Montour American. (Danville, Pa.) 1866-1920, 1906-10-04
MURDER IN
SECOND DEGREE

= =
of murder in the second degree, but
was recommended to the mercy of the
court.
The case was given to the jury at
4 80 o clock Wednesday afternoon. The
case presented many difficulties, the
evidence being of such nature as to
invite much controversy. The jury
wrestled with the problem during
Wednesday night and the greater part
of the forenoon Thursday.
When court adjourned Wednesday
evening, Judge Evans announced that
he would not retire until eleven O'Clock
and arranged that if the jury reached
q verdict before that hour the court
house bell should be rung, which would
bring the court and attorneys interest
ed to the court house There was no
agreement. however. during the night
BY misunderstanding Thursday
morning at 0 clock the court house
bell was rung, which had the effect to
bring large crowd to the court house
under the impression that a verdict
had been reached. Even the court and
attorneys were deceived. \ circumst-
ance which helped to make the situa
tion unique was the fact that the jur-
ors soon after Judge Evans arrived
came out Of their room and filing into
the court room, took their places
in the chairs they occupied during the
trial. The attorneys for the defense
had not yet arrived and, while Judge
Evans was waiting, the twelve men
with one accord sOlemnly arose and
filing out through the door rcturned
to their room. where they continued
their deliberations for an hour or so
longer. Their strange action was eX-
planned by the assumption that they
came into court for instruction but
finally resolved that they did not need
it, People were much disappointed
when they found that there was no
verdict and the little episode on the
whole aroused much curiosity.
At 10 40 o'clock 1T was announced
that the jury had arrived at a verdict
The large crowd deceived earlier in
the day was not on hand when the jury
came in. In all, probably, there were
not seventy-f five persons in the court
room.
As the twelve men, who held the
fate of Dietrich i'll their hands, came
into the court room, it was observed
that the most of them bore very mark
ed signs of fatigue as the result of
their nights confinement. Dietrich,
who had been brought into the court
house at the ringing of the bell sat by
the side of the sheriff at the spot he
occupied during the trial. His two
trials in few months have brought
him before the public so much that he
has become accustomed to the sltua-
tion and he attracts only n passing
notice from the public. Thursday,
however, brought the crucial moment
of his life. While awaiting the arriv-
al Of the attorneys he sat impltiently
rubbing his hands together, while his
suspense and deep anxiety, were plain
ly visible in his countenancc
= Gentleman of the jury, inquired
the prothonotary, "have you agreed
upon a verdict? 1--WE have" was the
reply and the foreman of the jury hand
ed over the written verdict This the
prothonotary handed to Judge Evans
who scanned it moment and return
ed it to Mr. Vincent. The silence was
profound as the clear tones of the pro-
thonotary rang out:
Gentlemen of the jury, harken to
your verdict as the court has recorded
it. You say that in the case of Com
monwealth VS.. Peter Dietrich, you
find the defendant, Peter Dietrich,
guilty of murder i'll the second degree
and that you recommend him to the
mercy of the court.
On motion of Mr.. Ikeler the court
ordered that the jury be polled, by
which it is understood that each of
the twelve men was called upon to an
swer Individually as to his concur
renee in the verdict. The response OF
each juror was that his verdict was
murder in the second dergee, recon-
mending the prisoner to the mercy OF
the court. -
Counsel for the defense objected to
the manner in which the jurors were
polled. Exceptions were oyerruled by
the court and bill was ordered sealed
for the defendant.
Judge Evans then addressed the jur-
ors, thanking them, after which they
were discharged.
The defenese then moved in arrest
of Judgment and for a new trial, rea-
SONS to be filed in four days.
Mr.. keller said that a verdict of
murder in the second dergee had been
returned, which eliminates capital Of
fense, the case becomes bailable, and
he moved that in the interval pending
further action Dietrich be admitted to
bail, the court being asked to name
the amount.
Mr. Hinckley objected to bail urg-
ing as a reason that the defense had
moved for a new trial, which made it
clear that a verdict eliminating cap
ital punishment might be followed by
one in a subsequent trial of altogeth-
er a different sort.
The court appointed Saturday morn
ing at 10 O'Clock as time for argument
on application for bail.
The maximum penalty for murder
in the second degree is twenty years.
The number of years imprisonment