Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-11-12
CHILD-WIFE FOUND
INNOCENT BY JURY
[Cbntinued from First Page.l

in the court room at times wiped
away tears as they heard n plea for
acquittal and then heard the clear
tones of the District Attorney tell
ing the jurors to cast aside any
sympathy or prejudice and do their
sworn duty. returning true ver-
dict" Judge Kunkel reiterated the
warning and told the jurymen to
consider nothing but the evidence.
Makes Final Plea
For 20 minutes Mr.. Carter pleaded
the child d-mother's defense. telling the
jury that she must either be convict
ed of murder in the first degree or
must be acquitted. "If you find she
was the blind instrument of fate
above and beyond her which she
could not control, then she Is inno-
cent. Here Is girl who has been
afflicted with the terrible disase-
epilepsy. Tossed about as ship
without sail or rudder, hurled on un-
seen rocks. hers is a terrible afflic-
ton
who is Cathleen Stewart? First
of all she is mother. A word that
is the purest the lips can utter The
sweetest thing in the worldl is a
mothers love. The sweetest music
Is the cooling of her baby. The great
est grief for her is to look upon the
Geld face of her dead baby. Do you
think this mother could commit the
crime of which she IS charged?
Tonight, when a thanksgiving
shall be given for her deliverance. "a
prayer shall go up for you," he con-
cluded.
Asks For Conviction
District Attorney Stroup in his
address to the jury declared that the
homicide was committed because of a
selfish mother love. "The Common
wealth seeks no victims. She is on
trial for her own act.
"Some homicides are committed be-
cause. of anger. jealousy, hatred or
for revenge. The Commonwealth does
not contend that in this case. In this
case 1t was love of self-selfshnes
that prompted her. Continuing
Mr.. Stroup argued against the theory
that she was either insane at the
time of the poisoning or that it was
accidental.
Said Not Insane
ITO want to commit suicide is not
evidence of insanity, and epilepsy is
not insanity. 1t may lead to insanity.
Some of the greatest characters in
history when confronted with an aw-
full calamity have committed suicide.
Yet they were not insane
she confessed she wanted to COM
to die alone. The selfshness OF ner
mother love made her want the child
with her in the great beyond. She
did not want to leave it behind. Gen :
tlemen of the jury, didn't she take
| that child in her left arm, and pour
| the poison into it's mouth, then VIII en-
she saw ii suffering, didn't her he.rt
fail her? She lacked the nerve AMI
courage to end her life. Then she
called to her mother, %, mother,
look what l have done to my baby :
Not, Look what has happened to my
| baby but Look what have DONE
For almost an hour Mr.. St-oup
spoke to the jurymen and then Judge
Aunkel charged them, speskirg for
30 minutes. At no)1 tho Jury left
the room and just back of it foil wed
Cathleen Stewart with two deputy
sheriffs. She looked back san1 smiled
to some relatives among them her
mother and aunt, just os she step
| ped from the courtroom. They nodded
! rca ssuringly and remained until adj
| .'.urnul':
Ill Since Thirteenth Year
Witnesses called by the defense yes
| terday afternoon were placed on the
stand principally for the purpose of
| showing the epileptic condition of
| the Stewart girl.
Mrs. May A. Smith, 1922 North Front
| street, an aunt, was called first at the
| afternoon court session. Since the
girl-mother was two years of age she
had been living with her aunt. Ac-
cording to Mrs. Smith the girl first
| suffered from epilepsy when she was
| 13 years old, and one year later had
to be taken from school because of
her condition. In 1911 she was mar
ried and in May, 1919. the child was
born at the Smith home.
Mrs. Smith said her niece suffered
| from two to four attacks a day, and
! usually was in a dazed condition for
at least two hours after each one.
Sometimes the girl was in that con-
dition without suffering from any
| convulsions, the aunt also told the
jury.
Mrs. Fannie Dinger and Mrs. Ber-
tha Dinger. two neighbors. made sim
liar statements telling of fits which
the girl had while at their homes.
Mrs. Clara Spangler was another who
was called and told of the attacks of
epilepsy.
Louis w. Smith, an uncle, said that
ht saw his niece wandering around
| in circle in the street one day. He
said she did not know where she was
| and had to be taken into his barber
SnOp until Sne recovered. MIS-. Mary
Glaspey said that she was seated in
| River front park one day and saw
the girl fall over the bank suffering
| from a fit.
Three physicians were called in the
afternoon to explain the effect of
| epilepsy on the body and mind. They
| were DR.. G.. II. Phillips, DIR. Thomas
E Bowman and DR.. William II. West
DR.. Phillips repeated some of the
| testimony he gave in the morning
about finding the Stewart girl in a
dazed condition and unable to answer
what she had done.
After a short argument between
District Attorney Michael f. Stroup
and w. Justin Carter counsel for the
defense, it was decided by the court
to let DIR. Bowman testify. Mr.. Stroup
contended he was not an expert in the
study and treatment of epilepsy, and
| DIR. Bowman stated on the witness
stand he handled only about five OIL
| six cases a year.
1t was pointed out that the defense
could either be accidental poisoning
on the part of the child mother dur
ing an epileptic fit, or If the poisoning
was Intentional. then the defense
| should show whether the defendant
was in such a state of mind when she
administered 1t that she fully realized
the nature and consequence of her
| Ion