Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1914-06-29

l. SF1AF tlts
"Murdsr in tho second degree"
w IHERE it required three months
i wv to bring about a mistrial Col
i w a murderous young million
aire in this same vllely kept
building, with its horde of idllng polit
ical appointees, it required only three
hours to dispose of the case Of this
pale country boy facing hurried and
impatient judge and sleepy jury.
In those three hours Kearney, the
man from headquarters, had his wit
nesses present the case for the state
The three men from Hell's Kitchen
told of seeing the prisoner lurking In
that neighborhood. He was in the
company of two yeggmen. The police
man who arrested him told of his at
tempted escape after the vault of the
bank was blown with nitroglycerin.
Garrett then learned why the expert
pert qualified as such in brief direct
examination. He identified a heavy
iron wrench handed him by the pros.
ecutor as one of the tools found In the
kit taken from the prisoner.
you made careful examination of
this implement, did you not?" asked
the assistant district attorney.
"I did"
"Tell the jury what you found there"
81 found spot about two inches long
by half inch wide and by laboratory
tests found it to be a spot of human
blood"
"What else did you f1nd?"
81 busted the wrench with white
powder and found the prints of a
thumb and two fingers"
The prosecuting attorney placed the
wrench in evidence as Exhibit A and
then offered as Exhibit B an enlarged
photograph of the prints found upon it.
II offer you for identification this
document, which is the Bertillon rec
ord of the accused taken at police
headquarters follt lg his arrest" )"
said the prosecutor.
The expert examined it.
"What do you find in this record
that bears upon the case before us?"
THE thumb print and the prints of
the index and middle fingers Of the
right hand in this record are the same
prints shown upon the wrench with
the spot of blood"
THAT is ALL" said the prosecutor,
with smile and an air of triumph.
I He was young and eager for record
of convictions. He looked significantly
toward the jurors as if to say, ut is
now up to you, gentlemen, to send the
prisoner to the chair"
This trump card of the police brought
to James Montgomery realization of
the utter hopelessness of his plight, and
his face became chalky white. Death
In the electric chair was before him.
He was but boy, and his patient, old
mother was sitting beside him, her
hand clasping his.
Fortunately she could not compre-
hend what was going on. She had
never heard of the Beitillon system.
Montgomery choked back the sobs Of
despair that kept rising in his throat
and returned the pressure Of his moth
er's hand
The witnesses for the defense were
put on in quick order. They told in
homely language what they knew of
the accused. He had been faithful
son and the support of his mother. He
was working as an apprentice machin-
lst in a factory in Nyack when hard
times caused the factory to close.
Work was scarce and he had left
home to seek employment in the city.
The mother took the stand She
turned in the chair and looked to the
judge appealingly, as a wounded bird
would look up to the bough from which
1t had fallen.
"Just tell the jury about your boy
said Garrett, standing and twirling a
heavy gold watch charm.
"My son was born in the cottage in
which l now live near Nyack"-- she
began.
"You must speak louder the judge
Instructed.
She finally raised her voice and told
her story. The mother love sang in
every word she uttered; it glistened
with the soft light of holy candles in
her faded eyes, and it fairly trembled
forth from her fragile body as she told
of the life of her only child and of
their mutual struggle.
''It' is not in the nature of my son to
harm any one" she started to say, as
her story drew to a close. The young
prosecutor popped from his chair as If
a powerful spring had been released
beneath him.
81 object!' he cried wrathfully. 81
ask the court to have that remark
stricken out as Irrelevant, incompetent
and immaterial. 1t is not evidence"
|. Gentlemen Of the jury" said the
court, after rapping with his gavel,
"you are instructed to pay no attention
to the remarks just made by the wit.
ness. They are not in the nature OF
evidence, and they are ordered stricken
] %6, Ie.