A story from 1931 of young teenage boys, who when caught committing a robbery at Bucher’s Barber Shop in Wiconisco, accused three Wiconisco men of sodomizing them. The way this was reported in the local and area newspapers was to avoid using the word sodomy by referring to the act as a “hideous perpetration of immorality,” a “lowering act,” “degeneracy,” and/or a “serious offense.” The case was prosecuted as a “serious charge.”
All three Wiconisco men were found guilty and sentenced to two to four years in the Eastern Penitentiary, but their sentences were reduced by the court so they could serve the time in the Dauphin County Jail. Almost immediately after sentencing, the men, through their lawyers, started proceedings to have parole granted. In all three cases, parole was granted resulting in greatly reduced jail time. Two of the men received parole as a result of petitions circulated in Wiconisco and Lykens supporting their release – petitions that were ordered by the judge after the prosecutor insisted that there was much “public indignation” against the men.
Only one newspaper referred to the “acts” as sodomy, the Lykens Standard of March 6,1921. And in an attempt at a double entendre, noted that the case was “brought to a climax” before the local Justice of the Peace.
Beginning with the article that appeared in the Lykens Standard, this post presents a history of the case through the reporting of local and area newspapers.
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From the Lykens Standard, March 6, 1931:
THREE HELD FOR COURT ON SERIOUS CHARGE
In what might be termed a most hideous perpetration of immorality practiced upon minor children, was brought to a climax before Justice J. Allen Barrett, Wednesday evening of this week. Upon the information of John P. Herman of the Pennsylvania State Police, warrants were issued by the local magistrate for George Mucher, 50, William Hoffman, 50 and Elmer Foster Sr., 63, all of Wiconisco, charging them with sodomy. The three defendants were placed under arrest Tuesday and committed to the Dauphin County Jail to await a hearing Wednesday.
Called to Wiconisco to investigate a robbery, the State Police with the excellent assistance of Chief of Police David Herb, and Constable Clarence Enders of Lykens, uncovered the lowering practice, when they took into custody, three small boys, one of whom confessed to the robbery charge. The boys were taken to the office of Squire Barrett, and there confronted the men whom they charged, with the result that warrants were issued immediately, charging them with degeneracy.
Wednesday evening, all three defendants pleaded guilty and the magistrate transcribed the testimony for the Commonwealth.
Public indignation wan high among the crowd who surged against the door of the miniature court room to find the doors locked and guarded by local police and officers of the State Police.
In disposing of the three cases, Justice Barrett was bitter in his denunciation of the defendants, and held them all without bail for court. However, Mucher and Foster posted $1000 cash with Mr. Charles Henninger, Clerk of the Courts of Dauphin County, who was present and they were subsequently released in bail. Hoffman was re-committed to prison. The three boys, all under 14 years of age, were committed to the Dauphin County House of Detention, to await action of the Juvenile Courts.
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From the Harrisburg Telegraph, March 4, 1931:
FACE SERIOUS CHARGES
Arrested on serious charged involving three 14 year-old boys, men who gave their names to police as George Bucher, Elmer Foster, 53, and William Hoffman, 50, all of Wiconisco will be given a hearing at 7 o’clock this evening before Justice of Peace J. Allen Barrett, Lykens. The men were arrested by State Trooper Herman who was investigating a robbery at Bucher’s Barber Shop.
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From the Harrisburg Evening News, March 4, 1931:
HEARING AT LYKENS TONIGHT FOR 3 MEN
A hearing will be held at 7 o’clock tonight before Justice of Peace Barrett, Lykens, for George Mucher, 50, Wiconisco barber shop proprietor; Elmer Foster, 63, and William Hoffman, 50, Wiconisco miners, who were arrested by State Trooper Herman yesterday on serious charges involving three Wiconisco boys all under 14. Evidence uncovered by Trooper Herman while investigating the theft of articles from Mucher’s barber shop led to the arrest of the three men.
The youths have been placed in the detention Home to await hearings at Dauphin County Juvenile Court.
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From the Harrisburg Telegraph, March 5, 1931:
HELD FOR COURT
Given a hearing before Justice of the Peace Barrett, Lykens, last evening, William Hoffman, George Mucher and Elmer Foster, all of Wiconisco, were held in $1000 bail each for court. The men were held on serious charges. Hoffman was committed to jail in default of bail. The others were released when they posted bonds.
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From the Harrisburg Evening News, March 5, 1931:
HELD FOR COURT TRIAL
George Mucher, 50, Wiconisco, and Elmer Foster, 63, were released under $1000 bail, and William Hoffman, 50, was committed to the Dauphin County Jail in lieu of $1000 bail, by Justice of the Peace Barrett at Lykens last night. They were arrested Tuesday by State Trooper Herman on serious charges involving three Wiconisco boys, all under 14 years of age.
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From the Harrisburg Evening News, March 21, 1931:
Pleas of guilty to serious charges were entered by Elmer Foster Sr. and George Mucher, of Wiconisco.
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From the Harrisburg Telegraph, March 21, 1931:
TWO PLEAD GUILTY
Pleading guilty to a serious charge, Elmer Foster Sr. and George Mucher, both of Wiconisco, will be called for sentence in the Dauphin County Court, March 27.
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From the Harrisburg Evening News, March 21, 1931:
COURT REDUCES SENTENCES OF 2 WICONISCO MEN
Revoking penitentiary sentences imposed yesterday, Judge Fox in Dauphin County Court today sentenced Elmer Foster Sr., 64, and George Mucher, 50, both of Wiconisco, to serve from one to two years in the Dauphin County jail and ordered them to pay a fine of $110 each, after they pleaded guilty to serious offenses with young boys.
H. E. Buffington, attorney, Lykens, protested against the change of sentence, but the court ruled that under the provisions of the Act of 1860, he could sentence them to the county jail. Judge Fox intimated that he did not wish to establish a precedent by sending to the penitentiary defendants charged with such offenses.
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From the Harrisburg Telegraph, March 28, 1931:
SENTENCE CHANGED
A sentence to the Eastern Penitentiary from two to four years on a serious charge was changed today in the Dauphin County Courts to from one to two years in the Dauphin County Prison for Elmer Foster, 64, of Wiconisco. He was charged with offenses against 13-year-of Wiconisco children. The sentence was changed today because of Foster’s advanced age.
George Mucher, held on the same charge, received a sentence of from two to four years in the penitentiary.
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From the Harrisburg Sunday Courier, March 29, 1911:
SENTENCED MODIFIED FOR WICONISCO MEN
Elmer Foster Sr., 64, and George Mucher, 50, both of Wiconisco, were sentenced from one to two years in the Dauphin County jail and ordered to pay a fine of $110 each, after pleading guilty to serious offenses with young boys. The sentences were imposed yesterday by Judge Fox in Dauphin County Court after penitentiary sentences, imposed on Friday, were revoked.
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From the Elizabethville Echo, April 16, 1931:
LIGHTEN SENTENCE FOR WICONISCO MAN
The Dauphin County Court last week, lightened the sentence of Elmer Foster, 64, of Wiconisco who had been charged with offenses against Wiconisco children of the teen age.
Foster had previously been sentenced to serve from two to four years in the Eastern Penitentiary but because of his age, the sentence was lightened to two to four years in the County Prison. George Mucher, also of Wiconisco, was sentenced to serve from two to four years in the penitentiary.
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From the Harrisburg Evening News, May 27, 1931:
WICONISCO MAN PUT ON TRIAL IN BOY CASE
William Hoffman, 50, of Wiconisco, was on trial in the Dauphin County Court today on serious charges preferred by two 13-year-old boys.
George Mucher, 50, barber, and Elmer Foster, 63, of Wiconisco, are now serving sentences in the Dauphin County Prison on similar charges involving the same boys. Both pleaded guilty on March 28 [1931] and were sentenced at first to serve from one to two years in the Eastern Penitentiary and to pay fines of $110 each. Their sentences were changed the following day and they were allowed to serve their sentence in the county jail.
Hoffman asked for a jury trial.
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From the Harrisburg Evening News, May 28, 1931:
MINER IS CONVICTED ON CHARGES OF BOYS
William H. Hoffman, 50, miner, of Wiconisco, was convicted by a jury in the Dauphin County Court today on two serious charges involving two 13-year-old boys. He will be sentenced later.
Hoffman is the third man to be implicated by the boys. George Mucher, 51, barber, and Elmer Foster, 63, both of Wiconisco, pleaded guilty to the charges in the March sessions of court and were sentenced to served from one to two years in the Dauphin County Jail and to pay fines of $110 each.
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From Harrisburg Evening News, June 1, 1931:
NEW TRIAL IS ASKED FOR WICONISCO MAN
Charging that H. E. Buffington, attorney, of Lykens, made prejudicial statements in his address to the jury, Homer L. Kreider, local attorney, today filed a motion for a new trial for William H. Hoffman, 50, miner, of Wiconisco, who was convicted last week in the Dauphin County Court of serious charges involving 13-year-old boys.
Kreider also contends that the conviction was against the evidence.
Hoffman was one of three men involved in the charges. George Mucher and Elmer Foster pleaded guilty in the March sessions of court and were sentenced to serve from one to two years in jail and to pay fines of $110 each.
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From the Harrisburg Telegraph, July 13, 1931:
JUDGE ORDERS POLL OF COMMUNITY ON PRISONER’S PAROLE
George Mucher, Wiconisco barber, whose petition for parole was heard today in Dauphin County Court was returned to the county prison while his case is held under advisement by Judge John E. Fox.
Mucher pleaded guilty March 27 to a serious offense against several small boys and was sentenced to from one to two years in the Eastern Penitentiary. The following day sentenced was changed to the same term in the county prison. Mucher, in his petition toady, said his wife needs his support. E. Leroy Keen, assistant district attorney, protested and said he knows the family well. He said there is so much feeling in the community against Mucher that he believes the parole would be inadvisable.
Judge Fox ordered a petition prepared for circulation among Wiconisco residents to learn their sentiment.
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From the Harrisburg Telegraph, July 20, 1931:
LYKENS MAN ASKS COURT FOR PAROLE
The petition for parole of Elmer Foster, 65, Lykens, filed today in Dauphin County Court, will be heard next Monday. Foster, sentenced March 27 [1931] from one to two years in the county prison on a serious offense against two small boys, presented a petition signed by one hundred residents of Lykens and Wiconisco asking his release.
George Mucher, who applied for a parole a week ago, and who was sentenced with Foster on the same charge, was ordered returned to prison until a petition was circulated among residents of the community to learn if they desired his release.
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From the Harrisburg Evening News, July 20, 1931:
ASK PAROLE FOR LYKENS MAN, 65
A petition for the parole of Elmer Foster, 65, of Lykens, was filed in the Dauphin County Court today. Hearing will be held Monday, July 27.
Foster was sentenced on March 27 to serve from one to two years in the Eastern Penitentiary after he pleaded guilty to charges involving boys. The next day to sentence was commuted to permit him t be confined in the local prison.
The petition cites that Foster’s health was affected by his confinement and that because of his age further incarceration may prove of serious consequences. It was also indicated that a petition was signed by nearly 100 residents of Lykens and Wiconisco, joining in the request for the pardon.
Last week, Judge Fox denied a parole to George Mucher, barber, of Wiconisco, who pleaded guilty to similar charges with Foster and was sentenced to a similar term at the same time.
Judge Fox suggested last week that the sentiment of the community be determined by petition. Assistant District Attorney Keen explained that there is still considerable sentiment against the men in that vicinity.
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From the Harrisburg Telegraph, July 28, 1931:
HEARS PAROLE PETITION
A petition bearing the signatures of 100 residents of Lykens, asking the release from jail of Elmer Foster, 65, Lykens, was presented in Dauphin County Court late yesterday. Foster was sentenced to serve from one to two years in the county jail, charged with a serious offense against two small boys. Judge John E. Fox is holding the matter under advisement.
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From the Harrisburg Evening News, July 28, 1931:
DELAYS DECISION ON PAROLE OF WICONISCO MAN
The parole of Elmer Foster, 65, of Wiconisco, who is serving from one to two years in the Dauphin County Jail, was held under advisement by Judge Fox yesterday pending the examination of Foster by Dr. G. G. Snyder, prison physician.
Foster was sentenced on March 27 [1931] after he pleaded guilty to a serious offense involving two small boys. On the witness stand yesterday, Foster claimed that confinement has seriously affected the condition of one of his feet, which was injured in a mine accident. A petition recommending parole, of 100 residents of Lykens and Wiconisco, was presented. Judge Fox ordered that Doctor Snyder examine Foster and report to the court.
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From the Elizabethville Echo, July 30, 1931:
CONSIDER PARDON TWO WICONISCO MEN
A petition signed by a hundred residents of Lykens and Wiconisco asking parole for Elmer Foster, 65 of Wiconisco, was presented to the Dauphin County Court last week.
On March 27th, Foster was sentenced to serve from one to two years in jail, after pleading guilty to a serious offense which concerned young boys of that community.
When he appeared on the witness stand Monday, Foster declared that his jail confinement is seriously affecting the condition of his foot which was injured in a mine accident.
Judge Fox, who heard the case, held the parole under advisement and ordered Dr. Snyder, prison physician, to examine Foster. He withheld his decision until he receives a report from the physician.
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From the Harrisburg Telegraph, September 19, 1931:
COURT FREES TWO ON PAROLE PLEAS
George Mucher, 50, and Elmer Foster, 63, both of Wiconisco and both sentenced to from one to two years in the county prison on charges of serious offenses against two small boys, were paroled today in chambers by Judge John E. Fox. Both men pleaded guilty March 27 [1931] and were sentenced to the Eastern Penitentiary but the sentence was later changed to the county prison.
William Hoffman, charged of a similar offense, stood trial and was convicted. He also was sentenced to the county prison.
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From the Harrisburg Evening News, September 19, 1931:
TWO WISCONSIN MEN ARE PAROLED TODAY
George Mucher, Wiconisco barber, and Elmer Foster, 65, Wiconisco, were paroled by Judge Fox in the Dauphin County Court today. The men pleaded guilty to serious charges involving young boys, and were sentenced March 27 to serve from one to two years in jail, and to pay a fine of $100 each.
William Hoffman, also involved in the charges, was convicted in the May session of court, but he moved for a new trial. His case is still pending.
Parole for the men was refused at a previous hearing. At that time Judge Fox intimated that he would not parole the men until sentiment of the community is tested. Petitions of residents of the community, asking for the parole, were presented.
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From the Lykens Standard, September 25, 1931:
COURT PAROLES TWO IN JAIL SINCE MARCH 27
Two Wiconisco residents, George Mucher, a barber, and Elmer Foster, 65, were paroled by Judge Fox in Dauphin County Court Saturday.
They were sentenced March 27 to serve from one to two years in jail, and to pay a $100 fine.
William Hoffman, who stood trial on a similar charge, was convicted in the May session of court, but he has asked for a new trial. His case is still pending.
At a previous hearing Judge Fox refused a parole. At that time Judge Fox indicated that he would not parole the men until sentiment of the community was ascertained. Petitions of residents of the community, asking for the paroles, were presented to the Court.
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From the Elizabethville Echo, September 24, 1931:
TWO WICONISCO MEN GRANTED PAROLES SATURDAY
After serving nearly six months of their jail sentence, Elmer Foster and George Mucher, both of Wiconisco were granted paroles in the Dauphin County Court, Saturday, by Judge Fox.
The men were sentenced March 27 [1931] to serve from one to two years in jail on charges which involved young boys. In addition to the jail sentence, the men were ordered to pay a fine of $100 each.
William Hoffman, held under the same charges was convicted in the May term of court. Because he appealed for a new trial, his case is now pending.
At a previous hearing before the court, the men were refused a parole when the Judge said he would not grant the paroles until the community expressed its sentiment. Residents of Wiconisco then signed petitions for the parole, which were presented to the court.
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From the Lykens Standard, March 11, 1932:
WILLIAM HOFFMAN GRANTED PAROLE
William Hoffman, formerly of Wiconisco, but now of Schuylkill County, was granted a parole in Dauphin County Court Monday. Hoffman was sentenced to serve from six months to twelve months on a moral charge. The petition set forth that Hoffman’s wife, who is in ill health, needs his financial support. He was placed under parole for a year.
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