The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-23
HIS LAST CHANGE At HAND.


Mr.. Dyson, associate to Mr.. Brumm, then
opened argument ON the points of law, stat |
ing that the defense was y that the injury
caused by the shot was not mortal one (2)
that the cause of death was a result of the
operation and the doctors did not permit
nature to take its course; (3) that Eisen-
hover was insane when he did the shooting.
On the question of insanity Mr. Dyson
argued that should the jury believe that the
defendant labored under insanity-that his
reason was perverted-although Eisenhower
could distinguish between right and wrong,
he should be acquitted. Mr.. Dyson said he
believed the defendants mind was upset by
the belief that William Schwindt was going
to see Mrs. Eisenhower.
Mr. Dyson quoted extracts of law TO sus-
tain the several points made and then District
Attorney Bechte commenced TO quote from
several volumes to the contrary He quoted
once as follows 1T is no defense that the
wound was not necessarily mortal, and that
the deceased might have been saved by the
exercise of the highest professional skill, if
there was no malpractice"
Mr.. Bechtel also quoted, "a man is pre-
sumed to be sane until it is successfully
rebutted by the defendant by fair prepon-
derance of evidence that he was insane at the
time of the commission of the crime
Evidence which creates only a mere doubt,
and not reasonable doubt, is insufficient to
justify an acquittal.
Both sides agreed upon the proposition of
law that where A, with the intention of
killing B, accidentally strikes, or shoots, and
kills c, he is equally accountable as he would
have been had he killed b,
District Attorney Bechtel said the Com
monwealth would insist upon a verdict of
murder in the first degree
As the hour Of arrived and it was only
half an hour distant from the regular hour
for adjournment, Judge Savidge announced
that he would adjourn court until o'clock
this morning, when counsel would be eX-
pected to begin the addresses to the jury.
This mornings session opened with a pro-
test ON the part Of Congressman Brumm
against District Attorney Bechtel opening
the addresses to the jury. He insisted that
Mr.. Whalen, the private counsel should open,
and the closing should be left in the hands of
/ the prosecuting official.
The court declined to make the direction,
/ because there is no rule of court, or of the
/ law, bearing upon the matter, and the Objec-
ton was made at late hour.
MR. BECHTEL SPEAKS.
Mr. Bechtel then proceeded with his ad-
dress to the Jury. He opened by saying
that having no interest in the case, except to
see that justice is done, was in a position to
discuss the case impartially, and his col
league, Mr.. Whalen, could do likewise. The
remarks were called forth by the objection
made by Mr.. Brumm. Mr. Bechtel said that
the law uses evil in order to prevent greater
evil. 1t takes the life of murderer, so that
r other murders may not be committed.
Against that man (Esenhower) neither my
self or the laws, bear any hostility. He has
hul fli fpia "a m he fp
escape from the unpleasant duty forced upon
us but when they are forced upon US we
> must perform them. On the facts brought
1 out ON this trial | ask you to decide in your
| hearts whether, or not, Theodore Esen-
, hover is guilty
Mr. Bechtel then proceeded to discuss the
2 facts, beginning with Esenhower's visit to
C the boiler house and the subsequent scene at
4 his house The beginning of the whole
trouble, said Mr.. Bechtel, was in the struggle
' with SChWindt. The next morning EsCn-
c hover said to his children, I'm hang for
? Bill Schwindt, IF l catch Bill Schwindt
I'll kill him." The prisoner, in the pres
ence of Burt. Kob, said Schwindt would
: have time to take one glass of beer but no
v more. Shortly after that he buys a revolver
y in Pottsville and he is next found with that
revolver in his pocket waiting on the Lehigh
{ Valley railroad for Schwiudt and, without
c giving Schwindt one minute to prepare toI
# the end, he sneaks up behind the man, who
a falls shot the next moment, one half Of him
= dead. There is no evidence that will justify
u the jury in saying that Eisenhower was JUS
y titled in killing this man. there is no room
= for you to believe that John SChwindt was
killed by the operation The bullet cut
= Schwindt's spinal chord and one of the most
= eminent physicians of the state tells you
q that the spinal cord is irreparable. The sug.
gestiOn that DR.. Bddle caused the death is
- the greatest nonsense and bosh that can be
presented to a jury. DIR. Church swOre OF
the stand that the bullet cut the spinal chOrc
] and DR., Biddle swore that death was due tC
inflammation of the spinal chord, caused by
> the bullet. DR.. Biddle swears he performed
3 the operation with extraordinary care for thu
r. purpose of relieving the patient, and he Il
confirmed by Drs. Church and Callen. DIR
I Halberstadt does not tell what was the caust
II Of death, but with d wise look he tries Il
4 make the jury believe he would not have
q done as DR.. Biddle did, nor did he say tina
the bullet was not the cause of death. Even
l. if il were true that the operation did clus
d death, you could not acquit the man.
Mr.. Bechtel then turned his attention Il
=, the plea of insanity and briefly referred t.
!, the testimony of the prisoners brother anC
Il sister, ChaTaCteriZing their evidence as com
If ing from distressed Imagination in efforts L
relieve their brother from his dreadful posi-
ton. In support of this assertion MI
Bechtel spent considerable time IN commen
upon the eNactneSs with which ElsenhoWe
C. had detailed his movements up to almost tn
to very second of the shooting and laid stres
n upon the fact that the accused was san
= enough to run Immediately after the shootin
OF aud when he saw two men run to catch hin
~ Stress was also laid upon the prisoners STATE
Of ment in the lookup that if he shot the wron
l., man he was sorry, but satisfied if he shot th
y right one The whole motive for this murdC
re was revenge. As to the testimony brougl
or forward by the defense to show the d.
lv fendant's character for peace and good ordel
~ Mr. Bechtel said he did not believe sue
, testimony would avail where the commissio
he of the crime is undisputed. However, u
nv defense has failed TO prove good characte
and the evidence would not have bee
material had it been adduced. Mr.. Becht
ey made a point before closing that Mr.. Brum
Ids could not stand before the jury and ask f
mercy in behalf of Eisenhower's wife al
children. Why is that poor woman, MI
John Schwindt made "A widow so early
by her days? Why are those two children d
its privcd of a fatherP
l,o This part Of the address had distressil
'O effect upon Mrs John and Mrs. Villa
nE G. H. tI,s of Ssbtyiu1i