The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-24
BRUMM MAKES IN ABLE PLEA
A Verdict in the First Degree Now
Considered Not Likely.
EISEHHOWER'S ELOQUENT COUNSEL
Makes the Effort of His Life Before the
Jury in Behalf of His Client and is
Followed by Mr.. whalen For
the Commonwealth.
Special to EVENING HERALD.


Brumm spent five hours and ten minutes in
addressing the jury in behalf of Theodore |
Eisenhower yesterday and even then gave |
no intimaton as to when he expected to
conclude When Judge Savidge adjourned |
court at $50 last evening he said with some |
display of weariness, 1--WE will adjourn un-
til o'clock tomorrow morning, when coun-
sci will resume his argument" Although |
the court as well as the jury and spectators, |
had become tired by the long siege, they dis |
played an interest during the discourse that
was at least complimentary to the Congress- |
man. and his colleagues at the bar say he is |
making one of the greatest fights of his life
in behalf of the prisoner He is making ac-
quittal his key note and not an item is left
untouched to sound it with all the earnest
ness and effect that human voice and gesture
can put into it, Few outside of the people
connected with or interested in the prosecu-
tion now think that verdict of murder in
the first degree will be rendered. The five
hours Mr.. Brumm consumed yesterday was
devoted entirely to attacking the Common
wealth's case and picking over, piece by
piece, the evidence adduced from its wit
nesses. In many instances he succeeded in
pointing out discrepancies upon which he
laid great stress before the jury. One of
the most important of these was discrepancy
in the evidence of Sebina Eisenhower,
the prisoners daughter. This was one Of
the most important and effective witnesses
for the Commonwealth. If Mr.. Brumm's
points have been etfectually impressed upon
the minds of the jury and Mr.. Whalen does
not eradicate it in his closing address the
verdict may come much nearer an acquittal
than most people expect, as it bears directly
rl,of l,th - ,f
the whole trouble. The point made was
this; That in one part of her TESTIMONY the
daughter testifes that she left her father,
mother and William Schwindt in the middle
room downstairs with the intention of taking
the baby upstairs, but when she reached the
top of the stairs she heard disturb
ance which caused her to descend and
when she did 50 she found the room
vacated by all except her father, who
stood in the doorway with a chair raised
above his head In another part of the case
the daughter testified that when she heard
the disturbance she hurried to get the
children out of one of the rear windows up
stairs. This variance, Mr.. Brumm claims,
substantiates the claim Of the defense that
Eisenhower his wife and Schwindt were
alone in the room at least one hour; that
Eisenhower did fall asleep, but wakened
suddenly and found Mrs. Eisenhower and
| Schwindt in a compromising situation and
that prccipitated the disturbance. Mr.. Brumm
also makes the following deductions to show
how long Schwindt and Mrs. Eisenhower
were together before the disturbance
Schwindt went home with Eisenhower at
midnight and swears it was between and
O'Clock in the morning when he met Mrs.
Eisenhower and her children on the railroad
track ana auNlseu theIl 10 go ullueI vhe sIeu'
rs II mao Starleu 10 ram 9"oln' ElSennoWcl
anu the man gray "ho was au 'he poi'eI
house' s"ore IL s'aIteu 70 ram "l . oiooA anu
SAUNA sWore thaV the lanlhy lelt lhe houso
nan an hour ueIore ocnWinuv Heu IneIil Ol
the rallIolu. haI ulu lhese people uo
from ihlunlght uhuI nan past thtee III Vne
morning, askeu MT, brullh 9ci"lhuV
| says ne ohly rehalheu III tho houso lou VI
hlteeh minutes before the disturbance s'arIeu.
SAUNA sWears Vhal inc mouse WAS va 'Veu
Immediately alter the disturbance, an. YET
swears the mousse was only Nacaleu nalI an
hour before the meeting on the Iailroau,
Inc truth IS MI Brulhih CANNED tlaV lnc
chldren slept upstairs uhtll nearly lou'
o'clock, when eisenhower aWoke ana haue
the discovery that Ied 10 the disturbance
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