The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-06-25
The COmmOnw wealth VS.. Allen
Case Ended.
TWO THIRDS OF COSTS |
Samuel a. Losoh, the Prosecutor, Must
Pay the other One-ThIrd-The Jury
Finds Verdict After Consulting To-
gether For Twenty Hours.
Special to the HERALD.

optClbl 10 tue HERALD
PoTTsvILLE, June 25.-The jury in the
case of County Commissioner Charles f.
Allen, charged with violation of the cleo
ton laws, yesterday afternoon rendered a
verdict of not guilty, but pay two-thirds
of the costs and the prosecutor one.third.
The jury deliberated for twenty hours
before all differences could be settled.
They retired Saturday afternoon and at
one o'clock yesterday afternoon were
patched for Judge Weidman, Dis
trict Attorney A. j, Ryan and Clerk
of the Courts Shortall and Hon.
John w. RyOn counsel for the defense
Upon the arrival of Judg" Weidman, at
2:3O o'clock, and after the preliminaries
had been disposed Of, the jury rendered
the above verdict finding the accused not
guilty, and placing two-thirds of the costs
upon the defendant and Oue-third upon
the prosecutor, Hon. :. A. Losch. The
jury was then discharged by the Judge
Outside of q few court officials no one was
present when the verdict was given, but
it did not take long before the news
spread over this town.
The verdict was not a surprise to the
great majority of the people, as almost
every one who has read the evidence and
given the trial any thought confidently
expected a verdict Of acqulttal. The only
surprise OcCasioued was the manner in
which the costs were placed. Why the
jury should place the costs upon a man
whom they declare is not guilty of the
crime charged, and who in no manner
forced the case upon the county, is one of
those questions not so easily answered
and which the jury themselves can hardly
Justify.
This seems to be the view taken by a
great majority of the people of the county
seat, while the friends of those who have
been instrumental in the prosecution
claim that the jury simply made a COM
promise in dividing the costs
After the legal points of the case had
been argued by Mr.. Schalk and Mr.. Will
helm, the counsel addressed the jury.
Hon. John w. Ryon spoke for the defense.
His remarks were listened to with marked
attention, and was especially severe
upon the two principle witnesses for
the commonwealth, Charles Hause
and George Heifner. The great
pleader and criminal lawyer numerically
scored the prosecutor, and very tOrCibly
and convincngly showed the reasons that
brought about this suit; that the men
who are behind the scenes are disap-
pointed otiice-seekers-men who are ever
ready to sacrifice their manhood for a
mess of pottage. Mr.. Ryon made an
eloquent plea for his client md presented
I
weak ones of the commonwealth to the
jury to the best advantage
William A. Mari, Esq, addressed the
jury on behalf of the commonwealth and
| made an able and torcible plea. He
| made every advantage possible for his
side, and during the time that he was
before the jury held the latter's close
attention.
The charge to the jury by Judge Weld
| man was an impartial deliverance, and
was very favOrably received by the cOun-
| sci on both sides. 1t was $50 o'clock
| when the jury retired.
After a short discussion of the evidence
the jury took a ballot, which resulted in
| three for conviction and nine for acquittal
| The three jurors who favored conviction
| held out for number of ballots, when
| the question resolved itself into ques
| tlon as to how the costs should be placed
! An agreement was finally reached in
accordance with the verdict as above
| stated.
The costs in the case are quite large, but
| this will probably be greatly reduced by
| the parties charged with them securing
| releases from a number of the witnesses
| Thus ends trial that has been the sub
| iect of much discussion from one end of
| the county to the other, and no where
| more than here, where the battle has been
| fought. The verdict is just as has been
predicted in these dispatChes-that the
prosecution was instituted by disap.
pointed Office seekers, and not for the
publication Of Schuylkill politics, hence
| Mr., Allen would be acquitted and vindi,
| Gated.