p THE PITTSBURG , DISPATCH, TUESDAY, OCTOBER 25, 1892. ONE CHANCE FOR LIFE. Judge Ewinjj Gives Child-Murderer Gerade Another Trial. SOME DOUBT AS TO MS SAX1TY. The Court Dislikes to Tass the Death Sen tence on the 2Ian. DISCUSSING HIS MENTAL CONDITION J mire Iwinjj yesterday handed down an opinion granting a new tiial to Frank Gerade, who had been convicte 1 of murder in the first degree for the killing ot his Etep-danghter. Nearly three years ago Gerade killed the child, whom he disliked, by picking her up by the feet and dashing her brains out against a cradle. His counsel made insanity the defense. A jury first passed on the question of his sanity and found him sane. He was then tried and convicted of murder in the first degree. The Supreme Court granted a new trial on the error in the Judge's charge. A Eecond time he was convicted of murder in the first degree before Judge Ewing. Eleven months ago another motion for a new trial was made and argued, and yester day Judge Ewing handed down his decision Krantin; it. lie rendered a lengthy opin ion, reviewing the whole case. He first discussed exceptions filed by counsel as to the, admission of evidence and showed that all evidence favorable to the prisoner had been admitted. He said: l'airness of the Court and Jury. "On a review of the rulings on admission of evidence it will be found that the Court was very liberal in lavor ot defendant. JNext as to the charge of the Court, the charge cannot be read nor still more could it have been heard without seeing that the Court put the defendant's evidence before the jury in the most favorable light, especially so on the ouly point on which there was room lor any real contest. If there was error in the charge it was on that tide, and in not calling attention to circuni ttances in evidence tending to show the prisoner's sanity at the time of the killing. Unless the Court shq,uld directly express to the jury an opinion that the weight of testimony was in favor of the defense that the prisoner was insane at the time of the killing, it is difficult to see how he could have a more favorable trial." Continuing, he commented on the excel lence of the juryand its fairness. He then taid: "The testimony lelt no reasonable doubt that the defendant killed the child the brutal manner of the killing lelt.no room for doubt of it being willful, deliber ate premeditated murder if the defendant was sane." Further, he said: "The ver dict necessarily includes a finding of the canity of the prisoner at the time of the killing. G oracle's 3Iental Ilcalth "Was Poor. "The charge shows the fact that the weight or preponderance of evidence was in favor of the defendant on that point, or at least that his mental condition was such as to prevent deliberation and premeditation and thus reduce the decree. It was a ques tion for the jury shall the finding be set aside?'; Continuing, Jude Ewin reviewed the former proceedings in the cae. and said: "On hearing ot the motion for a new trial, Judge Slagle, who presided at the first trial, Judge JIagee, wlio presided at the second trial, and JudeMcClung, who heard a considerable part of the last trial, all sat with me. On consultation each of them says that he would not grant a r.er trial; but they unite in say ing that in this case where the life of the prisoner is in question the Judge who presided at the trial must take the responsibility of granting or refusing a new trial, and that he should be satisfied ot the legal guilt of the prisoner before pass ing sentence.'' Judge Ewing then referred to the law on insanity which places the burden of proof as to insanity at the time of the killing on the defendant. He aid the case had given him great anxietv, and lie had not only reviewed the -tjstimonv, but had also read several of the most ap proved modern medical treatises on the subject of insanity with special reference to the facts ot this case. " The Tost ot xhorouijh Enough. He added: "The physicians who testified as to the intn iity ot the prisoner cither did not ma'e as through a test as to whether or not i lie prisoner was leigning as they might have Cone, or they did not deem ft i" pnriant to inform the Court and jury thereof. Yet it seems impossible that a man of the prisoner's previous intelligence and occupation should be shamming the sj mptoms of acute or primary dementia, which they say he had, orbe able to deceive so frequently and for so long a period physicians of the experience and skill of Drs. Chessrown, JfcCord, Wylie and Ayres and also the keepers of the prison, accus tomed to seeing the actually insane and those feigning insanity to escape punisu ment for crime" Judge Ewing next reviewed the circum stances testified to is to Gerade's condition before the killing and while in jail since. He said that on the trial the question arose in his mind it before the killing Gerade had been saue, but sick, weak and irritable. That he in that condition, in a passion, killed the child, and then seeing tlie hor ned consequences of his act, had from the sudden shock and reaction became at once demented, i. e, without intellect, or will,or mental power, whatsoever. Eeilci cs the Prisoner 1Vas Insane. ' This impression, the Court said, was greatly strengthened on reading authorities on the subject. He reviewed a number of treatises ou the subject. In conclusion he said his belief was that the preponderance of testimony was that the defendant was in sane. Had he the power he would sentence him to imprisonment for life, but he was not willing, with his opinion as to the facts, to sentence him to death. A concluding sentence said that this opinion was written over nine months ago, and, after a full con sideration, he had been unable to come to a different conclusion. A new trial would therefore be granted. LATE NEWS IN BRIEF. Tho Carrnnux stukers havo decided to continue tho strike. Steerage traffic to Hamburg will bo re sumed on November 1. Reports that tho Tlno Ridge Indians are prcpaiin for an outbreak are denied. Allied Swift, ased 30. attempted suicide liy snooting litmseir In a cliurcliyard at Boidcntown, X.J. The KoJnque brother', who stols the royal yaclit of the King of Tahtto, have been beheaded nt Manilla. Miss 'Villard and'Lady Somorset-wlll he In ntiend.mco at tlio 2,'nttonal W. C. T. U. meeting at Denver tuis week. J-It is iefortea that a bookkeeper of the Deutsche Jiank, at Berlin, has been arrested on tho charge of embezzling $23,000. Tho twenty-flfth annual convention of the Hallway Conductors' Ltfo Insurance As sociation of America will bo called to order In San Antonio to-day. Crampon, tho leador of a murderous gana of burglais that some time ago terror ized Paris, lias Deen sentenced to ucaui, ana other members of the gang have been sen tenced to long term ot inipiisonment. Lord Houghton, Viceroyof Ireland, has refused to receive an address which the Irisli Methodists wished to piesent to him. lie bases bis refusal on the ground that the addiess contains political references. The Parisian Municipal Council has voted a credit of 2.000,000 francs to enable an -advance to ba made In the waqres and status of the city employes, snch as street sweepers, sewer men, etc., wnoso wages are under 5 francs per day. Tho United States steamship Newark has sailed Irom Gibialtarfor Genoa lor tho purpose of allow ins the seamen to testify at tho trial of the restaurant, koeper who on September 9 stabbed and killed Frank Kt-illy, ono or the crew. The Fenians Mullen and Dowlins are about to be ieleael. Mullen wasconvlcted of complicity in the murders of Lord Fred crick Cavendish, chief Secretary for Ire land, and Mr. Burke, Under, Secretarv, In Phcanix Park, Dublin, on May 6, 188i Dow ling was convicted ot the killing of a police man named Cox. NEW ADVERTISEMENTS. f O Woman, Woman, do not wait unti. eternally too late, and Gabriel blows his latest trump, to ask you "Did you See that hump? Tndc-Muk reg. Apr. 19, '91. The De Long Patent Hook and pye. NEW ADVERTISEMENTS. Get rid of one cold before yon contract another on top ot it, or you may securely establish the seeds of a serious lung com plaint before you are conscious of danger. Better prudently resort to Dr. D. Jayne's Expectorant, an effective cure for coughs and colds, and helpful also for its healing influence on the lungs and bronchial tubes. ArfM tni m A,Wl7 rffffJfrr&i-rDP Oculist Presorlptloas Made at Shortest Notice. Eyes Correctly Fitted. "B" TT A "lITilVTTa OPTICIAN, tl . If i iilllUU I. w- , p..,. Artificial eyes inserted. 1 PITTSBUEG OC13-TTSU (jUREC? Rheumatism Gouts Lumbago 4IAST AcnoRA, T. T.. ) October 13, 1892. ( , McKlnnle 4 Chessman tVl'g Co.. Pitts bun:. Fa, Gentlemen: My wife, Mrs. Allan Alldrich, of East Aurora, Erie Co., N. Y' waslaid up with Inflammatory Rheum, tlsm, so badly that she had to be moved only on a sheet. When she began to take Bheumacura she was benefited from the first dose and at the end of the first bottle she was able to sit up In bed and help her self, something she had not been able to do for six weeks before. Now after taking eight bottles she is per fectly well and has not bad any Bbeumatio pains. Both she and myself feel that we can do no more than add our testimonials to the merits of Bhenmacnra and recommend it to any sufferers of Inflammatory Rheumatism. Tours very trulv, ALLAN ALLDBICn. Price $3 00 per bottle. For sale by all drusrirists. MoEINNIE & CHESSMAN M'F'G CO.. 616 Penn Ave., Pittsburg, Pa. Send yonr name and adlressand wo will mail free pamphlet of testimonials. oc24 PURE WHISKY, When rightly used, is a safe stimulant and tonic. Three factors are absolutely essen tial to the production or PURE- WHISKY. Choice grain, pure water andkilled knowl edge. These, and these only, are repre sented in our ' OLD EXPORT WHISKY. , Besides, our Old '.Export Is always old enough to possess a pleasant taste, there by not offending the palate or stomach. Old Export is free from fusel oil, which is poisonous in its nature, and a source of ir ritation to the mucous membrane. In fact, there Is no better Sold in Pittsburg. Sold only by 1 JOS. FLEMING & SON, WHOLESALE AND BETAIL DRUGGISTS. 413 MAKKET ST., COB. DIAMOND. TV1.1L. QUARTS, 81 EACH, OH. 6 FOB, 83. o23-tssu AMUSEMENTS. THE ALVIN THEATER. ? CHABLES L. DAVIS, Owner and Manager. To-ntght, Wednesday and Saturday matl sees, the latest droll conceit by "Sid . - ney Bosenfeld," entitled, IMAfelNATIOlM. NEW ADVEBTISEMENTS. Next week "Blue Jeans," nc2t-4l THE GREATEST OF THE AGE. NO rfavN0 Special lenses giound on the premises. CHESSMAN OPTICAL COMPANY, 42 Federal street, Allegheny, Pa. ARTIFICIAL EYES INSERTED. See Exhibit in Exposition Bulldlmr. sell-TUPSu TAILORING. Correct Fall Suitings and Overcoatings H. & C. F. A1ILERS, Merchant Tailors. 420 Smithfleld st, TTS81' DUflllESNE 1 KTTSBUHG'S LEAD UUUUCOnC,1 XNG THEATKR. JOHN MASON-MARION MANOLA AND THE MASON-MANOLA COMPANY. To-night and every eveningexceptSaturday Deluthtful I If I Were You. Double Bill. I The Aimy Surgeon. Wed. Matinee I "Caste." Sat. Evening "Caste." Wert. Mat. Best Seats 50c Saturday Mat. Double Bill. Next week "Dartmoor." oc23 GRAND OPERA HQUSE. TO-NIGHT. The Boston Howard Athentenm Specialty Co. Prices 15, 25,50ardT5o Matinees Wednes day and Saturday 25 and 60c Reserved. Next week Lillian Lewis "LADY LIL." oen-72 J. WHITC0MB RILEY, 'ALPlNt QUARTET, ' To-night at ' CARNEGIE HALL, ALLEGHENY. Seats on sale at Mellor & floeno'a, Fifth avenue, and Alex Ross', 113 Federal street. 0C23-56 SPECIAL MESSAGE TO WEARERS OF SHOES AND SLIPPERS. Hundreds of new and novel ideas appeal ing to good sense and taste. Our low prices give birth to surprise in each department. HARRIS' THEATER MRS. P. HARRIS, R. L. Btitton, T. F. Dean, Pronrletors and Managers. Every afternoon and even ing. The Musical Comedy. "TWO OLD CRONIES." Week Oct. 31 "One ot the Finest." OC23-105-TT3 TTABRY DAVIS' EDEN MUSEE- "MABQUIS," the Beautiful Stallion, "DOMINGO," the Indian Albino Child, And a great stage show. Admission, 10 cents. OC24-46 HARRY WILLIAMS' ACADEMY To-night. Matinees Tuesday, Thurs day and Saturday. THE SOUTH BEFORE THE WAR. Fifty people on tlie stage. A carload of special scenery. oc24-12 CHOICE FLOWERS, LOW PRICE BEN L. ELLIOTT'S. Telephone 1831. 33 Fifth ave., apl2-TTS Between Wood and Murket. O. D. LEVIS, SOLICITOR OF PO. D. LEVIS, ATE NTS 131 Fifth ave., next Leader, Pittsburg, It- ' Ladies' and Gents' Slippers, AT 75c, $1.00, $1.25, $1.50. LADIES' FINE OXFORDS, AT 75c, $1.00, $1.25, $1.50. LAIRD'S CASH STORES, 433 and 435 Wood St. Wholesale and Retail. 406, 408, 410 Market St CC23-TT3SU REAT AUTUMN DRESS RECEPTIONS m g-A ROUSING, RINGING INVITATION EXTENDED TO EVERY LADY TO ATTEND.- SSI 5-u 2ftxv?f t"''a fe M Wf WEDNESDAY THURSDAY ND FRIDAY Will be three Grand Gala Days in M J T MILLINERY L mm Mm MINK MltlTAKT CAFE. AULSKA SEAX SEEFSB. THE DOr.GOKTJKI SUIT. THE ETON SETT. Are You Yellow? If so, or course yon are bilioun, -which also implies tbaf you have a dull pain and tenderness in tlie right side, nausea, sick lieadache, furred tongue, sour breath and indigestion. Ilosletter's Stomach Bitters Is tvhac you -want. Prompt reller tollons its use In liver complaint, dyspepsia, constipa tion, malaria, rheumatism, kidney trouble and nervousness. Physicians unqualifiedly lucommend ic KEAX. ESTATES VVIGb BANK, Hit, COl Smithfield Street, Cor. Fourth. Avenue. Capital, $100,000. Surplus, $75,000. Deposits of $1 ana upward received and Interest allowed at 4 per cent. tts Don't Take the IUsk OT Are or thieves, bnt keep your valuablo papers, bonds, etc., in the sale deposit vaults of the Farmers' Deposit National Bank, GS I'ourth avenue. Uoxes rented at $5 a year und upward. Tall and "Winter "Wraps. Elegant new stock of fur trimmed sacqnes, diagonal cloths, wraps, icefers, plush sacques, fur capes, embroidered fichues and children's wraps, at H. J. Lynch's, 13S-410 Market street. Dewitt's Little Early Riseri No griping no pain, no nausea: easy Dill to take. ?Jsm nrmriELi si lprj7 Our Catalopes: rart B Optical Meteorol ogical and Electrical In struments. Part U Magic lanterns, bllden and Accessories. Part D Mathematical und Survejing Instru ments. Free on application. PC8-XT9 Mil Wtlmm mm $A l THE TMPLE CAPE COAT. THE FUEE RUSSIAN COAT. lllliiil THE LADY'FBAltSUN COAT. JMvfm Wmmm II J j V THE ENGLISH WALKING COAT. Fashion Artists and Originators the world over are con tributors to the International Exhibition of styles which will grace our salesrooms during three Autumn Dress Recep tion Days. ' Mr. Morris Kaufmann, who has just returned from- an extended ransacking tour among the fashion centers of the Old World, dived deep into the sea of exclusive and select novelties produced for this Fall and Winter, and the result appears in this special Autumn Dress Reception we "ask you to attend. The models exhibited represent BARBLET, the favor ite of the Austrian and Russian Courts; ERNST RAUD NITZ, popular in Republican Court for American women patronize him largely;. FELIX, the Prince of Dressmakers; MADAME DUSUZEAU, at whose command the cos-. tumes of the 'first Empire are regnant again; MADAME DELTROPTRE, whose few productions are to dressmak ing as orchids are to flowers; PAQUIN, who at present is all the rage in Paris, the revivalist of the styles of the restor ation in 1830; GILLES, the artist of exquisitely embroi dered wraps. Besides these there are costumes from ROUF, SARA MAYER, AUGUSTIN MARTIN and RPASQUIEN; Wraps from MANNOT, ABEL and ULLIAC; Furs from REVILLION. The following are the most noteworthy of the styles shown; t JACKETS: DRESSES; CAPES: HISSES' "WATTEAU MWHAKKIT. MISSES' BUSSIA1V "WATTE ATT JACKET. The Watteau, The Russian, The t)olgoruki, The Reefer, The Tight-Fitting, The English Box, The Triple Cape, The Lady Franklin, The Strap Seam, The Eton, The Marlowe, The Reefer, The Russian, The Dolgoruki, The Moujik, The Bolero, The.Toleador, The Postillion, The Footman, The Coachman The Ukraine, The Muscovite, The Hussar, The Hbulghate, The Isabella, The Military, The Dunlace. THE MILLINERY EXHIBIT. Is equally interesting and important. The great Paris Milliners: Julia, Linn Faulkner, Viror, Heitz Boyer, Fbntrar, Pouyanne Josse, Suzanne Arot, Vimont, Virot and Berthe, Caspart, Michniewicz Turee, are represented; also hundreds of original conceits from our own milliners. CHIED'S GRECIAN COAT. CHIEB'S HESSIAN GXETCHIN, KAUFMANNS' FIFTH AVE. AND- KAUFMANNS' SMTTHFIELD ST. ' -v ' ' ' .' ' ,, 1 1 , t j k - 1 m
Significant historical Pennsylvania newspapers