The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-06-09
JArIES AND JOHN RoDDY IN THE
SHADOW OF THE GALLONS.
sii fierc Ct Saving the Lives Of the Prisoners
Believed to Have Passed--Last Acts IN
the Famous TriaI.-eediys Declare
They srr innocent ef the Murder Of
David Berkey.
Death Sentence VIII Likely be Impos-
ed at Argument Court, Which
Meets on June aust.

outward evidence of emotion, further
than that John swallowed an invisible
lump that had gathered in his throat,
and beads of perspiration appeared upon
his brow. john folded his hands behind
his back and looked steadily into the
eyes of the men whose words were of
such fearful consequence 10 him. Once
or twice a smile played about his lips,
aud when the trying ordeal was over he
resumed his chair by the side of his
COUNSEL. Jim's face was ashen pale, but
he was more composed than at any time
during the trial. He chewed away at a
wsd of tobacco, occasionally leaning for
ward to expectorate, while the jury was
being polled.
Judged Longenecker charged the jury
as soon as court convened Thursday
morning. The delivery OF the charge
consumed about an hour and at 10 O'clock
the jury retired. Shortly afterwards
court took receSs until l:3) p. NJ, when
il again met and after short session
took recess until the ringing of the bell,
which was 10 announce to the plblic that
Daring the afternoon John Roddy
amused himself by playing on his violin
in the upper corridor of the county Jail,
the strains of the music floating across
the space between the Jail and cOur, house
aud into the room occupied by the jury,
who were determining whether or not he
should die an ignominious death.
There was much speculation on the
streets during the afternoon aad early
evening as to ths n lture of the verdict,
an overwhelming majority expressing
the belief that it would be glilty of mar
der in the first degree, while others de-
elsred their belief that the jlry would
| either acquit or disagree.
When the court boil ann3lncel a. so
that the jury had agreol there WAS wild
| rush for the curt house and in few
minutes the cburt room was crowded.
with an eager thrbag. \ number of Ia
dies were in the audience. The jurymen
were ia their seats befbre the crowd APP
polTe AMI some of them were visibly
amused by the critical examination to
which their 1untenances were subjected
by those who were anxious to read in al
vance the verdict that was in their keep
ing aad only to be made known when
asked for by the court.
Colnsel for the Commonwealth aud for
the defendants took their accustomed
seats. \ moment later the Members of
the bench entered. 4 deIthlike stiffness
pervaded the room. The clerk OF the
courts called the roll Of jdrors, and at Il
nod from Judge Longenecker asked the
usual question. After tbs jarors had an-
! nounced that they found the defendants
guilty the verdict was handed 10 Judge
Longenecker, who eIrefully scrutinize1
it and directed the clerk to return it 10
the foreman of the jury. Ths Judge then
said: '&entlemen of the jury, we in
stracted you this morning tn 1t your ver-
dict could be in only one oftwo forms,
either Not guilty,' or Guilty of murder
in the first degree The court will wait
while you retire and pat your verdict in
proper FORM"
Three minutes later when the jury re-
turned to the eoart room counsel for the
defendants asked thI. the jury be )lIed.
Each juror arose as his name was called
and in response To the question by the
clerk: "In the issue joined between the
Commonwealth of Pennsylvania and
James Roddy and John RD1 iy defend
ants you say that you find the defendants
James ROddy and John Roddy guilty of
murder in the first; is this your verdict?"
promptly replied Yes, sir" Immedi-
ately following the verdict was taken and
recorded at 9:l0 p. NJ.
Lawyer c. +. Uhl, Jr., at once filed
motion for new trial, aud Judge
Longenecker directed the Court Steno-
grapher TO have the notes of testimony
transcribed on or before the 2lst inst,
when argument will be heard as to why
4 new trial should be granted.
There was no demonstration on the part
of the audience when the verdict was
taken, the large crowd quietly retiring
| from the court room. The prisoners were
conducted back 10 the county Jail.
Only three ballots were taken, the first
and second standing IL TO for conviction.
There are several condolences in re-
gard to the trial. One is that the second
verdict was recorded on the first anni-
versary of the commission of the crime.
The other is that the jury retired at al
most the precise time as did the jury at
the first trial and deliberated until about
the same hour, both juries coming into
court at the same time. The verdict of
the first trial was recorded at 9:l5 p. NJ,
on December "A, 1896.
From the time new trial was granted
the Roddy boys both defendants were
entirely confident that they would be ac
quilted. When John bade one of his
sisters good bye, Tuesday afternoon. he
said: Don't worry about us; Wen be
home next Monday" The hopes of both
defendants ran high, up until the moment
the second fatal verdict was delivered by
the jury. ON the way to the court room
to receive the verdict Johu remarked to
one of the Jail officials Il feel sure the
verdict is not guilty"
MAINTAIN THEIR INNOCENCE.
After the prisoners had been conducted
back to Jail both stoutly maintained their
innocence, and the next afternoon when
they were visited by their counsel, the
unhappy brothers separately and togeth
er declared they were innocent of the
murder of David Berkey.
Counsel for the Roidy boys have about
abandoned all hope of establishing their
innocence, aud their visit to the Jail FRI
day afternoon was for the purpose of con-
veying this information to the prisoners.
Counsel talked TO them very plainly,
saying that there was little, if any hope,
of securing another trial, and but faint
hopes of securing reversal of ju igment
on appeal TO the Supreme Court. Appeals
were made to the prisoner TO confess
they had anything 10 do with the Berkey
robbery, aud as an inducement to confess
they were told that if any other person or
persons were connected with the crime,
confession might save the defendants
from the gallows. In reply to the ap-
peals and threats of his attorneys John
Roddy firmly declared that he woald go
on the trap an innocent man. 'I was
never in Paint township he said, ''ex-
cept the time the officers took me to
Berkey's."
Judge's Charge to the Jury.