capacities as justice and
|
alleged that the conviction Of these men
| was error these men never took means to
relieve themselves OF the alleged falss
imprisonment by having the proceedings
| of the Justice reviewed. They taoitly ad-
| mitted that the sentences were correct,
and in the absence OF evidence of oolusion
between these dofondants it was con-
| tended that the case should be taken from
the jury and a verdict OF not guilty en-.
tered.
The court declined to take tho case from
the jury, holding that the whole question
is open to investigation.
THE pEFEEsE.
The opening speech for the defendants
was made by Mr.. Eshleman. He said
they would prove that when Fisher ar
rived in Columbia on the afternoon of
December Is he was drunk aud taken to
the borough lookup. Constable Struck
afterwards procured warrant from
Justice Frank aud served it on him that
, iu the cases against the other men Dsmed
in the indictment, all the proceedings
charged fer were had. He said in couclu.
> sion he would show that the defendants
$ never entered into q conspiracy to do any
thing wrong, and that their reputation for
5 honesty was good.
SHOWING GOOD CHARACTER.
Ephraim Hershey, Abraham Bruner,
John +. Stehman, DIR. Alexander Craig,
Z. A. G. Guiles, DR.. Washington RICHTER,
Hiram Wilson, DR.. S. Atlee Boosius, Jno.
3 ). Nichols, VIM. s. Horr, Jacob 5. Strine,
VIM. Harm, Deputy sheriff Hippey,
, Orrick Richards, Wm, Bucholtz, John B.
: Schlegelmlcb, Deputy Sheriff etriue, ID.
]. Thumm, David Hanauer, Joseph
3 SchlegelmiIcb, Henry Nolty snd Is. +.
|, Davis testified that they had known Justice
!. Frank and Constable S,rrck for several
, years aud that their reputation for honesty
was good.
b John 5. Nichole testified that he heard
Q Fishers testimony "a to where he walked
on the afternoon he was arrested by
= Struck, and that it was impossible for
. | Fisher 20 have walked the distance stated
/. by him. between sho arrival OF the train
o from York aud the departure OF the even
ing train from Columbia to this city.
!. of December, she was at Squire Franks
o office saw George Fisher there, aud at
|. the request OF Mrs. Frank she gave Fishor
bun, some bread aud a cup OF ccffse.
Adjourned to 7:30 o'clock.
/ Wednesday, EUsniRg.- Court met at 7:3C
:, o'clock aud the trial OF the Frank Struck
7. conspiracy case was resumed. IL having
been stated by Mr.. Martin that the alder
men of this city formed pool, for the do
| of llad
to testify that he had not contributed tc
any pool. This otter was objected to by
= counsel for the commonwealth, ard a few
/, minutes several of the lawyers in tho case
te were talking at one time. The court
:, finally secured order and Mr.. Martin
stated he made that assertion only after
,r counsel for the defense had asserted thai
3. Mr. Steinmetz had not been employed Il
i. prosecute the case by the commissioners
a There were some further cross firing be
ID tween counsel, which ended with Mr.
,e Martin stating that no knew that tber,
n was pool at one time formed by tn,
N aldermen,
"a Judge Patterson sieucod the talkativ,
0. lawyers by saying that O fine Of ESQ OF
9. each Of the counsel would probably stol
them from talking across tho table.
Fred. Struck, one Of the defendants, wal
the next witness called. He testified tha
shortly after dinner on the 18th Of Deoem
a ber be was taken to the lookup and KEEP
~ ~ there until evening when be was taken tt
= the offioe of Justice Frank Fisher wa
- brought to Lancaster on the train leaving
~ at $40 in the evening after delivering
- Fisher ot the county prison, witness wen
~ ~ back to Columbia on the Columbia accom-
y mediation train I; he also arrested Car
:, Peterson, Joseph Houck and Herman
y Schmidt, but could not remember the cir
-, 70 cumstances upder which these arrests wer,
- made witness never saw whiskey giver
10 10 To men at Squire Franks Office /; he denieC
!" 4 that he had ever made any arrsr gemen
!, with Squire FraDk to defraud the county
70 John p. Frank testified that he wa
!. justice of the peace Of the Third ward
:, Columbia borough he denied having
= made any combination, agreement or hav
y, ~ ing any understanding with COnstabl
40 40 Struck to defraud the county, or to having
-, =, made any arrangements to cause arrest
!" ! for the purpose OF making fees on tn
!. day George Fisher was arrested, Strucl
- came to witness Office and said he ha,
=, ~ him at the lookup, that he had arIeste,
- him for being drunk at Dave Young
- butcher shop Struck signed a complain
~ charging him with that ofiense and sh