The citizen. (Honesdale, Pa.) 1908-1914, January 25, 1911, EXTRA, Image 1

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    WEATHliK KOUKOABT: Coldcf.
68th YEAR.
Well, I Have
"Wo find the defendant, Lcoim
Ijorri, guilty of manslaughter."
It was a solemn-looking set of
men that filed Into the jury box when
ourt convened Tuesday morning at
9 o'clock. The long vigil of the
night previous, when eight ballots
were cast, and a verdict finally
reached at 2:30 a. m., had percepti
bly told on thorn.
The sealed finding of the Jury was
presented by the foreman, ReVl .las.
Pope, Mt. Pleasant. A. G. Gregg,
Damascus, acted as secretary. The
defendant received the verdict with
an impassive face. There was no de
monstration. MRS. LEONA LORD,
Convicted Of Manslaughter, and Giv
en Indeterminate Sentence Of
lYoin .1 to 12 Years In Eastern
When Mrs. Lord came into court .
for sentence Tuesday at 2 p. m.,
Judge Searle before passing sen
tence asked her whether she had
anything to say.
"Well, I have this much to say,
I didn't touch Silas Lord nor kill
"This is a woman," said Attorney
Lee, In asking for a mild sentence.
"A sentence of a year or a year and
a half for this offense would be suf
ficient." "The Jury," said Judge Searle,
"might have found you guilty of a
more serious crime than manslaugh
ter, and wo consider perhaps that
you were fortunate."
Now, January 24, 1911, this is
the sentence of the court tliat you
pay the. costs of prosecution and n
lino of $500 and undergo an inde
terminate sentence of not less than
tlirco years nor more than twelve
years at separate and solitary con
finement in the Kastern Peniten
tiary." Thero was no demonstration
whatever and Mrs. Lord passed out
of the court with the same equani
mity and self control which she has
exhibited throughout the entire
Friday Morning.
That the Interest in the famous
trial of Lcona Lord for the alleged
killing at Equinunk, July 12, 1910, of
her brother-in-law, "Sike" Lord, con
tinues unabated was shown by the
large number of people that crowded
the court room all day Friday, a large
percentage of .whom were women.
Expert medical testimony at the
morning session was especially favor
able to the defense. On cross-examination,
Dr. Prank Woolsey, Hancock,
IN. Y., was compelled to admit that he
saw no evidence of concussion when
he examined the wound on Silas
Lord's head.
Dr. W. T. McConvlll, a practitioner
of sixteen years' experience, a grad
uate of Cornell and of the College of
Physicians and Surgeons, Now York,
and who spent several years in a hos
pital, was a strong witness for the
defense. Notwithstanding the merci
less grilling to which ho was subject
ed by Attorney Homer Greene, asso
ciate counsel for the prosecution, he
maintained that the wound in Silas
Lord's head could have been produc
ed by the shank of a common broad
hoe wielded by a man of average
strength. Attorney Greene made ob
jection after objection to the lengthy
hypothetical questions put by Lawyer
Kimble to Dr. McConvlll, out in al
most every instance ho was overruled
by Judge A. T. Searle. Dr. McConvlll
contended that it would be an utter
impossibility to make such a wound
with a pick and have only paralysis
of the forefinger and thumb, as Dr.
Frlsbie, of Equinunk, stated took
place a short time after he was call
ed In to attend Silas Lord.
Argue Over Anntomy Plates.
Page 703, Oray's Anatomy, and the
plate on It was a particular bono of
contention between Attorney Greene
and Dr. McConvlll, but the doctor
triumphed and seemed to make a
most favorable impression on the
I Wife,
rm n b crrMU a i nnn if
This Much To Say, I Didn't Touch Silas
Mrs. Lord Prior To Sentence.
Jury, who are bearing up remarkably
well under the strain and close con
finement and are paying close heed to
all that is said.
At the conclusion of the cross-examination
Attorney Greene gave a
parting fling to the doctor, saying: "I
simply wanted to know whether you
and Gray agreed. I see you don't."
Dr. E. W. Burns was the final wit
ness of the morning called by the de
fense. He is a son of Dr. R. W.
Burns, the Scranton surgeon, and a
doctor and surgeon of almost seven
teen years' experience.
In his opinion, the cavity, which
was two inches deep, on Silas Lord's
head, was not a wound, but was due
to a suppurating process. He felt cer
tain such a wound could not have
been made by a pick. He contended
that a hole made by a pick would be
four-cornered and not triangular in
shape, as 'the one which appears on
the murdered man's head.
Friday Afternoon.
The case of the Commonwealth
versus Reed, on motion of Attorney
C. A. McCarty immediately after the
opening of the afternoon session of
court, was postponed until the March
term. The case was set for trial this
week, but as the trial of Leona Lord
will last over Sunday, It was deemed
best to postpone it in the Interests of
all the parties concerned. Judge
Searle remarking that it would hard
ly bo fair to try him before these jur
ors who had been listening to the tes
timony in the case against Leona
Lord. All the jurors Impanelled for
the first week of court were then ex
cused Dr. W. B. Burns was recalled to
the stand for further cross-examination
by the prosecution. In his Opin
ion the Shank of a broad hoe would
be more apt to produce such a wound
or,iholo as was In Silas Lojd's head,
than a pick. In his opinion, such a
hole could not have been made by a
Mrs. Millard Lord, Equinunk, wife
of the son of the defendant, was call
ed by the defense. She swore to
meeting Mrs. Annie Sherwood several
evenings after the fight and to Mrs.
Sherwood's saying to her, "I know
nothing about it (the fight). I was
not at home." Mrs. Sherwood, who
is sixty-six years old, it will bo re-1
membered, testified on the stand that !
she saw Leona Lord strike "Sike"
with a pick. The severe cross-examination
of Mrs. Millard Lord by the
district attorney did not shake her
testimony in the least.
William McGulre, a fourteen-year-old
boy, Equinunk, testified to seeing
parts of the fight at a distance of 200
feet. He saw Sam Reed have a stick
in his hand. He also saw "Sike" fall
in the road. But a rise in the road
prevented him from seeing Leona
after she came down the porch steps
and ran under the stoop.
The defense rested at 4:10 o'clock,
and court immediately thereafter ad
journed. Saturday Morning.
The thirty-five minute session of
court held Saturday morning, was oc
cupied mainly with the introduction
of witnesses by the prosecution, in re
buttal who testified that the reputa
tion for truth and veracity of Mrs.
Henry Bridge, Equinunk, "from tho
speech of the people in the commun
ity in which she lived," was "bad."
Mrs. Bridge, it will be remembered,
was one of tho witnesses Introduced
by t'he defense, Friday afternoon and
swore that she was acquainted with
Anna Sherwood who called on her af
ter tho "big fight," and said she knew
nothing about the fight as she was
away from home. For tho prosecu
tion, Mrs. Anna Sherwood 'had pre
viously sworn to seeing Leona Lord
wield the pick.
Joshua A. Pine, Arthur Parsons,
Charles Miller, Equinunk, all swore
to Mrs. Bridge's reputation for truth
and veracity as being "bad," Con
stable James W. Harford, Equinunk,
said it was "rather had," as did also
Mrs. Essie Billings.
Attorney Homer Greene then of
fered especially for tho purpose of re
buttal, Page 703 of Gray's Anatomy,
showing the plate and tho text shown
In connection with it.
At 9:25 the Commonwealth rested;
and Attorney F. P. Kimble, for tho
defense, called Isaac Lord, Equinunk,
who testified about Mrs. Henry
Bridge that "I naver heard anything
of her being a lying woman,"
Objection to the testimony of Mat
thew Mogrldge, who declared he nev
er heard of the woman, was sustain
ed. Millard Lord then testified that
Mrs. Bridge's reputation for truth
was "good." "I never heard any
thing against her," he said.
The evidence then closed.
For the defense, F. P. Kimble,
Esq., stated that he had Just a few
legal points to present to the court,
and he was granted permission to do
so Monday morning. Judge Searle
then announced that , the closing ar
guments for the commonwealth and
defense would be heard Monday
morning. "Take as much time as
you desire," lie said, "1 will not lim
it you. Take just as much time as
you think you need."
The jury was then asked to re
tire, and Judge Searle gave some
advice along the line of the nature
of the verdict tho jury might be ex- j
pected to' find.
"In the verdict," said the court,
"it might he well for the jury to I
find specifically whether Silas Lord
came to his death from a pick or a
Attorney C. A. McCarty, counsel
for Samuel Reed, thought his client's
name ought not to be Included in the
verdict, as it would be In the news
papers and might prove prejudicial
to the Interests of Samuel Reed
when he was tried in March, but the
Court overruled his objections.
Court then adjourned until Mon
day morning at 9 o'clock.
Mondny Morning.
"A mother's love is deeper than
hell and higher than heaven,"' de
clared Attorney W. H. Lee Monday
morning In the course of an eloquent
plea for his client, Leona Lord, who
is charged with the killing at Equi
nunk, July 12, 1910, of her brother-in-law,
Silas E. Lord.
Speaking entirely without notes,
Attorney Lee held the closest atten
tion of the jurors throughout his forty-minute
plea, his contention being
that the fatal blow was inflicted by a
hoe in the hands of Samuel Reed, and
not by a pick in the hands of Leona
When court convened at 9 a. m. the
room was well filled with spectators
and before the close of the morning
session all the seats were occupied
7, ml mnnv atnnrt'tn
and many were standing.
Attorney E. C. Mumford delivered
the opening address to tho jury for
the prosecution. For forty-five min
utes ho held the Interested attention
as he recited in detail the events
leading up to the occurring at the
"big fight." His homely illustrations
seemed to appeal strongly to the
"twelve good men and true."
Following him, Attorney Lee spoke
and after his impassioned plea, Attor
ney Homer Greene made the second
argument for the Commonwealth In
an intensely dramatic address which
consumed more than an hour and a
quarter in the delivery and was list
ened to by all in the court room with
the closest attention. Mr. Greene ran
the whole gamut of the human voice,
once pleading, again accusing, with
outstretched forefinger, sarcastic and
humorous by turns, a veritable past
master In the art of elocution.
"We live under a reign of law,"
said Mr. Greene. "We must have
law or there would be no order. Was
Silas Lord killed with a pick In the
hands of Leona Lord, or was he killed
with a hoe by Samuel Reed? That Is
the question."
Mr. Greene is evidently a "purist,"
for he said In the course of his len
gthy plea, "I'll not even soil my ton
gue and lips before this jury by re
peating the vile words she (Leona
Lord) used. All the trouble," Mr.
Greene claimed, "came from a dis
pute over a few Inches of ground,
ten cents worth of $10 worth."
In commenting upon tho fist fight
between the two cousins, Will and
Millard Lord, which lasted all
through the incident at Equinunk,
he said: "If all . fights were only
fought by tha instruments God gave
them for, how few murders there
would be."
Mrs. Lord he characterized as a
remarkable woman and compared her
to Lady Macbeth, who said, "Innrm
of purpose. Give me the dagger!"
In sarcastically referring to the ex
pert medical testimony Introduced by
the defense, he said: "You can prove
almost anything by logic. You who
are a clergyman," ho said, pointing
out the Rev. James Pope, of Mt.
Pleasant, a former Presbyterian
clergyman and present poultry raiser,
and one of the jurymen, "know that
Eve's people have take tho Book of
Books and proved religions so abso
lutely different that they have perse
cuted each other almost to death to
prove they wero in tho right."
Monday Afternoon.
Immediately after tho opening of
the afternoon session at 1:30 p. in.,
Frank P. Kimble, Esq., proceeded
with the argument for his client, de
livering an impassioned plea of
more than an hour In length. He
made many telling points for the de
fense. Among other things he said:
"A regiment couldn't have pre
vented any woman from rushing to
the defense of her son. Have you
ever disturbed the young of a pheas
ant, the shyest of birds, and observ
ed how she will come up and defy
you in the protection of her young?
If there had been a myriad of Silas
Lords with bayonets in their hands,
Leona would have rushed down,"
In discounting the testimony of
Anna Sherwood he said: "It's a pic
ture In her mind that never got
there through the retina of her eye."
"Dr. Frisbie was so enthusiastic
In the support of his theory, that
he wanted to tell you (the jury), all
he knew about the case. He parad
ed up and down beforo you, so that
I asked His Honor whether he was
arguing the case. Dr. Frisbie ad
mitted It was the most wonderful
case on record." "It is better that I
one guilty person go free than that i
one innocent person be punished. Go i
home with a bold front, saying 1 1
have sat there for a whole week. I
asserted my manhood. I was going
to protect that woman to the extent
of the law."
District Attorney M. E. Simons de
livered a masterly summing up of
the Commonwealth's case. In, the
course of his argument which lasted
fully an hour and a half, he graphi
cally recited the facts of the case,
and pointed out the many contradic
tions in the testimony of some of
the witnesses. Some of his strong
points were:
"If a country doctor can't tell the i
truth, maybe a farmer can, some-1
times." I
"Our country doctors, who don't
know anything compared with our ,
city doctors who are exrerts In the '
use of the pick and the hoe."
Mr. Simons drew a vivid word-1
picture of Mrs. Silas E. Lord, "poor,
helpless and speechless, sitting in
her lonely room in the little village
of Equinunk, looking across the val
ley to the cemetery on the hillside,
looking at the grave of her murder-!
ed husband, with unspeakable long
ing to be there by his side. And I
would call the picture "The Dis
consolate One." If I had the elo
quence I would portray a picture
that would melt you to tears.
I .. , ,
recommencing at 4:16 p. m. Judge
A;- T. Searlo delivered ' a' masterly
summing up of the case to the jury,
In which he digested the evidence,
and Indicated to the twelve good
men and true, the verdicts they
might be expected to llnd. The
charge of the Court follows:
.Judge Senile's Charge.
Gentlemen of the Jury:
Leona Lord, the prisoner at the
bar, is on trial before you upon an
indictment charging her with mur
der, the highest crime known to our
law. treason alone excepted.
The evidence is closed. Counsel
representing the Commonwealth and
the defendant, respectfully, have re
viewed before you tho testimony giv
en and the questions involved In the
issue, and the case now goes to you
for your determination, under the
law and the evidence, whether the de
fendant is guilty or Innocent of the
charge contained in the Indictment.
It has already been Impressed up
on you that the case is one of the
highest importance. It Is Important
to the Commonwealth In case the
law has been violated and a human
life taken unlawfully and felonious
ly. It Is very important to the de
fandant because she stands In peril
of life or liberty according to the
degree of crime of which she may be
She Is now called to answer at the
bar of justice for the taking of a hu
man life, which is always, in the
eyes of the law, deemed sacred.
You must be Impressed with the
very grave responsibility which rests
upon you with respect to the trial of
this case. The alleged taking of a
human life gives a shock to tho com
munity; and when a person Is upon
trial for an offense, the conviction
of which might result in capital pun
ishment, both the court and the jury
must feel a duo senso of the respon
sibility which rests upon them In the
determination of the Issue.
The duties imposed upon you in
the consideration of this case are
those of tho highest responsibility
which, in the administration of our
criminal laws, men aro called upon
to perform. On the one hand is In
volved tho life or liberty of a fellow
being; nnd on tho other Is involved
tho safety and security of the law
abiding citizens of tho community.
in tho discharge of these duties, we
trust and believe that you will not
be unmindful of their Importance,
and that, while remembering the
rights of tho defendant, you will also
hear In mind what you owe to the
law, to tho community which you
represent, and to society, for the
preservation of which our criminal
laws aro enacted.
When you were chosen and Inter
rogated by the counsel for the Com
monwealth and the counsel for the
defendant, the purpose was to se
cure a fair, Impartial Jury, a Jury
without bias and without prejudice,
a Jury that would deal fairly with the
defendant and still do their duty
manfully under the law. This is the
kind of a Jury to which the Com
monwealth is entitled, and this is
the kind of a jury the defendant
ought to have; and I trnst and be
lieve that you are Buch a jury,
You, gentlemen of the jury, are
the exclusive judges of all the facts
,ln the case, and the credibility of the
Lord Nor Kill Him," Said
witnesses is nlso for you to deter
mine. The law, based upon tho experi
ence of centuries' of time, has found
it a very wise thing to leavo tho de
termination of the questions of fact,
as a general rule, to twelve men In
stead of to one man. And this is one
of tho principal reasons why the jury
system should bo perpetuated.
Twelve fair, Impartial men, mingling
with tho people and coming from
among them, and knowing of their
every-day doings, are best qualified
to paEs upon the offenses of men;
and their judgment is more to be re
lied upon in all matters of fact than
the judgment of one man.
As you are sole judges of the
facts of the case, I would also say
this: That you have been sworn to
decide this case on the law and the
evidence; that the statement of the
law by the court is the best evi
dence of the law within your reach,
and that, therefore, in view of that
evidence and viewing it as evidence
only, you are to be guided by what
the court has said, or may say, with
reference to the law.
The defendant comes into court
under the protection which applies
to every person accused of crime, un
der the presumption of innocence. It
is a principle that is founded on
large human experience, and it must
never bo forgotten, never lost sight
of, that every person is presumed to
he innocent until proper evidence
satisfies the jury, beyond any rea
sonable doubt, of his guilt.
In a community where it is alleg
ed it startling crime has been com
mitted, and the newspapers contain
ing accounts of It are generally clr
culated(;!.anditjstalkeclf about .h,ere
and there, it would po'rhaps"b'e fm-'
possible to find a jury of Intelligent
men who have not at least formed
impressions regarding the guilt or in
nocence of the party accused of the
crime. It is your duty, however, to
disregard any impressions which you
may have formed respecting this mat
ter, and to approach its considera
tion with the determination to con
sider nothing except the evidence
given here In open court.
Under the indictment in this case,
the defendant may be found guilty
of murder of the first degree, of mur
der of the second degree, or of vol
untary manslaughter, or she may be
acquitted altogether, accordingly as
the evidence may justify it.
At common law, murder is defined
as "The Unlawful killing by a per
son of sound mind and discretion of
any reasonable creature in being, and
Never Again After Thursday, January 26th at 10 O'clock
Will it be-Posible To Secure so Many Votes as it Will
Before That HourCompetition Ballots Mailed to Can
didates SaturdayGet All the Subscriptions You Can
Now, for The End of The Contest is So Near You Can
Almost Touch it 4 and 6 Months Subscriptions Accept
ed and Help to Make Up Clubs.
By H. C. Van Alstyne.
Tho Lust Special Offer.
The last special offer
closes Thursday, Jan. 20, at
10 p. m., and a bonus ballot
of 15,000 votes will be Is
sued for every club of $15
turned in on subscriptions
by candidates or their
Positively no other offer
will bo made In this con
test. This Is not to be
All money turned In on
last week's offer will also
apply and this one and
bonus ballots will be mail
ed candidates.
All coupons clipped from
the paper must be in this
office by Friday. Tho votes
for all subscriptions sent in
from now on will be held
here and placed In the bal
lot box to be voted to save
time and possible errors In
mall delivery.
Tour Department Tho
Immediately after THE CITIZEN
was delivered to its readers last
Thursday many of the contestants
called at the office to get more com
plete information regarding the
under the King's peace, with malice
aforethought, olther express or Im
plied," and this is tho law of our
own state, modilled by the 74th Sec
tion of the Act of 31st March 1SG0,
which divides the crime of murder
into two degrees or classes. This
section declares that "all murder
which shall be perpetrated by means
of poison, or by lying in wait, or by
any other kind of willful, deliberate
and premeditated killing, or which
shall be committed in the perpetra
tion of, or attempt to perpetrate,
any arson, rape, robbery or burglary,
shall be deemed murder of the first
degree, and all other kinds of mur
der shall be deemed murder of the
second degree; and the jury before
whom any person indicted for mur
der shall be tried shall, If they find
such person guilty thereof, ascertain
in their verdict whether it be mur
der or the first or second degree."
Murder, in our state, may briefly
be defined as the unlawful killing of
a human being with malice afore
thought, express or implied. Malice
is a necessary element of the crime
or murder. If the element of malice
is wanting, then there is no murder;
the crime falls below the grade of
murder and the offense is either
manslaughter or a crime of some
lesser grade. The common idea of
malice is that It means hate, hatred,
ill will or 111 feeling towards an
other person. It has, been said that
malice comprehends not only this but
every case where there Is wickedness
of disposition, hardness of heart,
cruelty, recklessness of consequences
and a mind regardless of social duty.
Malice may be inferred from the act
dono, the character of the weapon
.used, 4or, other .circumstances .show-lng-,porve"rsoiy''WicIte'd:'hearti'-''
This malice, however, need not bo
expressly proven. It may be inferred
from the conduct of the parties, or
from the use of a weapon. It may bo
expressed or implied. Expressed
malice might bo shown to exist from
threats against another, previous
quarrels, old grudges, proof of a
motive. Malice may be implied by
law from any deliberate and cruel act
committed by one person against an
other, and as an ingredient of mur
der is presumed from the use of a
deadly weapon against a vital part
of the body.
The distinguishing feature of mur
der, either of tho first or of the sec
ond degree, is this malice, and be
fore a person can be convicted of
that he has committed a homicide
(Continued on Page Five.)
"Last Special Offer" and announced
their Intention to bring in quite a
number of clubs subscriptions bofora
the close of this offer.
Interest Intense.
Interest In tho contest Is Intense.
Everybody Is watching tho paper
to see 'how the candidates stand from
day to day. All apparently aro will
ing to help one or another of the
candidates with their subscriptions
if their favorite candidates wero to
request their assistance.
Candidates will find It an easy
mattor to secure subscriptions and
thousands of votes this week If they
go around to see their friends and
acquaintances and ask them to help
them with a subscription. THE
Don't Count Oh Promises.
"A bird in hand is worth two In
tho bush." The contestants should
not be satisfied with promises, but
(Continued on Page Eight)