The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1896-12-30

names were called by Clerk Saylor, anC
when he asked: Gentlemen of the jury
in the case of the Commonwealth o.
PENNSYLVANIA versus James Roddy and
John Roddy. charged with murder, what
say you, are they guilty or not guilty o.
murder in the first degree" The res
psnse, .They are guilty." came in a low
broken chorus.
The jurymen and defendants then took
their seats. and as soon as they had done
so, lawyer Ruppel, for the defense, asked
that the jury be polled. Each juryman
arose as his name was called, and in res
ponse to the inquiry of the clerk: ain tho
case of the Commonwealth of Pennsy
vania versus James Roddy and John Rod
dy, you say you find the defendants guilty
of murder in the first degree; is this your
verdict?" answered YES"
Mr.. Ruppel announced that at the prop
er time he would file a motion for arrest
of judgment, and an application for a new
trial.
The prisoners were then conducted back
to jail in the custody of Sheriff Hoover
ana his deputies. and Judge Longenecker
discharged the jury from further attend
ance upon the court.
The trial OF Richard Jackson. the slleg-
ed accomplice of the Roddy boys in the
murder of David Berkey, was going on
when the jury sitting in the case of the
Roddy boys sent word to the Court that
they had agreed upon verdict. Consid-
erable diplomacy was displayed by the
members of the bench in continuing tn
hear testimony in the case against Jack
sou for an hour after they had received
WORT from the Roddy jury, and in send
ing the Jackson jury 90 their hotel with
out their having received the slightest in
timation that the other jury had decided
rpOn verdict
AFTER the Roddy boys had been return
eG to Jail, John stoutly protested his in
nocence, while mis- brother. apparently
unnerved by the unexpected verdict, re-
fused 70 say anything. Their counsel,
Messrs. Coffioth, Ruppel and Uhl, spen;
some time with them in the sheriff's Of
flee before they retired for the night.
The atmosphere in and about Somerset
seemed 10 be permeated by feeling tina,
the defendants were guilty, and the an
nouncement of the verdict, therefore, oc-
casioned little, il any. surprise. There
was genera expression of regret in the
stores and private homes that the trial
took place just preceding the holidays,
and that the verdict ws-s rendered on the
night before Christmas, at the very mo-
ment when a feeling of peace on earth,
and good Will towards men, should I'll
was uppermost in the hearts of many per-
sons on Christmas day, and a feeling that
the ends of justice would be better sub
served in their case by a Communication OF
the death sentence to one of life impris-
onment found lodgment in the breasts OF
those who think their guilt was not prov
ed beyond reasonable doubt.
The aged mother, three sisters and a
brother of the condemned men were
among the most interested spectators al
the -NOlAt VI rttilltu w
ize the awful import of the verdict, and
all expressed the belief that ''Jim" and
John will be granted new trial, when
their innocence will be fully established
They returned TO their home in Johns
town on Christmas day fully satisfied
that their hopes will be consummated.
When court convened Saturday morn,
ing Mr.. Ruppel filed a motion for arres
of judgment in the case Of the Roddy
boys, and also fled an application for q
new trial for his clients. The application
will be heard at future day, the Cour
having made an order that counsel should
iile their application within ten days aftel
the court stenographer files transcript
fore. not probable that the argument OF
the application Will be heard before Feb
ruary term of court.
The members of the jury agreed TO keel
secret all that iranspired during tn
twelve hours of their deliberation in tia
jury-roOm. but If has leaked out that they
had been locked up for three hours before
ballot WIS taken. On the first ballot eigh
OF the twelve jurors voted for verdict o
murder in the first degree. and on the see
conviction. A third ballot was takeI
shortly before eight o'clock in the even
ing. which was found to be unanimous
for verdict of murder in the first degree
REBUTTAL TESTIMONY.
The Herald's report of the Roddy muir
der case closed last Tuesday evening
when the defense rested.
Wednesday morning a score or more o
witnesses were called by the Common
wealth TO impeach the testimony giyeI
by four of the witnesses for the defense
The evidence adduced went 10 show tina
the impeachsd witnesses had told storie.
prior TO going on the stand in direct con
trsdiction 70 those they told when under
oath and in the presence Of the Court anS
jury.
The case closed at ii o'clock Weines.
day morning, when Mr.. Ruppel present.
ed a number OF points, on which he ask
ed the court 10 charge the jury. judge
LOngenecker ruled that inasmuch as tn,
men who caused the death OF David Ber
key had gone TO his home for the pur
pose OF o.Dmriitiins felony, the verdic
OF the jury mast De either for aequittal ol
gnilty of murder in the first degree that
the jury could not find a second degree
verdict or one for manslaughter.
When court convened Wednesday after
noon. f. j. Kooser. Esq. began the areu
ment to the jury for the Commonwealth
He spoke for an hour and half, in which
time he reviewed all of the evidence il
the case.
He was followed by W. H. Ruppel, fol
the defense. Mr.. Ruppel made a clean
cut. logical argument from the defend
ants standpoint. and was attentively list
ened 10 by the members of the bar and
the large number of spectators who filled
the court room. Gen. A. Ii. Coffroth, fol
lowed for the defense and when he had
Concluded his argument court adjourned
until 7:30 in the evening. At that hour
Gen. w II. Koontz began summing w
for the Commonwealth, closing two hour
later with a strong plea to the jury to pro,
tect the homes and iresides of the eiti-
zeus OF the county from midnight rob.
bers and assassins.