Part 2 of 6. In October 1881, new trials began for Henry Romberger and Frank Romberger, who had been previously been convicted of the murder of Daniel Troutman; the new trials were granted because of problems with the instructions the judge gave to the jury in the first trial. In the end, both were again found guilty of murder in the first degree. This series of posts follows the second trials through to their conclusion, including the death sentences imposed by the court. The newspaper articles describing the trials are from the Harrisburg Telegraph.
For all other parts of this series on the second trials, see: Second Trials of Henry Romberger, etc.
For all parts of the series on the first trial, see: First Trial of Henry Romberger & Frank Romberger.
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From the Harrisburg Telegraph, 18 October 1881:
THE SECOND EFFORT
TO SAVE HENRY ROMBERGER FROM THE GALLOWS
Tracing Henry Romberger’s Course from Tower City to Uniontown
How the Murder was Committed
At the conclusion of Mr. Hollinger’s opening address, yesterday afternoon, the Commonwealth presented its first witness in the person of Dr. J. J. Reed, of Uniontown. He testified that he knew Daniel Troutman and was called to Troutman’s house on the night of November 14th, the night of the murder. He found Troutman dead from the effect of a gunshot wound. The next day, Dr. B. H. Leinbach and himself made a post mortem examination, and found that the ball had massed through the lung and that a vein had been cut near the heart. Death ensued from hemorrhage produced by the ball. The vein, witness said, conveyed blood from every part of the system to the break, and death would ensue in about a half hour after it had been cut.
Dr. B. H. Leinbach’s testimony was corroborative of Dr. Reed’s.
The Commonwealth then tracked the defendant from Tower City, where he hired a gray mare from Joel Shadel on the afternoon of the 14th of November, to Shibely’s Hotel, two miles below Lykens, on the road to Uniontown, near where the murdered man lived. Joel Shadel, who hired the defendant the horse, John Shibely, Mary Shibely and Mary Kenter were the witnesses who traced the carriage to the point where the Commonwealth brought it when court adjourned until this morning.
This Morning’s Session.
At nine o’clock Judges Henderson and Pearson ascended the bench, and without any delay the case went on by the Commonwealth calling Frances Romberger. She knows Henry Romberger and Frank Romberger and saw them on the 14th of last November below Lykens, near Shibely’s. Henry Romberger was in a closed carriage drawn by a gray horse. Frank was on foot when she first saw him, but he got in the carriage with Henry afterwards. Mr. Muench cross-examined the witness very closely, but she did not vary from her direct testimony.
Joel Reubenthal was in Lykens of November 14th. He left Lykens about 5 o’clock in the evening to go to Uniontown by the way of Loyalton. While driving he passed several carriages which were going the same way as he was. One of these he passed was a closed carriage drawn by a gray horse. In this carriage were two men whom he did not know. The defense did not cross-examine.
Harry Snyder was out driving on November 14th. He went from Berrysburg to Lykens, arriving at latter place about 5:30 o’clock. About two miles below Lykens he met a closed carriage, drawn by Joel Shadel’s gray horse, going towards Loyalton.
John Dietrich knows Henry Romberger and Frank Romberger. He saw them the day Troutman got killed, about two miles below Loyalton. They were in a closed carriage drawn by a gray horse. The witness knew the horse as belonging at Tower City. On Cross-examination the witness said he did not speak to the defendants when he passed them, neither had he taken any strong drink on that day.
Charles Yohe lives two miles below Lykens. He knows Shadel’s gray mare. On November 14 he saw Henry Romberger and another man pass his house. They were in a closed carriage drawn by Shadel’s mare. Henry was driving. He recognized Henry but not the other man. The cross-examination failed to change his direct testimony.
Charles Wise was driving on November 14, in the afternoon. He went from Uniontown towards Lykens, and then turned back. He met the Shadel mare on the way going towards Uniontown, between 6 and 7 o’clock. The carriage was closed, so that he could not see the inmates. The weather was fine and the moon was shining.
Daniel Herman gave his testimony in German, Juror Allen acting as interpreter. He was driving on November 14th. He met a closed carriage drawn by a gray horse. He did not see the inmates, but heard them talking and by their voices judged they were men. At Uniontown Gap the gray horse and wagon went to the right and the witness to the left. This was about 7 o’clock. The cross examination elicited nothing new.
John E. Boyer was driving on November 14th with Daniel Herman. His evidence was corroborative of that of the preceding witness.
Peter Bubb lived with Jacob Hoffman on the other side of the Uniontown bridge. The road he lives on leads from Uniontown to Clingerstown [Klingerstown]. He was at home November 14th, and heard Daniel Troutman’s murder about two o’clock on Monday morning. The witness saw a closed carriage drawn by a gray horse pass their house about 7 o’clock in the evening, but did not see the inmates.
Elias Bush was on the Clingerstown [Klingerstown] Road about one and three-quarter miles from Daniel Troutman’s. He hear of Troutman’s murder soon after it occurred. He saw the two men driving by his house on November 14th. They were in a closed carriage drawn by a gray horse.
Ferdinand Wagner lives at Mahantongo, about one-half mile from Troutman’s. The day Troutman was buried he was in Maser’s field and saw the track of a light wagon leading from the road into the field through the bars. From the track the wagon was drawn by one horse. The cross-examination was very long, but did not alter the witness’ direct evidence.
John Maser corroborated the preceding witness about seeing the wagon tracks. He also testified that the bridge leading over the Mahantongo creek was in a bad condition, and that Daniel Troutman’s could be reached by driving through the field easier than over the bridge.
George Troutman is a son of Daniel Troutman. He has a brother named Lincoln Troutman and a sister named Kate Troutman, who lived at home. He knows Henry Romberger, and saw him at the Troutman house on Wednesday before the murder. Henry came into the field to borrow money from his father. The witness heard Henry ask his father for $50. His father refused to give it. This took place about noon. Shortly afterwards George, his father and Henry went to the stable. Witness was the last person to whom Henry talked to before he left. He said to the witness that he should tell Lincoln and Kate to be sure to go to singing school on the next Sunday evening, as he, Henry, would be there. Lincoln and Kate did go to the singing school the following Sunday night. When they left his father was alive; when they returned he was dead. Mr. Muench labored to have the witness contradict himself as to the time, but he maintained it was Wednesday, November 10th when Henry came to their place.
Daniel Boner testified that as constable he made a sale on October 14th, at which Henry Romberger was present. The sale was made by Daniel Troutman as administrator of Jacob Bush Sr. The money realized at the sale amounted to $388.23, which was paid to Troutman. Henry Romberger was close by when the witness and Daniel Troutman were talking about the money.
Elizabeth Troutman is the widow of the murdered man. She knows Henry Romberger. On Wednesday, November 10th, he came to the Troutman house, but she did not hear any conversation between him and her husband. The witness has had fifteen children but only three were living home when Mr. Troutman was killed. When the murder took place only one child, George, was in the house. The other two were at singing school. They came home after Troutman was dead. On the night of the murder the witness and her husband went to bed about 8 o’clock. Shortly after the witness fell asleep she was awakened by hearing some one walking around the kitchen and whispering. Then two men came into the bedroom. One stood by the bed and the other by the stove. One of the men called to Troutman to get up, but he not hearing, the witness pushed her husband and told him some one was calling. Her husband said, “who is there?” They said, “never mind.” He wanted to get out of bed, but they would not let him. Finally they let him go to the window, pointing the pistol at his breast. He then jumped upon the bed, and seizing an old gun, told the men to clear out. They then ran out. When the men first came into the room they demanded money. Troutman said he had none. They said, “yes, you have other people’s money.” At this time one of the men had a pistol in his hand. When the men ran out of the house one turned to the left and the other to the right. Troutman followed the man who went to the left. The witness then soon heard a gun shot. It was followed by a pistol shot and she heard some one groan. She looked out and saw it was Troutman. After this she locked herself in the house, fearing they would murder her. Afterwards she went out the door and up the garden. The one called out “there she goes; now we must follow her.” The witness ran to Gise’s house and told of the murder. The Gises then returned to the Troutman house. Troutman was lying on his face in the garden. Gise asked Troutman what was the matter, but got no answer. Tro9utman was then carried into the house after which Gise went home, but returned in a few minutes. All this time Troutman laid in a bed breathing very short; blood come out of his nose., mouth and breast; this breathing kept getting shorter.
Mrs. Troutman was here withdrawn from the stand temporarily.
Henry Gise was next sworn. He said Troutman was killed November 14th. The first he knew of it was hearing a gun shot. He and his wife then got up, and heard Mrs. Troutman called them to come over. They went over and found Troutman lying on his face in the garden. He was bleeding and his breathing was hard. The witness and his son carried Troutman into the house. He then went home for a few minutes and returning spoke to Troutman. Troutman’s breathing at this time showed death was very close.
Mary Gise, is the wife of the preceding witness. On the night of the murder whe heard a heavy shot followed by another. Then she heard groaning and Mrs. Troutman calling “Gise, Gise.” She and her husband answered and went back with her to the Troutman house. They found Troutman lying on the ground, shot. Troutman was carried into the house, and then spoke for the first time. When Witness first saw Troutman there was gurgling in his throat, blood was flowing from his nose and mouth and his breath was short.
At this point the Commonwealth proposed to give in evidence through Mrs. Troutman and Mr and Mrs. Gise the dying declarations of Daniel Troutman. Mr. Muench objected to the evidence as inadmisable, and was proceeding to argument when the court took a recess until two o’clock.
This Afternoon’s Session.
After the recess at noon Mr. Muench began his argument for the exclusion of Daniel Troutman’s dying declarations. He laid it down as a general proposition that declaration can only be received when they come from persons whose life is so far gone that there is no hope of recovery, and who at the same time is so conscious that he can know what he is saying and can have a proper understanding of his condition. A number of authorities were read going to show that the Commonwealth must produce evidence to show that the victim was conscious of his condition.
Mr. Muench spoke only a few minutes, and was about to be followed by District Attorney McCarrell, when the court said they had no doubt on the question of admitting the declarations, and accordingly ordered them to be received.
Mrs. Troutman, Mr. Gise and Mrs. Gise were then recalled and severally testified that Daniel Troutman said a few minutes before he expired. “Hen Romberger shot me,” and that he did not know the man who was with Henry, that he was a stranger.
Lincoln Troutman, a son of the murdered man, said that he was absent from home when his father died. He was at singing school. The gun that hung above his father’s bed usually, he found lying in the garden. He had loaded the gun the day before the murder with No. 3 shot.
John H. Martin lives in Lykens. He said that about 11 o’clock on the night of November 14th a closed carriage drawn by a gray horse that came from the direction of Uniontown stopped in front of his house. A man got out and walked up toward Frank Romberger’s house. The carriage then went up the road towards Tower City.
Lewis Kniley Jr., lives at Lykens. On the day before Troutman was shot he met Frank Romberger in a saloon in the borough. Frank had a pistol of thirty-two caliber.
Henry Williard was the constable at Uniontown last November, and arrested Henry Romberger the day after the murder and brought him to Harrisburg and put him in jail. The next morning the witness and Benjamin Dockey went to the jail to see Henry. At this point the witness was subjected to a long examination by the defense, the object being to discover whether he had extorted a confession from the defendant by threats or promises. Constable Williard then testified that when he went to the jail on the morning following the arrest told him that Jim Romberger was concerned in the murder, and that Jim lived opposite Dr. Smith. The witness then arrested Frank, but Frank was discharged by the justice at Lykens. The witness then returned to Harrisburg and told Henry he had not told the truth. Henry replied he had made a mistake is he said Jim. It was Frank Romberger. A new warrant was then taken out and Frank rearrested. Subsequently the witness and others visited Henry at the jail. Henry then made a full confession. The confession was then detailed by the witness exactly as it has been published in the TELEGRAPH on several occasions. It agrees exactly with the testimony so far adduced by the Commonwealth, Henry, however, taking particular pains to show that Frank and not himself did the shooting.
The Jury Out for an Airing.
The jury for the trial of Henry Romberger, attended by two tipstaves, one in front and the other in the rear, had a promenade this morning, up Third to State, thence to Second, and thence to Market to the court house. J. E. Allen headed the jury, the members of which marched with a steady, solemn step, very few people understanding what the display meant. The jury, as a body, looked exceedingly well on the sidewalk.
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From the Harrisburg Telegraph, 18 October 1881:
The Romberger jury is composed of two bakers, four farmers, one moulder, one teacher, one miner, one miller, one blacksmith, and one of no occupation.
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News articles from Newspapers.com.
Corrections and additional information should be added as comments to this post.