The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-04
Still WORKING FOR Beck
Reasons for Action That Will BE
Laid Before Board Of rardOns.
STATEMENTS THEY CONTAIN
Copies Of tho Reasons We're Served
Yesterday by Attorney George s.
Horn on Judge II. NJ. Edwards and
District Attorney John r. Jones.

On Oct. 16 argument will be made to
the board of pardons at Harrisburg
with a view to saving the life of Frank
Beck, who Is under sentence of death
for the murder of Maria Kerzic, at
Olyphant. on Oct. 3. 1894. Beck was
convicted last December and on June
5 Governor Hastings fixed Aug. l as
the date for the execution. A respite
was subsequently granted until Nov.
q, to enable the attorneys of the con-
demned man to call the attention of
the board of pardons to his case.
Though Beck has been in jail for
almost a year he Is in good health,
though his ruddy cheeks have became
somewhat blanched. When he killed
his sweetheart, Maria Kerzic, he had
been in this country only few days
and was unable to speak any English.
During his Imprisonment he has ac-
quired sufficient knowledge to make
himself understood quite perfectly.
III Beck Is afraid to meet death on
the scaffold he gives few signs of IL.
AS the first of August drew near, before
the governor had granted a respite, he
displayed some nervousness and anX-
iety as to what the chief executive
would do, but gave no evidence of
fear. The respite was an evident re.
lief to him and he has since been
buoyed up apparently by the hope that
the board of pardons will stay the
hangman's hand. Nevertheless, he has
spent much of his time in prayer Yes
terday Attorney George Horn served
Judge II. M. Edwards and District
Attorney Jones with copies of the rea-
sons That Will be advanced why Beck
should be pardoned. They are as fol-
lows:
Reasons for the board Of Pardon.
To Hon. III. NJ Edwards. Additional Law
Judge of the Court of Oyer and Ter
miner OF Lackawanna County, and John
County:
You are hereby respectfully notified that
on Wednesday. Oct. l6 1895. an applica-
tioh VIII be made TO the honorable. the
board of pardons of the commonwealth
OF pennsylvania, asking that the said
board recommend that pardon be granted
10 frank Berchine, or Beck, or that
such other executive clemency be rec
commended as the honorable board may
deem proper to recommend
said Frank Beck, or Berchine, was
convicted In the court of oyer and ter
miner of said county in suit No. s, Decem.
ber term, 1884, of murder Of the first de-
gree. and Is now under sentence of death
said application will be based upon the
following reasons, viz
fNSt-Ine uelenuallt at the time or the
commission of the offense and the time
of the trial was friendless, moneyless, a
stranger in strange land and unable to
speak or understand the English or Ger
man language. or any other than the
who could correctly translate the Kran-
ish language into the English or German
language, and no one could be found nj
the trial who could fully and correctly
interpret the evidence of several impor-
tant witnesses on the part of the COM
monwealth into the English or German
language.
Testimony Improperly Interpreted.
Second-Upon the trial several Kranish
witnesses We're sworn on the part of the
commonwealth, whose testimony an in
terpreter attempted to translate into the
German language, and another interpreter
translated 1t from the German language
into the English language. liy this pro-
cess much of the testimony became mixed,
confused, and was imperfectly and incor-
rectly given to the jury. important items
thereof were misinterpreted to the court
Thlrd-The defendant had no means
with which to employ counsel, which fact
becoming known to the court on Friday
preceding. the Monday of the trial. the
for the trial, which gave the counsel only
three days time to become acquainted
with the facts of the case and to make
preparation for the trial. which time was
upon the counsel applied to court for a
continuance of the case into the next
term, which application the court refused.
The continuance asked for would have
delayed the trial for only a few weeks,
but would have given the defendant 8
counsel time to learn all the facts in the
transaction and to have found a compe-
tent Interpreter, and to have made proper
preparation for the trial. The application
being refused. the counsel were obliged to
go into the trial unadvised uninformed.
and blindly make a defense as best they
could Under those circumstances the
trial could not be and was not a full and
| fair trial by due course of law.
Fourth-The granting of continuance
was not of right. but of grace. wholly
within the discretion Of the trial court.
the refusal of which was not renewable
in the supreme court. therefore this hon
orable board is the proper forum for the
correction of this alleged error.
Did Not Intend TO Harm Her
Fifth-The defendant did not intend
| harming the deceased. Mary kerzic, but
he had with her while he was attempting
to take his own life. and she was striving
to prevent him. Josephine Kramer. the
principal witness, upon whose testimony
| that she did not see the defendant point
| the revolver at Mary Kerzic: that the
| shooting was done during a struggle be-
| tween Mary and the defendant while the
lEtuttT Was ATTEMPTING W tdke MS OWn NE,
| Mary was striving to prevent him. and in
| that struggle Mary was unintentionally
and accidentally shot and killed.
Sxth-Fred MaAgenreder and C. I. Ber-
| ger. two OF the nrincipal witnesses who
were sworn on the part of the common
| wealth at the trial of the case. testified
| to statements made by the defendant after
| his arrest. Since the trial of the case
said witnesses have admitted that at the
trial they did not give all of the state
| ments made by the defendant with refer
ence to how the shooting occurred. The
dispositions of the witness. upon whose
| testimony the defendant confessed that in
| the statements made to them by the de-
| fendant he said he was trying to shoot
| himself and that the girl grabbed his
| hands to prevent him from accomplishing
| his object and In the scuffie she was ac-
| cidentally shot.