The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-12-28
Mr.. BRUNN
IS CONFIDENT.
Certain of Securing New Trial for
Eisenhower.
TUBE LOST IN SCHWINDT'S BODY.
DR.. j. G. Church Testified to That Before
an Examination on Saturday and
it VIII be Urged as Good
Ground For a New
Trial
Special HERALD Correspondence.

Special HERALD Correspondence
PoTTsvILLE, Dec. 2s.-Great interest is
manifested over the case of Theodore Essen
hover. The developments before the ox-
aminer here on Saturday was clearly in his
favor and there is not the slightest doubt
that the condemned man will be granted a
new trial. Congressman Brumm and his
colleague, George Dyson, Esq, are so posi-
tive of this that they expect Judge Savidge
to grant their motion for new trial and do
not apprehend that they will be obliged to
carry the case to the Supreme Court.
When the case was called before the ex-
aminer on Saturday Mr.. Dyson first made a
strike for delay. He claimed that one of his
most important witnesses was ill., but District
Attorney Bechtel vigorously opposed the
application. H0 declared that Eisenhower's
counsel were grasping at straws to save their
client from hanging, but that they could not
do, as Eisenhower had shot and killed John
Schwindt and would have to hang for it.
The examiner decided that the case would
have to proceed and Mr.. Dyson called DIR. J.
G. Church to the witness stand. The evi-
dence the doctor gave not only greatly
pleased Eisenhower's lawyers, but took the
District Attorney completely by surprise. 1t
is said that up to the time of the examina-
tion he hadn't the slightest idea of what the
counsel for the condemned man intended to
show and that his statement in fighting the
po ;tponement of the hearing that the defense
was grasping at straws was made in perfect
good faith.
Dr. Church swore to all the defense ex-
pected, i. c. that tube was lost in John
Schwindt's body while he was being treated
for the gunshot wound and it was never
recovered. The tube referred to was five or
six inches in length and made of rubber. 1t
was used for draining the wound of impuri-
ties 1t appears that DR.. Biddle had placed
two of the tubes at the injury to the spine,
DIR. Biddle was to have called to see the
patient one night, but other engagements
prevented him from doing so. DIR. Church
waited until the next morning, or twelve
hours after DR.. Biddle still failed to ap-
pear and, as the patients condition took
serious turn, DR.. Church decided
to dress the wound himself 1t was
while doing so that he discovered
one of the drainage tubes was missing The
tube was not found in any of the dressings or
bed clothes and it was concluded that it had
been lost in the body of the victim. Schwindt
died about twenty-four hours after the tube
was missed. Nothing was said of the tube at
the trial and tho doctors will in all probabl-
ity explain this by statement that no evil
dence concerning it was brought out and
they were not questioned in regard to it.
Tonight the case will come up before
Judge Savidge on the argument of the
motion for a new trial and Congressman
Brumm will make all he can out of the dis
cOvery He will argue first on DR.. Church's
testimany, showing tube was lost in the
body of the deceased and death followed
twenty-four hours after and will follow it up
with an argument on the expert testimony
of Dr. Halberstadt, of this place, to the
effect that the tube in all probability caused
DEATH The District Attorney will, of course,
make strong fight against the motion and
contend that the tube had nothing to do with
the case; that the pistol shot wound, and
that alone, killed Schwindt 1t is generally
believed that new trial will be granted
There is nothing to show how the tube be-
came lost in the body of the deceased but it
is thought that it became displaced while the
patient turned at some time from his back to
his side.
There is much speculation as to what will
follow in the event of new trial being
granted. Some are of the opinion that a
plea Of guilty to some minor degree may be
offered by the prisoners counsel and ac-
cepted by the District Attorney, in order to
avoid a repetition of great expense to tho
county, but others say they know that Con-
gresham Brumm will continue to make the
fight for his life for reputation in the case
and push a new trial for acquittal.
Brennans New Restaurant.
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