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

The charge was highly commended by
counsel on both sides aud by all who
heard it. for it, concisenesS. clearness and
impartiality. The jury reIired to their
room at o 30 A. ".
While the jury was celebrating there
was great deal OF discussion in the Off
ces and stores about town ~ to the nature
of the verdict. WheI. the jury failed to
come into court at the afternoon session
IL was taken as an indication that the YER
dict would be for acqui,tal, and when it
failed to report when court met in the
evening the wiseacres said the verdict
| would be guilty.
THE CASE AGAINST JACKSON.
Counsel for the Commonwealth and for
the defendant were reluctant 10 go ahead
with the case against Richard Jackson.
the alleged accomplice OF the Roddy
boys in the Berkey tragedy, until the ju-
ry i'm the Roddy case had agreed upon a
verdict. Counsel for the Commonwealth
knew that it meant tedious rehearsal Of
the evidence offered against the Roddys.
and counsel for the defendant felt that in
event of a disagreement OF the jury or
verdict OF not guilty, their client would
not be placed on trial at this time Sew
eral hours were FILTERED away before the
jury-previously selected-was sworn
and the taking of testimony was begun.
The only evidence offered against Jack
son that had not been offered against the
Roddys was the testimony of a witness
who said that Jackson had visited his
house in Paint township on the nth of
May, week before the Berkey outrage,
and offered to sell witness pair of spec
tacles. All OF the other evidence was
practically the same rs that against the
Roddys. with the exception that only
four or five of the witnesses called iden-
titled Jackson as one of the three men
seen travelling in the direction of Ber-
keys on the fatal night of June 2d,
whereas four or live times that number
Of witnesses had identified the Roddy
boys as two of the men. Other points of
weakness ON the Commonwealth part
were that no evidence was 10 be had that
Jackson was in the neighborhood of the
Berkey house on the night of the rob-
berry; Mrs. Berkey did not identity him
as one of the robbers, and the aged vic
tim of the robbers assault failed to con-
meet him with the robbery in his dying
declaration.
The defense established an alibi by a
number of the witnesses who had testifi-
ed in behalf of the Roddys and further
fortified their position by the testimony
of Vim. otto, who swore that he had been
digging a well with Jackson on the 2nd
day of June, in Morreilville, when he
was subpoenaed to attend court at E5ens-
burg, and that before leaving for Ebens-
burg he gave jackson an order on a shop
keeper named Walker. for certain
amount of goods. Walker and his wife
testified that Jackson had come 20 their
store about9 o'clock on the evening in
question. Another witness was called
who testified that he had gone from
Morrellyille to Ebensburg with Otto. A
number of witnesses, who had not testi-
fled in the Roddy case, swore that they
had seen Jackson in Morrellville on the
night preceding and again on the morn
The evidence was completed Christ
mas morning and the remainder of the
day and the early part of the evening
were devoted to arguments of counsel
before the jury. Saturday morning,
Judge Longeneciler charged the jury,
employing much the same language he
had used in charging thejury in the Rod
dy case; and at 9.i5 O'Clock the jury re-
tired to find a verdict.
When the court house bell tnlled at 4
o'clock that afternoon the public knew
that the jury had agreed upon verdict.
and ia a few minutes thereafter the court
rootn was packed to is full capacity.
Four or five ladies, anxious to witness
taking a verdict i'm 4 capital oTense, were
given seats in the enclosure reserved for
members of the bar and court officers and
were among the most interested specta-
tors. When the prisoner came into court
IN custody OF the Sheriff, his checks were
blanched and his step hating. suddenly
a tinge of crimson mounted high i'm his
cheeks and when he was told to stand up
and face the jury he did so without be-
traying particle of emotion. When
Clerk Saylor propounded the momentous
question as the defendant. Richard Jack
son, guilty or not guilty Of mgrder in the
first degree?" and the response, mot
guilty." came quickly from the jury box,
Jackson grabbed the hands Of his counsel
aud shook them warmly. \ number of
persons within the bar enclosure con-
graduated Jackson, while spectators all
oser the room broke into applause. The
applause was speedily checked by the
court officers. jackson turned 20 90 TO
his sisters and mother, who sat weeping
in one Of the rear seats of the court room,
when he was told that he was not
a. liberty, but on the contrary an indict-
ment was still pending against him for
horse stealing. Counsel for the defend
ant asked that bail be fixed aud Judge
Longenecker named 500. Jackson was
returned to Jail where he was cOngratu-
lated by the ROddy boys and other in
mates. lie said that the moment he saw
the faces of the jurors in his case he was
satisfied that their verdict WAS not guilty
aud felt no further uneasiness. He de-
clared his entire innocence Of any con-
nection with the Berkey robbery, and
said that the Roddy boys were as inno-
cent as he is, and that he had seen them
in Morrellyille as late as eight o'clock on
the night of the robbery.
a few minutes afterwards Jackson was
taken to the Prothonotary's Office. where
his mother entered security for his APP
pearance at February term Of court, and
at SIS he took a train Tor his home, az
companied by his aged mother and
sisters.
II is reported that the jury was evenly
divided on the first ballot, and the num-
ber of votes in favor OF acquittal was in
creased two al a time on the three subse-
quent ballots.
1t is not probable that the case against
Jackson for horse stealing viii ever be
brought to trial, since his acquittal on
the charge of murder was virtually an
acquiital OF all the charges brought
against him growing out of the Berkey
tragedy.
THE ACCUSED.
Richard Jackson is the eldest of the
three men accused of the murder. lie
was born thirty-four years ago in Upper
Yoier township, Cambria county. His
father, who was soldier ia the civil war,
died several years ago. Jackson is mar
ried and is the father OF one son. y few
years ago he lived in Jenner township,