The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-18

George Van Horns hope for a new
trial rests principally on contest of
infallibility between Judge Archbalds
memory, supported by certain circum-
stances and st nographer Wills Cos
toms report of the courts charge.
The official stenographic report
makes Judge Archibald say in his
charge to the jury: every unlawful
killing is presumed to be murder of
the first degree" which is not the law.
Judge Archibald does not remember
just exactly what he did say. but he
is positive he did not say what the
stenographer attributes to him. He
holds that he might have said: Every
unlawful killing is presumed to be
murder" as his own notes of the
charge read or possibly he might have
said: Every unlawful killing is pre-
sumed to be murder though not of the
first degree"
When Mr.. Thayer. of counsel for Van
Horn, mentioned this as one of the
reasons for a new trial. Judge Arch
bald very quickly remarked: MIR.
Thayer, you know l did not say such a
thing"
well, l do not know for myself
whether you did or not. Your Honor
| do not remember of that particular
part of the charge. All we have to
go by is the official report of the charge
furnished us by the court stenograph-
er, and that says that you said: Every
unlawful killing is presumed to be
murder of the first degree"
ARE NOT INFALLIBLE.
make us say things which we never
utter" rejoned Judge Archibald and
in this the two other judges nodded
assent. 81 had to help the stenograph-
err to complete his report in several
places where he was unable to read
his notes. SOM times we talk too fast
for them to keep up with us, and they
get mixed in their notes. | slowed up
several times in that charge when it
occurred to me that | was talking too
fast for the stenograph5 to take accu-
rate notes"
Mr.. Thayer Contended that there
was doubt about it, and that the de-
fendant was entitled to that doubt.
He is entitled to reasonable
doubt" Judge Archibald replied. "The
question here is whether | made such
a mistake as that, and if / did make
such a misstatement of law is IT, likely
that it would go unchallenged by the
counsel for the defense, or that the
district attorney would allow me to
go ahead without correcting such a
palpable error, or on the other side
did tha stenographer make a mistaken"
At the outset of the hearing Mr..
Thayer asked that the rule be made
absolute without argument on the
strength of the depositons of Sadie
Cairns, the 12-Year-old girl whose story
was heard before Judges Archibald and
Edwards Wednesday. 1t was sufficient,
Mr. Thayer contended to raise a rea-
sOnable doubt in the mind of any Juror
and of that he thought the court would
lie convinced from a consideration of
the depOsitiUEs.
THE ALLEGED ERRORS.
Court indicated that the counsel had
better argue it's whole case. Mr.
Thayer then proceeded to set forth
the alleged error Of the trial Judge
mentioned above, and the further al
legged error of telling the jury in the
charge that there were no contradic-
tiOns or Inconsistencies in the COM
mOnwealths testimony regarding the
scene Immediately following the kill
ing, and also in taking from the jury's
consideration the question of insanity
1t was also held that court erred in
overruling the objection to the district
attorney asking Van Horn if he was