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.
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Better prudently resort to Dr. D. Jayne's
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Made at Shortest Notice.
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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
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g-A ROUSING, RINGING INVITATION EXTENDED TO EVERY LADY TO ATTEND.-
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5-u 2ftxv?f t"''a
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WEDNESDAY
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Will
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mm
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MINK MltlTAKT CAFE.
AULSKA SEAX SEEFSB.
THE DOr.GOKTJKI SUIT.
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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.
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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