Franklin Stichler

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Franklin Stichler - on - RABER MURDER CASE I-OK NKU' Tit 1 4 1,...
on - RABER MURDER CASE I-OK NKU' Tit 1 4 1, A'TjODSIKNTn Kill! A NKVV TI11A1- FOI ' tim. RAlirtn MtTiihtenrtus.— TUB '•'= SPRRCflRS OK \VM. M HRTtT(, !' OniltN. t.ANf?.. MAHK, ON V> ' ' PAItT O^ rHIRONKR.S. WKIIIMAN ANI> Mtt<- r.KH ttfcrt.Y. ho In Al'THIiNOON : ! OK \V. M. IIKI1K 'q|fclock the prisinneri agaii court nnd took thuir Heats li the tcfivprae fury'hrtif''nrewri tnking tlu first .iP-iit, when Mr. Pen- rosiinied liin firgiirmHil,, Ju speaking on tho motloi lor H,IIHW trial be a poke only for Zcch- man whom he and Mr. Meily represent- od'i that Iniumnc.h nB Xnchmnn bat riM Ilihiiranop on Mm life of Rabpr doe* not connpct with this killing; Llm r.ourt in iKlft^lfliig the twideneu whern ifui^lioi^ryiiavo Bald, "H'ttmr initHl ^brtarW'jflipfoio Hatniday na that ^lljfad fiomd not keen up liin policy longer;" it connected Zeclnnan In the motter without any reaaon and bad a bad effect on the jury; tbat tbe burden of the expression WHO on Weiss and did not connect man; the Order of murder waa for Weisa himself; tbe question of Mr. ,Ml||er, ,to which we objected, aaking Le'n'ah Petera from where her father •eoejye/th'jB,' $1,500 for killinp 5 \t\ afl.he. h»d not been connected with the conspiracy; the evi L.iu, w ^ B Lh'owever'Mdmltlod; nhe said , ,,W0las andZccb 'man, but that it was after the killing;" we say this was Incompetent and only ffrlfnTuaifd jDlewsf 'Zeclinoan "was .in no "Wiiy connected wltb Ibia matter by bin own fictions ior expressions, but thny throw in the declarations of other pur- ities to prpjudicn the jury; the evidence of .Schweinhard: in regard to Stichler saying that "lie ninul, have it to-day," should riever have been purmitted l.o gt)-to9forp-]t;hr'jury; f afl ..their, was no •moaning in It, and no meaning couli) bavu been plup/id upon it, only as It was hut before thenjury in connection with tl>|» case where Vbe jury •wltlvpn jndlond minds conjectured his meaning, Mr. Dt'rr bail culled all tbe testimony rela live to JJechman which he road to the court, and said that all told It wan riot infllcient-to convict a man of ev«<n a smaller crime than murder; the only thing that would implicate him would btt the remark that be had Ribor's life insured, and in It there Is nothing would show that he had any c.onnec tlons with tbe killing of Rthar; is them anything in I)la wanting Adam Long to watch tbe bod; HO it would get no marks that la sufil clout to put the noose around a inanM neck, or that would warrant a jury lo convict a man of murdHi? Tho affl davit of E/.ra B. Light waa read by Mr. Diirr, in regard to a converKntlon had with Aaron Smith, one of tho jurymen, about four or live weekfl be- Jpre court, wfierein Smith aaid If he would get on the'jury he would be. for ban'g'liig all BJx, Mr. Derr caid that a man who forces' himself on a jury and puijurei liimaelf is deflervlng of the Worflt.kifld._oj'.-pnnlahment. lid cited sntlioritiHS giving aa a good c nun for a uevy trial or <>ban«e of venue where one of the jiu'ors hnd expressed or formed an opinl.on. before entering the box tbat ho could not see where there wuu any evidence whatever (bat waa suf- ficient.to oonvlct Z^pbinan of this crimn ; he defied any man who had any consignee, even without an oath, to rhiujftr a verdjgl of guilty of murder in the fjrflt degVflJ? agaliiBt ft ' j ADWIIS83 p^p J i>, 8 ^ir Gohin follo'tved on part of Brandt 1 Weiss and. Hummel. II» referred to the case pf HitmuojHnllivari, In Pliila- dalphiH, clmrged na an acoeaaory after the fa,nt, Btallpg Ihttt J/uniiriel was flienilitr, a.ll, t|i«, ^efltlu^pny relating to him showing him pnly up accoseory, after the fact ; the evidence againBt him not bringing him into the con- ep,irHOy until after the death of Raber AJ to the evidence /n regard to Henry 'WJnisH he thought there was nothing in It to justify a jury to tlnd a verdict of guilty of minder ip the first degree, tjtjnks that there were flornjny pircuw- st^ncos'connected with the evidence of Lwaab Petera In regard to Welsa that should have' deprived it of its weight; that from the beginning of this trial it aeamed that all presumptions were to |ie ( u«ed against these men, and they should certainly not nave been allowed tfb^o before Ibe jury. As to Uiandt, who bad no ipsqreble interest in Riber, Riber, there could certainly have been no 'motive in bl» enterlag^a conspiracy to 'kil|; that It was unfair to the pri|. oqera in the O'Qurt lo tMf Qnnrge comiiionllng upon tbo nyidcncn, rts the c.'i'dil.ability ol tlu> witnpftfKm nhotih) Ituvt* Iw'fMi lett, In \\w jury. Al>|)tt|.>?S OK ('. I!. I.ANT/. Mi. Linlr. followed on ihn part of ,SLichl(«l. MM finys «h:tt, Uiiit.ivo U'HB IlKMti in Siichlnr niuidcritK' Ifabnt- t licit* UIIH nut a Hint ilia of evidence *hnwing thai, hn wai in Ihn ooriflpiiany; that tbo lentimony of Schwninh.ird whole Slichlor should hnvn salil: "I miiHt havH it, In day, 1 ' should not havn been admitted, an it, tended |,o prr-jn- dico tltc mlndn of I be jniy; thinks that the laiiKiifige mind by Urn C.mil in their ohaigo was wronu; no doubt tliP Court, had I'niincd an opinion thai, u murder was r-ommilrod, but wn deny it, yet, no matter what, other* may nay and think, thla nhoiild work a new trial; thn biased condition of I'etora ngainnt Stlchlrr in sullinient motive for Pctcm lomnkn thn ncr.nHat.ion, and thinks Hut court should have nulled Mm attention of t IIP jury to thin, and it should bnvo woiked an ari|iiittal for tlio prisoners; the court should also have called the attention of the jury to the evidence of the physicians in regard lo there being no marks of violence on I he body,which Hhould have woiked in the prisoner'H favoi; the absence of maika of violence an>l water in the, stomach go to show that the prisoner wau not forcibly diowned when you take the condition of tho stream into consideration; thu question, if there was a murder com mitted at all, ia whether PoUrs and bis wife saw it when thny were drunk, as the testimony shows they were. . ADDUKSS OK 1' 8, NAItH. Mr. Matk was the last speaker on part >f the p.ilsonerp, representing Chat lea Drews. Ho complained ol thu Court idmllting the declarations of Mrs, )rew'H ; that these declarations were he testimony that convicted IIJH client, tnd that she could not he permit ted to 'xplnin on behalf of her hiittbain); that t coming from his bosom friend the nry no doubt believed it to bo the .ruth; it is impossible that the conversation conversation of Welaa when hn told Dreww 'that Rtiber must be killed before Nat- irday,"oan bo so, as It was proven thai Weiwa was not at Drews' housu beforn heaven inp thai Raber waa diowned;the Jonrt erred in ndmlltlng the evidence >f El'j.ih Mtlchlcr, when IIH said that kandl. told liirn that the. $100 Drows ifVored him to holp kill Ribar would bo >aid,aB it, was two wnokn pievioin lo ho drowning, and lhat, hn was In po'o ilm acroas tl « dum; In also n faired lo aits in the rhargfi of Ihe Court where I, referred to the evidencn of witnoatna being, corroborated by oiheis, and fihoul 1 have le.fl, the mutter to the juiy whether there was a murder committed; committed; hn tlmuphf, It was enferririg to the jury that. Riber had been murdered, and that Drewuand Htlchlor committed thfi crline; bn I'omplalnc'd of tho Com t not having refornul to tho witnoHies of the deftmim vslien they rccullnd all tlic witneHflfH on the pail, of the Common• wenltlr, Ilm jculoiiHly (txinting in Peters' Peters' against Ktichlor, was the rnotiyo for making Btlchier the main iriHtru- rjifiit In the drowning of Ruber, and In order to bring Stichler In it, WHO necessary to bring Drews in also; thin mutter uhould certainly have bee.ii brouitht to tho ininds of Ibe juiy, and nhould haye weighed in favor of Ihe piiaonar; he don't bullevu thai the priti- oner in guilty of the ciiriio he stands convicted. time; K/. a L'glibt. a cousin of Brandt, was sett Ing by in the roiirt room when t-hifl juror took bin oath, knowing that this juror hnd expiennivl an opinlon,Btid tu-vot B»id a woid lo the counsel on ili her Bide; fiiiirillilflronrlunt ifl hnaman tit hn bPlicvt'd; it in ix matter on par with tht'ir window imsh ntory or the ilnno.i in the crntk; the wholn thing la :» It nmpcd iipnlory; wn havn no Internet Internet In th in case except to aeo the laws of tho country vindicated and justice meted mil. Mr. Miller followed on part of the Commonwealth, lie said that whan tlm defence ask the court to revernetba declHinn of Ihn .Supremo Court In the nwrt of Cituibpell va. CommonWfiaUb, they concede thoir case, aa a lower rourt is bound to stand by the dnclsiofi of a .Supreme Court; «vo believe with Mm defendants that justice should ba tnetwl out, but there n no evidence to nliow that, a new trial Hhould ba grant- oU Ibn depnaltion of Light wns manufactured, manufactured, made up for the occasion; the Bllldavitof Aaron Smith, stating that he never had expressed an opinion as to the guilt or Innocence of tbe prisoner to Ezra Light, nor to any one and neither neither had formed an opinion, was read by Mr. Miller. They must closely satisfy satisfy the conaclence of the court that a mis-trial took place befora they can ask for another; no one knew better than old man Drews the connection Zechman had with thia affair ; Hummel, Weiss and Brandt knew that Zeohman was the treasurer of the party ; why did Brandt make out the death proofs If he had no interest ; Mr. Lantz exclaims what in* torost did Stiohler have ; there were two eye witnesses who saw him do the deed. ADURK9H OK OHANT WICIDMAK. Mr. Weidman opwued on the part of the Commonwealth, Ho said he did not wiali to tako up miich of tho IIIOH nf the court; he thoimht tho court would RIVO due constderfttion to Ihn reasons presented by the defence; limy had no rrmunn to complain of the charge* of the court and did not think tho de- fence hud, und ho thought there was no cause for setting aaida the verdict, Ho followed up the reasons of the defend- rtntrt foi an arrnat of judgment, citing authorities to sustain his views. THIS MORNING'S.SESSION. Upon the reconvening of court at 0 o'clock this morning, Mr. Weidown resumed his argument. He thought, that tbe evidence in regard to tbe conversation conversation overheard when the death proofs were made out was legally ud- milled, 9« it was fully connected wltb other facts ; that the evidence clearly connected ^echman with the others in his opinion ) that the verdict found by the jury was fully justified by tbe evi deuce ; the duty of the Court under the circumstances ia not to grant a new trial (citing authority for tbe same); it w«a the duty of the jury to p4g8 upon the evidence and they have done so ; in regard to tbt> juror having expressed an opinion be ueld tbat it wag too a,te to raise, au objection at tbie am. OER.H CLOSES. , Mr. Derr cloaud on the part of tbe prisfoners. Tie said that according to the evidence there were only two paitiea concerned in the killing ; tbere is no evidence that there was no murder murder committed ; if there was no murder murder committed then there can be no acruworles ; the Court very pointedly referred to the testimony of Peters and his wife In the charge and entirely failed to say a word In favor! of these six men; why it WAS he could not toll, but It Is plain that if Peters' would have said he saw Drewa shoof- Raber and no bullet mark was found on the body no one would have believed believed him, and he should not have: been believed in what he said aa there were no marks of violence nn the body; tbat iti in strict contradiction to medical jurisprudence to drown a man in 17 lno.tie.3 of wuter without marks ofvlo- encc. Considerable time was devoted tu the alli'luvlt of Aaron Smith and thw deposition of Ezra B. Light. Would ' the court in reoxamlnlng the testimony point then to oue place where this con-. apiracy was formed by these parties; ' 'thnre In no evidence that a ' conspiracy wa» formed between theso men to kill Rabur; take Peters evidence out und they have nothing at * nil in tbe case; Peters came there, a v stranger to all but a wonk before the drowning, and ia ic probable that tt ess - UIHII would reveal a conspiracy ao damnable to a total stranger; every , particle of the crime should be posi- lively lively proven before a wan in convicted and sentenced to ba hanged; and only on such evidence l« a jury justified to convict, QUAKTKK 6E88JON8, Divld P. Moyer was appointed stable of the First ward, Lebanon Borough, Borough, in place of Moses Lainiuger.de-* ceased. COMMON PLKA8, The confirmation of the following Sheriff 'a deeds were held over until Iu0 llrat Monday in Auguat : To Bojer, Walter and Deilzler fctf ifcal estate in Union township, sold atf the property of Adam Blliott. To Pasaava! Kauffman for house and lot of ground Su the borough of Leba* ' non, sold as the property of Jonathan Liven good. To George Qleim for tract of land Jo MHIcreek township, sold as tbe property property of George Oxeni eider and wife, was withdrawn by permission of Court, The report of tbe Auditor ia assigned estate of Jacob Smith, sr, ., condoned absolutely, Mill. Dr. F. R. Bowers, of who baa purchased the bark mill at ttat place, has cleaned up tbe machinery, t pgine and boiler, and probably to-(Jay will start ibemill i uoning, pavingqnltft a number of orders ahead for bis bark, which will keep toe mill busy for

Clipped from
  1. Lebanon Daily News,
  2. 08 Jul 1879, Tue,
  3. Page 1

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