In September, 1926, an auto crashed into a crowd of about 500 persons attending a block party at Tremont, Schuylkill County, Pennsylvania, killing one and injuring 15 others, including many children The driver was charged with murder instead of manslaughter because it was claimed that he was intoxicated. In his defense, the driver claimed that the borough had not properly protected the area and there was little or no warning to motorists that the area was blocked to traffic. The case went to trial, the evidence was heard and the jury retired to determine a verdict. Then, suddenly, before the verdict was reached, one of the jurors collapsed. The jury had to be dismissed and the case continued until the next session.
In the 1920s, the “rules of the road” were not sufficiently adapted to the fact that “machines” [autos] were becoming the primary mode of transportation on the public roads. These “machines” could travel many times faster than horse-driven vehicles and could do much greater damage on impact. This is also a case of a supposedly intoxicated driver – during Prohibition. But that does not seem to be an issue in the trial. What is at issue is that this is an early example of murder charges brought against someone who was operating a motor vehicle while under the influence of alcohol.
The story is told here through newspaper articles of the time. As for the result of the re-trial, readers will have to wait for Part 2, which will be published shortly.
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From the Harrisburg Evening News, September 11, 1926:
GIRL TEACHER KILLED, SCORE HURT AS AUTO RUNS WILDLY INTO TREMONT BLOCK PARTY
TREMONT, September 11 [1926] — One person was killed, four others were seriously injured, and nearly a score of others were hurt last night when an automobile, said to have been operated by a drunken motorist, plunged wildly through a crowd of several hundred merrymakers at a block party before coming to a stop against a telephone pole.
Miss Irma Freeze, 19-year-old Llewellyn school teacher, was the person fatally injured. She was almost instantly killed when she was crushed against a band stand by the machine.
Those seriously injured were Joseph Golden, 6, of this place, who was admitted to Warren Hospital, Pottsville, suffering with a fracture of the scull; George Spittle, 20, of Reinerton, the driver of the machine, fractured scull and other injuries; Uriah Wise, 24, Reinerton, probable fracture of the skull and lacerations of the face and John Jessko, 23, Reinerton, compound fracture of the arm.
Charges of murder were preferred this morning against Spittle, Wise and Jessko, occupants of the automobile, by Harry Haag, borough solicitor. Warrants issued by Burgess Harry L. Huff were to be served by him this morning on the accused trio who are patients at the Pottsville Hospital. An additional charge of driving an automobile while under the influence of intoxicating liquor was preferred against Spittle. All three youths were drunk when the accident occurred, according to the burgess, and several empty bottles were found in their machine. They are under guard at the hospital.
Others of the more seriously injured were: George Wergley, 32, of Tremont, broken arm; Mrs. Florence Focht, Tremont, possible fractured leg; Anna Sager, 1; Verna Adams, 9; Pearl Thomas, 10; Harold Betz, 10; Marion Reber, 12, and Katharine Sheaffer, 9, all of Tremont.
Driving Rapidly
The men, according to witnesses, were driving through the borough at a rapid rate of speed, and are said to have come from Tower City. All are employed as miners.
The block party into which they crashed was being held in front of the American Legion Home, and more than 500 persons were gathered there.
A patrolman noticed the speeding car, but his signals were disregarded, and he just stepped back in time to avoid being struck by the car. The car went crashing through the crowd, knocking over all in its path. The car tore a heavy rope, and this is believed to have knocked Spittle unconscious.
Miss Freeze, who was selling tickets after having finished dancing, was crushed against the support of a band stand after the automobile had veered from a telephone pole.
— George Spittle, of Reinerton, will be arrested on a charge of manslaughter as the result of an automobile crashing into a crowd dancing at a block party at Tremont a month ago. A school teacher was killed.
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From the Lykens Standard, September 17, 1926:
REINERTON MAN ALLEGED INTOXICATED RUN AUTO INTO BLOCK PARTY, KILLING SCHOOL TEACHER AND INJURING MANY
An intoxicated driver of an auto added another fatality to the ever growing list last Friday evening at Tremont, when George Spittle, 20, of Reinerton, ran his car into a crowd of several hundred which had gathered in celebration at a band “block party.”
The victim of the happening was Miss Irma Freeze, a graduate of Bloomsburg High School and the West Chester Normal, and this term was employed in Llewellyn, where she was a member of the faculty. Miss Freeze taught school that day, and after dismissal came to Tremont to visit her uncle and aunt, Mr. and Mrs. W. H. Hoff.
George Spittle, 20, and driver of the car, and Uriah Wise, 24, both of Reinteron, are alleged to have been intoxicated. They were accompanied by John Jessko, 23, also of Reinteton, whom authorities say was not intoxicated. The young men were out for a “joy ride” and approached Tremont from Broad Mountain. Their race thru the town caused residents to call to them to beware of the street being roped off for the block party, but their travel was so swift that they reached the ropes before they could be warned.
Occupants Thrown from Car
When the car reached the roped-off section, the car darted under the rope and the occupants, caught on the rope by their necks were jerked from the seats of the car and thrown to the ground. The car continued its journey about 200 feet running a see-saw course and ended in the crowd of merry-makers who felt they were perfectly safe in participating in the street event.
Miss Freeze Killed
Miss Freeze, who was in the crowd was pinned against the band stand by the car. Her injuries consisted of a broken pelvis, broken back, punctured lung and internal injuries. Her death was almost instant.
Many Hurt in Car’s Race
While traveling into the crowd in see-saw fashion the car ran ran over a number of persons, and the street festivity took on a scene of a battle field. Cries from the injured and wounded sounded thruout the crown. Among the major injuries to persons reported were:
Joseph Golden, 6, who was seriously injured in sustaining a fractured scull. He was rushed to the Pottsville Hospital that evening and underwent an operation at 12 o’clock in an effort to save his life. His condition yesterday was reported as favorable.
George Wergley, 32, of Tremont, broken arm; Mrs. Florence Focht, Tremont, torn ligament of the leg; Anna Sager, 1, fractured leg; Verna Adams, injuries of the body and probable fracture of legs; Pearl Thomas, 10, fractured legs; Harold Betz, 10, fractured leg; Chief Burgess Harry Hoff, injuries of the knees and body lacerations and contusions; Marion Reber, 12, and Katherine Sheafer, 9, both lacerations and contusions.
Driving Rapidly
The men, according to witnesses, were driving through the borough at a rapid rate of speed, and are said to have come from Tower City. All are employed as miners.
The block party into which they crashed was being held in from of the American legion Home, and more than 500 persons were gathered there.
A patrolman noticed the speeding car, but his signals were disregarded, and he just stepped back in time to avoid being struck by the car. The car went crashing through the crowd, knocking over all in its path. The car tore a heavy rope, and this is believed to have knocked Spittle unconscious.
Miss Freeze, who was selling tickets after having finished dancing, was crushed against the support of a band stand after the automobile had veered from a telephone pole.
Charges of murder were preferred Saturday morning against Spittle, Wise and Jessko, occupants of the automobile by Harry Haag, borough solicitor. Warrants issued by Burgess Harry L. Huff were to be served by him this morning on the accused trio, who are patients at the Pottsville Hospital. An additional charge of driving an automobile while under the influence of intoxicating liquor, was preferred against Spittle.
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From the Lykens Standard, October 15, 1926:
REINERTON YOUTH TO FACE TRIAL
George Spittle, of Reinerton alleged driver of the car which plowed through a block party at Tremont several weeks ago, was held for responsibility in the death of Iva May Freeze, twenty-one-year-old school teacher of Llewellyn, by a coroner’s jury last Tuesday evening at Minnich’s Hotel, Tremont. Deputy Coroner J. W. Schultz, of Tremont, contacted the inquest and District Attorney C. M. Palmer and a court stenographer were present. Only a few of the witnesses were called to testify at the inquest as the case will be brought up in the November term of court, when Spittle in all probabilty will face a charge of manslaughter. Two other occupants of the machines are being held as material witnesses. The jury was composed of Z. Minnich, Wilson Schaeffer, Samuel Mack, James Derr, Walter Smith and George Blass.
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From the Pottsville Republican, May 3, 1927:
BLOCK PARTY DEATH TRIAL
The second murder trial of the May term of Criminal Court was called Tuesday afternoon, when George Spittle, of Tremont, was placed on trial before Judge R. H. Koch, on the charge of killing Miss Ida Freeze, of Llewellyn, at that place, last year, when he lost control of the machine he was driving and crashed into a block party which was being held on the main street of that town.
The girl died in the ambulance as she was being rushed to the Pottsville Hospital. It is alleged that Spittle came down the hill into Tremont at a high rate of speed, ran through the ropes that had been placed to close the street, and besides killing the Freeze girl, injured several others.
Harvey Huff, chief burgess of Tremont, is the nominal prosecutor.
Deputy District Attorney M. F. Duffy is prosecuting on behalf of the state while Spittle is being defended by A. D. Knittle.
The state will ask that a second degree verdict be brought in. Inasmuch as no first degree verdict is being pressed for, it is not thought there will be much trouble in obtaining a jury.
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From the Pottsville Republican & Herald, May 4, 1927:
ON TRIAL FOR KILLING WOMAN WITH AUTO
Pottsville, May 4 — Charged with second degree murder for the killing of Irma M. Freese, at Tremont, on September 19th, last, when George Spittle‘s automobile crashed into a crowd and injured fifteen other people in addition to killing the young woman. The crowd was attending a block party when the accident occurred and owing to the gross negligence and the terrible results of the accident a verdict of second degree is being pressed for by Deputy District Attorney Duffy, who is trying the case, when in most cases the charge pressed is simply that of manslaughter.
In his address to the jury, Deputy District Attorney Duffy told of the circumstances surrounding the fatal accident, which have to date been corroborated by the evidence.
Much care was exercised in the selection of a jury, the commonwealth challenging many and the defendant’s attorneys challenging their limit, when Miss Jennie Sharp, the twelfth juror was selected. The jury is not impounded but were warned by Judge Koch not to talk to anyone about the case while the trial was under way.
The commonwealth charged that the automobile containing Spittle and two of his companions swept across a railroad crossing, by a traffic policeman, who attempted to halt the speeding machine and swept through a cordon of bystanders and a rope stretched across the street to warn autoists of the danger, It is alleged that Spittle was driving the car at from 35 to 45 miles per hour and in a reckless manner.
The prosecutor, Harvey Hoff, Burgess of the town of Tremont, testified that he had ordered precautions taken against such accident and had stretched the ropes and placed lanterns there. A large arc light was also burning o the corner where the machine dashed through o the way to destruction. It was ascertained at the office of Dr. Fegley, where Spittle was arrested after the accident, that the trio had been drinking hootch or moonshine.
Dr. Schultz, of Tremont, testified that Miss Freese had been brought to his office after the accident and that she was suffering from internal injuries and shock. She was bleeding from the mouth, indicating punctures of the lung. He summoned the ambulance for her removal to the hospital and the machines had not proceeded very far when it returned and the nurse informed the doctor that the patient had died.
Jurors sitting upon the case are C. H. Boyer, Mahanoy City; William Graeber, Ashland; James McCarthy, Mechanicsville; Daniel Wolfe, Shenandoah; Enos Glazer, Pottsville; Frank Coady, Mahanoy City; S. S. Schwalm, Pine Grove; James Devitt, Orwigsburg; James Hartzell, Butler Township; Harry Brachman, Schuylkill Township; and Peter Kenney, Cass Township. [Note: see above, 12th juror, Jennie Sharp].
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From the Pottsville Republican, May 4, 1927:
TREMONT RESIDENTS TESTIFY TO CRASH OF AUTO INTO CROWD
The taking of testimony was started in the murder trial of George Spittle before Judge R. H. Koch, the result of a fatal automobile accident at Tremont last September, when Irma May Freese was struck by the defendant’s automobile, and died as the result.
Fifteen people were injured when the defendant’s automobile crashed into a crowd of merry makers at a block party which was in progress on Main Street at Tremont.
The Commonwealth is asking for the conviction of Spittle on second degree murder. in most cases in which death results from automobile accidents, a verdict of manslaughter is asked, but so much importance is attached to this case, that a high degree is being pressed for by Deputy District Attorney Duffy, who is representing the Commonwealth.
The opening address to the jury was made by District Attorney Duffy in which he outlined the fatal accident most effectively to the jury.
Extraordinary precaution was taken by both sides in the selection of the jury. The defendant’s counsel, A. D. Knittle had exhausted his challenges when the name Miss Jennie Sharp was called juror. She was accepted by the Commonwealth as the twelfth juror, and the defense had to agree….
Before releasing the jury of the night Judge Koch told them that he could order them locked up, but that he did not wish to deprive them of their liberty. he warned them, however, to speak to nobody about the case or read anything about it.
A block party for the benefit of the band was in progress at Tremont on the night of September 10th of last year. Spittle and two companions crowded into a Ford roadster dashed down the hill from the western approach from the town, and crashed into the crowd gathered in the street.
It is alleged that they swept by a railroad crossing watchman, sped by a traffic cop on duty to warn automobiles of the block party, swept through the ropes placed across the street on which lighted red lanterns were hung, and dashed into the crowd. It is alleged that they were going at between thirty-five and forty-five miles per hour, and could not control the car.
Harry Hoff Testifies
Harvey Hoff, chief burgess of Tremont, the nominal prosecutor in the case, was the first witness called. He told of having the street roped off, and said that red lanterns were hung on the suspended ropes. He also said that a large arc light illuminated the corner where Spittle and his two companions dashed through the ropes on their ride of death.
The chief burgess stated that when they went to the office of Dr. Fegley, where Spittle was taken after the accident, that one of the men in the car was asked in his presence what the trio had been drinking that he had replied they were drinking hooch.
Dr. Schultz on Stand
Dr. Schultz of Tremont, was the second witness to take the stand. He told of Miss Freese being brought to his office with others injured. He said she was suffering from shock and that she had been internally injured. He said she was suffering from shock and that she had been internally injured. He said she was bleeding from the mount, and that he believed that her lungs had been punctured, and ordered her removed to the Pottsville Hospital.
Dr. Schultz told of the arrival of the ambulance of the Pottsville Hospital. “The ambulance had not been gone far, when it returned and the nurse told me that the patient had died,” said the doctor. He further examined that he had examined Miss Freese and pronounced her dead.
Dr. Fegley Called
Damaging evidence was given against Spittle by Dr. T. C. Fegley when he was called by the State Wednesday morning. Dr. Fegley stated that Spittle’s breath smelled distinctly of alcohol and that it was his opinion that Spittle was under the influence of liquor.
Dr. Fegley stated that both Spittle and Wise vomited in his office, and that Spittle was not rational but wanted to fight and had to be controlled.
Dr. Fegley, aside from treating both Wise and Spittle and other victims of the accident, was a witness to the accident himself. He said that he had left his home and was on his way to the American Legion Home, he being the Post Commander, when he saw the flash of an automobile light in the street. He said he thought this strange, and the next instant the lights of the rapidly moving machine were upon him and he had to leap to the right side of the street. He missed being injured, the car turning to the left and crashed into the crowd at the platform which was erected in front of the Legion Home. Dr. Fegley said that so many people were injured that he had at first thought of turning the Legion Home into an emergency hospital, but later sent the injured to the offices of the various physicians.
Dr. Fegley said in reply to questions from Judge Koch that the square had been roped off, that red lanterns had been hung on the ropes and that strings of lights had been stretched across the street. He said that the square was brilliantly illuminated and that the lights could be seen at a great distance.
Henry Hoke on Stand
Henry Hoke, another witness of the fatal accident, took the stand and he gave the same version of the accident as other witnesses. He laid stress to the roping off of the streets, the placing of the red lanterns, and the fact that the entire block was brilliantly illuminated.
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From the Pottsville Republican & Herald, May 5, 1927:
EVIDENCE IN AUTO KILLING VERY STRONG
Pottsville, May 5 [1927] — Circumstantial and positive evidence was adduced by the Commonwealth in the presentation of its case against George Spittle, of Reinerton, who is on trial before Judge R. H. Koch, for the killing of Irva Freese, to show that Spittle and several of his companions who were with him in his car on the fatal night, were intoxicated, or sufficiently under the the influence of liquor to render them dangerous to the community.
It has also been shown by the witnesses that the car of this defendant, which crashed into the crowd surrounding a medicine show at that place, was also travelling at an alarming rate of speed and violating all the regulations which are applied in boroughs, at all times, in addition to the additional care required on roped streets and in the face of danger signals and traffic regulations.
Wellington Dull, a crossing watchman on duty at the railroad crossing near the scene of the accident on the fatal night, testified that about nine o’clock on the fatal night he saw the death auto speed across the tracks at tremendous speed. He contented that the machine was going so fast that when it struck the tracks it was thrown by a five inch raise clear over the second track. He said the exact time was about ten minutes to nine, and contended that he had looked at his watch so that a report could be made out to the company.
The defense in the case is that the ropes which were placed across the street could not be seen and were driven into by other drivers on the fatal night, before the accident. It was also contended that the danger signals were placed where they could not be seen and that the traffic officer was not on duty at the time of the accident. The defendants presented a formal denial of the chard of drunkenness and carelessness and contended that the automobile was traveling at the customary rate of speed.
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From the Pottsville Republican, May 5, 1927:
CLAIM GUARD NOT ADEQUATE
After producing what looks like a strong case against George Spittle of Reinerton, who is on trial before R. H. Koch on the charge of murder in connection with the killing of Miss Irma May Freese of Llewellyn, at Tremont, last September, the Commonwealth has rested its case.
The Commonwealth: Deputy District Attorney Duffy, representing the State, has succeeded in having shown that Spittle was under the influence of liquor at the time of the accident. The State has also shown that the death automobile was traveling at a high rate of speed.
Among the last witnesses called by the Commonwealth was Wellington Dull, Reading Railroad crossing watchman who was on duty the night of the fatal accident. Dull testified that he was at his post of duty at about nine o’clock on the fateful night, and that he hears yells at the upper end of the street. He said that he looked up and saw an automobile approaching the crossing at a high rate of speed.
The witness explained the high rate of speed at which the machine was traveling when he said the car struck the west tracks, where there is a five inch raise, due to a curve in the railroad, the machine was traveling at such a rate of speed that it leaped across the tracks without touching the second pair of tracks in the east.
Dull told a good story. He fixed the time as between twelve and ten minutes of nine o’clock, saying he looked at his watch when the accident occurred soap as to make a report to the company. He has is facts very well in hand, told a detailed story. It was impossible to shake him on cross examination.
The burden of the defense has been taken up. They will attempt to show that the guard ropes placed were not proper, that the lights were placed so as not to be seen, and will produce witnesses who drove into the rope prior to the fatal accident. These witnesses are understood to be willing to testify that the red lanterns could not be seen, and that the traffic policeman was not at his post of duty.
The defense opened its testimony by calling Richard Watts of North Second Street, Pottsville, a salesman, as their first witness. He testified that on the night of the fatal accident he was driving from Williamstown to Pottsville, and that he did not see the ropes stretched across the street until he had run into it and stalled the motor of his car. He said that he was unable to see any lights. He further testified that he was driving only at about five of six miles an hour, and that the rope held his machine. He said that he was unable to see the rope, and did not know what he had hit when his machine stopped.
Two other witnesses were called and testified to practically the same as the evidence given by Watts. Both the other witnesses said that they ran into the ropes. All three denied that a traffic cop was on duty. one witness said that he did not see the officer until after he had driven into the ropes, and that at that time the officer came from off the side-wall, and that he had not been on duty in the middle of the street.
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From the Pottsville Republican & Herald, May 6, 1927:
SPITTLE CASE CLOSED
The case of George Spittle, who is on trial for the killing of Irva Freeze, at Tremont, last September when his automobile crashed into a crowd and shattered the girl’s body, and injured fifteen others, was closed today. The closing addresses were made during the morning by A. D. Knittle for the defendant, and M. F. Duffy, deputy district attorney for Commonwealth. Judge R. H. Koch followed with an exhaustive charge, and it was anticipated that a verdict would be returned late today or early tomorrow.
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From the Pottsville Republican, May 7, 1927:
WOMAN JUROR IS TAKEN ILL – CASE IS ORDERED CONTINUED
Pottsville, May 7 [1927] — Owing to the physical collapse of Miss Jennie Sharpe, the only woman member, the jury which tried George Spittle, of Donaldson, for second degree murder in connection with the killing of Miss Irma Freese, was discharged at 10 a. m. today, and the case continued for retrial during the June session.
After sitting there days listening to testimony, the case was given to the jury yesterday at 1:05 o’clock and the jury was in constant deliberation over the case until this morning, when Miss Sharpe became ill and had to be carried to the Judges’ champers, where Dr. G. H. Boone, who was hastily summoned, made an examination and reported to court that she would be unable to continue the deliberations.
Judge Koch immediately had the jury returned to court and when they had taken their seats and counsel M. F. Duffy, of the commonwealth, and A. D. Knittle for the defendant had also been seated, Dr. Boone was placed upon the stand and examined by Mr. Duffy, with the result that the case was ordered continued and the jury was discharged.
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From the Pottsville Republican, May 6, 1927:
TWO MURDER CASES TO JURY
The fate of two defendants charged with murder, will rest in the hands of their respective juries before nightfall.
The first case to close was that of George Spittle of Reinerton, who has been on trial before Judge Koch for the killing by automobile of Miss Irva May Freese of Llewellyn at Tremont last September.
The evidence in this case was concluded at the adjournment hour, Thursday afternoon and at the opening of court this morning Attorney Knittle, who is defending Spittle commenced his address to the jury. Following his address came the closing address by Deputy District Attorney Duffy. The charge to the jury by Judge Koch was commenced in the afternoon and the case turned over to the jury.
In the Spittle case it is believed that he will know his fate before the jury has returned its verdict in the Zemo murder trial. The Commonwealth is seeking to convict Spittle on the charge of second degree murder. It is alleged that he was intoxicated at the time of the accident. The defense is laying much stress on the neglect of the borough authorities in not properly guarding the ropes at the west end of the boro where the block party was in progress….
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From the Pottsville Republican, May 7, 1927:
WOMAN JUROR IS TAKEN ILL – CASE IS ORDERED CONTINUED
Pottsville, May 7 [1927] — Owing to the physical collapse of Miss Jennie Sharpe, the only woman member, the jury which tried George Spittle, of Donaldson, for second degree murder in connection with the killing of Miss Irma Freese, was discharged at 10 a. m. today, and the case continued for retrial during the June session.
After sitting there days listening to testimony, the case was given to the jury yesterday at 1:05 o’clock and the jury was in constant deliberation over the case until this morning, when Miss Sharpe became ill and had to be carried to the Judges’ champers, where Dr. G. H. Boone, who was hastily summoned, made an examination and reported to court that she would be unable to continue the deliberations.
Judge Koch immediately had the jury returned to court and when they had taken their seats and counsel M. F. Duffy, of the commonwealth, and A. D. Knittle for the defendant had also been seated, Dr. Boone was placed upon the stand and examined by Mr. Duffy, with the result that the case was ordered continued and the jury was discharged.
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