The citizen. (Honesdale, Pa.) 1908-1914, 1911-02-22

That the County Court House is
"a place where justice is judicially
administered" was again shown last
Saturday afternoon when Carl Howe
three times convicted in the Lacka-
wanna county courts on the story told
by Madeline Patterson, LaPlume,
and after each conviction sentenced
to the penitentiary for twelve years
and six months, twelve years and
twelve years, respectively, was prac-
tically acquitted of the charge by
the jury. He was found guilty of
an offense punishable with a fine
not exceeding 500 and recommend
ed to the extreme mercy of the
court. Judge A. T. Searle permitted
Howe to go on his own recognizance
until wanted for sentence, which
will not be before March 6.
Verdict Unanimously Approved.
The verdict was received by the
Wayne county public as most just
and as fair as any verdict ever re-
corded by jury there. When the
verdict was announced by the court
clerk, men from all walks in life
flocked to the defendants table and
stormed Howe with congratulations
After court was adjourned men call
ed for Howe at his hotel and there
similar scene was enacted.
AS early as Tuesday last, when the
case was called for it's fourth trial
under new environment, the feeling
in the town was overwhelmingly in
favor of the defendant, according to
the Tribune-Republican. 1t was the
only topic of public discussion in ho
tells, stores, the streets. In no quar-
ter could evidence be found that
Wayne county was taking the Howe
Patterson case with a seriousness
that would warrant expectation of a
verdict of penitentiary consequence.
Even before the twelfth juror had
heard was Howe will never be con-
victed here" Public sentiment was
all his.
Jury Takes Three Ballots.
1t took from Wednesday morning
until Saturday at 11:45 to get the
evidence-the same evidence on
which Howe was three times con-
victed in Scranton-and the charge
of the court to the jury, Going to
it's room at 1850 a. m. Saturday,
the jury Immediately went out for
dinner. Returning at 1:50 p. M,
III j y
took only three ballots and had
agreed on a verdict at 2:47. The
tolling of the court house bell at
that hour announced that the jury
had agreed. On the first ballot the
jury stood nine for guilty of the
/ minor count and three for acquittal.
On the second ballot it was the same
result. On the third ballot the ver-
| dict was found based on the recon-
mendation for mercy, and at five
/ minutes past 3 o'clock the jury filed
into the court room. Judge Searle
had taken his place a minute be-
! fore.
Howe, accompanied by his broth
er, Bert, arrived in court at 2:55
and they were joined there by At
t torney F. p. Kimble, of Honesdale
who assisted Howe's attorney, r.
e H. Holgate, in the defense. Mr.
Holgate was not in court when the
verdict was announced. District
e Attorney NJ. E. Simons, of Wayne
county, and County Detective NJ. A
Rafter were present for the COM
monwealth. District Attorney JOS
O'Brien and Attorney Clarence Bal
r entine had left Honesdale at 1928
The Patterson party had also left
= Honesdale before the jury had
agreed.
Jury Has Done Its Duty"
When the verdict was announced
y Court Clerk Hanlan asked counsel il
they wanted the jury polled. mo
|, no." replied Attorney Kimble, "the
N jury has done it's duty" County
g Detective Rafter rushed over tC
. Howe, grasped him by the hand anG
this was the signal for half of the
capacity of the room of spectators
!! to do likewise. Judge Searle raped
for order and when it was restored
he announced that Howe could &c
u on his own recognizance until want
!, ed to appear for sentence. He theI
e announced that court stood adjourn
: ed until March 6. Howe stood III
n and thanked the court.
It When Howe returned to the hote
d where his aged mother and hi
IS young wife awaited the verdict, hi
mother threw her arms around hi
neck and could be heard sobbinl
from joy, his wife joining in thu
scene 1t then dawned fully oil
e Howe that for the first time since
$ June, 1907, he had shaken off thu
e shadow of twelve years in the peni
u tentiary, and he, too, broke down
y Recovering, he went to his room ant
le when he again appeared in the hote
j. Office he found there a half dozel
Y Honesdale men waiting to congratu
late him.
Attorney O'Brien Speaks.
AS early as $3.50 Saturday morn
Iy ing men were headed for the cour
e, room for front seats. District AT
g, torney Joseph O'Brien was to clos
s. then for the commonwealth. Homes
lie dale wanted to hear him and whel
n he began his summing up at $50
the court room was packed. MI