The state journal., 1884-05-03
BOSTON TRIED FOR MURDER,
witnesses Who Testified That Boston and
hendrickson HAD Quarrel, and That
Boston had a Kevolver-A Witness
VINO Said HenGrickson Struck
the First BIow-The Verdict.

A little yellow coIored man, with sho.
hair, slight moustache and little tufts q
side Whlskers tringing his ears, sat in tn,
court room 10 day on trial for his life.
was Henry Boston who, it Is alleged OF
November "a, 1888 Shot and killed JOSEPH
Hendrickson another colorcd man, at
disreputable resunt called THE Cottag,
by the Sea, along the railroad at tn,
foot of North street Boston was ar
raigned last January, and pleaded mo
guilty" AS he took his seat by hi
counsel Charles H. Bergner esq, liz
seemed the most unconccrned man in al
the court room. He was dressed in The
clothes he wore on the night Of the muir
der, dark suit, with high collar. Dur
ing the process Of selecting a jury, the
accused sat at the table his chin resting
on bis hand, and occasionally he evinceC
sufficient curiosity to look up as the nues
tions were put to the jurors called Re
garding him with curious gaze was an
audience composed Of three fourths col
ored people
''Well, Mr. District Attorney, what
case have you for trial?" said Judge Sim
onton to Mr.. nj Carrel'.
The case ofthe Commonwealth against
Henry Boston
livery well call q jury, said the Judge,
and the trial began.
Before proceeding with the call Mr.
Bergner announced to the court that he
would insist on the law regarding chal-
lenges, to the effect that the Common.
wealth shall challenge first, to be fol
lowed by defense. and thus continue al.
ternately during the examination ofiurors.
Mr.. Nj Carroll said this related to chal-
lenge in quarter sessions and not in oyer
and terminer. Aftera brief legal tilt, Mr..
Bergner gained first victory, tile court
deciding that the Commonwealth must
challenge first, according TO the reading
of the code, to be followed by defense,
and so on alternately.
The first juror called was George III.
Small, who was stood aside by the Com
monwealth. Abraham Stouffcr was chal.
leuged peremptori]y by the defense Au-
gustus Burnte, Of Harrisburg, was ac-
ceptable to both sides. and was made fore
man Of the jury. Frank Darby was stood
aside by the Commonwealth. John Liv-
ngston was pcremptorily challenged by
the defendant. Samuel Mahon was stood
aside by the Commonwealth. Benjamin
Longenecker was accepted as the
second Juror. Jonathan Lausser was
challenged for cause, he being very deaf
Uriah Rutcr was challenged by defend
ant John Focht was pcremptOrily
challenged by defendant Daniel H.
Kelsey, Of Harrisburg, was taken as the
third juror. George Brcssler was per
emptorily challenged by the defendant.
John q. Mutt, Of Harrisburg, was selected
as the fourth Juror, and Edward Drink
water, Of Harrisburg, was taken as the
fifth juror. Edward Martz, Charles F.
Coates and Christian Bogsler were
peremptorily challenged by the de
Tense. Henry Hooker was stood
aside by the Commonwealth Rob
ert Crawford, Of Harrisburg, was
selected as the sixth juror, and Edwin
Kosure, Of Harrisburg, was made seventh
Juror. NJ +. Meyer had conscientious
scruples against capital punishment and
was challenged for cause James b. Car
penter was stood aside by the Common
wealth. Frank Rcimert was peremptorily
challenged. VIM. +. Gilmore, Of Dau
phin, was selected as eighth juror. jacob
Schtosser, Aaron Shammo, Isaac. Kee-
baugh, VIM X Lemon, George Bonn
gardner and VIM Smctzer were all
peremptorly challenged by the defense.
Peter A Baker, Of Harrisburg; a. b..
M'FaddeD, Of Harrisburg; E. w. Steever,
Of Millersburg, and Michael hamburger,
Of Lower Paxton, were selected as the
remainder Of the Jurors and the box was
full
District Attorney MCamell briefly el,
planned that he would show that Joseph
Hendrickson was killed on the night Of
November "a and that Boston killed him.
Dr. j. G. Criswell, the first witness, tes-
titled that he, with other physicians,
made 4 post mortem examination Of Hen
drickson's body, and fond that there
was wound in the left eye. Afterwards
found thlt bullet had passed through
the brain, which caused his death.
Gross examined-W When the post NOR
TEN was made took no measure Of the
body; he was about five feet high; the
course Of the ball was Slightly upwards
from right to left
DR.. Fred. W. Coover corroborated DR..
Criswell's direct testimony On cross
examination he said the course Of the bull
let was from left to right slightly up
ward
Chief of Police lands was then called.
He was called out Of bed on the night OF
the murder, and found that.the man sus.
pected of the murder had only drawn 5f
cents on pay day at Steelton lie eX.
amined the pay books and found that
only one man had drawn that amount,
and that was Henry Boston. Il then
went to his boarding house and arrested
him | said to him Henry, how did
this happen, was it accidental or other
wiser" | was not sure it was the man,
and wanted to get it ont Of him that
way"
Carroll.
Stop, said Mr. Bergncr, before that
question is asked | wish to raise point
here" Mr.. Bergner then read authori-
ties to show that confession improperly
obtained should be ruled out.
The court said that it would be best 70
ascertain the facts first.
Cross examined by Mr.. Bergner, CHIEF
Lands said that there were several per
sons in the room when he arrested
Boston
Mr.. Bergner then objected to hearing
from the chief what Boston said until he
could prove otherwise. The court on
dered the chief to stand aside, and the
other witnesses
William Moore was then called by MIR.
Bergner, and testified that when Boston
was arrested the chief said to Boston, is
this Henry Boston 2" and then told Bos
ton he had killed man, and supposed il
was an accident, and he might get clear.
Mr.. Bergner asked the court 10 rule the
remaining evidence Of Chief Lands out,
on the ground that the confession was
obtained improperly, but this the court
refused TO do and Chief lands was Re.
called. He detailed a conversation he
had with Boston, in which Boston said
the shooting was an accident He took
Boston to jail.
Annie Adams swore that between !
and 10 on the night Of the murder She