The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1917-11-30
KOWALEWSKI CON-
YICTED OF MURDER
TO PRISON FOR LIFE
MRS. EDELSTEIN TRIES TO STRIKE
THE MURDERER-IHE TRIAL LAST
ED TWO DAYS-KOWALEWSKI WAS
TAKEN TO MARYLAND PENITENTIARY
YESTERDAY.

Frank kowalewSki was convicted
Tuesday afternoon after two days
trial in Court of the murder of Abra-
ham Edelstein, horse and cattle deal
er, and was sentenced to life impriSon-
ment in the Maryland Penitentiary.
The jury, which was locked up exact
ly three hours, brought in d verdict
OF murder in the first degree, prohib
iting capital punishment under the act
of the legislature providing for a YER
dict of this sort.
Kowalewski listened to the verdict
without apparent emotion, but he
trembled slightly as he stood to hear
the sentence.
The defense sprung a surprise Tues
day morning by offering no witnesses
to testify for the accused man. This
move ON the part of the defense took
the state completely by surprise, and
the arguments of the lawyers were
begun Immediately. States Attorney
w. l.. Seabrook opened for the state.
He demanded verdict of murder in
the first degree and gave an outline
of the evidence presented by the wit
nesses for the state.
Ridgely P Melvin, of Annapolis,
counsel for the defense, tried to con-
vince the jury that the business trans
action between KoWaleWski and Edel-
stein had deranged the formers mind.
He pictured his client as a man of
subnormal mentality and denied the
states claim of premediation.
William III. Lawrence maintained
that the state had not made good it's
promise to prove premediation. Mr.
Lawrence took a fling at the prosecu-
.tion for OBTAINING Peter Zywicki,
Kowalewski's 16-year-old brother-in-
law. He said that this boy was com
pletely under the influence OF the
prosecution Zywicki was held in the
Anne Arundel county Jail IS days.
Mr. Lawrence seemed directed to-
ward securing verdict of manslaugh-
ter. Edward Weant closed for the de-
fense and the court took recess for
luncheon.
At la D. m. the jury filed out of
the courtroom after Judge Moss had
explained to them that they might
bring in any one of five Verdicts-mur-
der in the first degree without capital
punishment, murder in the second, de-
gree. manslaughter or acquital. About
an hour later the jury sent a message
to the court asking for information,
and Judge Moss answered their ques-
ton in a note that the jurors were
the Judges of the law as we'll as the
facts" EXa' tly at 3.44 they announced
that they had reached verdict, and
were brought into court.
While KowalesWki was listening TO
the sentence which was sending him
to the penitentiary for life, his wife
and baby were seated in the corridor
of the courthouse on the floor below
The little boy began to cry and Peter
Zywicki brother-in-law of koWale-
wski, whose testimony had aided the
state materially in securing the con-
yiction, took the child from his moth
er and hushed his sobs while the ba-
| by's father learned his fate.
| Edelstein was slain by KowaleWSk1
on the latter's farm, near Clarks Sta
ton, Anne Arundel county, on the
night of September Z. The killing was
the outcome of purchase from Ed
elstein OF a pair Of mules. The muir
derer subsequently buried the body
OF his victim ON the farm and ploWed
over the grave.
| A. dramatic instance marked the
! trial. AS Kowalewski was being taken
out of the courtroom Mrs. Edelstein
sprang at him saying, You dog, you
killed my husband" She was quickly
restrained, however, and prevented
from striking the murderer.
The trial opened Monday with the
drawing of the jury in the case.
! The first panel was exhausted in
short order, and Judge Moss declared
recess until another panel could be
summoned. The jurors selected from
the first panel were: Charles W.
Spicer, George WI. Study, William a.
Yingling. At least half dozen tales
men were excused because OF con-
scientfous objections to capital pun
ishment States Attorney w. l.. Sea-
brook challenged, one and the re-
mainder were peremptorily challeng-
ed by the counsel for the defense.
From the second panel the follow
ing jurors we're added to the five men
selected: John N. o. Smith, John ".
Fritz, Oden Barnes, William c. Bish,
Howard Shipley, Grant Bucher and
Tobias Yingling.
A sharp clash between Mr.. Weant
and Detective Kahler came shortly
before the afternoon session of the
court, when the detective refused to
let Mr. Weant talk with Peter Zy-
Eicki, brother-in-law of koWaleEski,
and a witness for the state.
Zywicki, whose home Is i'm Centre
Vile, Md, was held in Jail in Balti-
more as a witness. He was also sum-
moned by the defense, and Mr.. Weant
brought the action Of the detective to
the attention of Judge Moss, who
granted him permission to talk with
the boy.
Mrs. Anna Edelstein, widow of his
victim, was the first witness called by
the state. Mrs. Edelstein had been
sobbing before she was called, but
took the stand and told quietly Of
her hsuband's dealings with Kowa-
lewksi, who was known i'm his sec
ton OF the country as Frank Smith.
She told of his visiting the Kowa-
lewski place when her husband failed
to return after going there, and Of
the accused mans repeated denials of
having harmed him. Her suspicion
had been aroused by the fact that
Kowalewski had no receipt for the
$500 he claimed to have paid Edel- |
stein.
She said that Kowalewski explain !,
ed this by saying that the livestock
dealer had been in hurry to catch !
o. train. The accused protested that
he could not harm anyone unless he
was angry with him, and Edelstein
had always been kind and good to him,
she said.