The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-19
THE JURY OUT.
Abram Eckert's fate Now Rests with
Them.

At the opening Of court yesterday
morning there was a big crowd In the
court room To hear the closing argu-
ments in the Eckert murder ease. Mr:
Thornton opened for the defense ana
ne explained at length the definition OF
murder and the distinction between the
various degrees of murder
T. +. McGovern then closed Tor the
defense. He went over the testimony
fully and for the material he had at his
command, he made an eloquent and
forcible plea for the defendant. The
fact of the accident to Eckert and fol-
lowing the cause of defense. his tenn
porary insanity. also that Eckert was
afraid Bittenbender was going to harm
him by kicking him and asking elem
ency for the prisoner on behalf OF his
family. and his previous good charac-
ter. all We're brought out and submitted
to the jury.
District Attorney Fell. In his argu-
ment. went into every detail that would
bear against the prisoner. lie COM
mented on the fact that Mrs. Eckert did
not take the stand to Corroborate her
husbands defense as TO his fits Of in
sanity. Mr. Thornton and Mr.. De
wart both jumped up and objected To
Mr.. Felrs comment on Mrs. Eckert
not taking the stand. MIR. Dewart said
II was persecution, not prosecution. and
thought Mr. Fell showed very bad taste
In acting as he did. There was Il
warm argument. after which the cour,
decided that there was nothing before
It and Mr. Fell continued. concluding
his argument with the noon adjourn
ment.
After dinner Judge Woodward made
q very able charge 10 the jury. He said
that there was no doubt that Bitten
bender was shot and that Eckert did
the shooting.
The judge defined murder In the first
degree and in the second degree. Muir
der in the first degree must have the
intent, while second degree is all other
kinds of murder. 1t is your duty 10
find whether the murder was commit
ted and 10 fix the degree. and you must
be guided by the law fixing the differ
ent degrees of murder. Murder In the
first degree must be with intent, delib-
Grafton and premeditation.
TT being established that a murder
has been committed. that a resident of
our county has been shot in broad day
light by the prisoner within the limits
OF this county, you are 10 establish
the degree.
1T is contended by the common
wealth that they have shown a deliber-
ate and premeditated intent to COM
nit murder. and the prisoner should be
convicted of murder in the first degree.
ION the other hand. the defense
claims that the deed was done during
temporary aberrationof mind, and that
the defendant was not responsible for
his action. The prisoner is the only
witness for the defense and while
prisoner may be a witness in his own
behalf. you must take it together with
the interest that he has in the case.
There has been no expert testimony as
to insanity in this case, and no evil
dence to show that he was liable to
such attacks, or that under the infiu-
ence of these attacks Eckert was in
capacitated from doing his ordinary
work. | have not instructed In the
matter of manslaughter and do not
consider 1t necessary under the evil
dence You must either find him guilty
of murder and fix the degree. or acquit
him"
The jury then left the court room, and
We're still out last night.