Montour American. (Danville, Pa.) 1866-1920, 1907-01-17
clarence CARR
Sentenced

Of Commonw ealth VS.. j. II. EthwoTth,
Samuel Dunmoyer and William +.
Pensyl, i'll which the charge was con-
spring to steal horse, returned a
verdict of guilty, convicting each of
the defendants as in manner and form
indicted. During the afternoon Eth
worth and Dunmoyer were sentenced,
each to two years in the Eastern pen
itentlary. Iii tne case of Pensyl sent
ence was suspended pending argument
for new trial.
CONSPIRACY CASE RESUMED.
Wednesday morning the case of Com
monwealth VS.. J. Fl. Ethworth. Sam
uel Dunmoyer and William E. Pensyl
was resumed. The testimony was COM
pleted on Tuesday evening and for the
first thing yesterday morning the at
torneys for the defense, of which there
were three. went to the jury.
Charles V. Amerman, attorney for
Pensyl, made the first plea. He ad-
dressed himself especially to the task
of clearing Pensyl, holding that the
latter was the unfortunate victim of
circumstances and was not party to
conspiracy. The effect of his plea was
much enhanced by Pensyl's wife and
little daughter, who sat by the side of
the defendant weeping bitterly.
DoIx 80 r.
next went to the jury. He urged that
no conspiracy was shown. He admit
ted that Ethworth might have been
guilty of receiving goods under false
pretenses, an ofrense, however, which
did not figure In the Indictment, but
that he could not be convicted of con-
spiracy.
William Kase West, who seemed to
represent the whole group of defend
ants, made the last plea, which was
brief. merely insisting that the court
charge theljury that no conspiracy ex-
listed
ItEwas shortly after 10 clock when
Hon. H NJ. Hinckley went to the jury
for the Commonwealth. He made a
strong and characteristic plea. He pre-
faced his address by humorous al.
lusion to the multiplicity of attorneys
for defendants and stheir apparently
conflicting interests. He said that
each one of the several lawyers en-
ployed seemed willing that the other
two defendants should be considered
guilty and made scape goat, only Sc
that the one that he represented might
be acquitted. Mr. Hinckley insisted
that conspiracy existed and that all
charged, reviewing the evidence in
detail to show that Pensyl was in as
deep as any of them. He spoke for ov'
er half an hour.
Judge Evans charge was very clear
and impartial He defined conspiracy
and submitted the evidence.
At IL O'Clock the jury retired. the
twelve men were as follows: Jesse
Klase, Michael Riley, Jacob Dietz,
Jesse Umstead, Jonathan Stahl, Grant
Fenstermacher, G. O. Meyer. Michael
Breckbill, George P. Cotner, Robert
Adams, John H. Garnett, Harry FL
lenbogen.
CLARENCE CARR.
Shortly after II o'clock the case OF
Commonwealth VS.. Clarence Carr was
attached, which was the last case on
the Commonwealth list. The charge
was homicide, the defendant, it will
be recalled, being accused of causing
the death of little George Fausnaught
by pushing him into a deep pool in
the dismantled steel plant on the af-
ternoon of July 18th last A true bill
was returned and plea of mot
guilty" entered at the previous ses-
sion of court.
When the case was attached yester.
day, Ralph Kisner, attorney for Clar,
ence. Carr, explained to the court that
after due deliberation and acting on
advice of others, he had decided to as
sumo the responsibility of withdraw
ing the plea of mot guilty and to
ask that plea of guilty in lesser de.
gree than homicide be entered. He
explained that the case was sad one
and that the youthful defendant was
entitled to the fullest measure of con.
sideration and mercy His mother is a
patient at the hospital for the insane.
The boy is not yet IS years of age and
his education and training have been
sadly neglected.
Mr.. Kisner said he believed that he
should be restrained. He was fearful
that, il tried on the charge of hom-
icide, the boy might be acquitted and
he doubted whether he was fit to 20
free, as he might be tempted into the
commission of some act similar to the
one of which he is accused. He,
therefore, asked that the plea be
changed to one Of guilty in lesser de.
gree than charged in the indictment
and the boy be committed to some re-
formatory institution, where he would
receive proper training.
The court called upon the district
attorney, who agreed to the modifica-
tion of the plea and the whole plan as
proposed by Mr.. Kisner. On motion,
therefore. the court agreed to suspend
sentence on the plea entered and an
nounced that the matter would be fin
ally disposed of during the afternoon.
In the meantime it was decided to
hear some testimony on the case for
the enlightenment of the court
George Fausnaught. the father of
the little victim, Officer Voris. Ralph