The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-27
CASE Is WITH THE JURY.
One Of the Most Famous Trials In Lnzerne
County at an End.

County at an End.
When court opened yesterday Hiorh-
ing. Attorney McSovern. who has been
defending Nelse Miller so ably In con-
junction with Mr.. Mulhall and Mr.
Fueas, concluded his plea He said
in his review of the testimony that the
dynamite was not put under the mouse
by the colored people. but by some one
acting in concert with some of the in
mates OF the house. saying that II
was highly improbable that the col
ored people would place the explosive
while several of the residents of the
house were up and playing cards, as
the testimony showed. He then showed
how clearly Shafer's untruthfulness
had been proved. and strongly urged
the jury not to place any credence In
his story.
Attorney James l.. Lenahan closed the
case for the commonwealth. He said
that In not one instance had 1t been
shown that Frank Shafer swore false
". Shafer has sealed his own doom,
and by letting Miller go, you will hang
the subordinate and release the prin-
cipal Skaters testimony has in many
ways been corroborated.
Mr. I.enahan went rapidly over the
testimony and brought out many
points which corroborated Skaters tes-
tfmony. He said. in closing: Gentle
men, what was the motive? 1t was
plunder and gain. Miller was the
boarding boss of the colored camp, and
he thought there were too many Hun
garians. Less Hungarians, more col
ored people, and therefore more gain
for Miller. These wires We're laid and
the battery discharged by experts. If
you acquit this man the whole gang
goes free, and the young boy who was
awakened from his bed to explode this
battery will be the only one who will
suffer"
Judge Woodward then made an able
and exhaustive charge to the jury. He
read the definition of murder and said
that the degree must be fixed with care,
although there is no doubt that a will
full murder has been committed.
Judge Woodward then have n short
history of the case and also gave a syn
opsis of the evidence given by the many
witnesses. He said "In the annals of
crime there Is nothing more fiendish
and atrocious than the plans to kill six
" innocent, sleeping people. with this
terribly agency, dynamite. 1t has been
reserved by our own county to Use this
terrible explosive for the killing of in
offensive laboring people. This crime,
gentleman, by whoSOever committed is
murder of the first degree. The uues-
ton before You is whether Nelson Miller
Is guilty or not of this charge. We
Know from the testimony of the witness
Shafer who fired the battery. When
several persons unite to accomplish
any object, all are severally RESPONSE
bic for what is done. II several per-
sons commit crime jointly. each is
guilty as much as If he committed the
crime alone. If 1t be true that Shafer
pressed the battery, hut that the pre-
liminary work was done by another,
the other would be just as liable to con-
Nlction and sentence. As you are well
aware a large portion of the discussion
mad reference to the testimony of this
young man, Shafer, who Is an accom-
plice under his own statement The
law says he shall be corroborated The
rule of the law is this: An accomplice
IN crime may be believed without any
corroborative testimony but ii should
be corroborated If possible. GENERALLY
the accompllce has a motive to con-
wet others and free himself, but here
we nave an accomplice who admits his
own guilt. However. the Testimony of
Shater has been seriously impeached
ana 1t has been shown that he is not n
,ruthful man, so that you will have TO
pe very careful in determining what
credence to give It, The Judge made an
able and lengthy charge and the case
went to the jury at 1890 o'clock.