The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-07

Unhesitatingly Gives II as His opin-
ion That the Matter of Insanity
Does Noi Enter Into the Case, aud
Tells the Jury That II should Either
Acquit Van Horn or Find Him
Guilty of Murder in the FirstDegree.
At els o'clock last evening the rate
of George X. Van Horn the accused
murderer of Mrs. Josenhine Wescott
was committed to the hands of twelve
of his peers. At 12.l5 this mornin"
the Jury retired without coming to an
agreement.
Yesterday was given up entirely 10
the closing address and charge OF I've
court Mr. Thayer began the argu-
anents for the defense at 1920 speaH-
ing for about forty minutes. He re-
view the evidence in detail, picking
out of parading the Inconsistencies
and contradictions of the testimony or
the commonwealth; parading the
strong points in the testimony of the
defense and cleverly showing many
Instances wherein the stories OF the
prosecutions own witnesses tended 10
favor the defense by corrobprating It's
story in many of it's essential parts.
Then Mr.. Wedeman proceeded with
the conclusions and differences favor
able to the accused that might be
drawn from the evidence. He repeat
ed the story of the accident as he
first outlined it, showed how there was
everything to support and nothing
substantial to contradict the theory
which the defense had advanced and
maintained.
DEFENSE CLAIMS IMPAIRED
MENTALITY.
In word he tried to logically
and reasonably bring the jury
to believe that Van Horn had com
mitted a foolhardy act in payfully
drawing his razor across Mrs. Wes-
colts throat; that his foOlhardlness
was attributable to bis impaired
mentality, which in turn resulted from
the injury to his head.
Mr. Wedeman spoke nearly three
hours and held the closest attention of
everyone in the crowded court room
by his clear concise and easy style
1t Was an earnest and eloquent effort
t can be said without any fat
Mat if George Van Horn hangs
II will not be because he did not have
an able presentation of his defense.
District Attorney Jones occupied alrut
two hours in reviewing the case for the
commonwealth He went over the eVi-
denCe step by step and then from the
whole drew the picture of the tragedy
as he would have the jurors see it.
IIe was strongest i'll his attacks on the
highly improba BILE" theory OF the de-
fense and in very effective way called
the jury's attention to such "absurdi-
ties as a man with 81 in his pocket
and barber shops aplenty. near at
hand, shaving himself in a dark cellar.
JUDGE ARCHBALD'S CHARGE.
Judge Archbald's charge was not
such as would tend to raise much hope
in the defendants breast. After Civ
ing the customary general instructions
he went on to say that in many as
poets the case was the most serious he
had ever tried. Then he launched out
and plainly told the jury that the ques-
tion of insanity in his Judgment did
not enter into the case. The testimony
that had been adduCed to support this
contention was insufficient and what
had BEEN put forward was far from be-
ing strong.
In his judgment the case turned not
on the defendants mental responsible
ity hut on the question as to whether
or not it was an accidental or wilful
killing
One of the most natural things grow
ing out Of the relations of lover and
mistress is jealousy. It is the most
free and easy Of social relations and
for that reason it is not difficult for
one party or the other to shift his or
her affections and attentions IT is a
common experience for n rejected lover
TO murder his mistress and vice versa
In the opinion of Judge Achbald the
relations between Van Horn and Mrs.
Wescott. upon which the defense laid
so much stress tended TO mere easily
make apparent a motive for crime
AS to the threats, the judge thought
1t not so highly preposterous as the
detense maintained, for man in the
position Van Horn is alleged to have
beer, to sc about declaring his inten-
tion of venting his jealous rage Even
though il is the height of folly, his
honor reasoned, the passion is some.
times so strong that it bursts forth
from the restraining bonds of reason
ana judgment and exercises its desire
10 unburden itself in expression.
NO CONTRADICTIONS IN COM
MONWEALTIIS TESTIMONY
The story Of the commemorative
witnesses as to the immediate circum,
stances attending the commission OF
the deed contained no contradictions
or inconsistencies. This, the Judge
stated impressively and empnatically
as II he would have the jury under
stand unequivOcally his view of that
portion of the case. AS to Van Horns
alleged confession the Judge made
this comment: That the prisoners own
story on the witness stand was with
this one exception identical, substan-
TALLY speaking, with what Lieutenant
Davis and Detective Moir testified n
told them.
Then referring to Van Horns story.
of the killing, he said Is it a credit
able story? Does it invite your be-
heve? Who tells it? These are ques-
tlons you must ask yourselves in pass
ing upon it.
Ontimes we do in earnest what we
have practiced in jest remarked the
judge and this he Contended might
fairly be considered in connection
with the testimony Of the defense to
the effect that Van Horn was in the
habit of playfully drawing his razor
across Mrs. WescOtt's throat.
The defense alleged that the drawing
of the razor across Mrs. Wescott's
throat was by way of protest against