The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-16

voluntary nanslaughter. in having
caused the death of his little daugh.
ter. by setting fire to his house. the
jury yesterday returned a verdict OF
not guilty by direction of President
Judge Edwards.
The evidence presented by the COM
monwealth failed to disclose any In
tent on Jansen's part to commit crime
and as this is essential in maint aiming
charge Of voluntary manslaughter
the court, with the acauiescence of
District Attorney Lewis, directed Il
verdict OF not guilty.
The evidence as 1T stood. unchal-
lenged, would disclose involuntary
granddaughter. but the Supreme court
having declared that voluntary and
involuntary manslaughter cannot be
Joined in the one count. the case had
to fall. 1t may be that n new jndict-
ment will be drawn charging Jansen
with involuntary manslaughter.
| The crime. if it was such. for which
Jansen was arraiGned, occurred in the
early morning of Jan. 22 last. Jansen.
his wife and seven-year-old daughter,
| Florence. lived with his wife's mother,
Mrs. Sarah Mcdonald, and sister, Miss
Sadie Mcdonald
| THREW a LAMP.
Jansen came home from a masuuer-
| ade ball at o'clock in the morning
and was uDbraidcd 10y his wife for
! staying out SO late. He threw n light
ed kerosene lamp which exploded. set
fire to the house and burned to death
his little daughter who was asleep
in the front upstairs bedroom. His
wife and her sister were also badly
burned, the wife having her face and
arms scorched, and Miss Mcdonald
sustaining burns to her feet, which
make 1t necessary for her to still use
crutches to aid her in walking.
Mrs. Mcdonald says Jansen threw
the lamp at his Wife. Jansen says he
accidentally Knocked the globe from
the lamp when he was attempting to
light piece of paper to light his pipe,
that when the lamp was left without
a globe the flame began to flare up
as If the lamp was about to explode.
and fearing that it was going to ex-
plode. he picked it up and aimed to
throw it out of the window but :n-
stead Of going through the window it
hit the edge Of the hallway door, which
was swung back against the window.
- tiSii SApIoueu, anu Dy tilc time he
had eXtinguished the flames that en-
veloped his wife and sister-in-law it
was impossible to get up stairs to res
cue his daughter. Though not being
compelled to testify in the case because
of her marital relation to the defend
ant. Mrs. Jansen corroborates her hus-
bands story in every detail. She now
lives with him at his mothers home
10 lNxr l,i <,;l
defendants table.
MRS. MDONALD'S STORY.
The wife's mother and sister are the
principal witnesses against Jansen.
Mrs. Mcdonald told story that if
believed would be likely TO convince the
jury that he aimed the lamp at his
wife.
She testified she heard Jansen and
his wife duarreling and stepped down
stairs to see what the trouble was. She
passed by her married daughter who
was standing on the second step of
the hallway stair and took a seat on
the opposite side of the dining room
table from where Jansen sat She
didn't say a word to any one and no
one said anything to her. After about
ten minutes. Jansen grabbed the globe
from the lamp and threw it at his
wife. The witness could not say
whether or not ii hit her. Immediate
lS Jansen picked up the lamp and
threw that. According to the witnes.
Inc lamp was thrown directly al Mrs
Jansen who was standing on the sec
ond step of the stairway. Whether or
not it hit her, the witness could not
say. She was positive. howeve. in her
opinion that Jansen threw the i,mp
at his wife to do her iniury and that
1t would have killed her had il struck
her. The attorneys for the defense did
not make a very vigorous effort to pre-.
vent the witness from giving these
opinions.
when on cross-eNaminaliont the Wit |
ness was asked il she had not testi-
lied different on this or thac point at
The hearing before the mayor, she |
either eVaded the question by pleading
bad memory or denied the correctness
OF the report of her previous utter |
ances. She denied positively thar she |
mad said at the police court hearin. |
that she did not see Jansen throw the |
lamp at his wife or that she admitted |
To Jansen's sister and brother on the |,
day following the tragedy that she did |
not know whether or not Frank threw |
the lamp at his wife. !
WHAT HE WOULD HAVE SAID.
Had the defense been called upon to |
put in testimony. Jansen would have |
sworn that Mrs. Mcdonald was not |
in the room when the lamp was thrown |
and did not appear on the scene until
after the fire started.
Miss Sadie Mcdonald, daughter of |
the preceding witness, told that she
heard the quarreling down stairs but
did not come down until after the
lamp was thrown. She begrudingiy
admitted that Jansen eytinguished the
flames which had attacked her night
dress and put his overcoat around her.
She also admitted that Jansen seemed
to be greatly attached To his little
daughter, but according 10 her descrip-
ton OF his conduct when they realized
that the little one Was in great peril,
he did not care much whether she was
rescued or not.
She chided him for not going up the
burning stairs TO rescue his daughter
she says, and told him if he would let
her have his shoes she would go up.
After it was seen that the child could
not be saved she again chided him
and he said "My God! Ally God. say
nothing about this. Keep still"
Patrolman Emil Schmitt told that
when he arrived at the fire Jansen
was standing in front of the house
with his arms folded. watching the
olaze. The witness admitted that he
YES not on speaking terms with jan
sen and that his family and the Jam