The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-07

There seems now little question but
that George Van Horn, the convicted
murderer Of Mrs. Josephine Wescott,
will get n new trial. He may get X
from the local court, but the chances
are that he won't He will almost as
suredly get il from the Supreme court
If the case is appealed, and the proba-
bilities are that 1t will be, in the event
of the lower court refusing to grant
the petition.
Four words in the judges charge Is
what will cause the county to be put
to the expense of another trial of this
case, and possibly by some chance or
accident permit murderer to escape
his just dues.
These four words are the disputed
utterance of Judge Archibald in the
opening part of his charge. According
to the stenographic notes of the official
court stenographer, Willis ID. Coston,
Judge Archibald said: "All unlawful
killing is presumed to be murder of the
first degree" which Is an incorrect
presentation of the law as Judge Arch
bald himself says The judge contends,
ard the book from which he read
this part of the charge substantiate his
contention that he said: "All unlaw-
full killing is presumed to be murder
That he said "of the first degree"
Judge Archibald most emphatically de-
MES, and further contends that II
would have been impossible to have
made such a misstatement without
either the attorneys in the case or some
of the lawyers sitting about the en-
closure having noticed the mistake
which anybody who is at all familiar
with the law knows would result in
a complete upsetting Of the whole pro-
ceedings, if not corrected.
WORDS SCRATCHED OUT.
Upon reading over the typewriter
transcript of the charge Judge Arch
bald noticed the alleged misquotation
and scratched it out. With this amend
ment he gave it his official approval.
Attorneys l.. P. Wedeman and E. w.
| Thayer, counsel for Van Horn, had
been furnished a copy of the charge,
as is the custom, and they, too, noticed
| the error at once. Scarcely believing
that such a thing could be true, they
excitedly hurried to Stenographer Cos
tons office and, showing him the false
statement of law, asked him If he was
sura he had reported the judge cor
rectly.
Mr.. Coston had not before this
noticed the very evident misstatement
of law and was somewhat surprised
that it had escaped his attention. He
was not positive, speaking from men,
ory, that he had not inadvertently
added the fatal words "of the first de-
gree" but upon questioning his notes
he at once became positive that he had
| in ffS nj fn1lnwinU
words "All unlawful killing is pre-
sumed to be-" was the word sign for
murder first degree and above it in
long hand was written the proposition
"of."
Sometimes it is called murder in the
first degree" and again it is referred
to as murder of the first degree
Judge Archibald is very particular ir
his language, and knowing this anG
realizing that he would be exceptions
ally particular in this charge. Mr.. Cos
ton, as if by some fateful direction
resolved at the outset of the charge tC
mark in the proposition that Judge
Archibald would use, instead of sup
plying it upon making the typewriter
transcript, as is done with propositions
articles and words that are easily i'm
piled.
In number of places in the charge
the word sign murder first degree
occurs and wherever it appears tn,
proposition is written in long hanC
above it.
THE PROPOSITIONS INDICATED.
Sometimes the judge said 'in'' ant
at other times "of." but in each cas-
the stenographer made sure to indicate
in long hand which was used. Tha
these We're not afterwards inserted b.
the stenographer is reasonably provei
| nv the fact that MeSsrs Wedema