The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-18
WINDISH GUILTY.
Murder In the First Degree the Verdict
Rendered,


Murder In the First Degree the Verdict
Rendered.
When court met on Saturday morn
ing,. the prisoner was put on the stand
again by the defence and told that
when he was assaulted by his wife, his
sons were both in the house. This piece
of testimony closed the case, but be-
fore counsel began their arguments,
John T. Lenahan, who represented the
prisoner, rose and submitted the fol-
lowing points for the defense:
murder in the first degree the jury must
be satisfied beyond reasonable doubt
that the killing was willful, deliberate and
premeditated.
shown unlawful killing. the presumption
Is that the grade of homicide Is no higher
than murder in the second degree. and
that the burden rests on sne SHmmUh dmht
that 1t Is murder Of the first degree, that
Is. the commonwealth must satisfy the
jury Of these facts and circumstances
which indicates a deliberate intention to
kill, cool depravlty of heart and con-
sclous purpose.
Third-In order to warrant the infer.
ence Of legal guilt, from crcumstantial
evidence the existence of the inculpatory
facts mrtt be absolutely inconsistent with
the defendants innocence, and, incapable
of explanation upon any other reasonable
hypothesis than that Of his Ind guilt; :, Re IKE,
l.. Lenahan, attorneys for defendant.
Mr.. Lenahan then closed for the de-
fense. He cited the great Importance
of the case, and asked the jury to decide
it perfectly free from any prejudice or
feeling in the matter. He then went
on to define the various degrees of mur-
der as laid down by the law. Poison,
lying, in wait, robbery, arson, rape, bur-
rIo,, xr,1t In 1pSu Of life Is
murder of the first degree. But in the
absence of specific intent to take life
in all other cases Of loss Of life, 1t Is
not murder in the first degree.
1.-THE man is charged with murder IN
two counts, first degree and second de-
gree. The commonwealth Will ask you
TO convict him on circumstantial evil
dence Circumstantial evidence Whicn
is the easiest evidence In the world TO
convict an innocent man. In this case
there are lacking many important links
in this chain which is to lead to the gal
lows Every citizen is adjudged inno-
cent until he be proven guilty. He Is
presumed to be innocent until he IS
proven guilty beyond reasonable
doubt"
Then Mr.. Lenahan went over the his
tory of the case detailing the unhappy
married life of Windisch and ridiculed
the idea of Windisch carrying out his
public threats to kill his wife. When
man does anything of that sort he does
not tell his neighbors about II. The at
torney spoke at length of the mans
walking in public and taking car to
Pittston without any effort to hide his
identity and gave as a reason for as
suming the name Of Smith, that he did
not want his wife to find him. He gave
the detectives some sharp criticism ana
said that they had influenced the boys
to try and hang their father.
Some other man committed this
crime and hid the clothes and made 1t
appear that the prisoner did 1t. They
knew Windisch was going away. This
man Heitzelman seems to know more
about this case than Is seen on the sur
face. Will you strike this man down
in his declining years on such evidence
as this? The undisputed evidence In
the case is Inconsistent with the alle-
cations that he did it. The man who
put those clothes under the bed did It
after the blood had dried. Then how
could he prisoner have done it?"
Mr.. Lenahan spoke for an hour and
forty minutes and then gave way to Mr..
Fuuler, who made an able argument
against the prisoner. He made two
strong points as follows:
First-He hated that woman. Frank
said: Had her by the neck; said he
would kill her; struck her with a mall
let" George said: Hundreds OF times
they fought and quarreled. Fifty times
he struck her." Kerschner: She
came to his home, her head bleeding
STAYED all night" Daniel Davis said:
"He would murder her." Sold out his
tools and charged his son with helm
GUS crime. Do you think that crime
the worst he has ever committed. He
said he loved his wife and then struck
her on the head with a mallet. Is there
any man with the mind. the heart, the
motive to do this thing except Win
disch; this man who was insaneiy
jealous?"
Second-Now, mark this, because 1t
Is the fact which seals this mans doom.
Mrs. Windisch was killed on April 4.
The children tell you about their going
to work and to school and returning
about 4 o'clock. Their mother was
there when they left the house. When
they came home where was the
mother? They find Franks shirt on
the lounge. which the mother was
mending. Next day they find bread In
the stove. burned.
Judge Woodward in his brief, but
able charge, affirmed the three points
made by the counsel for the defense,
and explained the law carefully and
ably
The jury then retired, and after being
out an hour, returned with verdict Of
guilty of murder In the first degree.
The Jury was then polled and affirmed
individually their collective verdict.
It is thought that Mr.. Lenahan will
apply at once for a new trial. This Is
the first time in Mr.. Lenahan's expert
ence that verdict of murder In the
first degree has ever been rendered
against one of his clients