The citizen. (Honesdale, Pa.) 1908-1914, 1911-02-17
WEEPlNGLY, PETITE MADELINE PATTERSON
TELLS THE JURY HER PITIFUL STORY
4e

Not until after 10 o'clock We'd
nesday morning were the twelve men
finally selected who are to determine
the fate of Carl Howe, a chaffeur
of Scranton, charged with a statutory
offense by twenty-year old Madeline
Patterson, daughter of George Pat
terson, La Plume.
The legal "pyrotechnics" began
early in the trial After the pre-
Iiminaries had been properly dis
posed of, and all the properties had
been duly observed, Tuesday af-
ternoon, Attorney Holgate, address,
ing Judge Searle said he would like
to have a few preliminary questions
disposed of before going further. He
said he did not care to have the a-gu
ments made before the jurors and
Judge SearlG suggested that the
mysterious motion might be made
and argued before him in chambers.
A recess was then taken, all attor
neys, the court and stenographer,
William Hamlin retiring to the
chambers of Judge Searle.
There Mr.. Holgate moved that
District Attorney O'Brien be exclud-
ed from participating in the trial and
also asked for the expulsion from
the trial of Attorney Clarence Balen-
tine. Mr.. Balentine has been private
counsel for George Patterson, father
of the complainant, since the case
got into the court nearly five years
ago.
preliminary Questions"
Mr.. Holgate argued that Mr..
O'Brien was to all intents and pur-
poses an interloper in leaving his
own bailiwick to trespass on the jur-
isdiction of another district attor-
ney of another county. "A district
attorney" he said, fully competent
and capable to uphold the cause of
the commonwealth" He rested his
argument on the ground of lack of
jurisdiction.
Mr.. Holgate contended that under
the act of 1850 relating to change
of venue, a district attorney has no
right to go into another county to
prosecute any criminal case, for he
is under salary and his services be-
long to the county paying him. He
has no right, he declared to usurp the
duties of the district attorney of
Wayne county, whose duty it is to
try the case. He objected also to the
presence of Attorney Balentine as
counsel for Patterson. He argued
that Patterson is only witness.
District Attorneys Reply.
District Attorney Simons answered
Mr.. Holgate. Mr.. Simons held that
the law as cited by Mr.. Holgate re-
lated only to juries and cited the
case of Commonwealth VS.. Deitrick,
of Columbia county to sustain the
argument. There was change of
venue in this case and the district
attorney of Columbia county tried
the case for the commonwealth, Mr..
Simons said. The motion to exclude
was refused by Judge Searle and the
assembling of jury to sit in the
trial was then taken up.
A special venire of forty-eight jur-
ors had been drawn for this trial.
The selecting of the twelve men was
marked with even more caution than
at any of Howe's previous trials. The
talesmen were submitted to rack
ing cross-searching by Mr.. Holgate
and on the slightest suspicion that a
talesman might have talked the
case over, even if the talk took place
only today, that man was rejected by
Mr.. Holgate.
District Attorney Simons took
charge of the jury, selecting for the
commonwealth, because being an of
ficer of Wayne county his acquaint'
ance with Wayne county men would
necessarily be more extensive than
that of Mr. O'Brien. MIR. Holgate
adopted similar precautions. Along
side of him sits Attorney F. p. Kim
BILE, of Honesdale.
No Boys Allowed!
Believing that the trial involves
phases of life and morals detrimental
to the youth of Honesdale and vicin
ity, Judge Searle ordered that NJ
boy under twenty-one years of ag'
be admitted to the court room while
the trial is on. Several women, how
ever, were on hand Tuesday after
noon when the trial began. ON
minister. Rev. George S. Wendell, o
the Baptist church, was also present
Judge Searle espied him in the audi
ence and invited him TO seat a