The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1896-02-13

they were out about an hour. and
returned with a verdict finding the
defendant guilty. Col. Freeze made
motion in arrest of judgment.
The next case called was that of
the Commonwealth VS.. Charles Fet.
terman, who was chatged with an
assault, with intent to kill.
The facts have already been pub
lished in this paper, and hence there
is no necessity at this time of repeat
ing the whole story. From the evil
dence the following facts are cleaned.
Charles Fetterman who kept restaur.
ant in Centralia on the srd day of
August last shot William Griffith and
M. J. Costello with shot gun which
was loaded with bullets and shot. 1t
appears that the night before, they
had been drinking heavily, not retiring
until at 3 o'clock in the morning
The next morning they had some
difficulty, Fetterman got the gun, and
in the attempt of Griffith and Costello
to take it from him, it was discharged
the shot taking effect in the bodies of
Griffith and Costello. No one seem
ed to know how the gun was dscharg-
ed and both parties exonerated the
defendant from any intention OF in
juring them. From the evidence it
appeared that the shooting was not
Intentional, and w. H. Rhawn Esq,
of counsel for Fetterman, desired the
Court to instruct the jury "that the
testimony was not sufficient to sustain
the charge, and that the common
wealth had failed to make out their
case. That even Griffith refused to
testify that Fetterman had fired the
gun"
The District Attorney said "that
he agreed in what Mr.. Rhawn had
stated and that the Commonwealth
could not ask for verdict under the
evidence.
That the case had been returned,
and that it had been impossible for
him to get the witnesses to make any
statement to him out of Court.
The Court said gentlemen Of the
jury the defendant has been put on
his tiial charged with serious crime.
You have heard the statements of the
District Attorney in which he has
said that he does not feel warranted
in asking for a conviction. We have
listened to the evidence, and 1t is
enough to create a doubt as to
whether the defendant intended to
harm the persons shot. They were
struggling to get the gun from the
defendant when it was discharged.
Costello says they had been imposing
on the defendant and were used better
than they deserved, and under the
evidence, there would be that reason
able doubt which would work lis ac-
quittal, and under the evidence it will
be your duty to render verdict of
not guilty" They rendered verdict
accordingly and were discharged from
further attendance at the Court the
other jurors having been discharged at
the morning sessions
The Court stated "that he had
letters from the authorities of the
Eastern penitentiary saying that it was
impossible to give solitary conhne.
ment IN that institution; that now two
and three prisoners were now occupy
ing one cell, and requested the Court
to refrain from sending them any
more prisoners, but asking that they
be confined in the county jail" The
Court took occasion to tell how our
jails should be conducted, "that un-
der the usual system in force impri-
sonment In them was not punishment.
That they are well fed, and well
housed, supplied with reading matter,
and amusement with which to pass
the time, and many prefer being in
them to being at liberty.
Criminals can be punished in our
county jails as well as in tine institu-
tions of the state if the proper disci-
pine is enforced" He also called
attention to the crowded condition Of
the insane hospital at Danville, saying
that they would receive no more
patients after February Ist 1896.
Commonwealth VS.. Edward Glib
bons.
Sentence of the Court-Pay the
costs of prosecution, and give bail in
the sum of 5000 TO keep the peace
toward wife and child and stand com
mltted until the sentence is complied
with.