8 THE COLUMBIAN, BLOOMSBURG, PA. THE COLUMBIAN. BLOOMSBURG, PA. TUU..I.V, SEPTEMBER 17, 1903. Guilty of Murder In Second Degree Continued from 1st page Sunday evening, March 29. Mr. Snyder gave it to me and I gave it to McAndrews." On being shown the iron brake with which McAndrews was hit, the witness at once identified it as the one that had been picked up near where McAndrews was found. "I saw the iron the day following the crime, it had blood on it." Daniel Roach. " 'Am engaged at hotel business at Aristes, remember seeing McAndrews in the hotel on March 30, it was 'probably about ten o'clock, but I will not be certain about the time. He may have been there twenty minutes. He bought and drank thiee glasses of porter, paid for it with a quarter. He went from my place to Honabach's saloon. When he left Honabach's McAndrews went in the direction of Centralia, Amandus Levan left the saloon a little ahead of him, he went by the blacksmith shop in an easterly direction toward Cen tralia." Cross examination. "McAndrews had been drinking in my place and was intoxicated. I refused to sell him any more drii k. When he emerged from Honabach's saloon he staggered. Edward Honabach "I tend bar lor my son in his saloon at Arestes, 1 can recall the presence of James McAndrews in the saloon on morning tf March 30. It was as near as I can tell, between nine and ten o'clock. He took several drinks. My brother and Amandus Levan were there at the same time, and McAndrews treat ed them. He paid tor the drinks, the first time with a dollar and the o'.hcr tone with a fifty cent piece. He took out his money in full view of us all. He had a $20 gold certificate and some other money. Levan stood about seven feet from him and could easily have seen the money. Mc Andrews left probably about ten o'clock, Levan left the saloon first, ten minutes or so ahead of McAn drews. When Levan left he said he was .oing home to get some sleep as he had to work that night. William Honabach. The testi mony of this witness was corrobor ative of that of Edward Honabach. John Knittle. "Live at Aristes. On morning of March 30 was along the railroad east of Montana, met Le van coming in from the direction of Centralia. I and some others had been shooting mark, Levan called to us. It was a little before eleven o'clock. We met Mrs. Minier on the road, she told us that a man had been hurt along the road." Cross examination, "Before Levan called to us, I don't know from what direction he was coming. He wanted to shoot mark but had no more am munition. I didn't see him till he called, then he was standing on the railroad." Knittle was an important witness for the commonwealth, at the hearing before the committing magistrate. But now he was regarded as a hostile witness, because his evidence was of such great variance from that given by him before the magistrate. For this reason District Attorney Duy sought to have admitted his testimony at the former hearing, to show the dis parity in it and for the purpose of re freshing the witness' memory. To this point counsel for defendant objected. Considerable judicial au thority bearing on the point at issue vas presented, after which the Court ruled to admit the testimony, and an adjournment was taken. "Open Court" said Judge Little, as he took his seat upon the bench Fri day morning. The first to speak was Judge Herring assistant counsel for the Commonwealth. "I want to take occasion at this f'me," said he, "to make a statement,1' and then con tinuing he said in tones most vigo fous. "Since the arrest of this de fendant Levan there has arisen in and about Aristes a strong feeling against the prosecution and in favor of the defendant. There is being made, and this fact must be apparent to your Honor, an effort to shield him. -The prosecution has met with a surprise in this case. Evidence that we con sidered reliable has been changed since the hearing btfore the commit. ting magistrate." After describing the disposition on the part of some ot the witnesses to evade the questions he concluded by saying, "We must have the moral support of the cou-t, if we are to get at the bottom of this crirne." Frank Fitzer "Live at Aristes. Was out shooting mark between Cen tralia and Aristes oa morning ol March 30th. Saw Levan 011 Rail road. It was twenty minutes of twelve 1. t l.J L 1 wnen 1 reacneu nome, ana it was just before that time that I saw Levan oanriot slate in what direction he came f:om. D dn't see him till he "hollered." lie was standing with lis Dack toward Centralia. John Startzel " I was with Knittle and Fitzer on the morning of March 30, shooting mark. Don't know what time it was. Saw Levan. lie was standing on railroad. He called to us. Duin t sec him before that. J. C. McKeivy " I am the detec tive employed in this case. I arrested Amandus Levan at Bloomsburg. Don't remember the day, He and I came to Bloomsburg from Aristes. After making the arrest, I took from him a revolver." The witness was shown a revolver and identified it as the one he had taken from Levan. "The revolver was loaded, there was a bullet in each chamber." Harry Buck. " I am engaged in hardware business at Ashland." The witness then testified to having sold a revolver to Amandus Levan on March 31st. He had kept a record of the sale, which contained the number of the revolver, the price of it and the name of the purchaser. The witness further described the transaction as follows; Levan came into my store. He wanted to buy a revolver. I showed him a line ranging in price from $3 to $5. He said he wanted something better. He finally selected one for $ti.oo and tendered in payment for it, a twenty dollar gold certificate. I can recall the sale, because Levan when he first came in the store complained of being hard up, and then flashing a twenty dollar bill at me in payment for the re volver, it seemed rather strange to me." The sale slip, and the cash book, together with the record of the sale, was oflerred in evidence. Edward Lavelle. "Live at Cen tralia. Was on road between Centra lia and Montandon on Tuesday, March 31, visited point where Mc Andrews was found, and picked up a piece of iron. Patrick McGinley was with me." Witness shown the iron and identified it. "The iron was blood smeared and had human hair on it. I gave it to McGinley. He dropped it in the road.'' Thomas Quigley "Live at Cen tralia. Visited the scene of McAn crews murder the day afier the crime was committed. Picked up a piece of iron near where he was found. It was covered with blood and human hair. I took it home and the next 'ay gave it to Dr. Biddle of the Fountain Springs Hospital Clarence Burke "Am a resident of Centralia. Was with Thomas Quigley on March 31st." The re mainder of the testimony corroborated that of Quigley. William Krick. "Live at Aristes. Saw James McAndrews on morning of March 30. It was about twenty minutes aftes nine. He asked me to have a drink but I declined. I didn't see him after that. I went down to Treseller's bottling works, and was there when Amandus. Levan came in. By my watch it was quarter of twelve. Levan appeared to be somewhat ex cited, lie looked around and told the proprietor to give the boys some thing to drink. I took a bottle of porter. When Levan went out he went in the direction of Monroe Rape's. A little later Lewis Kosten- border came in and recounted the finding of McAndrews along the road." The witness was backward in giving his evidence and the District Attorney met with no little difficulty in extract ing the story from him. At the close of this testimony counsel for the Commonwealth conferred for a few minutes when Mr. Duy announced that they rested. FOR THE DEFENSE. William H. Rhawn made the open ing address to the jury for the defense, He explained the theory of the Com. monwtalth, and stated that they would produce testimony to show its falsity. "The Commonwealth," he said, "have presented a very nice theory, but have produced no evidence in support of it. We will put upon thit witness stand not one, two or three witnesses but a half dozen or more to show that the Commonwealth has no more ground tor accusing Levan of the crime than it would have to accuse any of the others that were in the hotel with McAndrews. The STORY OFCAL-CURA. Discovered by Dr. David KennedyOnly Kidney nemeay bold under guarantee. Dr. Puvid Kcnnpdy wj born in New York Cifv. but at an purlv nrra liix familv moved toltoxbury, N.Y. Ho was gnuliuited in 1860 from the Xew York Collude of I'hysiciiuiB and. Surgeons. IIo at once volunteered pa H surgeon und Wiis UMtlimed to the United States Army General Hospital inWcHtPb.il nU)lhia, and soon became 1'renident of the i-xuiulniUR Hoard und Consulting burgeon. After the war, Dr. Kennedy settled iu lton tlont, City of Kingston, N. Y., where for a number of years lie enjoyed a large pmc tiee ax an operative Burgeon. He was one of the Presidential Electors of New York State, JIuyor of Kingston for four years, and held many other professional, buaiuew aiid political offices. The latent achievement of his life was the discovery of Cul-cura Solvent, a positive cure for all diseases of the kiilnevsaud blad der. In speaking of this remarkable remedy, he said: "Cul-ciirn Solvent is the crowning achievement of my life. It will not di. appoint." Your drugjrM return your money if Cul-cura fails to cure, and The Cul-cura Company, of Hondout, N. Y., will pay the druggist. Cal-cura Solvent cures 9U of all ease of Kidney, Bludder and Liver dis. orders. 91.00 bottle. Only one size. 1 Liver Pills That's what you need: some thing to cure your bilious ness. You need Aycr's Pills. Want your moustache or beard a beautiful brown or rich black? Use Buckingham's Dye 50ei ! drufltierR t Hll fcCo., Nwhut.N.H mere fact that he was there drinking does not say that he is the perpretra tor of this ciiine. We will show to you how the iron bar with which Mc Andrews is supposed to have been struck reached the scene. We will show that it was picked up near the Centralia water works by a little boy and carried to the scene of the crime. We will show that two or three days previous to the commission of the crime Levan borrowed from a friend $25, among which was a $20 gold certificate. We will also sho and bv evidence that cannot be disputed that McAndrews was found lying in a mass ot Stones, some of which and one in particular and against which his head rested, was a jagged stone. We,, will show to you how easily his death could have been accidental. And further than this we will prove to you that before his death Tames McAndrews on being asked "Who struck you? ' answered "No one," and that when asked, "Were you struck down or hit?" he answered, "No I was not struck down at all." In con cluding, Mr. Rhawn stated, "Every point will be freely answered." The first witness for the defense was Franklin Kostenborder, a black smith at Aristes. He was shown the iron but could not recognize it. To the best of his knowledge it had never been at his shop. A short time before March 30th he had sold off all the iron about the place, and said that if the iron had been there he certainly would have seen it. Judge Herring conducted a care ful and searching cross examination and succeeding in getting from the witness the admission that there was considerable scrap iron about the shop, and that he had made no in ventory. The iron could possibly have been there without his seeing it. His evidence was considerably shaken. He had known Levan since boyhood, they were school boys together, and warm personal fnend3. The next witness was Edward Hoffman. He testified to having been going from Aristes to Centralia, when he met some boys. One of them was carrying a piece of iron which he said he had picked up near a spring, some little distance from the road. The boy handed it to him at the same time remarking that there was blood upon it. They had reached the point in the road where the blood was found, when his attention was attract ed by something else and the iron dropped from his hand. Whether or not the iron fell in the blood he couldn't say, but if it didn't it was close to it. There was no blood upon it, he said when the boy handed it to him. The boy was of a weak mind and made the remark because he didn't know any better. Judge Herring conducted the cross-examination, which was most rigid. " Who were the boys " demand ed Mr. Herring?" They were John Knittle, Ralph Fetterman, Ad. Levan and another boy whose name I can't recall just now." "What are their ages?" "Knittle is about 17, Fetter man is about 16, and Levan is about 14." " How far away from the boys were you when the iron was picked up?" " I don't know exactly, about 200 yards I suppose." "This was at what time?" "Between four and five o'clock in the afternoon." What boy picked up the iron ?" " Young Lester Kostenbauder." " You didn't mention his name before, did you ? " No sit, I forgot about him." What were the boys doing when you first saw them?" "They were playing dice; when they stopped playing I saw the boy pick up the iron. He walked along swinging it until he came up and gave it to me." " You say the boy is of a weak mind ? " " Yes Sir. xaipn fetterman ot Aristes, one of the boys who found the iron testi fied to having met Hoffman on the road. They had been at Ashland witnessing a parade and had stopped there on their way home. He recog nized the piece of iron as the one young Kostenbauder had picked up. Kostenbauder, he said carried it to the place where McAndrews was found, when he spoke of the rust resembling blood. He handed it to Hoffman, who examined it, and said it was not blood. Then we all look ed at it and handed it back to Hoff man, who dropped it in the road. Marshall Feterman another of the boys corroborated the testimony given by Fetterman. Dr. J. W. (Jwinner was called and sworn next. The doctor was one of the witnesses at the hearing when Levan was arrested. He said he was familiar with the place where McAn drews was found. He was on the road rhe morning of the crime. He testified to having seen McAndrews. That he picked him up placed him in his wagon and took him home. He looked about for a weapon with which the blow might have been struck, but found nothing but a fresh cut sapling, but there was no blood on it. Two days later he visited the scene, when he saw a piece of iron lying near the spot of bbod in the road. The spot where McAndrews was found, he said, was stony. David C. Black, a merchant of Cen tralia testified that he went to the scene of the crime before noon on March 30, and made a thorough ex amination. There was a sharp stone near McAndrew's head that had an it some blood and skin. "A fresh cut club," said the witness, "was the only weapon I could find. I did not ex amine the wound on McAndrew's head. I spoke to him and he mut tered something in answer but I could not understand what he said. He opened his eyes and extended his hand to me". Dr. Davis, of Centrali.i was the star witness for the defense. He attended McAndrews before he was removed to the hospital, and held a brief con versation with him. He was interro gated by Mr. Rhawn, as to whether or not he had asked McAndrews if any one had hit him, and was about to answer when Judge Herring object ed. "I object to the question," said Mr. Herring, " until I have had an opportunity to question the witness as to who was present at the time. We are entitled to know who was present if anybody, when the conversation took place." The objection precipitated quite a legal tilt, after which the offer was allowed by the Court subject to cross examination by Commonwealth's counsel. Judge Herring then proceeded with the cross examination, "In what condi tion physically did you find Mc Andrews?" "He was lying on a couch." "No I mean what was his physical con dition." "I don't understand the ques tion." "What, a physician, and don't know what the word physical means?'" "Well his physical condition in regard to what, his hands, his feet, his body or what? I lis feet were all right." The witness turning to the Court, stated the question was too ambig uous, and that if counsel would put it in some specific form he would answer it. "Will you answer my question?" demanded Mr. Herring. After some hesitation the witness answered, "He was in a sleepy condition." "How big was the wound?" "It was about the size of the end of this," holding up a lead pencil. "Was there any blood "Did flowing from it?" "No sir." you diagnose his case?" "No sir. "What did you prescribe for him?" "I did not prescribe for him, he was not suffering. "Was he drunk?" "I don't know whether he was drunk or asleep. In answer to a question as to whether or not there was any one in the room when he held the conversation with McAn drews, he said, "I don't know, there were several people around there. I asked him a question and he answered antl l tollowed it up with anotner question and he answered it.' "Was he in full possession of his mental faculties at the time you talked with him? "I dont know. He was sen sible to touch and pain. I pricked his leg and arm with a pin. The re sponse to the first prick was prompt but to the second not so much so." 'But would you swear that he pos sessed all his mental faculties?" "No would not testify positively to that effect." "Then," said Judge Herring facing the Court, "I object to the admission of this conversation between Dr. Davis and McAndrews on the ground of invalidity." A heated discussion followed. Counsel for the defence were arxious to have this evidence admitted as it had a heavy bearing and involved their strongest point. "we ruled on this point yesterday sud Judge Little. The testimony will be admitted. It is for the jury to determine as to whether or not it is reliable." "Will your honor please," said Mr. Hernnz, "note us an ex ception?" At once Mr. Ikeler and Mr. Rhawn were on their feet and objecting most stieruously, claiming that the Commonwealth had no right to it. "The exception is noted and the bill sealed for the Commonwealth. If the Commonwealth has no right to the bill the action will not injure the defendant's case," returned the Court. "You may just state what conver sation you had with McAndrews," said Mr. Rhawn to the witness. "Well I had to slap him on the face lo arouse him. Then I asked him if he had been hit and he answered, 'No.' I then asked him who hit him and he answered, 'Nobody.' " Another very important -point and one on which a great portion of the weight of the defendant's case rested was that of the money. "Where did Levan get the twenty dollar gold cer tificate?" was a question of deep sig nificance to the defense and one that if incapably met meant the loss of the case. This fact was realized by de fendant's counsel and to answer it they put upon the stand Peter Alia bach of Aristes, who testified that oa XKX0XX0O0 You Are Invited Our Fall Display of the most fashionable goods takes place on Tuesday September An Orchestra will furnish to 5.30 and from 7 to 9 p on Tuesday, Sept. 22nd. Saturday afternoon preceding the crime, he had loaned to his friend Levan, the sum of twenty-five dollars, the money being in the denominations of a twenty dollar gold certificate and five dollar bill. He had earned the money while working in the capacity of hoisting engineer for" the Lehigh Valley Coal Company. He was on the road home from work, having been paid that afternoon, when he met Levan and gave it to him. He had frequently loaned money to Levan before. He had made a note of the loan in a little book which he had with him. The book wal frund to contain but the one entry, this the witness said was because the other amounts loaned Levan were so small that he didn't consider entiies neces sary. His salary amounted to $31.01 and he had been paying his mother $25 a month board. The Common wealth in cross examination en deavored to break down the story. and though the witness remained firm in his testimony regarding the loan, he didn't know at what rate he was being paid, wheaiher by the day or by the hour. He was badly rattled, and would frequently thrust his hand in his coat pocket for the memoran dum book when it laid on the stand in front of him. Allabach's evidence concluded the testimony lor the defense and the re mainder of Friday afternoon's session was occupied by counsel in argument to the Court. Judge Herring and Mr. Ikeler could not agree. The former contended that it was the duty of the court to instruct the jury whose province it is to fix the degree. Much authority was given. The variance of opinion was finally reconciled and court adjourned. ARGUMENT TO THE JURY. Argument to the jury for the de fense was made by Hon. Fred Ikeler Saturday morning. His plea for the man Levan whose life or liberty was in the hands of the jury was one of the most eloquent ever heard in the court room. With that pleasing voice and facile delivery for which he has long been noted, he struck telhns blows at the theory of the Common wealth. He took up all the evidence piece by piece. "The Common wealth," he said, "presents nothing but theory in the case. There are no facts. Theory on the pirtofthe Commonwealth's attorneys and iniagv nation on the part of its witnesses. Continuing he said, "Circumstantial evidence is where one circumstance follows another and the connection is shown. It is like a chain, link upon link, but if one link is broken or miss ing, the entire weight or burden of the rest falls flit." He explained how McAndrews, staggering blindly along the road coald have fallen among the rocks and striking his head upon a jagged stone received the injury which caused his death. He said he could not see how the iron bar could have been used, as it was not there until the boy had car. ried it up from the spnnir. He laid considerable stress on the question of time, ana reterred to the Common wealth's testimony on this point as mere guessing. In closing he said, "If Levan is guilty at all, he is guilty in the first degree. If you think the (X0XX000 Wednesday 22 and 23 music from 2.30 m. evidence shows that he murdered McAndrews, whether for his money or no matter what motive he had, hang him, but if not, and I for the life of me can't see where they have made out any case against him, sit him free. Let there be no compro mise in the matter." He talked for an hour and a half. It was indeed an admirable address, and was given breathless attention by the jury as well as the large audience present. In the closing address for the Com monwealth, District Attorney Duy es tablished a reputation for himself. His clear voice and quiet delivery made doubly attractive his address. He expressed himself in plain letms respecting the evidence given by Dr. Davis. "When he testified that he held a conversation with McAndrews and McAndiews told him that no one hit him I believe he lied." He showed how the iron reached the scene, or at least their theory ot how it reached there. He said Levan in their opinion had reached home, when it occurred to him that he had left the iron lay near his victim, and that on March 31, under the cover of darkness, he stole back to the scene of the crime and hurled the iron down where it was picked up by the boys, and referring to this point Mr. Duy said, "It seems to me that it was the hand of fate that guided that little half minded boy in carrying the weapon back to the scene of the crime." He didn't believe that Aria bach told the truth when he testified that he loaned Levan $25. In con cluding Mr. Duy said this has been no pleasant task for me. It has re quired time and a great deal of labor, but I have done my duty, see that you do yours." Judge Little's charge to the jury was brief, fair and impartial. He ex plained the difference between direct and circumstantial evidence. He in structed them to weigh carefully the evidence. "The case" he said, "is now in your hands. Amandus Levan is here with the presumption ot inno cence; it you find him guilty, you may determine whether he be guilty of murder in the first or in the second decree." The jury retired at three o'clock. At seven o'clock, the Court Housj bull announced that they had reached a verdict. There was a rush for ad mission. Every seat was taken ami the aisles were filled. Levan sat faciiu the court. There ivas nothing to show that he was in any way excited. He heaved an occasional sigh, but other than that he was utterly indiffer ent to what was going on. "Gentle men of the jury," said Judge Little, "have you agreed on a verdict?" Oa receiving a nod of the head from the foreman, clerk C. M. Terwilliger walk, ed over and took the paper and band ed it to the Court. Judge Little re quested that there be no demonstra tion of approval or disapproval, and then the verdict was read, as follows: "We find the defendant, Amandus Lovan, guilty of murder i;i the second degree." Fred Ikeler immsdiately made a formal motion for a new trial, reasons to be filed within four days. Judge Little thanked the jury, dis charged them from any further attend ance at court and the case was over.
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