Clipped From The Express

gpbennett747 Member Photo

Clipped by gpbennett747

 - :' Move For Not Quilty Verdict in Manslaughter...
:' Move For Not Quilty Verdict in Manslaughter Case Upheld by the Court An abrupt and surprising end to the prosecution of Jesse L. Yohe, Jersey Shore, on the charge of involuntar came yesterday manslaughter, afternoon in the present session of Clinton County court when A. H. Lipez, defense attorney, brought out the fact that the commonwealth had failed to establish by its witnesses that Yohe was the driver of the car which killed Edwin Wentz and Cecil Mays on the night of January 29th last, and that, if he were the driver of the car, he had violated any law or that Yohe by any neglect or carelessness had failed to exercise due care in driving. Judge Eugene H. Baird directed the rate of speed the car was being driven, so as to show an unlawful act. Gelz Case Next Witnesses in other cases were not present and finally at 4.15 o'clock the case of James Getz, Renovo, charged with involuntary manslaughter in the death of William Huff, Renovo, was started. The jury was selected in this case as in the Yohe case by questioning each juror and this required until 6 p. m. to get 12 jurors. The jurors in this case will be Clarence Rayhorn, laborer, Flemington; Anson Phillips, farmer, Bald Eagle Township; J. Stuart Groupe, Jr., laborer, Cra%vford the jury to find a verdict of not (Township: F. E. Krape, laborer _...„ . .,-. „.- ...,_ ,.. Ha]1 . Charles Kessingeri guilty and that the costs be assessed on the county. This is the first time for many terms of court that directed verdict has been ordered in such an important ase. The Yohe trial, which was expected to create the greatest sensation and, to consume the longest time of any case at this term of court, thereby came to a summary end at 3.30 o'clock. After the instructions from the court, the jury laborer, Br?.dy F. Beck, salesman, J. F. McCormick, manager, and Henry Paul, laborer, all of Lock Haven; L. M. Rocky, farmer, Green Township; Frank Kalar, bookkeeper, Chapman Township; Roy Nixon, farmer, Porter; Lester Orner, farmer, Bald Eagle Township. Those challenged by the defense were George Shirk, Margaret King, Henry Calderwood, Clinton fifteen minutes later brought in Eck 'ey, Miss Grace Glise, J. C. I Smith, Alta Brown, George Lyons, the directed verdict. The commonwealth had rested its case at the close of the testimony of John Snelling, a Buffalo | truck driver. Mr. Lipez', in a side- conference, moved that the court direct the not guilty verdict since District Attorney B. L. Haag had not introduced any evidence directly connecting Yohe with the death of Wentz and Mays. Court Gives Opinion The court and the attorneys spent about 45 minutes in Judge Baird's chambers arguing this point of law. When court reconvened Judge Baird upheld Mr. Lipez's motion and directed the verdict of not guilty. He stated in charging the jury that in the case of involuntary manslaughter it must be proven that death was caused by some unlawful act resulting from undue caution. He said no evidence had been introduced to show this. He said it had not been shown by the Commonwealth's testimony that Yohe was going at a speed prohibited by law and that there was not sufficient proof that he had broken any law. In another type of manslaughter the act may be committed in the performance of a lawful act in which due caution was not taken. He continued that if the court allowed the jury to take this case, as it was submitted to it by the prosecution, it would be guessing and this cannot be allowed by the court. The testimony must be so presented that there can be no guess work either way. In order to make a case testi- W. C. Bauman, Alton Currin, M. L. Hudson, and William Sullivan. Challenge by the commonwealth included Charles ' /omeldorf, Sarah Probst, Marian Cree, Joseph CIo- nan, Mrs. Caroline Hoover, William Hibbler, Sheridan Cryder, J. C. Keegan, D. C. Grugan and C. A. Heltman. Those excused by '.'.ie court for cause were Harry Miller, who was related to Huff, and H. E. Emig, who stated that he did not know whether or not the testimony would change his opinion. When the noon recess was taken today, Getz: was on the stand ready to be cross-examined by District Attorney Haag after he had told his story under the examination of his counsel, Henry M. Hippie. Getz Testifies Getz testified that on Sunday, May 31, he had returned from taking his wife to her place of employment and was getting ready to go to McCarthy Field to play ball. He left his home on St. Clair Avenue and proceeded to Fourth many should have been presented by Patrolman John Rock to show that Yohe was the actual driver of the car. Also it should have been testified by other witnesses as to Erie Avenue a man, whom he later learned was Huff, came diagonally across Fourth Street directly inj front of his car, which was in low gear and which he stopped about 10 feet from the man and blew his horn. Huff yelled "What's the idea of trying to run over a man." Getz replied that he wasn't and that there were cross walks at Erie or St. Clair Avenue. Huff proceeded across the street and Getz then moved his car to Erie Avenue where he had to stop for the through 'traffic. See COURT Continued on Last Page

Clipped from
  1. The Express,
  2. 24 Jun 1936, Wed,
  3. Page 1

gpbennett747 Member Photo

Want to comment on this Clipping? Sign up for a free account, or sign in