The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-25
MURDER IN FIRST DEGREE
LContInned DON fl.st page.l ]

]
/ lammation Of the spinal cord caused by the
bullet caused death We claim that DR..
llalberstadts testimony should not have been
allowed in this case, but the court allowed it
to go in so that no error could be committed
against this defendant. John Schwindt died
from the effects of the bullet If he had not
been shot by Eisenhower he would have been
a living man to day. Ii is an absurdity to
say the doctors killed John Schwindt. 1t is
all theory, all nonsense and the gentleman
does not believe that these medical men who
went there to save the man did commit a
crimen
At this point Messrs. Whalen and Brumm
got into an argument as to what DIR. Halber-
stadt testified to and were beginning to get
warm over it when Judge Savidge exhibited
impatience and both sides desisted.
In defense of James Smith, whom Mr.
Brumm attacked, Mr.. Whalen said James
Smith, of Shenandoah, was doing all he
could for the interest of the Commonwealth
at the solicitation and request of the District
Attorney, because when this man John
Schwiudt was murdered he left widow and
a couple Of children and it required some
| body to go to the rescue and work out the
case, and there was nobody better able to do
so that than Smith, who knew the people of
Shenandoah and had been Chief Burgess of
Shenandoah. He is not seeking victim at
ALL any more than the counsel for the Com
monwealth."
Mr. Whaleu left no doubt as to the nature
Of the verdict the Commonwealth expected
by saying I'VE ask that verdict of muir
der in the first degree be rendered. and the
meaning of that is that Eisenhower shall be
hung" In saying this Mr.. Whalen looked
squarely at Eisenhower, who returned the
look without tremor and calmly rocked
himself back and forth in his chair as be
had been doing from the time Mr.. Whalen
started to make his address. Two, or three
times Mr.. Whalen tried to break the pris-
oner's stolid manner, but he failed Finally
the lawyer leaned forward and, pointing
direct at the prisoner exclaimed to the jury,
DO you see that mans face d? DO you see a
muscle of his face move when the counsel s
addressing you2 No because he has a nerve
of steel" Eisenhower withstood the attack
without wincng, or giving the slightest in
dication of discontinue. He changed the
position of the tobacco in his mouth with his
tongue, and that was all. The stern steady
look of the counsel was fully returned from
beneath the shaggy eyebrows of the pris-
oner as if in defiance.
In dwelling upon the night in August last
when Eisenhower had the difficulty with
William Schwindt, Mr.. Whaleu said that
Eisenhower never went to his home that
night before Schwindt took him there He
went to the boiler house for some purpose
and to stay all night Mr.. Whalen also
stated that Eiseuhower's motive for wanting
to shoot William Schwndt was to get revenge
because Schwindt had broken Eisenhowers
ribs in the scuille at the house. Eisenhower
] ,,,, 4 -,l H.,
man who had brought him home. No one
who would look at that man pointing to
/ Eisenhower can fail to tell what his disposi-
| tion is Every lineament of his face tells
| what he is and what he proved himself to
| be"
Mr.. Whalen followed this up with a defense
of Mrs. Eisenhower and her daughter and as
to the former said. IF she was the bad
woman the counsel would have you people
believe would she have said TO him l want
you to stay home at night, because it is a
lonesome place.
Mr. Brumm spoke to you about Home,
Sweet Home and it was beautifully and
gracefully told, and the dramatic effect was
very fine, but what has that to do with this
case? The only thing that ! can see that it
has to do with this case is to show the Home,
Sweet Home of Theodore Eisenhower with
the blood streaming from his wife's face after
he had beaten aud abused her for failing to
90 to the theatre with him because her child
was sick and when she had to crawl out of
the back window, the children dropping after
her and when they had to leave the house
and 90 out upon the railroad track upon the
mountain, away from any comfort, for pro-
lection from this demon; and this woman had
to leave her comfortable home, There was
~ ,l
organ there which could play the tune of
Home, Sweet Home Theodore Eisenhower
might sit behind it and sing to the music"
Mr. Whalen ridiculed the plea Of insanity
with the same diligence that he applied to
the question of surgery and claimed that the
plea was based solely upon the evidence of
Eisenhower's relatives, with one exception,
and that was the evidence of Mrs. Arthur.
This evidence Mr., Whalen stamped as un-
reliable and unworthy of consideration. He
claimed that the defense should have at least
tried to show insane acts by the evidence of
people not connected with the family. He
also claimed that the prisoners lack Of
memory on the witness stand under cross
examination and his professed ignorance of
the circumstances Immediately attending the
shooting were but tricks intended to deceive
the jury, and not the result of a treacherous
or diseased mind.
THE COURTS CHARGE.
Gentlemen of the Jury On the 18th of
{ February, last, John Schwindt while re-
turning from work at the colliery to his
home was shot down in the borough of
Shenandoah. He was carried TO his home,
whore he died on the 26th day Of the same
month II is admitted that Theodore Eisen-
hover, the defendant, fired the shot. 1t was
a cold, blustry day according to the testi-
: mouy, and ii seems the defendant approached
, the deceased from behind. His presence at
the time he fired the shot was not known tc
the deceased, so far as the evidence shows
I nor did his companion walking by his side
After the shot was fired and Schwindt hac
fallen to the ground the defendant according
to the testimony, remained standing by for {
brief space of time and then ran from the
b scene of the shooting at more or less rapid
/ speed 1t is cOntended by the Commonwealth
that he ran in the attempt to escape from the
scene of the tragedy and by the defense tha
L he proceeded leisurely and not as one con
{ sCi0us of having committed great crime. H'
. was followed by eye witnesses TO the shooting
- ~ ,pfurad eal-pu hpfprp "A Justice and committed