Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1911-08-26
Writ of Hdb9aS Corpus Re-
fused Young Prisoner.
CULPABlE AS THOUGH HE LED
Acting on Decision of Judge Butler,
District Attorney Gawthrop Says
He Will Make Wholesale Ar
rests of Mob Members.

West Chester, Pa, Aug. 2S.-JHdge
Butler, of the Chester county court,
sitting at West Chester, refused to
grant writ of habeas corpus in the
case of George Stahl, sixteen years
old, arrested in connection with the
lynching of lack Walker. at Coates
vile on Sunday week ago.
In refusing the writ, which had
been applied for by J. Paul McElree.
counsel for Stahl, Judge Butler de.
nounced the lynching of the negro In
strong terms. He declared that the
mob had done a brutal deed. and that
it's leaders should be severely pun
ished..
Following the hearing, R 3. Cav
throp, the district attorney and the
other county officers, hurried to
Coatesville to resume their probe in
to the outrage
Stahl was identified fin the West
Chester courthouse as one of a. mob
which encouraged a crowd of enraged
men and boys to enter the Coates
vile hospital ON the night of Aug, 10
and to remove Walker. Stahl was
not identified as one of the leaders
of the mob which later burned Walk
er alive. Judge William Butler, who
made the writ of habeas corpus on
which the proceedings were based,
decided though that Stall was just as
eulpahle under the evidence adduced
as though he had actually partiei-
pated in the burning of " alker. Judge
Butler dismissed the writ and remand
ed Stahl to- await the action of the
grand jury that meets in West Ches--
ter within few days.
Stanley Howe, policeman, idena.
fed the boy the one who had rush.
ed into the hospital when the crowd
burst the front door open. The police.
man said under oath that Sahl want
ed to rush up the stairs in the hos
pital that led to the womens' ward,
but he stopped when the policeman
shouted to- him not to brighten the
patients. Howe asserted also that
Stahl shouted to him, you had better
open the door, for we will get him
anyhow" The witness said that the
words were shouted to him as the
mob rushed into the hospital
Charles Whiteley, nineteen years.
DID,, of Coatesville, was another i'm
portant witness for the common
wealth He said that he met Stahl oni
Main street, Coatesville, at 10 o'clock
the night of Aug. 13. and that Stahl1
said he told Howe to open the door,
that the mob was going to get Walk
er anyway and that he (Howe) might
as wen open tine door
j. Panl McElree, counsel for Stahl,
argued for a hong time in behalf OF
his client. He took advantage of sew
eral technicalities in order to, have
Stahl released under substantial bail.
but Judge Butler would not sanction
such a suggestion.
During the argument Judge Butler
said: One is responsible and account
able for his actions. am not, preju-l
diced one way or the other. but the
testimony of the witnesses must be.
taken into consideration One is re-
sponsfble for his actions if he asso-
ciates himself with mob, even
though he gives no PHYSICAL assist
ance. but merely sanctions violence.
Then he is just as guilty under the
law as though he helped to- comma a
murder. Stahl voluntarily allied him
self with a riotous. violent crowd OF
people. He invaded the sanctity' of
the hospital He was there to- give
advice. and the advice he gave the
policeman was intended, for Howe to
understand that the crowd was going
10 get Walker anyway
McElree told the Judge that the
commonwealth must prove that Stahl
knew what the crowd intended to- do
before charge of mupder was lodged
against his client Judge BETTER re-
piled, ut is presumed that when the
defendant allied himself with the mob
he was aware that Walker was going
to be taken from. the hospital