The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-22
EISENHOWER CASE STILL ON
Judge Sayidge Arrived This Afternoon
and the Trial Resumed.
THE PRISONER ON THE STAND
Mr.. Brumm vigorously objects to the
Commonwealth Line of Questioning,
and He and Judge savidge Engaged
in a war of Words.
special to EVENING HEnALn.


PoTTsvILLE, June 22.-The fate of Theo-
dore Eisenhower, on trial since the 18th inst
for the murder Of John Schwindt will soon
bo determined. 1t is believed the prisoner
will hear it by Thursday morning. There is
considerable speculation as to what the
verdict in the case will be, but from the
opinions thus far expressed by the public it
seems to be considered by majority
of the people that the jury will not decide
upon verdict in the second degree. There
are also number of people who believe there
will be an acquittal. In this they agree with
Congressman Brumm and Captain George w.
Dyson, counsel for the accused. Both these
gentlemen say that when they first entered
upon the case they realized that they had
great uphill work, but they now feel con-
fdent that an acquittal can be secured. On
the other hand District Attorney Bechtel and
John f. Whalen, Esq are positive that
Eisenhower will be convicted and that upon
the evidence the jury cannot get away from
placing their verdict in the highest degree.
As in all jury trials, and especially in
murder cases, much will depend upon the
manner in which the counsel on the respec-
tive sides will weave the threads of evidence
in the final arguments and of course, the
otdhu WHICH JuuBc SdNluBb Will take III
charging the jury. The Commonwealth has
intimated that the Judge will be obliged on
the evidence adduced to make charge fore.
shadOwing conviction. Mr. Brumm is still
determined to take whole day in making a
final effort for the prisoner before the jury.
The Commonwealth will not ask as much
time as first reported. Mr. Whalen will make
the first address and speak about two hours
1 A.t. u Il.
and a half in making the closing address
If this program is adhered to the case should
go to the jury Wednesday afternoon.
The jury in the case spent as pleasant a
Sabbath as could be expected when eleven
men are kept together under guard of court
officials and not allowed to mingle with the
public, or have communication with it. The
jurors were allowed to take walks on the
streets of Pottsyille and the suburbs under
instructions from the court that they should
not speak to anybody, or allow anybody to
speak to them concerning the case and that
the jurors be kept away from gatherings and
not allowed to come in contact with any than
court officials in passing from one place to
another. They were also allowed to take
trolley rides, but only ON condition that the
railway company give them sole use of the
car. In consequence of Levi Kissinger, one
of the jurors being i'll, the court made u
special order that a special guard be left with
him, the rest of the jurors be allowed to
seperate from him under guard and enjoy the
Sunday the best they could under the other
conditions imposed.
Judge Savidge arrived at > o'clock this af-
ternoon, and the trial was resumed by the
Commonwealth calling Eisenhower the
prisoner, to the stand for dissemination.
Mr.. Whalen asked him to detail what hc did
on the day previous to the day Of the shoot
ing, as to what he wore and where he carried
the revolver and how many shots he fired at
the tree The witnesses testified that he
| fired two or three shots Upon previous
cross-examination he stated that he emptied
every chamber of the revolver This was
the only contradictory evidence elected from
the prisoner by the Commonwealth,
Mr. Brumm made a strong and earnest
fight against this line of cross-eXamination,
and objected to every question asked, claim
ing that the Commonwealth had no right tC
call Eisenhower again for the purpose Of en-
deavoring to make the prisoner contradic
himself, but his objections were overuled b!
the court. Mr., Brumm claimed that tn
Commonwealth should have exhausted tha
line of questioning ON the cross-examination
He and Judge Savidge became involed in
heated discussion over the matter at on
time.
Both sides expect to have all the evidence
in by the time court adjourns this afternoon
THE AIINELLA TRIAL.
The second homicide case in which Mix,
Minella, Peter Macoma Sr, Peter Macoma
Jr., and Mike Taman is charged with tn,
L l.. IL. 4
fatal bullet wounds from revolvers in thei
hands during a Coal street riot at Shenan
doah, on the evening Of Monday, April lith
was not called for trial this morning, as wa
expected 1t will not be called until th
Eisenhower case has been concluded.
Favorite Columbia.