The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1897-07-28
IN ROCKwELL's BEHALF.
Arguments We're Heard by Judge
Mayer Of Elk County.
Elk DemocraL.1.

Eur Democrat
The argument for a new trial for Fred
X. Rockwell, the convicted murderer of
Lewis Haines, was heard by Judge May
er Friday morning.
The prisoner was brought into Court
by Deputy Sheriff McMackin and was
securely kandcufed before he left the
Jail. The bracelets were taken off, how
ever, in the corridor before he entered the
Court room. Rockwell appeared to be
in excellent health and spirits, although
he looked a little pale, and his face and
hands twitched nervously as he listened
to the argument with apparently great
interest. E. J. WINNER, his attorney,
made an excellent plea for a new trial
and urged that justice be done the poor
unfortunate, who he alleged, had not
been granted his constitutional rights.
He said that the admissions or confess
sions, made by the defendant in the coun-
ty Jail at Tionesta, which were admitted
in evidence by the Court, although OBJ
jected to by defendants council, were
clearly inadmissable.
Mr. WINNER quoted many authorities
to sustain his position and said it will
probably be maintained that the admis-
sion of the statement by the defendant
before the coroner, under oath, was not
prejudicial to the defendants case. 1t
was introduced and offered Ivy the Com
monwealth for the purpose of proving the
prisoner to be stating a falsehood, when
he said before the coroner that he did not
leave Haines' house in company with
Louis Haines on the Dist day of Decem-
ber, 1896.
1t was incompetent for the reason that
it placed the defendant on the stand, not
for the purpose of contradicting his own
testimony nor that of the defendants
witnesses, but for the purpose of show
ing that although defendants testimony
admitted that the defendant had accom-
panied the deceased away from his house
on the morning of Decemb ber,2lst, yet the
denial embraced in the statement of the
prisoner before the coroner of his having
so accompanied the said decedent, would
further convince the jury of the defen.
dant's guilt.
When the Commonwealth, through its
officers, the coroner and the district at.
torney, illegally acting with the coroner's
jury, outside the limits of their iurisdic-
tion, the county of Elk, in Forest county
caused Fred X. Rockwell, the defendant
then accused of the crime of murder, to
be dragged from his cell before such il.
| legal body, directed him to be sworn, MOI
cautioned, nor warned him, that he need
not testify unless he were willing to dc
so, obliged him to stand up and submit
to the oath and submit to the probing eX.
animation of the district attorney, who
should know better, it held over him
then presumed wholly innocent, the
sword of Damocles. 1t is not the law o
the land that truth should be thus ex
tracted or guilty convicted.
"frhe true intent OF the constitutions
guarantee" said Mr.. WINNER, (which W.
invoke, is that an accused in a crimina
trial should not only have the right Il
close his mouth, but he could fold hi
arms and refuse to be a witness agains
himself in amy sense, or to any extent
by furnishing or giving evidence agains
himself whether by testimony unde
oath or Affirmation, or confessions, or ad
missions, without either, or by proofs O
physical nature"
No consent of the prisoner in the ex
tremity of his need ought to bind him.
AT the conclusion OF his argument
which occupied about fifty minutes, Free
II. Ely rose to reply, and he too plead 70
justice and nothing but justice. II
quoted eminent authorities to sustain hi
position and intimated that if Mr.. Vim
mer had examined the laws of Pennsyl
vania as closely as he solicited Judg
Mayer to do he would not have made tn
argument that he did.
He said that the only question wa
whether the evidence taken at the coro
ner's inquest was admissible and strong
ly contended that it was. He said tha
Rockwell was not the only person sus
pected of the murder and if he had eau
toned him about giving evidence h
would have had to caution every Othe
witness examined.
Mr.. Ely expressed his surprise that tn
learned council for the defense argued TO
a new trial on different reasons than n
had filed, and thought that his new rea
sons were as worthless as the old ones.
He only talked about twenty minutes
and at the conclusion Judge Meyer askeC
both he and Mr.. WINNER for the paper
in the case but did not intimate when h
taken back to jail and the Judge callet
the next case,