The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1897-06-17
JURY DISAGREE.
Alter Beng Out Thirty-six Hours, the Jury
In the Wintersteen Case Fail to Reach a
Verdict, and are Discharged.

On Thursday morning little after
ten o'clock James Scarlett, Esq, began
the argument to the jury in the Win
tersteen case, occupying an hour and
forty minutes. In the afternoon Fred.
Ikeler and ]. H. Jacobs spoke
for the defense, and on Friday morn
ing Geo. S. Graham closed for the
prosecution. All the speeches were
strong, and the court room was pack
ed full of people to hear them. AT
twenty minutes oftwelve Judge Ermen-
trout began to charge the jury, and
finished in twenty-one minutes.
The charge while brief, was con-
else and to the point. He began by |
narrating the circumstances of the |
crime, including knorr's arrest in
Reading, and his confession which |
implicated Mr.. Wintersteen.
"This crime is most serious one,
and your examination OF the evidence
must be just, earnest and conscien-
tious, and your verdict rendered in
accordance with such evidence or
Justice becomes mockery and trial
farce.
at is the duty of the Common
wealth to piove the guilt of the ac-
cused beyond a reasonable doubt,
and should any such doubt arise, the
defendant must get the benefit of it.
But it must be doubt arising from
the evidence itself, and not conjured
up to escape an unpleasant duty and
it must be an honest doubt, such as
to becloud the conscience.
"The Commonwealth has presented
Clifton C. Knorr as its principal wit
ness, and, alleging that he has been
fully corroborated, asks for conviction.
According to Knorrs testimony it was
in 1895 that Mr.. Wintersteen first
spoke of removing Mr.. Waller, and in
June, 1896, Wintersteen is alleged to
have said that good way would be
to blow Waller up. Knorr also testi-
hes that Wintersteen secured the
dynamite and taught him how to use
it. The question that now comes
before you, is:
"Is this story trueF
''If it is true, Knorr is unquestion-
ably guilty, but Wintersteen is also
equally guilty, for the law holds that
the one who plans or instigates crime
may be held equally guilty with the
one who performs the actual work.
"But while it is competent under
the law to convict an accused person
on the testimony of the accomplice
alone, it is equally true that it is the
duty of the Court to charge tor ac
quittal on the uncorroborated testi
mony ofthe accomplce on the grounds
that the corrupt source of such testl
mony renders it at least in part un
worthy of credence. The real in
quiry in your minds in this case is
Has the Commonwealth satisfied tn
jury of the truth of Knorr's story
The crime was undoubtedly com
mitted, but corroborative evidenc
must be placed before you to connec
Wintersteen with the crime.
'sThe evidence for the Common
wealth starts with the motive for tn
crime, which they allege to have bee
the bill in equity between Mrs. Knol
and Mr.. Wintersteen. Then the
say that his ill-will toward Mr.. Walle
has been exhibited by his threats, an
claim that the commission of this az
of Knorrs was the elimination of tn
hatred.
''On the other hand each allegatic
Of the criminality of Wintersteen HI
been denied by the defense. Th'
claim that his threats were empty ar
that he had no motive for the dee(
that Knorr alone is guilty with Il
motive shown, and the threats again
Waller by Knorr are said to be prove
They also claim that his testimol
and that of every credible witness
the Commonwealth is consistent wi
innocence alone.
"Evidence as to character is alwa
admissible, and it is substantial ties
mony to be considered in the case.
must be admitted that there are ma
peculiar and inconsistent circu
stances in this case, amounting
manypoints to unmistakable contrad
ton. There have been more attem]
to impeach the character of witness
in this case than in any case | e.
tried. 1t is the duty of the jury
weigh these carefully and to decide
which to give credence. 1t is al
your duty to reconcile these contrae
tons wherever it may be possible.
"Failing in this, it is your duty
distinguish between the confusion
unframed witnesses, under skill
and severe cross examination, and
confusion of falsehood trapped
man s,oou hox ~, a. nu >f the u,oac url,