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.
The re-trial did not take place until June 1928. The same evidence was presented and this time the jury was able to reach a verdict of “not guilty.”
However, the victims began to file charges in Civil court for damages inflicted on them as a result of negligence of the Borough of Tremont in not properly protecting the area where the block party was held. It is not clear at this writing how many cases were filed and if or if not any of them were successful. That is a subject of further inquiry for an interested local historian.
Some of the available newspaper articles describing the second trial are presented in this blog post.
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From the Pottsville Republican & Herald, May 11, 1928:
George Spittle, of Tremont, who is alleged to have struck and fatally injured a school teacher of that town [is] scheduled to go to trial on Monday.
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From the Pottsville Republican, May 14, 1928:
Permission to Continue
District Attorney Snyder appeared before Judge Hicks, who is in charge of the trial list, and asked permission to continue the manslaughter case against George Spittle. The district attorney asked the continuance because if it should be called it would require the remainder of the term to hear the case and thus clog the Court and prevent the disposition of many other cases. Judge Wilhelm will not sit after Tuesday and the district attorney did not wish to tie up the entire Court by calling the Spittle case. Judge Hicks granted the permission to continue the case.
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From the Pottsville Republican, June 17, 1927:
TRIAL LISTED FOR NEXT WEEK
District Attorney Spicker on Friday announced that the retrial in the case of George Spittle of Reinerton, charged with fatally injuring Miss Irva Freeze, a school teacher of Llewelyn, at a celebration in Tremont last fall, would be early on the list to be called next week. This is the case where a mistrial was ordered when Miss Jennie Sharp, of this city, serving as a juror, was taken suddenly ill and the jury was dismissed.
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From the Pottsville Republican & Herald, June 17, 1927:
It was planned also to get rid of the re-trial in the case of George Spittle, of Reinerton, for the alleged killing of a school teacher during a medicine show display at Tremont; and also to try the three remaining automobile slayings which are on the list, but from present indications the only one of these cases which can be reached during the early part of the week will be the one in which Lawrence Quinton, of Ashland, is held for the killing of Fred Yeager.
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From the Pottsville Republican, June 25, 1928:
SPITTLE CASE NEXT
District Attorney Snyder announced Monday morning that he would call the case of George Spittle, another death case growing out of a fatal automobile accident. The accident occurred at Tremont. Spittle is charged with killing Irva Freeze of Llewellyn.
The accident caused considerable excitement at this time. Spittle’s automobile, with him driving, crashed into a block party at Tremont, killed Miss Freeze and injured a number of others. It is alleged that he was intoxicated, and that he lost control of his car as it descended the hill leading into the western part of the town, that it crashed through the ropes and plowed into the crowded street.
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From the Pottsville Republican & Herald, June 26, 1928:
Judge Houck took up the trial of the case in which George Spittle, of Donaldson, is on trial for second degree murder by automobile for the death of Miss Iva Freese, of Llewellyn, who was one of the crowd attending an exhibition at Tremont when the defendant’s car plunged into the assemblage causing fatal injuries to the young lady and a number of others. The case is being prosecuted for the commonwealth by Deputy District Attorneys J. J. Gallagher and M. F. Duffy, while A. D. Knittle represented the defendant. A long time was consumed in selecting the jury to try the case and testimony was begun this afternoon.
Jurors Chosen in Case
John W. Gaughan, teacher, Butler Township; Mrs. Rose Santee, housekeeper, Cressona; Mrs. Bessie Richards, Butler Township; Earl Kimmel, farmer, Barry Township; Ollie Smith, electrician, West Mahanoy Township, and Miss Edna Krannch, operator, Tamaqua.
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From the Pottsville Republican, June 26, 1928:
AUTO MURDER CASE ON TRIAL
Testimony in the George Spittle murder case was commenced Tuesday afternoon, the jury being obtained a few minutes before the noon recess.
Spittle is charged with the death of Irva May Freeze of Llewellyn, whom he ran down with his automobile at Tremont inflicting injuries which proved fatal. The girl died in the Warne Hospital in this city.
Spittle’s case is one of the few cases in the county in which the defendant in a fatal automobile accident has been indicted for murder. The Commonwealth, however, will not press for a first degree verdict.
The jury was obtained after two days had been spent in the selection of the same. John W. Gaughan of Butler Township, will be foreman.
John Swalm, Pottsville merchant, and Herbert Bawer, have the distinction of being among the very few if not the first jurors to serve on two murder juries at a single term. They were members of the jury that convicted Alverez Miquel last week.
Other members of the jury are: Mrs. Rose Santee, Cressona; Mrs. Bessie Richards, Butler; Earl Kimmel, Barry Township; Ollie Smith, West Mahanoy; Edna Granch, Tamaqua, R. W. Daub, Porter Township; Carmilla Oliver, Shenandoah; R. V. Moyer, Pottsville, and Mrs. James Mulroy, St. Clair.
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From the Pottsville Republican, June 27, 1928:
STRONG CASE IN AUTO MURDER
Evidence of a damaging nature was gotten to the jury in the George Spittle murder case, the defendant being on trial for murder growing out of the killing of Irva May Freeze of Llewellyn, at Tremont.
Spittle is alleged to have driven his automobile while intoxicated and at a high rate of speed, crashing through guard ropes and plowing into a block party which was at its height on the main street of Tremont. Fifteen merry makers were injured, Miss Freeze dying from the result of the injuries.
The first witness called by the Commonwealth was Chief Burgess Harry Hoff. He told of placing the guard ropes at the western end of the street, setting off a portion of the street for the use of the dancers. He said that he assisted in stretching a rope across the street, setting off a portion of the street for the use of the dancers. He said that he assisted in stretching a rope across the street, that he assisted in placing red lanterns on the ropes. He said that the rope was about three feet from the level of the sidewalk, and that the lanterns were hung about six feet from the curb about 18 inches from the road level.
Argument came when the Commonwealth asked Hoff, in his opinion, if Spittle was intoxicated. Attorney Knittle, who is defending Spittle, objected to the witness giving an opinion, but the Commonwealth won a victory when they succeeded in having the Chief Burgess testify to the effect that Spittle’s breath smelled of intoxication.
The early part of the trial was spent in introducing pictures and maps of the scene of the accident. Four photographs were presented, each showing a different view of the street. Much time was spent in locating the exact and scene of the accident, the location of the ropes, etc.
George Steidel, local engineer, who made maps of the street and the hill at the western end of the town, was on the stand some time. He gave measurements and distances.
Dr. T. C. Fegley, county coroner, was the next witness called by the Commonwealth. Dr. Fegley told the jury that he narrowly escaped being hit by the Spittle car. He said that he had given his youngest daughter permission to attend the block party, and had gone up to bring her home.
He said he was crossing the street when he noticed two lights zig-zagging down the street, and that as they approached he learned they were the headlights of an automobile. He was compelled to reach the sidewalk in a hurry to prevent being struck by the machine. He dashed to the sidewalk in front of the American Legion Home.
Dr. Fegley went to the office of Dr. Schultz and examined Miss Freeze. He said she was in a dying condition at the time, and that he and Dr. Schultz decided that she should immediately be rushed to the hospital.
When he returned to his office he found Spittle lying on a couch. He told of dressing the defendant’s injuries, which consisted of lacerations to his head, face and neck.
Dr. Fegley testified that he detected the odor of intoxicants on Spittle’s breath, and that when he vomited, there was a pronounced odor of intoxicants. He also said that Spittle was boisterous, and that he had trouble making him keep quiet. he said that the defendant tossed around on the couch considerably.
The Commonwealth showed late Wednesday that Spittle was driving at a high rate of speed. Testimony was produced by the Commonwealth in which they traced the Spittle car from the time it left the foot of the incline at the western approach to Tremont until it crashed through the guard ropes and into the crowd. All witnesses testified that the machine was being driven at a high rate of speed.
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From the Pottsville Republican, June 28, 1928:
DEFENSE IN AUTO CASE
The Commonwealth finished its case against George Spittle, who is on trial for murder as the result of the death of Irma May Freeze, whom he struck with his automobile at Tremont, Thursday morning.
The Commonwealth closed its case by calling a number of witnesses to establish the high rate of speed the Spittle car was driven. Clayton Shell, who operates a gasoline service station at the western approach to the town, testified that when the Spittle car passed him it was going at least 40 miles per hour.
The Commonwealth is presenting a far stronger case to the jury at this time than they did at the first trial. The second trial was caused by one of the jurors at the first trial becoming ill, which necessitated the discharge of the jury.
Attorney Knittle, who is defending Spittle, made the opening address to the jury that the defense would prove that Spittle did not drive at a high rate of speed, that he was not intoxicated, as stated by the Commonwealth, that there was not sufficient protection guarding the block party which was in progress, and that the case was brought to save the borough of Tremont from damages as the result of the accident.
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From the Pottsville Republican, June 29, 1928:
SPITTLE CASE GOES TO JURY – SPITTLE FOUND NOT GUILTY
The jury in the case of George Spittle, charged with murder in connection with the fatal injury of Miss Irva May Freeze, of Llewellyn, when his auto crashed into a block party at Tremont, found him not guilty, after being out about an hour, Friday afternoon.
The case is a re-trial, one of the jurors taking ill at the first trial which necessitated discharge of the jury. Spittle is charged with the death of Miss Irma May Freeze, a young school teacher of Llewellyn, whom he struck with his car while she was attending a block party at Tremont in September of 1926.
The defense Thursday afternoon, gave its side of the story.
Lynn Shadle, a new witness in the case, told the jury his version of the accident. He said that he saw the Spittle car come down the hill and strike the guard ropes in the western part of the town. He said that the rope slipped up over the hood of the machine, pushed back the windshield and that the rope then caught Spittle beneath the chin and pushed him backwards from the steering wheel.
Harry Stutzman of Tower City, a law student, who testified at the first trial and who was unable to be present at the second trial, gave silent testimony when his testimony was read into the record by court stenographer Greagor. Stutzman’s story was practically the same as given by Shadel.
Eurius Weiss, who was in the car with Spittle, said that he was unable to remember much of the accident, the rope knocking him back in the car, his head striking the rear and he was rendered unconscious.
Spittle was among the last witnesses placed on the stand. He told the same story as did the other witness concerning the rope striking him beneath the chin and tearing him backwards away from the wheel. He also said that the rope pushed back and bent the hand throttle on the wheel which opened the car to high speed, that he was unable to reach the wheel to steer or control the car.
At the opening of court Friday morning, Attorney Knittle made an extended motion for the dismissal of the case, but his motion was overruled by Judge Houck. The closing addresses to the jury followed.
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From the Pottsville Republican, June 29, 1928.
SPITTLE CASE TO JURY
The Spittle murder case went to the jury at 3:25 o’clock Friday afternoon, so that it might reach the jury today, a noon recess of only one hour was taken.
The case had been on trial all week, it being the first murder case to be tried before Judge Houck.
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From the Pottsville Republican & Herald, June 30, 1928:
ACQUITTED OF CHARGE OF AUTO MURDER
Pottsville, June 30 [1928] — George Spittle, of Tremont, was late yesterday afternoon acquitted of the charge of murder in running into a crowd at Tremont. Miss Irma M. Fries, a school teacher, was killed and seventeen injured by Spittle’s automobile.
Spittle claims he was knocked off his automobile by the rope stretched across the across the street and that the whole affair was purely accidental. The jury took his version of the affair.
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News articles are from Newspapers.com.
Corrections and additional information should be added as comments to this post.