The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1892-06-01

Or. H. Clay Mckinley sworn Live in
Meyersdale: have been physician and
surgeon for p years. This witness cor
roborated the testimony given oy the
physicians who preceded him on the
stsnd)
TESTIMONY II KEBUTTAL-
Joseph Dougheriy recalled; The de-
fendant was not imposed upon did
not tell defendant to put up his gun. I
did not hear defendant say be shot in
sel-defense-
H. NJ Kephart recalled I did not
tell the defendant 10 stick to it when he
told me about inland coming at him
with a pick.
Case closed and Witnesses discharged
at , P ~ Thursday.
After the case had been closed counsel
spent halfhour in arguing the points Of
law on which they desired the court to in
struct the jury.
District-Attorney COlbOrn commenced
his argument to the jury at $50, and af-
ter speaking halfhour Was compelled
to quit on account Of sickness.
He presented the case Of the common
wealth ably and impsrtially, and asked
for a verdict Ofmurderin the first degree.
Mr.. Colborn was followed by ex-Judge
Baer for the defense. This was Mr..
Baer's first appearance before a jury in
the capacity Of an attorney since he was
elevated TO the bench almost eleven years
ago. and he made one Of the most logical
and clear-cut expositions Of the law gov
erning the case ever heard in the Somer-
set county courts since the days Of Judge
Jere Black. Notwithstanding the fact
that the Judge has not plead case for so
long period, it is evident that he has
lost none Of his Old-time vigor as an adj
YOeate.
Hon. Thos. NJ. Marshall. glorious old
Tom Marshall" as he is affectionately
called by his friends. the most eminent
criminal lawyer in Pennsylvania, if not
in the United States, followed Judge Baer
for the defense. he was listened 10 with
breathless interest by the large audience
occupying eSery available inch OF space
in the large court rOom- Mr.. Marshall
aaalyzed the testimony adduced as only
a master in the profession can and crea-
It'd enthusiasm that was difficult to sup
press by his vivid defamation when he
arrived at the point where INLAND APP
piled the opprobriOus epithets TO Fahrer,
rejecting on the character Of his mother
and Of his birthright It was a wonder
fll appeal to the manhood Of the jurors
and LEFT an impression on the audience
that will not soon be forgotten. Mr..
MlEshaIl paid high compliment to the
talent Of the Somerset bar, and SAID that
he had only come to Somerset to defend
a boy from his own county Of Allegheny.
At the conclusion Of Mr. Marshalls adj
dress court adjourned to meet at 7:40 Pm.
General KoOntz began his argument to
the jury in behalf Of the commonwealth
at 40 p. N. The Generals Oratorical
ability is 70 well-knOwn too the people Of
this county to require any comment, but
he never spoke with more earnestness or
t. better effect than he did on this occa-
sion. The several interruptions 0foppos-
ing counsel only intensified d the speakers
inyective lie rehearsed all cfihe testimO-
ny from the commonwealth standpoint
and concluded by asking the jury to
make a true deliverance in accordance
with the evidence.
Judge Longenecker charged the jury
Friday morning. lie spoke for over an
hour, and in that time rehsarsei all of
the principal evidence in the ease and
clearly defined the law on homicide.
The jury retired to their room at %
minutes past = o'clock and shortly af-
terwards took a ballot. Two Of the jur-
ors are understood to have voted for
murder in the first degree, six for mur-
der in the second degree and four for vol
untary manslaughter. The jury wrestled
with the question OF their verdict until
o'clock in the afternoon, when they unan-
imously agreed upon verdict Of ~voiuh-
tary manslaughter."