The citizen. (Honesdale, Pa.) 1908-1914, January 25, 1911, EXTRA, Image 1
WEATHliK KOUKOABT: Coldcf. AVKATIIKR l-'OHNOAST: Colder. KINAIj FINAL EXTRA! EXTRA ! 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 Pcidtentinry. 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 him." "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 trial. 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 pick. 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 HONESDALE, WAYNE CO., PA., 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 hoe." 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 Lord. 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 WEDNESDAY, JANUARY 25, 1911. 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: i .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 convicted. 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 THIS IS LAST CHANCE FOR CITIZEN READERS TO HELP CANDIDATE IN 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 friends. Positively no other offer will bo made In this con test. This Is not to be repeated. 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 Citizen. 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.) THEIR F BERMUDA CONTEST "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 FRIENDS OF THE CANDIDATES REALIZE THAT THEY CAN DO MORE FOR THE CANDIDATES BY SUBSCRIBING THIS WEEK THAN THEY WILL BE ABLE TO DO AT ANY FUTURE TIME OF THE CON TEST, IN CONSEQUENCE THEY ARE MORE THAN WILLING TO GIVE WHAT ASSISTANCE THEY CAN NOW. 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)