Montour American. (Danville, Pa.) 1866-1920, 1908-01-23
COM. Us. HARRY
H|NSHELWOOD

At 10 O'Clock Thursday afternoon
1.-the case of Commonwealth VS.. Harry
Hinshelwood was given to the jury.
When court adjourned at o'clock
that evening the jury was still out.
An arrangement was made whereby
the court house bell should be rung
provided the jury came to an agree
ment before eleven O'Clock, in which
event court would assemble and take
the verdict. If the jury could not
agree until after IL O'Clock, then the
verdict was to be sealed and returned
this mornaHg At L 11o'clock last night
the jury was still deliberating.
Immediately after convening Thurs
day morning A. W. Duy for the de-
fense went to the jury. He spoke for
about an hour reviewing the testimony
in detail and dwelling with specia
emphasis upon the alleged dying state
ment, which, he insisted, lacked the
necessary corroboration to make it
binding under the law of Pennsyl-
vania. But for DR.. hinshelwood's
evidence, he declared, confederation
would have been lacking altogether.
Mr.. Duy did not come into the case
until Wednesday noon, when the testi-
mony of the Commonwealth side
was practically all in. Notwithstand-
ing this handicap he conducted the
defense very skillfully, his address to
the jury especially calling forth much
praise.
Hon. H. M. Hinckley went to the
jury for the Commonwealth at 10 40
O'Clock. He read the act of assembly
relating to the offense charged and
dwelt upon the difficulty of obtaining
evidence in such cases. He explain
ed the circumstances under which pro-
secution may be brought. AT consid
cradle length and with his accustomed
force and eloquence Mr.. Hnckley re-
viewed the wide range of testimony
to show that the alleged dying state
ment was amply oorroborated. He
spoke until IL o'clock, the crowded
court house meanwhile sitting in
breathless silence.
Immediately after recouvening Judge
Evans proceeded with the charge to
the jury. He went very carefully ov-
er all the testimony reproducing in
detail the alleged dying statement as
written out by the court stenograph-
er. The court very carefully explain
ed what points should be present in
the testimony to the end that the dy-
ing statement might be corroborated
as required by law. Tie charge was
considered very fair in all its rela-
tions.
At 2:10 p. m. the jury retired.
At 2 80 the case of Patrick f. Bren-
memo, Guardian of Elizabeth Markley,
vs. Catherine Fiegles, the first civil
case, was attached.
W. Kase West. and Q. @. Lark, the
latter of Shsmokin, represented the
plaintiff. Hon. H. NJ. Hinckley ap-
peared for the defendant.
W Kase West in outlining the case
to the jury explained that Elizabeth
Markley is about eighty years of age
and in consequence of her advanced
years is very feeble, and mentally
weak
For many years of her life she lived
at Thompsontown, this State. where
she smassed considerable property. 1t
was explained that she was employed
in the capacity of a servant and that
her savings, through the kindly advice
of her employer, were very judiciously
and profitably invested.
Within few years past Mrs. Fieg
les, the defendant, went down to
Thompsontown TO see her sister, Miss
Elizabeth Markley, bringing the latter
along home with her, thenceforth to
reside at the home of the defendant at
Mausdale. Miss Markley it was alleg-
ed is very illiterate and has no idea of
the value Of money, which together
with her feeble mindedness renders
her incapable of taking care of her
property.
! While living with her sister, Mrs.
Fiegles, it was alleged that Elizabeth
Markley was unduly under the infiu-
enoe of the former, who induced Miss
Markley to withdraw money from the
bank and to apply it to remodelina
the Fiegles home. The present action
is brought to recover s9O0 of Miss
Markley's money, which the defendant
, is alleged to have obtained through
undue influence.
Mrs. Fiegles, and NJ. G. YoungmaI
we're among the witnesses called dur
ing the afternoon.
While Mrs JOSepb KOuza of Shen