Phoenix tribune., 1921-06-11
KILLS OFFICER WHO
TRIED TO enter HONE
is FREED BY JURY
Especial to The Tribune)

Greensburg, Pa, June 9.-James
Franklin Marshall, of Jeanette, who
shot and killed Policeman Joseph
Bossart, (white) on the morning of
January 20, 1921, was acquitted of the
charge of murder at o'clock Tues
day, when the jury returned a verdict
of mot guilty"
The case was one of the most SEN
sational ever tried in court here; the
testimony of the witnesses and cross
questioning of the lawyers bringing
out many issues which were sharply
contested.
Jury Out 80 Minutes
Directly after the verdict, a motion
was made to the court to have Mar
shall released from the custody of
the sheriff. The jury was out but 80
minutes before they returned with
their verdict generating Marshall
from all blame.
Relating of the icidents which led
up to and followed the fatal shoot
ing. Marshall told his story in
straightforward manly fashion, and
his bearing alone seemed to convince
the jury of his innocence Part of
his testimony follows: 81 and my
wife had retired shortly after eleven
o'clock on the evening of January 2S.
About 2:20 a. m, was awakened by
my wife who had heard noise at
the window. l kicked at the wall be-
low the window, with the intention
of soaring the intruder away.
"a short time later, I was again
awakened by my wife, who had heard
the noise again. This time she claim
ed that she had heard the window be-
I ing raised. Resting on one elbow,
secured my revolver, which I always
kept under my pillow, and asked my
wife, will it scare you too much, If
shoot to scare him away? My wife
answered, "No'" Thereupon I fired
one shot through the wall below the
window, while still lying in bed.
Then called Chas. Hunter, board
er, to go to the front door, while 1
went to the side We saw no one.
"H-I! It's Bossart!"
81 thought it best to report the
matter to the proper authorities. so
Hunter and I dressed quickly and
started for the police station About
$50 feet from the house we saw a
man lying face down ON the ground.
Not knowing whether he was hurt or
merely drunk. we went on to the
station and notified Officer Cowan,
who returned with us to the point
whore the body wa9 living As he
turned the body over. Cowan, startled
said, Hell, it's Bossart." After
few more words, Cowan left us to
watch the body, while he went for
an officer and doctor. He returned
about an hour later, and we were
taken to the police station"
Mrs. Viana May Marshall strength
ened her husbands case by refusing
to become ratified at the repeated
questions asked by the prosecution.
She related the incidents time after
time without variation.
Partially Disguised
1t was admitted by the police that
when shot, Patrolman Bossart was
wearing a black cap and a black
overcoat over his uniform to appear
as plain clothes man One point
brought up Ly the prosecution was
the fact that the window of the house
had been securely nailed, making it
impossible to be raised But the de-
fense was ready with witnesses. The
owner of the house testified. that two
days previous to the shooting, he had
opened the window, while making
some necessary repairs, and never re-
nailed it.
The court room was packed by
friends of Marshall, and others, who
had been drawn to the courtroom be-
cause of the notoriety attending the
case. And throughout the entire
course of the trial, numerous ones
hung on the outside, anxious to OBJ
tain just a morsel of news as to the
progress of the battle being waged
between two of the shrewdest law
yers in the city. Many were present
as character witnesses, and all gave
the defendant clean slate.
The Commonwealth was represent
ed by Attorney Adam B. Shafer and
First Assistant District Attorney
VIM. T. Dom; while Marshall was
ably defended by Philip K. Shaner
and Paul Mccormick, of Greensburg.