The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-06-20
No VERDICT UNTIL NEXT WEEK
The Evidence Not All in When Court
Adjourned To-Day.
EISEKH0WER'S FATE IN DOUBT !!
The Trial will be Resumed Monday-on
Tuesday Mr.. Brumm will Address the
Jury For the Entire Day-Trial
will Close Wednesday.
snecial TO EVENING HERALp.r

Special to EVENING HERALDv
PoTTsvILLE, June 2O.-When Theodore
Eisenhower was on the witness stand to
defend himself on the charge of having
murdered John Schwindt last February, the
straightforward manner in which he told
his story and the earnestness with which he
explained many important details created a
very favorable impression in his favor, but
after the noon recess, his manner changed
wonderfully and by the time he left the
stand much of the impression he had made
in the early part of the day was eclipsed by
a popular belief that the prisoner was foxing,
To the questions put by Mr.. Brumm on the
direct examination in the morning Eisen-
hover responded promptly and with almost
convincing frankness. Mr.. Whalen's intoTO-
cations on cross-eXamination in the afternoon
were met with hesitation and what appeared
to many to be over indulgence in assumed
forgetfulness and stupidity However, the
prisoner at no time directly contradicted
himself and the manner in which he went
through the examination that took up nearly
both sessions of the court yesterday showed
that he is a man of remarkable nerve.
There was brief interruption in the cross
dOah, to be examined by Mr.. Brumm. He
stated that on August 2lst 1895, treated
Theodore Eisenhower and upon examination
found confusion over the region of the sth
and 9th ribs and partial fracture of the
ribs. He said the bruise had the appearance
of having been sustained some days previous
to the date of treatment.
William SChwiLdt placed the date of his
L.. p.l
and Eisenhower fixed the date as the 30th or
Slst of August Mr., Brumm stated that his
object in calling the doctor was to show that
as the doctor gave the date of the treatment
from written memoranda, Schwindt and
Eisenhower were mistaken in the date of
the scuffle. There was no cross-examination.
Mr.. Whalen took Eisenhower step by step
over every highway and byway that had
been Travelled during the direct examination
for about three hours. lie started with
Eisenhower's scutile with Schwindt and
gradually brought the questions down
20 the time of the prisoners arrival
at the Pottsville Jail on being com
mitted for the shooting, even compelling
Eisenhower to tell what streets he passed
through from the depot to Jail in Pottsville.
This line Of examination was evidently
cused was well taxed with events that trans
pired during the periods that the defense
claim Eisenhower was suffering from in
sanity. Some times the witness delayed in
answering questions as long as twenty sec
onds, by actual timing, and delays Of from
five to eight seconds were very frequent in
many stages of the examination. The court
became impatient on several occasions and
~, I,1 t,I tbo,
dozen times that he felt that Eisenhower was
foxing. At one time he directed a line of eX
animation to try and show that during the
recess the prisoner had received hint that
insane men do not answer as prompt, ac-
cuntely and positively as Eisenhower had
done in the morning, but the prisoner stead
fastly maintained that he had only conversed
with the iaiIor and the only subject was the
weather
From the testimony adduced on the cross
examination, as well as on the direct,
it appeared that the prisoners mind was
blank from the time he walked along the
railroad towards the scene of the shooting to
the time he was placed in the lookup and
again from that time until he was arraigned
before Justice Williams and committed to
the county Jail.
was as follows.
Q. Did you see two men in mining clothes
on the railroad?
A. Not ahead of me
g. Did you sit down anywhere on the
railroad
A. Not to my knowledge
Q. Were they behind you?
A. guess they were (yawn).
Q. Did they pass you?
A. Yes l think they did.
Q. Where did they pass you?
A. | don't know.
Q. photograph shown) You say that two
men passed you some where ON this railroad
Can you tell how far below that saloon they
passed you?
A. guess they passed me. l said l thought
they did Maybe they dind't
Q, Have you not some recollection that
two men were on that railroad somewhere
and close to you?
A. They might be ahead Of me-
Q, Do you remember that two men were
behind you2
A. There were more than two men behind
me.
Q. Where did you see those two men last
that were behind you ON that track2
A. That is more than can tell,
q. Did you see John Schwindt on that
ailroad7
Q. (After waiting 10 seconds for an
answer) What is the trouble now?
A, What do you want2 | am ready to
answer you.
O. Didn't you hear me ask you ques-
tion?
After wait of five seconds the last ques-
tiOn was repeated.
A. (The prisoner seemed to arouse from
deep thought) | say no,
O. Is your hearing getting worse
A. l don't know.
Q. Don't | speak loud enough for you to
hear me2
A, You speak pretty loud.
Q. And you have heard me, have you not
A, (Carelessly) don't know.
O. Did you see a man on that railroad that
day, at that time, named Schwindtf
A. l don't know