The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-25

1t would be difficult to describe the mingled
disappointment and surprise of the many
spectators who attended the Eisenhower trial
yesterday afternoon when it was decided that
the long drawn out case would be extended
for one day more by am adjournment until
this morning to have tine Judges charge to
the jury delivered His Honor, Judge
Sayidge, was not responsible for the delay,
however. He was ready and willing to pro
ceed when Mr. Whalcn closed his argument
at $50, but deemed it, proper TO consult the
jury as to whether they desired to undertake
to settle the case last night, or start in upon
their work this morning. Eleven of the
jury were willing to proceed, but the twelfth,
Levi Kissinger, who had suffered from ILL
ness almost from the first day said he would
prefer to wait until the morning, and the
court acceded to his wishes The watching
public had confidently expected that the case
would 90 to the jury, and it would have been
submitted to them had the original program
as to the summing up been adhered to.
| Public opinion leans to the conclusion that
| the final arguments in the case were extended
more than the circumstances warranted, and
| it is surprising that when the last argument
was concluded all the jurors did not clamor
for a rest. In point of brilliancy neither
counsel came up to the expected point, but
that both sides fought every inch Of the
ground cannot be disputed. At times it be-
came almost convincing that the battle was
not so much between the Commonwealth and
Theodore Eisenhower as it was between
Brumm and Whalen. The former spent
much time in criteising the District Attorney
and his associate counsel in the case and Mr..
/ Whalen spent the best part of the first hour
Of his address in justifying himself and the
/ District Attorney and charging Mr.. Brumm
with trying to befog the jury Both sides
evidently iudulged in this to gain am adyant-
age before the jury, but tits safe to say that
neither succeeded, for the actions of several
/ iurymen during these stages of the arguments
/ indicated that they were anxious to hear
something of q more substantial character
Mr. Brumm's address occupied 81 hours, or
/ half hour more than he consumed in sum
ming up the famous and successful fight he
made in behalf of John Briggs little over two
years ago Mr. Whalen announced that he
would take up from to p hours, but he
consumed 3 hours and 10 minutes aud brought
the session to the regular closing hour of
$3.50. OF the two, Mr.. Brumm made the best
ontorical and dramatic display, but Mr.
| Whalen has peculiar conversational manner
in addressing the jury that fully makes up
/ for his deficiency in wing words and inn
pressive strides, and the result was that when
both lawyers had concluded there were few
in the court room willing to venture an
! opinion as to the probable outcome of the case
before hearing the Judge charge.
Mr., Whalen spent considerable time in
urging the jury to beware of the befogging
which he claimed Mr.. Brumm had indulged
in. He declared that the claim that the
doctors had killed John Schwindt in per
forming the operation was subterfuge TO
draw the attention Of the jury from the real
issue, Just like the stool pigeons who run
away from the place where the shell game is
being played to attract attention from the
real offender so they are trying to induce
into this case evidence from Doctor Halher-
stadt about something that he knows nothing
about to draw your minds away from the
real question. Mr. Brumm may have been
a good matchmaker, but makes am awful