Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-02-05
SURPRISE IN COURT.
The North Branch Conspiracy Case
Comes to a Sudden End.
NnNHAM CONFEsSES HIS ERROR.
lie Is Fined 81 and Costs and Further
Proceedings Are Dropped.
THE OTHER DEFENDANTS ACQUITTED


ESPECIAL TELEGRAM TO THE DIsrATcH.I
DANvILLE, Pa, Feb. 4.-To the great
surprise end evident disappointment of the
large audience that has crowded the court
house daily for the past week, the famous
North Branch Steel Company conspiracy
case came to a summary ending this morn
ing, and with it ended the other conspiracy,
burglary and false pretense cases in which
that company and the johnson Company,
of Johustown, were interested.
Yesterday A. j. Moxham, of Johnstown,
was on the stand all day, and his cross-ex-
animation was to be resumed this morning
When court opened, however, he entered a
plea OF "nolle contendre." 1t was admitted,
and the case was concluded by the Imposi-
tion of fine on Moxham Of 81 and costs of
prosecution.
Verdicts of Acquittal Ordered.
The jury was then directed to bring in a
verdict of not guilty In the following cases:
r. S Murphy, H. Shea and Z. B. Entwile
for burglary; Murphy, Shea and Entwile
for larceny; Frank P. Howe, Henry II.
Leisenring and J. r. Williams for con-
spiracv. and Henry H. Leisenring for false
pretense, In the latter two cases the prosecu-
tor to pay the costs.
In his statement to the Court Mr.. Mox-
ham said: "The johnson Company had a
suit pending against the North Branch Com
pany for infringement of patent. l was ad-
vised by nv counsel that certain evidence
was necessary to sustain the suit. A man
named Henry Leisenring presented himself
at JohnstoWn and professed TO be able to get
the proof for me, and took advice OF coun-
sci as to my right to send men into the mill
for the purpose, and was informed / had a
right TO do SO.
Caused the Mems Arrest
"Acting on this advice and at the solicita-
tion of Leisenring, who turned out to be an
agent of the North Branch, sent the men
into the mill for the purpose of obtaining
evidence, and they were arrested on the
premises.
81 had no intention to commit an offense
against the law, and am not satisfied that 1
have done so. My action in declining fur
ther TO contend against the count of the in
dictment is determined by the fact that 1
have unintentionally involved other men in
the prosecution, and when the prosecutor
through his counsel, rendered me an oppor-
tunity to relieve them from responsibility
without pleading quietly myself, 1 felt it to
be my duty to accept ii.
What the Ending Indicates.
Public opinion here, which naturally in
the majority of cases leaned strongly to the
North Branch Company, is very much di-
vided as to what the abrupt ending of the
trial indicates. Many consider the whole
affair as simply one phase of the patent liti-
cation which continues between the johnson
company, of Johnstown, and the North
Branch.
From expressions of the jurvmen since
adjournment, 1t is safe to say that the re-
suit, ii the trials had been continued, would
have been a disagreement The more con-
servative thought probably finds expression
in the opinion of President Judge Skeler, in
which he said:
''In the investigation of the case, we can
not help but think the defendants were led
step by step, and perhaps by the conduct OF
the detective, to give way to their better
Judgment in the transactions and that while
the motives of f. P. Howe were worthy in
appointing Leisenring a detective, he, the
detective, perhaps, exceeded the bounds an
officer of the law should 60 in detecting
crime"