Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1906-06-08
JOHN Sees IS
NOT GUILTY

1
his child, whose case went on tria
Friday afternoon, was found not guilty
| Saturday afternoon, the jury being ou
| only forty minutes. The evidence was
| wholly of a circumstantial nature anc
seemed to lack the qualities either t(
| secure conviction or to cause II divis
ion in the jury.
At 8 80 O'Clock the defense opened
| The first witness called was DR.. Sid
ney Hoffa. On November 4, 1903, he
was called to the Sees home by the
| acting coroner to examine the dead
! body of child, which was thought tC
| have been foully dealt with. DR.. Hotfa
| swore he found no marks of violence
| to Justify such suspicion and made q
report to that effect to the coroner.
He found no evidence that the skull
was fractured Marks or discoloration
on dead body such as found on the
back of the child's head, might be due
| to coming in contact with hard subst-
ance such as lying upon board. Found
no marks of violence on body.
Squire Daniel Rank, acting coroner,
was the next witness. He was with
| DR.. Hoffa when the latter examined
| the child and upon receiving the ply
sician's report decided that an inquest
! was not necessary.
DR.. p. @. Newbaker was examined
as an expert. The danger of death is
| increased he said, where instruments
are employed. Injury on the child does
not always show on the surface. In
ward commissions might result in vom-
iting such as described i'll the case.
Discoloration on dead bodies frequent
ly appears very soon after death.
Tal, Of ftn
fendant, was the next witness. She
| called at her sons home four days af-
| ter the child was born. The child then
seemed to be in bad way, notice
able symptom being a very offensive
breath, which in her opinion was un.
usual in babes.
David Foust, former employer of
John Sees, was called to show that the
| defendant was devoted to his family
and that about the time of the child S
birth he was i'll the habit of walking
| five miles morning and evening so that
| he could be with his wife.
At 10 40 O'Clock Charles V. Amer
| man for the defense went to the jury.
He emphasized the fact that the testi-
mony was circumstantial in it's nature
and cited cases to illustrate the fatal
error that might be made by being
governed by such testimony.
He was followed by District Attor-
ney 9. p. Gearhart, who handled the
case very skillfully. endeavoring tc
show that the evidence, although large
| ly circumstantial, fixed the guilt up
on the defendant beyond n reasonable
| doubt.
At / 80 O'Clock Judge Evans deliver.
cd his charge, which made the course
for the jury to pursue very plain. He
proceeded to explain the law apple
| able to the case, defining murder in
| first and second degree and manslaugl
| ter as in the case of the Common
| wealth VS.. Peter Dietrich. In the first
place it remained for the jury to de-
| termine whether murder had been
committed or in other words whether
| death had ensued from injuries inflict.
| ed by some one, and if so, whether the
| injuries had been inflicted by the de-
| fendant, with malice and intent. II
| this were so it would be for the jury
| to determine whether it was murder
| in the first or the second degree. If
the jury found that the injuries were
inflicted without malice or previously
formed intent then the jury might find
verdict of manslaugh hter.
The jurors We're instructed that cir
cumstantial evidence is competent
| evidence.
| The case was given to the jury at Z
clock. The fact was appreciated that
they had difficult problem to contend
with and an early verdict was not an
ticipated. Great was the surprise,
therefore, when at 40 O'Clock the
jury came in with verdict. By that
time the court room was pretty well
cleared of spectators. AS Sees was
brought down from Jail he was follow
ed to the court house by n crowd OF
curious people anxious to hear the
verdict.
Sees entered the court room n little
in advance of the sheriff with quick
and impatient step, his face, generally
inexpensive, for the first time reveal
ing something akin to real suspense
and anxiety.
| AS the verdict of mot guilty was
| announced broad smile stole ovel
Sees face, his whole manner instantly
changing. A minute later, with I
quick and alert step, he followed the
sheriff out of the court room and his
long confinement of nearly year wa.
practically at an end