Evening journal., 1891-11-20
LAST EDITION
THE JURY WAS HUNG
Partisan Politics Prevents
Mitchell's Conviction.
THE SMITH BURGLARY RECITAL.


nessss Whom He Cannot Confuse,
Laughter In the Court.
When court reconvened yesterday after.
noon Deputy Attorney General Davis re-
sumed argu ment for STATE in the case ei
the State VS.. Edmund Mitchell, Jr.. ct al.
for impeding elections in the Fifth ward,
he said that failure TO convict In the
face of such evidence as had been ad-
duced would be a stain upon the state
and would be discussed In every paper,
and every crossroads store from Brandy.
wine to Little Creek hundreds.
The jar Charged.
Judge Cullen charged the jury He
said
'GENTLEMEN. - This Indictment
charges that by reason of violence and
breach of the peace on the part of the
defendants at an election which oc-
Cured on the 9Th day of June last, an
election was impeded and persons we're
prevented from voting. That Is to say,
that by reason Of threats. confusion aud
breaches of the peace persons were afraid
to vote That al election was impeded
and interrupted and voters were intimi-
dated. 1t is necessary that these charges
must be prov en- to your satisfaction to
justify you in voting for a conviction.
and they must be proven against the per
sons here charged. The questions
for you to determine are. Was there an
election7 Was there by reason of threats
or intimidation, or scuffling any persons
prevented from voting7 We're these
persons the ones guilty OF causing this
disturbancef What caused the disturb
ance has nothing TO do with the case
A man goes up to deposit his vote The
election officer says he shall not vote No
man has right TO vote after that IL is
final Ii the election officer is wrong he
has a remedy under the law. That is tine
end Of it. II he does anything to impede
the election such as getting up dis
turbanos he is guilty. for he impedes an
elect on,
There has been much testimony ad-
duced in this case that has nothing to do
with it. The question for you to keep
before you is whether the defendants
were guilty o. impeding an election.
Again, gentlemen, if persons were
there aiding and instigatIng such dis.
6Sasr, even II thsy did not taAs part pei
sonslly in the pushing, hauling or vio-
lence, they are liable under the indict-
ment. You have heard the testimony,
and it is for you to decide.
Election officers have right to give
certain orders, to regulate matters and
disturbances around polling place. and
If any person refuses to obey. then be Is
guilty Of impeding an election. Their
qualifications have nothing to do with
the case. If you believe that some of the
defendants are guilty and others limo,
cent you should designate the guilty
and the innocent ones, aud make your
finding accordingly"
The jury retired at 3.15 o'clock.
The Smith BareIArv cass.
Frank d Carpenter called up the case
of the State vs.. Tucker, Woods and
Smith, for burglariously entering the
house Of and murderously assaulting
Robert Smith, on Rodney street. He
stated that he had his witnesses here
from Philadelphia and was ready to 60 on
with the case BE said that the case was
continued from the September term and
set for the first day Of court On that
day during his absence the case was set
for yesterday morning
The state was not ready but promised
to be ready to go insO the csse to- morrow
morning
A LaughabIe Case.
| 1.-THE most lRughable case of the term
was that of the State vs. Joseph Lud-
wig He was charged with receiving
cents worth of sheet lead from two
small boys, John Peyton and Bruno
Sobilsky, knowing at the time that they
had stolen it from the phosphate factory
of the Walton and Whann Company.
Woolley for state, Turner for defence.
David w Eliasou, an employe Of the
company. testified that he caught the
boys stealing lead He got it back. They
were arrested, and said that they had
4 sold other lead stolen from the same
place to Ludwig, a junk dealer doing
Il business in Browntown, and that he had
\ told the boys to steal more of it and he
& would buy it,
John Peyton, boy about II years old.
H next took the stand for the state. He
4 was badly frightened when Mr.. Turner
trained his gaze upon him The question
arose rs to whether he knew the nature
of an oath.
Mr.. Turner asked him what it meant
to swear on the Bible
he replied; If you don't tell the
truth you will 60 to hell" +" daughter.
He stated that he and Bruno sold sheet
lead to Ludwig on July 8. He asked
h them where they got it They told him
that they stole it at the bone mill. He
told them he would buy it and for them
to get more He paid them cents for
the lead He said that it was the first
wrong thing he had ever done before or
I'll since.
Little Bruno, the Pole, was neat
scalled He was Peytons companion in
crime and could just see over the rail Of
the witness stand. He placed mis- hand
on the Bible TO be sworn.
Mr.. Turner-"What are you about to
# do2
This boy was even worse frightened
than the other. He did not reply
Mr.. Turner--''l say what are you 60
u ing to do nowi'
Bruno--"Sw wear
Mr.. Turner--"WhRt do you under.
stand by swearing
Bruno--"If I lie will 60 to hell
Jndge-"Whst did he ssyp
Mr.. Turner-"He says, IL your honor
oeases, that If he lies he will go to hell
that is phraseology. Much laughter
He simply corroborated Peyton's state.
nent and said that he got two of the
seven cents received for the lead.
He was the last witness for the state
Frank Keifer, Agnes Buhrenbach.
III louise Buhrenbach, all inmates of the
ludwig mansion in Browntown, stated
Il hat they were at home all day on July
81 !, ana the boys did not sell anything
IL here on that dsy
Officer James Scott testified that he
.rrested Ludwig on warrant but did not