The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1904-08-15
SAVED INNOCENT MAN
I4LE THAT READS LIKE A LEAF
FROM A ROMANCE.

His Freedom through INT
Services of an Entire Stranger.
4 lawyer Of this city tells the follow
story, many points of which came
der his own observation. Describing
as "a Dramatic Chapter in the Grim
al Procedure of Pennsylvania" he
Us:
Franz Berschfne, not much more than
enty-one years old, well educated
Id of good character. living with his
krents on the ancestral estate in
Rain, the extreme western province of
lstralia, about ten years ago, became
Iamored of Maria Kersek. a peasant
d farm servant in the employ of his
rents. He proposed marriage, and
& e accepted him. There was inflexible
position on the parents part, due
$incipally to the difference in social
ation Of the parties: and the sequel
tablished the fact that the refusal OF
e older folk to agree to the proposed
carriage was wise and just.
#But the human heart is a cryptic
ing, and no rule Of ethics forbids the
sceptible son Of an Austrian landed
oprietor from falling in love with a
Rndsome peasant. This particular
8 buth had, indeed, the precedent of the
& ustrious Goethe before him, and the
eat poet philosopher, aristocrat in
rnate though he was, in his mature
S ears married the most rural of rural
aidnes, Christine Vulpius. after hav-
g loved her for years. And so. Franz
erschine, unheeding and disdaining
brent opposition, and being unable to
Harry at home without parental con-
mt, fed to America with his be-
othed. Upon their arrival they took
their residence at Olyphant, in
ackawanna county, in this state, with
colony of mining compatriots. Be
re, however, they had completed their
arrangements to be married, the girl.
iudenly and capriciously, announced
Berschine that she had fallen in love
{ 18th another man. whom she would
lortly wed.
81 GIRL KILLED IN STRUGGLE.
u In his frenzied despair, Berschine
roduced a pistol and endeavored to
ow out his brains. He had procured
lis pistol the day before. having been
Bid by relative of Maria that she had
scarded him. He then determined to
Ut an end to his life if Maria con-
med this story. AS he placed the
uzzle of the cooked pistol against his
brehead, the weapon was pulled away
Il the girl, so that the bullet went into
lie mans chin. In the ensuing strug-
e for the pistol it was again dis
n 1arged, and the result was the death
Maria Kersek.s
Berschine was arrested, indicted for
urder in the first degree and prompt
tried in the Lackawanna county
burt at Scranton He was defended
~ able counsel. They were, however
riously handicapped by their clients
norance OF English in their earnest
fort to procure his acquittal, based
pom their faith in his story as above
slated, and as communicated to them
N Edmund Al. Barth, an architect and
vii engineer. in high repute in Scran-
on, who is q native of Austria.
At the trial Berschine was placed or
he witness stand in his own defence
[e related in his own language the cir.
instances already briefly detailed
hich attended the death Of Maria Ker.
Six. Most unfortunately, however, the
fficial court interpreter was German
I'D wholly unfamiliar with the Ian
aage Or dialect (Krainisch) spoken BY
Berschine, which speech Is In no degree
llied with the German or any language
inbred to the Teutonic. In conse.
uence there was given to the court
nd jury a wretchedly inaccurat;
i -ai1slation (ff, indeed, the bungline
erforma11ce of the misinterpreter coulG
called a translation at alr of Der.
bhine's testimony. Besides this, Wo.
ham witness produced by the prosecu.
lon swore that she saw Berschine run
away from the scene of the tragic
recurrence, and that in his haste to es
APE ne stumbled and fell over a barbec
ire fence, the wounds from which, SHE
and it was commended by the pros
cutian, caused the scars on Der
ehimes chin
VERDICT OF MURDER.
81 AS an inevitable consequence, thu
Iry brought In a verdict of murder il
be first degree, and Berschine was OF
ne last day Of December. 1894. sen
enced to death. An appeal in his be
&aIf was taken to the supreme court
but, under the evidence as given at tn,
8rial, there could be nothing but an at
rmance Of the conviction, which deci
Il lion was announced at the close Of TIL
s. hummer of 1895.
At this critical juncture, ant
Through the direct agency of Mr.. Bart
he attention Of the minister for Aus
ria Hungary at Washington, M. Lads
AUS von Hengelmuller, was directed t
What was, apparently, a grfevous mis-
carriage OF justice. With the business
Ike promptness and general kind
heartedness characteristic of Mr.. Vol
Iengelmuller, qualities which hav
made him onesof the most popular for
ign representatives at the nationa
81 apital, he instructed me, through tn
hen consul for Austro- Hungary a
s2hiladelpflia, the late "A. J. sOsthelmei
assist the counsel at Scranton
3Nessrs. Colborn & Horn, in an appea
the board Of pardons, at Harrisburg
n Berschine's behalf.
81 To this particular end there was pre-
barred and presented to the board @
hardons a very full statement of tn
1jfferent languages and dialects spoke
@Inder the Austro-Hungarian flag.
S.,oes I,o1I,,1 that there are not less tina