The citizen. (Honesdale, Pa.) 1908-1914, 1911-02-15

y '
Newcomb three times and convicted
each time. He was first tried and
convicted Oct. II, 1907, and ten
days later was sentenced by Judge
Newcomb to pay fine of $500, pay
the costs of prosecution and under
go Imprisonment in the Eastern peni-
tentiary at separate and solitary
confinement at hard labor for the
term of twelve years and six calen-
dar months.
An appeal from this conviction and
sentence was filed with the Superior
court October 23, 1907, and March
s, 1908, the Superior court reversed
the judgment of the lower court and
ordered a new tial Howe was next
tried on Mar. 80, 1908, and on April
2, 1908, he was convicted for the
second time. He was again sentenc-
ed by Judge Newcomb April Is,
! 1908, to pay a fine of $500, the
costs and undergo Imprisonment in
the Eastern penitentiary for the term
of twelve years.
The second appeal from conviction
and sentence was taken to the Su-
perior court and again on March 8,
1909, the Superior court reversed the
! lower court and ordered new trial
Howe for the third time was ar
/ raigned for trial May 20, 1909, and
again for the third time he was
found guilty May %, 1909. Two
| days later he was called for sentence.
Judge Newcomb again sentenced him
to pay a fine of $500, the costs of
prosecution, and undergo imprison-
ment in the Eastern penitentiary for
the term of twelve years. An appeal
was again filed with the Superior
court and for the third time the Su-
perior court in February, 1910, re-
versed the lower court and ordered
a new trial.
Change OF Venue.
This trial. the fourth, was listed
for the April term of criminal court,
a year ago, and was continued 1t
was set down for trial in October last
but at that time Howes attorney, R.
H. Holgate, presented his petition
asking that the case be sent to some
other county court for trial. The
petition alleged public prejudice as
one of the grounds for the change
and the petition was granted, the
local court deciding, to send it to
Wayne count for trial before Judge
Alonzo T. Searle in Honesdale
Judge Searle fixed Tuesday, February
IA, for the trial.
The Howes and the Pattersons are
old residents of LaPlume borough
Both Madeline Patterson and Car
Howe have resided there from early
childhood. They played together; at
tended school together, grew up to
gether; for six years lived on ad
joining properties and until June
1907, there was never word of com
ment in the small neghborhood, con
sisting of fewer than 200 people, con
cerning any relations of any kline
whatever between them. Howe new
er called on Madeline Patterson il
any other than casual way; nevel
was in her company at church; was
never seen in her company and 81
far as the people in the vicinity were
informed, had never paid her any at
tention. When Howe was arrested
June 4, 1907, the scandal shocked
La Plume and no happening before
or since has received half of the dis
cussion and been subject of such de
bate as the arrest of Howe on thu
charge made by Madeline Patterson.
At each of his previous trials Howe
has stubbornly denied the charge
made by the girl. The girl has gon,
/ on the stand at each trial and told ;
story that convicted Howe. 1t ha
. been the story of Madeline Patterson
5 against the denial of Howe, with no
thing to corroborate her story ex
cept some picture postal cards alleg
/ ed to have been sent to Howe by tn
Y girl asking him to keep appoint
= ments.
d. Prosecutors Case.
: At each trial the commonwealth
J has succeeded in showing their al
: legged illegal relations, from May
1905, down to December 2, 1900
: when Madeline Patterson became six
teen years of age. Against this ties
timony the defense has always mad
it's fight on the ground that tn
s statute of limitations which dates tw
: years prior from the date of the in
S dictment, September 10, 1907, pre-
e cluded any testimony concernin
s their relations prior to September II
r 1905. The commonwealth, however
e has always succeeded in showing ths
!. the alleged relations began In MAJ