- pes
5
MURDER IN THE FIRST DEGREE.
Ira Green and William Dillon Must Suffer the Death Penalty
Unless a New Trial is Granted Them or the Board of Par:
dons Saves Them from it by Commuting t fe
prisonment for the Killing of Jerry Condo. Too
: Life Im- £
the Jury 18 Hours to Reach a Verdict. The
Case in Full.
Motion for a New Trial
Made Immediately Upon the Hearing of
the Verdict, which Was Presented
at a Sunday Morning Session.
“Guilty of murder in the first degree,’
was the verdict of the twelve good and
lawful jurymen of Centre county in their
rendering against Ira Green and William
Dillen for the murder of Jerry I. Condo,
the turnkey in the Centre county jail.
Judge Love finished his charge to the
jury Saturday afternoon at 2:50 o’clock and
swearing tipstaves Thomas McCafferty,
James McMullen and Vinton Beckwith to
take charge of them the twelve men were
gent into the jury room for deliberations
Court remained in seesion until 5 o’clock,
when Judge Love announced that if the
jury reached a verdicts by or before 10
o'clock that night they were to ring the
court house bell and he would convene
court to take the verdict. Ten o’clock
came and no verdict was reached and it
was not until 9 o’clock . Sunday morning
that the jury sent ont word that they were
ready. Judge Love, the counsel on both
sides, and others were at once notified and
quietly they made their way to the tem-
ple of justice. Quite a number of people
were congregated nearby and everybody
flocked into the court house. The prison-
ers were brought in by sheriff Taylor and
deputies Harry Jackson and George Ever-
hart.
It was just 9:25 o’clock when court was
duly convened and the judge gave the
word for the jury to come in. Slowly,and
very solemnly, the twelve men filed in and
took their places in the jury box. When
all were in their places the court ordered
a roll call of the jury, after which cour
olerk M. I. Gardner asked, ‘‘Gentlemen of
the jury, have you agreed upon a verdiet?’’
‘We have,” replied Mr. J. H. Sands, of
Bellefonte, who, being the oldest man on
the jury had been chosen foreman, and in
conjunction with his reply the other men
bowed their heads in acquiescense. The
verdict, sealed, was handed to the court
who opened it and examined it then hand-
ed it to clerk Gardner, who, in a voice that
trembled, announced the verdict of first
degree. Counsel for the defendants at once
requested a poll of the jury and as each
man’s name was called he arose in his
place and responded, ‘‘Guilty of murder in
the first degree.”
It took just eight ballots to reach a ver-
dict. When the jury retired, and on the
first two ballots, they stood six for first de-
gree and six for second. On the following
five ballots they stood seven for first and
five for second. This was about eleven
o'clock Saturday night. They then decid-
ed not to take another ballot until in the
morning, Sunday morning, after a not
very refreshing sleep, the twelve men dis-
cussed the case again, and especially their
duty as jurymen, then sent for their break-
fast. 1mmediately after they were through
eating they took another and final ballot,
and when the votes were counted it was
found that there were twelve for first de-
gree and, save the announcement of the
verdict, their duties as jurymen were at an
end.
When the verdict was announced there
was no sign of flinching noticeable in the
demeanor of the prisoners, save perhaps a
slight flushing of the face and just a mom-
entary twitching of the lips. Otherwise
they sat as apparently unmoved and stolid
as they did throughout the entire trial.
As soon as the jury was polled Judge
Furst filed an application for a new trial,
and the Court allowed the counsel ten days,
dating from August 29, in which to pre-
pare their reasons for same. At that time
a date will be named for argument on the
case.
‘When the WATCHMAN went to press last
week the jury in the murder case against
Green and Dillen has just been empaneled
and court had adjourned until Friday
morning. No murder in years has excited
the same interest and created such intense
feeling as was manifested at this trial last
week. All week there were many strang-
ers in town, and the court house was con-
stantly crowded. On Friday the crowd
was 80 large that guards had to be placed
in the aisles and at the doors to hold the
people in check, and several hundred peo-
ple stood around the outside of the court
house unable to get in because of the
throng inside.
Court convened Friday morning at 9
o'clock. ' At that hour the court house was
already crowded. The prisoners, Ira
Green and William Dillen, looking some-
what careworn and as if they bad passed a
sleepless night, were brought into cours in
the custody of sheriff Taylor and deputies
Harry Jackson and George Everhart. Fol-
lowing close in the rear came Mrs. Condo,
the widow of the murdered turnkey, with
her son and daughter. They took seats
within the bar at a place where they were
easily in sight of the prisoners at the bar.
The jury were already in the box and the
case was at once called for trial.
Ellis L. Orvis opened the case on the
part of the Commonwealth. After a few
preliminary remarks to the jury as to why
they were chosen to sit on the case, Mr.
Orvis read the bill of indictment, defined
the law on the various degrees of murder,
then calmly and dispassionately gave in
detail a history of the crime committed
within the confines of the Centre county
jail on the night of July 29th, when Jerry
I. Condo, turnkey, was so brutally beaten
by the men on trial that he died thirty
hours afterwards. During Mr. Orvis’ op-
ening speech and recital of the crime the
prisoners sat unmoved. Mr. Orvis talked
one-half hour.
J. H. Wetzel, surveyor, was the first
witness called by the Commonwealth. His
testimony in brief follows : Live in Belle-
fonte, made a draft of the interior of the
jail, also of the north side of the exterior.
The draft of the interior was presented and
properly marked by the court reporter,
after which it was fully explained to the
court and jury by the witness. The draft
does not only show the interior arrange-
ment of the jail as regards the upper and
lower corridor, but showed the pool of
blood where Jerry Condo was found, the
blooa spots on the stairs and the location
of the imprint of the bloody hands. The
exterior draft was presented to show the
course the prisoners took after breaking
jail and also the exact spot where the iron
bludgeons were found the next morning.
Deputy Sheriff H. J. Jackson called.
Have been deputy at the jail going on eight
years. Witness then explained the exact
location of the bathroom in the jail—which
was the first cell to the right on entering
the lower corridor. The door of the bath-
room had net been locked for years. Dil-
len and Green were in cell No. 8. The
bedsteads in that cell were painted
white. In the other cells green. On the
night of July 23,cell No. 7 was occupied by
George Henderson and Dominic Constance.
Both cells, 7 and 8, were kept locked all
the time. On July 29 I saw Condo last be-
fore the tragedy about 5 o'clock. It was
his duty to take entire charge of the inter-
ior of the jail and have personal and entire
charge of the prisoners. It was about 9
o’clock when I next saw Condo. ‘Witness
then narrated how and where he first heard
the news of the beating of Condo and the
escape of the prisoners. He further told
the conditions ab the jail as he found them
apon his arrival there, being especially ex-
plicit in his explanations of the broken cell
door. I saw the pool of blood on the floor
and also blood spots at several other places.
The mark of the pool of blood is yet dis-
tinct, Ed. McCullongh found and brought
in the irons supposed to he the weapons
used by the prisons in beating Condo .The
irons have been in our possession ever
since. When found one iron was in a
stocking and the other bare, They were
covered with blood. The one iron fit the
bedstead in cell No. 8, while the other was
evidently off a folding bed down stairs.
The irons were shown the witness for iden-
tification.
Cross-examination of the witness was
conducted by Judge Furst, but no new
facts were brought out. :
Edward B. McCullough called and
sworn, Am 27 years old. Beep in jail
over a year. Was there on July 29. While
there I became acquainted with all the
prisoners. On July 29 was ont all day un-
til evening. About 8 o’clock I came in the
jail and Condo came in after me. Isaw no
one anywhere at that time, but when I got
to thie top of the stairs and turned around
I saw two men coming out of the bathroom,
they were William Dillen and Ira Green.
Condo was part way up the steps. They
slipped up behind him and Dillen struck
the first blow and Green the second. Don’t
know how often they struck him. All I
heard was Green saying, ‘I won’t hurt
you.’”’ I went into my cell soon as I conld
because I was scared. One of the prisoners
told me to keep quiet. Don’t know how
long I was in my cell. When I came out
I saw Condo sitting on the floor support-
ing himself with his bands. Prior to the
killing I heard Green and Dillen 'say they
‘would kill the old bald-headed s—-
They both said it. When
I cane out of iny cell I saw Condo sitting
on the floor with a hig pool of blood along-
side of bim. I found the irons Saturday
morning alongside the jail and took them
into the sheriff.
The cross examination was conducted by
Judge Farst who endeavored to throw
doubt on the witness’s testimony in chief
by asking questions which disclosed the
utter ignorance of the man, The witness,
however, adhered closely to his original
story. :
George H. Kline called. Live at Oak
Hall. Know by sight Green and #Dillen.
Was in jail July 29, in cell No. 6. It is
near the head of the stairs. Do not know
when Green and Dillon got ont of their
cell. I was in my cell when the tragedy
occurred. I was aronsed by the noise.
Heard one of the men call ous to ‘‘keep
quiet or we will give you the same.”
When I went to the door of my cell the
men were just going ous through the hall.
Five men went out. Did not see Hender-
son and Constance get out of their cell. 'I
saw Condo lying on the floor and went and
picked him up. Saw the pool of blood on
the floor, about a pint. Condo was also
covered with bloo:l. McKee and I carried
—— alr
Condo out front then I telephoned for a
doctor. I cleaned up vhe pool of blood but
the stains are all very plain yet. The night
in question Ed. McCullough came in with
Condo.
On ‘cross examination witness said he
had not seen McCullough come in with
Condo, but he came in or he wounldn’t hav
been there. Don’t know which one said
not to make a noise or would get the same
medicine. Witness denied that he had
been approached aud told to stand up for
the Commonwealth.
George Henderson called. Was an in-
mate of the jail July 29. Occupied cell
No. 7. Have known Green and Dillen
since I have been jail. July 20 there was
a jail delivery and five prisoners escaped.
1 saw Green and Dillen in the corridor
about 8 o’clock, perhaps a half hour before
Condo came into the jail. I saw them go
down stairs. Livingstone came up to my
cell and unlocked the door. \
Nothing new on cross-examination.
Samuel Mulharger called. Live in Belle-
fonte, north of the jail. Was on the front
porch on the night of July 29. Saw four
men come out of the jail and run up along
the north side of the fait wall. I ran over
to the jail and found a man helping up
Condo in the back part of the jail. We
carried him out to the front part of the jail
and I waghed his head.
Nothing new on cross-examination.
Mis. Elizabeth Mulbarger was: called
and testified to practically the same facts
as her husband. Witness stated that when
o’clock. Bartholomew Fleming,
jail was known a< Simon McGhee, was
called but refused to take any kind of an
oath and was stood aside for the time he-
ing.
detective.
the men were running along the wall she
heard a noise as of falling iron.
Nothing new ‘on cross-examination.
: R. Osterreich called. Witness boards
Ibarger’s and his testimony was sub-
at
stantially as that of Mr. and Mrs. Mul
barger. No eross-examination.
~ Coart adjourned uutil 1:30 p. m.
A dramatic iveident occurred Friday
morning just when the first witness for the
Commonwealth, J. H. Wetzel, was called.
There was a sudden whirl and swish of
skirts and Green’s wife came into the
courtroom on a run, rushed up to him,
threw her arms around his neck, kissed
him and sobbed loudly until she was led
| away and given a seatalongside of William
Green, the prisoner’s father. She remain-
ed during the day. Her appearance in the
courtroom cansed Green toshow the first
bit of feeling exhibited since the opening
of the trial.
Court convened Friday afternoon at 1.30
who in
i
J. W. Rightuour called. Am county
Was on the train bringing the
NS
IRA GREEN.
prisoners from Mill Hall to Bellefonte
after their recapture. Had Ira Green in
charge and held a conversation with him.
At this point Judge Furst objected to the
admission of any testimony given by de-
tective Rightnour, on the grounds that he
was the officer in charge of the prisoner.
(Objections not sustained.) All state-
ments made him by prisoner were volun-
tary. {Written objections to the admis-
sion of such statements as evidence filed
by the attorneys for the defense. The
objection was overraled and she testimony
admitted.) Iasked Green if he knew Con-
do was dead, and be said he did. I said
to him “Iva didn’c I tel! yon to behave
yourseif,”” (Attorneys for the defense
again oljected and this time the objection
was sustained.) The witness was then
excused.
Charles R Kurtz sworn. (Counsel for
defence objected to the admission of wit-
ness’ evidence on ‘the grounds that it oc-
curred at the time that Green was band-
cuffed to detective Rightnour and there-
fore not competent evidence because the
prisoner was under duress. © Objections
overruled for the time.) Green told me
he didn’t know Condo was dead until
after they were captured and were being
taken to Lock Haven.
Green asked me if. when one man was
killed, they could hang more than one man
and I told him they could hang the whole
bunch.
Cross-examinatian. Was not a deputy.
Was not in company with Detective Right-
nour.
Re direct examination, I took a photo-
graph of she interior of the jail after the
escape of the prizoners and the killing of
Condo. I also photgraphed the broken
cell door.” (Admission of photographs nos
considered material to the case.)
Dr. W. W. Feidt called. Live in Belle
fonte. Was called to the jail Friday even-
ing, July 29, to dress the wounds of Jerry
Condo. There were seven or eight distinct
wounrd= on his head.” There was "consid-
erable bleeding, largely from the back of
the head ; also bleeding and serum from
the ears, In addition to the cuts there
were two fractures of the skull. Saturday
afternocn an operation was performed and
the skull trephined. The injuries on Mr.
Condos’ head were undoubtedly the cause
of his death.
Dr. L. J. Seibert calied. Was called in
consultation with Dr. Feidt, on Jerry Con-
do, early Saturday morning, July 30th.
The injuries on the head were the direct
cause of Condo’s death.
Dr. R. G. H. Hayes called. Witness
corroborated the testimony of Drs. Feidt
and Seibert.
H. S. Taylor called. Deputy sheriff H.
J. Jackson and myself bad constant charge
of the iron weapons found from the time
they were brought into the jail until they
were brought into court. When found the
one in the stocking was covered with blood
and patches of hair adhered to the stock-
ing.
George Everhart called. I helped move
the cots from cells 7 and 8. There was an
iron brace missing from cot in cell 8. With
deputy Jackson I fitted the one iron weapon
to the cot and it fit perfectly. :
Nothing new was elicited on cross-
examination.
F. E. Nagioey called. Aw io the ander-
taking business. I prepared the hody of
Jerry Condo for burial. In addition to the
cuts on the head I found finger marks on
both arms and a mark on the back about
eight inches below the shoulder. The
mark was in the form of aT. The flesh
was bruised and black.
Commonwealth then offered in evidence
the two drafts of the jail and the two iron
bludgeons, after which they rested.
It was just 2:50 o'clock when Henry C.
Quigley opened the case for the defense.
He spoke only twelve minutes and while
he did not make any pretense of denying
the killing or shifting the blame therefore,
he did allege that the prisoners had no in-
tention of killing the tarn-key, but merely
wanted to stun him so that they could take
his keys and make good their ¢scape from
the jail, which was their prime object.
William Dillen was the first witness
called. Am one of the defendants in this
case. Am 22 years old. Was born in
Clearfield county. Parents are both dead.
Never was in a court house before this in
my life. I knew Jerry Condo only after I
was put to jail. Condo was turn-key. He
locked up the prisoners at night, generally
from 8 0 9 o’clock. I escaped from jail on
“the night of July 29th.
nnn"
We got out of our
cell by sawing the rivet of the hinge on the
‘inner door wich the knives they gave us to
eat with at meal time. Sawed the hinge
when we were first put in. Edward Me-
Callough gave us the one piece of iron we.
used to break the hinge on the door. We
got out about 8:15 o'clock and hid in the
bathroom. It was our intention to simply
knock Jerry out and put him in a cell and
make our escape. Saw McCallongh and
Condo come in. Followed them and when
on the stairs I struck Condo on the back of
the head with my fist ; had the iron in my
left hand. Condo turned around and I
jumped: down the stairs and went to the
bathroom for my shoes. The next thing I
saw was Green catching hold of Jerry’s
coat and hitting him over the head with
the iron in the stocking, at the same time
telling him to keep quiet and he wouldn’t
hurt him. Had no intention of killing
Condo. Had no ill-will or spite against
him, my only intention heing to escape
fiom jail. I did not hit Condo with the
iron in the stocking. The stocking was
put on the iron to keep it from hurting
Condo.
Cross-examination hy Orvis. Was born
in 1885. I gave my age as 22 ‘because so
many people asked me how old I was.
WILLIAM DILLEN.
There were times when we said we might
have more to eat. I never swore at Jerry
or called him a s— —— ——, We broke
the iron from Green’s hed only the day be-
fore we escaped. I helped break it off. We
wanted the irons to break out with. I
helped Green ous of our cell first then he
helped me out. 1 had the big piece of iron
aod Green the little. Were in the bath-
room about a balf an hour. Saw McCal-
lough and Condo come in. When the lat-
ter was near the stairs I went after him. I
went out of the bathroom first and over-
took him about half-way up the stairs. I
was in my stocking feet. I hit Condo
with my fist. I only hit him once, then
drcpped the iron and never picked it up
again. I saw Green hit Condo twice.
Kuew Green intended hitting Condo, and
made no effort to prevent him, When I
was in the bathroom putting on my shoes
heard no scuffle, only Green tell Condo not
to cry out and he wouldn't hurt him.
When I got my shoes on I went out, as the
big door was open. Don’t know who open-
ed it, but I didn’t. Don’t know how there
came to be so muny wounds on Condo's
head. "We had made out to go out that
night. Sent note to Henderson and Con-
stancz. (As this point Mr. Orvis handed
the witness a paper and asked him if that
was the note, and witness denied that it
was.)
Ira Green called. Am 22 years old.
Bora in Elk county but have lived in Cen-
tre county the past 14 years. Farmed some
time and worked in the paper mill at Ty-
rope. Was in the county jail and escaped
July 29th. Sawed the holt with a case-
knife, broke the hinge with the iron har
then pulléd the door back and went out.
I took the piece of iron in the stocking
with me from our cell down to the bath-
room in my hip pocket. Condo and Me-
Cullough came in in abont a half hour.
Dillen followed and struck him on the
head with bis fist. He then dropped the
iron and went back to the bath room. I
bit Condo several times with the iron in
stocking. Had no intention of killing
him ; only wanted tostun him fora few
moments until we conid get outside. Had
no feeling of ill-will ‘against Condo, and
never said I would do him.?’ Have been
in jail before, once when I was blamed for
stealing whiskey. Did not know Condo
was dead until we were captnred and
taken to the jail at Lock Haven.
Cross examanation by Orvis. Was put
to jail June 22, and in the steel cell about
a week later. We weren’t in the steel cell
very long until we planned to get out.
We sawed the hinge off a little at a time
with a case knife made into a saw. Me-
Cullough gave us the hig iron and the
small piece we broke off of our bed Friday
forenoon of the day we escaped. Pat it in
a stocking and carried it ip my hip pocket.
Went into the bathroom and staid a half-
hour. Dillen came out first and hit Condo
with bis fist. I hit him several times with
the iron in the stocking. Then
took him and put him down on the floor.
Livingstone took the keys and unlocked
the doors. I never made any threat
against Coudo, neither did I hear Dillen
make any. No one struck Condo after he
was down the stairs. }
Scott Morris called. Live at Lajose,
Clearfield county. Am alumberman and
school teacher. Known William Dillen
the past fifteen years. He has always been
a peaceful, law-abiding citizen.
Cross-examination. Dillen worked for
me last winter and thisepring. Have seen
Dillon once or twice a year the past eight
years. ¢ :
W. C. Moss called. Live at Lajose,
Clearfield county. Have always known
him as a law-abiding citizen.
- Cross-examination. ‘‘What relation are
you to Dillen ?’’ ‘‘Brother-in-law.’’
S. M. Rice called. Live in Altoona.
Knew Dillen there. Never heard any-
thing against him as a peaceful, law-abid-
ing citizen,
At 4:48 o'clock the evidence in the case
closed and court adjourned till Saturday
morning at 8:30.
SATURDAY MORNING SESSION.
Court convened Saturday morning at
8:30 o'clock. The prisoners were brought
in by sheriff Taylor and deputies Jackson
and Everhart and both showed very plain-
ly evidence of the terrible strain under
which they were undoubtedly laboring.
Counsel for the defense submitted eight
points of law for the direction of the
court in its charge to the jury, and they
were all submitted and accepted without
argument. It was agreed between court
and counsel that the argument should be
I
limited to as near two hours on a side as
possible. Counsel submitted that they
bad arranged that E. R. Chambers should
make the opening plea to the jury for the
Commonwealth, to be followed by Clement
Dale and (ex-judge) Fast respectively, for
the defense, District Attorney Spangler to
make the ¢ sing address on the part of the
Commonwealth. a
It was jass 8:52 o'clock when Mr.
Chambers began his plea. Mr. Chambers
talked but forty minutes, giving to the
jury a very vivid description of the way he
pictured the erime as having been com-
mitted. Twice he was called to a standstill
by the opposing counsel, and each time
was admonished by the court. a
The arguments in defense of the prison-
ers were made by Clement Dale and ex-
judge A. O. Farst. Mr. Dale confined
himself almost exclusively to defining the
law of murder and reviewing the evidence
in the case. Judge Furst, while giving
the evidence some consideration in his
plea, induiged more in the sentimental.
He also was most explicit in his disserta-
tions on the law, and especially that por-
tion of it which specifies the ‘‘lying in
wait’ to commit murder. Judge Furst
closed his address at noon Saturday and
when court convened in the afternoon Dis-
trict Attorney N. B. Spangler made the
closing address for the Commonwealth.
Mr. Spangler spoke in acalm and im-
passioned manner,contining himself entire-
ly to a comprehensive review of the evi-
dence and a declaration of the law govern-
ing this particular case. He closed at 2:18
and the Court at once began the delivery
of his charge which lasted uutil 2:45, when
the jury was sent oat for deliberation of
the oase.
SUBSTANCE OF THELCOURT’S CHARGE TO
THE JURY.
GENTLEMEN OF THE JURY :
The prisoners at the bar, William Dillen and
Ira Green, stand charged in t is indictment with
the crime of murder.
This is probably the most serious offense
known to the law of the Commonwealth, and one
which imposes upon both the Court and Jury a
grave responsibility.
The law is ever regardful of human life, and
when defendants are undergoing a trial involving
their life, it becomes the Court and the Jury to
divest themselves of every possinle influence
other than that which arises from the evidence
in the cause and to be controlled by it and by the
law of the land.
WIM gr tabi Ot ie ded lggte ge Sige Ting
We do not deem it necesarry, Gentlemen of the
Jury, to define the crimes of manslaughter to
greater extent in this case, inasmuch as the
prisoners at the bar, by their counsel, have ad-
mitted and the counselso stated to you in their
argument, that the only question here is as to
the degree of the crime of murder under the evi-
dence adduced in this case, and thatthe Com-
monwealth bas made out a case of murder in the
second degree.
py Bio Boocidii mak
The facts in this case, so far as the establish-
ment of the commission of the crime is concern-
ed and the cirenmstances surrounding it, are
comparatively simple. There is comparatively
little dispute as to the testimony adduced.
Jerry Condo, on the night of the 29th of last
July was assaulted.by these twe defendants, the
result.of which was death within the space of a
little over one day. It is not denied that these
defendants inflicted the wounds that resulted in
Mr, Condo’s death. It is not denied that they
used the character of instruments that have been
produced here in Court in inflicting the injuries
from which Mr. Condo died.
These two defendants were incarcerated in the
jail of Centre county, charged with certain
crimes. They arranged to plan their escape and
on the evening of the 29th of last July they got
out of their steel cell, as has been detailed here
by the witnesses on the part of the Common-
wealth and by themselves, and went Cown stairs,
taking with them the two irons which have been
offered here in evidence. Upon reaching the
lower floor or corridor they placed themselves in
the bathroom, which is atthe right side of the
hall or corridor as you enter the cell department
of the jail, "They testified that they were there
from perhaps a half to three quarters of an hour,
which wotild seem to indicate that they were
waiting for the deceased who was the turn-key
of the jail, to enter and with a view of assaulting
him and wresting or taking from him the keys of
the jail whereby they might be enabled to make
good their escape. J
Now, Gentlemen of the Jury, the main guestion
that will arise for your consideration nnder this
evidence will be as to the intent of these defen-
dants. That you are to determine. Their intent
i= a matter entirely for the consideration and
determination of the jury, and the intent of a
person committing a crime of the nature of the
ore here on trial may be inferred and deter
mined from the ¢haracter of the assault, from the
kind of weapon used and whether the instru-
ment, in inflicting the wounds, was directed
against a vital part of the body with intent so to
use it and with such force and frequency as like-
ly to result in death. If so, then the law pre-
sumes that the person intended the natural and
probalile consequences resulting from his acts,
One clause of the Penal Code of 1860 refers to
murder being committed by lying in wait, and
. bat any unlawful killing under such circum-
stances shall be considered murder of the first
degree. What we understand that to mean is
this: if a man lies in wait for another, armed
with a dangerous instrument, and assaults and
takes his life, and the killing is done in such
manner as to evidence an intent to ‘take life ;
that is, if the person lying in wait were to shoot
anotlier in a vital part of the body with arevolver,
or strilke him. with an axe, or with some other
instrument, and such shooting or striking was
likely to produée death, and the killing is con-
summated under such circumstances, then, it
would come under that provision ‘of the Act of
Assembly and would constitute the erime of mur-
der of the first degree.
If, however, a man lying in wait were to aseanit
another for some other purpose than vo kill him,
or if some controversy should arise which might
lead toa heated discussion and a contest which
might result in blows, subsequently resulting in
the death of the party assaulted, then the ques-
tion would arise as to whether it was done with
malice aforethought or done deliberately.
The reason why lying in wait is pat in the class
of murders of the first degree is that a man who
lies in wait for the perpetration of that erime is
prepared for it, and that it is thus done wilfully,
Rotates and premeditatedly. :
So that if you were to find under this evidence,
and it satisfies you beyond a reasonable doubt,
that these defendants were armed, that they as--
saunlted Mr. Condo with instruments which were
of a dangerous character, on a vital part of his
body, and thus killed him, and you are satisfied
from the character of the weapons used and the
nature of the wounds inflicted were likely to
cause death and that such was their intent, then
wd say to you that you would be ‘warranted in
finding a verdict of murder in the first degree.
If vou are not so satisfied beyond a reasonable
doubt, then the question, under the other clause
of the Act referred to, whether it. was wilful, de-
liberate and premeditated and done with malice
aforethought, . Eph Gua
No particular length of time is required to
form the design to kill previous to the eommis-
sion of the act. A man may in a few moments of
time frame such a purpese. Neither the jury nor
the court can determine the operation ot a man's
mind or the impulse which leads him to the com-
mission of the crime of murder. That which is
to control the Jury in their verdict is to deter-
‘mine the intent. This is to be determined from
the facts and circumstances detailed in evidence,
the nature and character of the weapons use
and the manner in which they were used, and
the circumstances surrounding the killing may
be taken into consideration in determining the
intent. The law indicates the character of evi-
dence which will warrant the jury in inferring
the intent to kill. If, as I have stated, a deadly
weapon is used and aimed at some vital part of
the body, so that the logical and provable result
of the stroke or shot would be the death of the
person at whom it was aimed, then the law pre-
sumes that the person inflicting such an injury
in such a manner intends to produce that result.
Now, Gentlemen of the Jury, these two defen-
dants were pisouing to escape from the count
jail, and while they were not planning to commit
a crime of the nature of any of those recited in
the Act of Assembly, the taking of life in the per-
petration of which renders the person guilty of
murder in the first degree, yet they were engag-
ed in an unlawful purpose, that of escaping from
the county jail, which is a erime. and if you find
from the evidence that the purpose of these de-
fendants was to escape and overcome all obstacles
and resist all force which might be opposed to
them in so doing, and that the main obstacle in
SATSing ott their purpose was the presence of
the turnkey, then you will determine what their
purpose was, and if their purpose was to over-
come all obstacles, as I have stated, even to the
killing of the turnkey, in order to effect their un-
lawful purpose of escape, then it would be such
murder as would come under the Act of Assem-
bly and be wilful and deliberate.
ou will determine then, under the rules we
have laid down, what was the charseler of this
killing. You have the testimony of Edward Mec-
Cullough, the first witness called on behalf of the
Commonwealth, and who stated to you that Mr.
Dillen struck the first blow, using the larger iron
bso sm
which Ras been Jntroduced junto evidense in his
case. You have also the testimony of Mr. Nagi-
ney as to the marks he discovered on the back of
Jerry Condo’s body, just below the left shoulder
blade. You have ‘also the testimony of the de-
fendants, and they corroborate Mr. McCullough
go far as the defendants being in the bath room
is concerned, «iso in reference to their coming u
the stairs and as to the character of the anh
made about the time when Mr. Condo was part]
up the steps. Mr. Dillen testified that he did fol-
low him out, that he had the heavier of these
irons in his left hand and that he struck Mr. Con-
do on the back of the head with his fist. Green
testifies that he struck him with the other iron
some six or seven times over the head.
You are to determine whether, from the man-
ner of their concealment, the fact of Dillen tak-
ing off his shoes and coming up and assaulting
the deceased when his back was turned to them,
this assault was wilful, deliberate and premedi*
tated. Whether or not the instruments used
were such as, if aimed at a vital part of the body,
were calculated to produce death and a blow in-
flicted by them would probably be fatal.
Then, if you are so satisfied beyond a reason-
able doubt, the presumption under the law
would be that they intended the consequence of
their own act and would constitute it murder in
the first degree. If you are not so satisfied, but
are of the opinion that what was done there was
not with the intention of inflicting serious injury.
if you doubt their intention was to kill under all
the evidence, then that doubt would lower the
degree of crime from that of murder of the first
to that of murder of the second degree. You are
to coneider all the evidence and to consider it
fairly and impartially without regard to any other
influences. .
The court here read the eight points of law
submitted by the counsel for the defense for the
istration of the jury, all of which were confirm-
ed.
ow, Gentlemen of the Jury, take this case
and render a true and just verdict under the law
and the evidence. As'we said before, the ques-
tion of intent is based under the law and the evi-
dence on the character of the killing, the use of
the instruments, declarations that may have been
made and in juries inflicted upon a tal part of
the body, so that if a person thus using a deadly
weapon knows that the result of the infliction of
such injuries as may be made is likely to produce
death, then the law presumes he intended. to kill,
or intended the consequences of his own act.
Take all this evidence and consider it caretul-
ly. If you are satisfied beyond a reasonable
doubt that these defendants knew that the in-
struments used by them were such as were cal-
culated to inflict wounds, the probable result of
which would be death, that they did inflict
such injuries and that the death of Mr, Condo
did result therefrom, making the assault in the
manner they did, and you are satisfied beyond a
reasonable donbt that they intended to kill, then
it would be your duty to render a verdict of mur-
der in the first degree. If you are not so satisfi-
ed beyond a reasonable doubt, and conclude that
the defendants did not intend to kill then your
verdiet would be murder in the second degree,
The case is now in your hands. Go over all the
evidence carefully and apply the law as we have
explained it to you. We have not introduced
anything of a collateral nature, but only what we
deemed material and vital in the case, 80 that it
has narrowed down to a comparatively few facts
and the rules of law we have given you to guide
you in your consideration of the case in arriving
at a correct conclusion under the law and the
evidence.
Fe —
“PRAISE NOT THE DAY TILL IT IS
OVER.”
Thou shalt not praise the day till night is fall-
ing,
However fair its dawn and noon may be ;
Oft-titnes at eventide come storms appalling,
Setting the lightning and the thunder free,
: Thou shalt not blame the day tifl it is ending,
Though it has brought thee flood and hurri-
cane ;
Full oft at nightfall comes deep peace, de-
scending
In sunset gold and roses, glorious gain,
Praise each fair morn that calls thee up from
sleeping,
And through the hot day work with all thy
might ;
Then leave the evening hour in Heaven's keep-
ing,
Which sent both winter cloud and summer
light.
— Westminster Gazette.
Unconscious Kindness!
A young woman who had passed through
deep sorrows said to a friend, in speaking
of the comfort certain persons had given
her unconsciously : ‘I wish some people
knew just bow much their faces can com-
fort one! I often ide down inthe same
street-car with your father, and it has been
such a help to me to sit nexs to him. There
is something so good and strong and kind
about him, it has been a comfort just to
feel he was beside me.
Sometimes, when I have been utterly
depressed and discouraged, he has seemed
somehow to know just the right word to
say to me ; but, if he didn’t talk, why, I
just looked at his face, and that helped
me. He probably has not the least idea
of it, for I know him so slightly, and I
don’t suppose people half realize, anyway,
how much they are helping or hindering
others!" There is a great deal of this un-
conscious kindness in the world. Moses
wist not that his face shone. The best
people are not aware of their goodbess.
‘According to the old legend, it was only
when it fell behind him, where he could
not see it, that the saintly man’s shadow
healed the sick. This is a parable. Good-
ness that is aware of itself has Jost much of
its charm. Kindpesses that are done un-
consciously mean the most.—Selectid.
Treated Only Now and Then.
The Baron de St. Mare was one of the
distinguished patrons of the Atlantic City
Horse Show. On a certain afternoon there,
apropos of charity, he said :
“In London I was walking down New
Bond street when a beggar approached me,
led by a dog on a string.
‘My dear fellow,’” Isaid, as I fished a
threepenny bit from ‘my pocket, ‘you are
blind, aren’t you ?’
“Yes, your honor,”” he answered sadly.
‘‘Have you ever been treated ?"’ I went
on.
‘Only now and then, sir,’ said the beg-
gar. ‘Folks are mostly too proud to be
seent goin’ into taverns with the likes o’
me,’ !!
Lived Six Score and Tem Years.
Mrs. Rachael Johnson, the oldest person
on this peninsula, died Saturday of last
week, at her home near Obpancock. The
woman, whe was a negress of ebony black-
ness, claimed that she was 130 years old,
and all the evidence seems to support her
assertion. She was the mother of 17 chil-
dren, and the youngest of them, who is
still living, is 87 years old.
Mis. Johnson declared that her mother
was captured in Africa and brought to
America before the Revolution. Until a
few years ago she could do fine neédie work
and never wore glasses. She detested to-
bacco, liquor and snuff.
Died Before Flancee’s Arrival.
A bright romance was blighted by death
when Miss Harriet Irvin, of Highland,
Adame county, about to board a train to
visit her dying finance, was notified of his
demise. She was engaged to marry a
teacher at Westover, Clearfield counaty,
and had ber tronssean ready, when he sud-
denly became ill and died before she could
reach him. :
4
, —Tom—"'So Miss Turner refused you,
eh ? Did she give you any reason for do-
ing 80?"’--Jack **Yes, indeed ; two of them.”
Tom-—**What were they?’ Jack—‘My-
selt and another fellow.’’ :