Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-07
JURY OUT EIGHTEEN HOURS
Defense Apprehensive Of Disagree
ment as to Mrs. Beisel's Fate.
AFFECTING SCENE IN COURT
Accused Fall Into Each Others
Arms and Weep-Give Thanks
for the Verdict.

/ MEDIA. Pa, January Mrs Florence
NJ. Erb. wife of Capt. ]. Clayton Erb.
who was we'll known in political circles
/ all over Pennsylvania. and her sister,
Mrs. Catharine Beisei. who were charged
with the sensational murder of Capt. Erb
! the night of October G. 1908. today walked
from the Delaware county courthouse free
! women.
After the jury had been out nearly
eighteen hours it brought In a verdict
of not guilty in the case of each woman.
| both charged separately and jointly with
shooting the captain.
! Thus ends trial that has held the in
terest of the people of the state for more
than week, during which much scan
| dalous evidence was brought out, some
| of which did not reach the reading public.
Almost up to the moment when the
| jury announced that 1t had agreed the
| prospects for a unanimous decision of
| the twelve men were not bright. Dur
| ing the morning the jury filed into court
and asked for further instructions on the
| question of self-defense.
Jury Reaches Agreement.
! While the spectators were still standing
| in the courtroom discussing the instruc-
tions given the jury word came from
the jury room that the men had agreed.
The defendants were sent for at once
| There was a minutes delay before they
| arrived. During this heartbreaking in
terval the defendants attorneys were SO
nervous they could not remain still
Jumping from their seats, striding up
and down, sitting down again--hands in
pockets-hands ciasped behind their.
packs-they were more restless than any
jungle animal cage of city zoo.
| }. Rohrman Robinson, assistant district
attorney. representing the commonwealth.
was also Ill at ease. though making
half show of Indifference.
Judge Johnson took his seat just AS
the jury was escorted into the room.
There was absolute silence. Then tho
court clerk went through the usual pro-
ceedinS of asking the jury if they had
reached a verdict.
The foreman announced the verdict of
acquittal.
Not Guilty, Says Foreman.
There was a seconds pause, dead si-
ience. then with half scream. the sis
ters fell i'm each others arms.
| Everybody in the courtroom was on
his or her feet Women wept as they
looked at the pathetic scene
In an instant the women were SUR
rounded by their friends and attorneys
and overwhelmed with CONGRATULATIONS
Harry Beisel threw his arms around his
wife and his sisterin-law, Mrs. Erb
Tears came to their eyes. This scene
lasted several minutes.
The jury was not polled. After Judge
johnson had thanked them Mrs. Erb hur-
rled from her seat to Dickinson, the fore
man. and wrung his hand. Mrs Beisel
did likewise. They went down the line Of
the twelve men,
Tears stood in the eyes of most of them
! The thanks of the women were sobbed out
| in broken syllabes.
Il was innocent and knew I would be
acquitted, said Mrs. Erb. after the jury
| had gone. Il was only fearful of my sis
! ter. | did not know what they might Go
| to her for doing what she did 10 save my
life"
Mrs. Beisel said:
Il thank God il is all over No: | have
not been confident of acquittal. For you
never know what twelve men will do
Il was sure of my sisters freedom. but
not of my own. though l know I was in-
nocent of amy crime
/ The. district attorney said:
We have prosecuted the case honestly
and fearlessly and have performed fun
/ duty to the commonwealth.
! Mr.. Froneiield said:
'Of course. arc satisfied We Nera
a little bit worried whcn the jury STAYED
out all night. but | felt that acquittaI
must come.
Jury Locked Up Over Night,
| The case given into the hands Of
! the twelve men yestesdav afternoon
There were many rumors anost as to ths
standing of the jury, but none of them
could be traced to any authoritative
| source One rumor had it that some
jurors for acauitting Mrs. Erb and
! convcting Mrs. Bescl of manSlaughtcr.
| Another rumor said the jury was divided
| between acquittal for both or conviction
of manslaushter for both.
The iurymen were escorted from their
| room in the courthouse this morning to Il
private house nearby. where they had
brea akfaSt at o'clock They were in
| charge of three tpstaves. and did not d IS
cuss the case while at breakfast.
On their way back to the courthouse one
of them was heard 10 say TO another:
We'll. guess We are still deadlockcd.
| l. hope will reach decision soon"
The twelve men looked tired They had
been up most of the night arguing and
balloting.
Judge Johnson. who tried the case came
To the courthouse at o'clock and an
nounced that he would not send for the
jury unless they wanted additional In
structions.
Prisoners and Counsel Worried.
Mrs. Erb and Mrs Beisel and their at
torneys were worried by the long delay
and fearful that a disagreement would be-
the best they could hope for.
The sisters spent the night in Jail, &C.
cupying adjoining cells. They slept Well,
not awakening until after o'clock.
Their first question. of course. was:
Amy verdict" When informed of the
dea dlock both seemed aStonShed
Mrs. Erb was asked If she knew Litzen-
berg, the fox-hunting member of the jury.
and If she thought he was holding out in
favor of her sister and herself
She sent word that she had never met
him while fox hunting. far she
could recollect, and did not think him
prejudiced in their favor.
At 9:4J O'Clock the jury came in and
asked for further instructions on the
question of self-defense.
One juror asked what Mrs. Beisel was
just in doing when Capt. Erb came at
her. which resulted In the shooting. The
Juror wanted to know why she did not
go into her room again when she saw
Erb approaching her.
The court went over the evidence and
said that il Mrs. Besel thought that she
was in danger Of death from Erb or in
danger of great bodily harm she had Q
right to defend herself.