The star. (Reynoldsville, Pa.) 1892-1946, 1893-02-08
4. J. BEATTY FOUND GUILTY
A SPEEDY VERDICT GIVEN.
The Jury Takes But Nine Minutes to
Find Him Guilty of Poisoning.
Judge Stoves Charge
to the Jury.

dered at Pttsburg in the case of II, !.
Beatty, charged with poisoning the non
union workmen at Homestead. The jury
was out n very short time. II was nine
minutes from the time they entered theii
room until they reported their verdict ready
This is accounted for principally, by the
fact that the evidence was all in and the ad.
dresses were made the day before, so thai
the Jurors had all night TO think about Their
verdict
The effect upon Pcatty was pitiful to see,
He startled as though he had received mn
electric shock, then his lower jaw dropped
and his muscles relaxed. His arms fell 10
his side and he showed plainly that he had
been dealt a terrible blow. There was per
feet silence all eyes were turned on him. AT
a sllentjn0d from Judge Stowe his keeper tap
ped him on the shoulder and beckoned him
to follow. Beatty started as the hand
touched him He uttered n heavy sigh and
slowly followed his leader to his cell
The attorneys for the Commonwealth say
that for the counts on which Beatty was
found guilty II is legal for the Court TO SEN
tence him to % years in the renltentlary.
ATTORNEY Bremen was asked what the de.
fense would do now, and replied that moth
ing had been decided upon.
Judge Stowe in his charge said; ron VIII
see that there are two distinct and separate
charges made in different ways in regard 10
means and result one of attempting to mnr'
der and injure Griffith the other of attempt
ing to murder and actual injury to. Others
than Griffith unknown to the grand jury.
Upon their Indictment if the jury believe
the poison was the means used, and the de-
fendent is guilty Of using II with intent to
iniure and sicken any person comprehend-
ed within the Indictment that is to say W.
f. Gritiiths or others then unknown TO the
grand jury, then your verdict must I've
guilty in that charge. alleging the use of
roison and it will be unnecessary to direct
your attent IN To the other counts merely
alleging the intent without reference to the
means used TO commit murder, do great
bodily harm to w T.. Grithths and Others,
for the reason that the charge of poisoning
includes the other charges. And If the de-
fendant is guilty of the former il necessar.
ily involves the latter. The whole evidence
seems to me to point to the use of poison II
anything was used TO sicken the workmen
by the defendent, and If that was not used
think the jury should acquit But If poison
was used as ALLEGED by the commonwealth,
and Grifiiths was injured by taking it, un-
der the circumstances he states, whoever
was intentionally instrumental in admins
tering or having administered to him was
guilty of the felony charged in the indict'
meni, legally involving the intent to muir
der although such persons may not have
actually intended to injure Grffiths in par
licuar nor to take his life. When one ad-
ministers poison with in ent to injnre and
sicken another, and such person dies from
the effect of the injury il is murder, at least
Of the second degree, under our statue, al
though it may be apparent that his intent
was actually not to take life.
SO it is when one person prepares to kill
or injure another and in pursuance of such
original design, accidentally given to the
wrong person. then he must inquire into
what is meant by poison under the statute.
The satisfactory definition find Is "a sub
stance that has an inherent deleterious
property, which renders 1t when taken into
the system in small doses capable of destroy
ing life or de.eleriously acting on the body
when taken in small doses,
THE testimony in this case, so far as it
tends to show that any substance was used
10 sicken and injure the parties TO whom 1t
was administered points so strongly to poi
soning of some kind, that II seems to me as
before stated tnat the jury will probably
have no trouble in concluding from the evi'
dence that If any deleterious substance by
the authority or connivance of defendant
that thing was poisonous character IN the
proper and legal sense OF the term poison
"'The jury will readily remember the evi.
dence which tends 10 show the character of
the powders claimed to have been used
without reference TO it by me"
Judge Stowe then went over in detail the
meaning OF Ill lHe COUNTS anu ins'iueteu 'he
iury how to convict on certain counts, II
they did not wish TO convict on all. He
also reviewed in detail the evidence OF Gal
lagher and Davidson, showing in what
points they were corroborated. In showing
this the court says:
We may say here both Dempsey and Beat
ty corroborate Gallagher in respect to his
(Beatty's) employment to secure persons,
among them Gallagher, to go 10 the mill for
purposes other than cooks were ordinarily
employed for by the managers OF the works
"But here is where the difference arises,
where the guilt or innocence OF Beatty un'
der this indictment depends. Whether you
give credit to the story Of Gallagher and
Davidson as to his connection with the Of
fenses alleged TO have been committed by
putting these powd RS to be used at the mill
The evidence OF Beatty and Dempsey, while
corroborating Gallagher thus far, differs
radically as 70 what the purpose was. IL, as
assigned by Dempsey, 1t was simply to plav
the spy npon the works and TO find out for
his own purpose what was going on there,
whatever we may think of such business, it
certainly will not justify the conviction of
Beatty, even If Gallagher, as he himself
says, administered some injurious substance
in the food in the mill But this question
must be determined by all the evidence in
the CASE
Continuing, the Judge said; "If Gala.
ghers story is corro Dor ated in any material
respect, such as induces you to rely upon
and give it credit, you should act upon it ac-
cordingly. Indeed il it comes in such
shape as carrles conviction to your minds
beyond a reasonable doubt. you shonld not
discard it simply because it is the testimony
OF an accompllce, but give it proper consid
GRAFTON in making up your verdict