The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1896-12-23

"A STRONG CASE
Made out BY the Commonwealth Against the
Roddy Boys, Charged With the Mur-
der Of David Berkey.
Ante-Mortern Statement of the
nurdered Man.
The Widow Of the Venerable Victim Tells
the Story of the Robbery and Tortaring
of Her Husband.
Defendants Traced From Their Homes to
the Berkey Farmhouse and Back
Again by a Long Array of
Witnesses.
DEFENSE AN ALIBI.
VERDICT OF NOT GUILTY LOOKED FOR

A VERDICT OF NOT GUILTY LOOKED FOR.
The case of the Commonwealth VS..
James Roddy, John Roddy and Richard
Jackson, charged with the murder of Da-
vid Berkey, was taken up by the court at
ll:30 o'clock Friday morning.
Messrs kpontz, Kooser. and l.. C. Col
born appeared with District Attorney
! Colborn for the Commonwealth, and
Messrs- Coaroth & Ruppel aud Charles
+. Uhl, il, appeared for the defendants.
The prisoners " ere brought into court
/ by Sheriff Hoover and Deputy-Sheritfs
Baker and Postlethwaite and were given
| seats at the counseis table. Counsel for
defendants asked for attachments for sew
| eral witnesses and demanded separate
4 trials for their clients.
The District Attorney elected to try
James Roddy first, when the Court di
rected the prisoner to stand up to be ar
/ raigned. The prisoner is a smooth faced
young man, about "a years of age and of
stalwart bald. His complexion is
/ blanched from long confinement in the
county Jail aud his small grey eyes were
| cast searchingly about the court room, as
though anxiously looking for an eneour-
aging smile or nod.
When the defendant arose he thrust his
/ left hand into his pantaloons pocket and
supported himself with his right hand
on the counsel table. His thumb twitch-
| ed nervously for minute or two, when
/ he placed both hands on the table in
| front Of him. His body swayed forward
several times, clearly showing the high
tension he was under. Prothonotary Say
lor read the long bill of indictment in a
monotonous tone and when he said:
flames Roddy, what say you, guilty or
not guilty." the prisoner replied in a
firm voice 'Not guilty." The ordeal
was a most painful one. The great crowd
of spectators was breathlessly silent, and
the mem bers of the bench and attorneys
employed in the case sat with their eyes
cast down.
1t was now only a few minutes of -
| O'Clock and Judge Longenecker adjourn
ed the court until l:I5 O'Clock p. NJ.
SELECTING THE JURY.
As soon as court convened the tedious
work Of selecting jury was entered up
on. John Wagaman, of Northampton
township, the first juror called. said that
/ he had heard of the case aud read some
thing concerning it. He had also heard
the case spoken of since he came to Som
erset, but Notwithstanding all he had
heard and read he thought he could go
| into the jury box and render a verdict
according TO the law and the evidence.
He was subjected to a vigorous cross-ex-
animation 10y General Coffroth, but was
finally accepted and ordered to take his
seat in the jury box.
W. S. Bennett, of Stonycreek township,
was the next juror called. Mr. Bennett
/ said that he had heard some conversation
in regard to the case, but had paid no at
/ tention to it. Said that he was not op-
posed to capital punishment. He was al
so accepted.
The next two jurors called were unsat-
isfactory 10 the defendant and were chal-
lenged; Ephriam Speicher, of Lincoln
township was accepted after rigid exam
| ination.
The fifth Juror examined said that he
was opposed to capital punishment and
would be unable to render a verdict of
murder in the first degree. The sixth
juror also had conscientious scruples
against capital punishment and both were
excused by the Court.
William G. Knepper, of Lincoln town.
ship, was directed to take seat in the
jury box after he had satisfactorily an
swered the questions propounded to him
by counsel. Harrison Brougher, of Up
per Turkeyfoot township, was also accept
| ed.
The next juror called was challenged
| by the defendant and the next was stood
aside by the Commonwealth. Oliver
| Meyers, of Allegheny township, who
| gave his occupation as mail carrier and
undertaken, was accepted. The next jur-
or examined was excused on account of
conscientious scruples, and the one follow
| ing-JOsiah Silbaugh, of Addison town
ship. was accepted. Henry Coleman, a
Somer. ct township farmer, also answered
the questions asked him and was told to
take a seat in the jury box.
The next three jurors examined were
challenged by defendant and the fourth,
who said that he was not opposed to capi-
tai punishment, but on the contrary be-
/ level that whatsoever a mal sOweth
that shall he also reap" was stood aside
10y the Commonwealth. Counsel on OPP
posite sides alternated in challenging
Jurors during the following hour, until
both sides agreed upon g. G. Glessner, OF
Allegheny township. The Common
wealth exercised its privilege of standing
aside the next juror called, and the de-
fendant challenged the following juror.
After this juror was examined at length
only to be excused by the Court on ac-
count of conscientious scruples. The
next juror called was excused on account
OF sickness. the next was stood aside and
the next challenged. Smith Il. King, q
Middlecreek township, farmer. proved
satisfactory to both sides, and was accept
ed as the twelfth Juror at i:l9.
Surprise was expressed in some quar-
ters that Jury to try capital Offense
could be selected in 50 short a time.
As soon as the panel was completed
counsel for the defendant asked Judge
Longeneeker to adjourn the court until
Saturday morning, until something def
mite was learned in response to the attach
ments issued for witnesses at the morn
ing session. Judge Lougenecker refused
to entertain the motion, bat ordered a re-
cess until p. N.
JOHN RoDDY AND RICHARD JACKSON
ARRAIGNED.
When court convened Friday evening
ten Jurors were selected to try Richard
Jackson, Court and counsel agreeing that
this was necessary in order to expedite
the business before the court. When the
prisoners were brought into court John
Roddy's face was flushed, aud pleasant
smile fingered on his lips. He took a
seat by the side Of his brother James.
while Jackson, who is his brother-in-law,
found a seat on the opposite side of the
table. When the two prisoners stood up
% be arraigned, John Roddy folded his
hands behind his back and riveted his
eyes on the Clerk of the Courts. lie did