Somerset herald. [volume] (Somerset, Pa.) 18??-????, 1889-06-01
"chrislIy' Yoder is Avenged
The Fayette County Bandits Given a Taste
Of Somerset County Justice.
No More Torturlng OF Defenseless
Old Men by Lewis, Tasker and
the Two Sullivans.
The Verdict and Sentence Give
Universal Satisfaction.


livan and Marshall Sullivan, the convict
ed members of the McClellandtown gang
were brought into court, and A. c. Hol
bert presented the motion for new tria
of which he had given notice last night
He said that owing TO the shortness o.
the time since the prisoners had been
convicted, he was not prepared to argue
the question at length. The reasons ad
vanced in support of the motion were:
First. The refusal of the Court to permit
continuance of the case, in order that
the attendance of Nettie Sullivan as q
witness might be obtained.
Second. In the case ofCharles J. Levi:
the refusal of the Court to grant tenn.
porary delay in order to procure the at
tendance of Nettie Sullivan, in which
case the defendant could have gone on
the stand and explained his whereabouts
at the time of the commission of the of
fense.
The third and fourth reasons Yera has.
ed on ailedged improper remarks MADE
by the District Attorney in his argument
to the jury yesterday, which, it was al
iedged were calculated to create pref udice
in the minds of the jurors.
To this the Court replied that they did
not see how the remarks of the District
Attorney could have prejudiced the case
against the defendant, for the instruction
to the jury was very explicit on theil
duty to try the case on the evidence, and
not on anything else. As to the question
of procuring the attendance Of Nettie
Sullivan. the Court said the defendants
had not shown that any return had been
made to the attach ment granted by the
Court for that witness, or whether thai
attachment had been sent out at ali
that there was ample time for an officer
to have gone that distance and returned
The motion was then overruled.
The Court announced that the othel
two bills against Lewis, Tasker, and th'
two Sullivans, one for larceny, on infor
nation of Ella Baker, and one for assault
and battery with intent to kill, on infor
nation of Christian Yoder, would b'
held over until the completion of th'
sentence which would be imposed for th'
burglary for which the defendants has
been convicted. This was proper ant
necessary, the Court said, on accoun
of the great expense which woul'
be entailed on the county b.
OBTAINING so many witnesses here 70
so long a time, and also because thei
was some doubt whether these indict
ments could be sustained, as they woul'
probably be held to be part of the sam
offense of which the defendants have jus
been convicted. All witnesses in the cas-
were then discharged, and the Distric
Attorney moved for immediate sentence
The defendants were then asked If the.
had anything TO say before sentenc
was passed. Lewis rose to his feet an
said that himself and Tasker had bee
forced to trial when they were not read,
and that they had no chance to make
defense that the District Attorney ha'
preiudiced their case by improper decla
rations made about the Somerset count
dutch, people against whom he ha
never had any i'll will; he said the ali
seuce of Nettie Sullivan had preyente'
himself and Tasker from going on tn
stand and explaining their whereabouts
, In her absence, ii was useless for then
to 90 on the stand, and he hoped tn
court would take all the circumstance
into consideration. Lewis brief address
although at times somewhat incoheren'
taken in connection with his course ol
5 the ttial and while in prison, showe'
+ him to be possessed Of somewhat variou
attainmenis, able to make sPes'h, CON
NIT burglary or have would be cap
tor skip gracefully over fence with hi
"hands Up"
Decatur Tasker rose next, but content
, cd himself with simply saying that the
had not had a fair trial.