NEWS: Cambria Freeman; 13 Dec 1912; Ebensburg, Cambria Cnty., PA Contributed for use in the USGenWeb Archives by Patty Millich Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/cambria/ _________________________________________ Cambria Freeman Ebensburg, Pa. Friday, 13 Dec 1912 Volume 45, Number 49 Nicktown News William Lieb was out hunting last weekend and got a nice bunch of game. The Modern Woodman had a meeting last Thursday. They elected Gilbert Krumenacker counsel. Anyone wishing any butchering done can call on Bert Lieb, Nicktown, Pa. Mrs. Adam Luiy and son, Nicholas, from Oregon are visitors to town. Rev. Guernsey Tenders Resignation Rev. H. H. Guernsey, who has served as pastor of the First Congregational church in this place for the last three years, tendered his resignation last Sunday, to take effect as soon as the church would release him. Mrs. Guernsey and children are at present in New York City and they will make this their home for some time. Mr. Guernsey at present is undecided about his plans. He has several things in view but is undecided as to which he will accept. Rev. and Mrs. Guernsey have warm friends here and they carry with them the best wishes of this community. Two Other Murder Cases In addition to the murder trial of George Henderson, the other prosecutions for the highest crime will be heard at Ebensburg this term, when Oscar Krumenacker faces the charge of fatally shooting a fellow miner as he emerged from the mine and Matheison Pegram, colored, charge with murdering Warren Barnes, colored. Guilty in First Degree – [Extracts] George Henderson Convicted on Second Ballot by Good Men and True Who Heard Story of How He Killed Pretty Fern Davis in Conemaugh Last May At 12:45 this morning the jury returned a verdict in which it finds George Henderson guilty of murder in the first degree for the killing of Fern Elaine Davis at the Henderson home in Conemaugh the night of May 8 last. The jury was out three and one-half hours, having retired at 9:15 o'clock following the court's charge, which lasted one and one-half hours. The verdict was reached about midnight, however, the remainder of the time being consumed in the assembling of court. Two ballots were taken. The first one stood eleven to one in favor of a first degree verdict. The second one resulted in winning the lone opponent over to the side of the other eleven. The ringing of the courthouse bell announced that the jury had agreed upon a verdict and it summoned the court and other court officials interested in the trial of the case. Henderson had retired to his cot in his cell and was fast asleep when Sheriff Stutzman summoned him. He had not entirely awakened when brought into the court room and he blinked at the lights. The convicted man stood up well under the strain and when Foreman I. J. Craig announced the finding of the jury to be a first degree murder verdict, he did not appear to be affected. But when Attorney Charles Hasson, representing the defendant in the absence of Attorneys Martin and Reed, asked that the jury be polled and after half the jurors had responded "guilty" he was noticed to quake and as the last man had answered, sealing the fate of the youthful murderer, he clenched his hands in a convulsive manner. He left the courthouse in the custody of the sheriff, smoking a cigarette and apparently with all hope abandoned. After the polling of the jury, Attorney Hasson made a motion for a new trial and the court granted the attorneys for Henderson four days in which to file reasons. Mr. and Mrs. Thomas Davis of Johnstown, parents of the murdered girl, were in the court room when the verdict was announced. The court's charge to the jury began at 7:45 o'clock Thursday night and was concluded at 9:15. It was regarded as a very fair and accurate resume of the evidence, so fair to the defense, in fact, that many wagers were made following the retirement of the jury that a second degree verdict would be reached. To a very large number however, the verdict was no surprise. [Snip] The Commonwealth subpoenaed 46 witnesses while the defense served papers on ten persons. Members of the Davis family who came up Tuesday morning for the trial were Mr. and Mrs. Thomas Davis, parents of Fern E. Davis; Miss Mabel Davis, a teacher in the Johnstown schools, a sister; Miss Irene Davis, a sister; and Mrs. Edith Grabmier of Denver Col. Mrs. Grabmier has been in Johnstown since the time of the murder. Members of the Henderson family who came to Ebensburg were Mrs. Mary Henderson, mother of George Henderson; Fannie Henderson, sister of George Henderson and Mrs. Victor Hildebrand, Mrs. John Shearer and William Wright, all of Conemaugh, sisters and brother of Mrs. Henderson. That Henderson had a terrific quarrel with the young woman and killed her in a rage was brought out in court Wednesday morning. The damaging testimony which advanced a motive for the crime was given by Alex McDonald, night policeman and Roscoe C. Custer, Chief of Police of Conemaugh, who were in the Henderson home soon after the murder was discovered. As evidences of a fierce struggle, Mr. McDonald said that one leg had been ripped off the couch and was lying near by, that the heating stove in the room where the girl was found was off its base and that the stove pipe was separated and only a piece was sticking in the flue. All the cushions, he said, were piled on one chair. Chief of Police Custer testified as to the disarrangement of the girl's wearing apparel. Mrs. Henderson, mother of the defendant, was called to the stand. She said that there were no evidences of a struggle in the house, that the chairs and other furniture were all in their accustomed places. She told of going into the dining room, turning on the electric light and seeing the body on the floor. Fannie Henderson, a sister of the defendant, was next called and her testimony was practically the same as that of her mother. Jerry Rager who lives next door to the Henderson family told of being called out of bed to go to the Henderson home where he saw the body lying in the middle of the room. Max McDonald, the night policeman, was then put on the stand and offered the first testimony that seemed to indicate a motive for the crime. Mr. McDonald said he went to the Henderson home in company with Wallace Humphreys, that Mrs. Henderson and daughter were there, that the Davis girl was lying on the floor, and that he bathed her lips with water. He then told of the evidences of a struggle having taken place in the room. Chief of Police Roscoe C. Custer said he found the girl lying on the floor. Her right arm, he said, was up over her head, stretched out, while the left arm was lying down along her side. She was tossing her head and her hair was soaked with blood. Her limbs were straight although her toes were turned up as though from great pain. He then explained the disarrangement of her clothing. Mr. Custer said he found a jabot smeared with blood under the couch. The club he described as being about 1¼ inches long and two or three inches thick, covered with paper. The club was offered as evidence and examined by the jury. The case was opened for the Commonwealth Tuesday evening by Attorney Percy Allen Rose. After stating the particulars of the case briefly, he concluded by saying that the Commonwealth would ask for a first- degree verdict. The first witness called to the stand was Miss Mabel Davis, a sister of the murdered girl Miss Davis was very nervous and she frequently buried her face in her hands and handkerchief but she proved a good witness and told a clear story. She said her sister left home about 7:30 o'clock in the evening of the murder in company with Henderson whom she identified as he sat with his lawyers. The next time she saw her sister was when she was in the ambulance in Conemaugh. The witness said she went to the hospital. Her sister, she said, was unconscious, her neck was swollen, her clothing and her hair saturated with blood, her face and head were cut open, the skull being visible and she was almost unrecognizable. The garments worn by the girl stained with her blood were exhibited to the jury. Mrs. Eva Eppley who lives opposite the Davis family on Maple avenue, testified to having seen Henderson leave the Davis home on the evening of May 8 in company with Miss Fern Davis and that they were walking alone toward Johnstown. Jacob Kissell of Third street, Conemaugh, said he saw Henderson on the night of the murder at the corner of Second street and Locust street, Conemaugh, going toward the Henderson home with the girl. Mrs. Henderson, mother of the defendant, was put on the stand late in the evening. The attorneys found great difficulty in getting her to answer questions. Sometimes she would close her eyes and apparently refuse to answer. After much questioning and long waits, the attorneys elicited from her the information that she reached home between 9 and 10 o'clock in the evening, entered by the rear door and found the girl in the dining room. The girl was lying on her back and on her skirt was pinned a note saying, "Mother, this is Miss Davis." She had never met the girl before, she said, and her son had never spoken about her. The Commonwealth concluded its direct examination of witnesses on Wednesday evening and the real fight for the life of Henderson was begun with the opening of court Thursday morning. The defense is offering testimony to show that he is irresponsible because of the continued use of cigarettes and as a result of inherited insanity. Automobile Accident Charles F. Krodel, who has many friends in this place, was the victim of a sad accident. He and a friend were traveling in an automobile from York to Lancaster. In the darkness they approached a railroad crossing and ran into a moving train. Both Krodel and the driver were instantly killed and the gasoline in the auto set the train on fire. Mr. Krodel spent the last summer here and had charge of the orchestra at the Inn. When killed he was on his way to fill a musical engagement at Lancaster.