In 1912, five young Pottsville girls accused a prominent 65-year-old Pottsville Civil War veteran, Charles A. Kershner [or Kerschner] of assaulting and raping them. The alleged crime took place in the basement of a Presbyterian church. Kershner went on trial in January 1913, and was found guilty of assault with criminal intent, but was found not guilty on the charge of rape. The ages of the girls were were not given in the newspaper, but their names were published, as was customary at the time.
No articles have been located on the trial itself so it is not possible to discuss the circumstances of the crime. However, what was noted in the available articles was that the judge struggled in determining the sentencing and had to consult with his fellow judges in order to determine an appropriate punishment. In the end, Kershner received the minimum sentence of nine months.
Presented in this blog post are the available articles on the trial, appeal and sentencing.
Because of his prominence in the community, Kershner was a spokesman for Doan’s Kidney Pills. Two advertisements for the pills are presented here – one published during the time Kershner was supposedly in jail, June 18, 1913, and the other after his nine month sentence was completed. Apparently, it was not a problem for the manufacturer or retailer to have a convicted assaulter of young girls as a paid spokesman. The female member of his family who was supposedly relieved of her pain by the pills could have been his wife or any one of at least four daughters he is known to have fathered.
The Civil War record of Charles A. Kershner will be presented in a future blog post along with reminiscences he provided to a Pottsville newspaper in 1927. Suffice it to say for now that his service was in the 48th Pennsylvania Infantry from February 15, 1864 through honorable discharge July 17, 1865, and included action at Petersburg. The 48th was heavily populated with Schuylkill County residents including many men from the western part of the county. Post-Civil War, Kershner fought in the Indian Wars. He was very active in the Gowan Post, G. A. R., of Pottsville, and held various offices in that organization.
In the conclusion to this blog post, a few brief newspaper articles are included which refer to his 80th birthday, an auto accident he was involved in, and his death which occurred in 1929.
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From the Pottsville Republican, June 21, 1912:
GIRLS PREFER CHARGES
Charles Kershner, of Pottsville, is faced with serious charges by five girls before Judge Bechtel in the main court room. The youthful accusers are Margaret Trometter, Helen Trometter, Eva Shuler, Ruth Warnicke, and Gertrude Childs, all of this city.
Shortly before the noon recess the work of calling a jury was begun, which was interrupted by the recess hour, and the challenges were begun after the court reconvened. Some time was occupied in this preliminary to the calling of witnesses due to the great care exercised in the selection of the members of the jury to sit in the trial.
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From the Pottsville Republican & Herald, July 30, 1912:
DIRECTED TESTIMONY WRITTEN
In the case of Charles Kerschner, the defendant being convicted of assaulting the little girls with criminal intent, the court directed the testimony to be written out.
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From the Pottsville Republican & Herald, October 28, 1912:
The court filed the charge in the case of the Commonwealth vs. Charles Kerschner, of Pottsville, who was convicted of assault and battery to ravish in June last, and directed the attorneys in the case to argue to motion for a new trial on Monday next.
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From the Pottsville Republican & Herald, November 18, 1912:
TO HEAR ARGUMENTS
Judge Bechtel stated that he would hear the arguments for a new trial in the case of Charles Kerschner… of Pottsville, on December 16 [1912], in time to allow an appeal to the Supreme Court.
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From the Pottsville Republican, January 6, 1913:
KERSHNER DENIED NEW TRIAL
In the case of the Commonwealth vs. Kershner, court overruled the motion for a new trial and directed the defendant to appear for sentence. The case is the one in which Charles Kerschner, of Pottsville, was convicted of assault.
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From the Pottsville Republican, January 13, 1913:
C. KERSHNER 9 MONTHS
Sentence was imposed by Judge Bechtel Monday morning upon the defendants in… the most important as well as notorious cases of recent years…. Sentenced were: Charles Kershner, found guilt of assault upon five young girls of Pottsville…. The penalty [was] as follows:
Charles Kershner, costs, $5 fine and nine months imprisonment.
Announcement had been made last week that the… defendant would be brought up for sentence on Monday, and as a result the court room was crowded when they were brought before Judge Bechtel.
Charles Kershner, a man of 64 years, was… called to the bar. He had been acquitted of attempted rape upon Margaret Trommeter, Eva Shuler, Ruth Warnick, Gertie Childs, and Helen Trommeter. He was found guilty, however upon the charge of assaulting the girls.
A strong plea for clemency was made by Messrs. Woodbury and Whalen, for the defendant, they claiming that the man was unjustly convicted and stating that they believed that he was innocent. They spoke of his record as a G. A. R. man and called the attention of the court to the fact that a petition had been presented to court signed by hundreds of names of the most prominent people of Pottsville.
Judge Bechtel stated that the case was one of the hardest that he has had to contend with during his practice and service as a judge. He stated that he knew the man personally, and that he believed that the ends of justice could be better met by a moderate sentence that a heavy one, but that to suspend the sentence was against the expression of the members of the bench who had been taken into conference. He stated, however, that the sentence which could be imposed was the lightest which could be imposed under the circumstance.
Mr. Kershner presented a pitiful figure at the bar, and during the making of Mr. Woodbury’s plea his lips quivered several times as though he would break into sobs. There was hardly a person in the room who was not touched by the spectacle.
A peculiar thing about the… case is that the defendant [was] convicted of the lesser count and acquitted upon the graver charge….
[The] defendant after sentence made no comment, and [was] quickly removed to prison, where [he] began to serve [his] term. Charles Kershner [had] been out on bail pending the decision of the court in regard to [his] application for [a] new trial.
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From the Pottsville Republican & Herald, January 13, 1913:
SENTENCED BY JUDGE BECHTEL
Pottsville, January 13 [1913] — Shortly before noon today Judge Bechtel called before him [a] prisoner who [was] convicted of serious crimes at the… term of criminal court and passed sentence.
Charles Kerschner, who was convicted of assaulting six [sic] girls in the basement of the Presbyterian church last summer, was sentenced to serve nine months in the county prison and pay a fine of five dollars.
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From the Pottsville Republican, June 18, 1913:
EVERY STREET IN POTTSVILLE Has Its Share of the Proof That Kidney Sufferers Seek
Backache? Kidneys weak?
Distressed with urinary ills?
Want a reliable kidney remedy?
Don’t have to look far. Use what Pottsville people recommend. Every street in Pottsville has its cases.
Here’s one Pottsville citizen’s experience.
Let Charles A. Kershner, of 1013 W. Mahantongo St., tell it:
Mr. Kershner says: “One of my family suffered from kidney complaint and backache for over a year. Sharp, knife-like pains darted through her back, and after any exertion she was all worn out. It hurt her to stoop or lift, and sometimes she couldn’t lie down on account of the terrible backache. She often had to get up and walk around for ease, and the only way she could get any sleep was to place a pillow under her back. I suffered almost as bad. I suffered almost as bad. Kidney Pills, and after using them they cured us both. All we have previously said praising Doan’s Kidney Pills in public statements were are glad to confirm now.”
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From the Pottsville Republican, November 15, 1913:
RESULTS TELL – There Can Be No Doubt About the Results in Potttsville.
Results tell the tale.
All doubt is removed.
The testimony of a Pottsville citizen can be easily investigated.
What better proof can be had?
Charles A. Kershner.… [the same statement as was published on June 18, 1913].
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From the Pottsville Republican, February 9, 1927, a story in part of a column titled “Reminiscences and Present Day Thoughts of Long Time Residents,” the author focused on Kershner’s war service, particularly with the 48th Pennsylvania Infantry. The remainder of the story will be told here in a future blog post.
When we celebrate the birthday anniversary of Abraham Lincoln, it is but fitting that we should give a moment’s thought and offer solemn tribute to those patriotic Pottsvillians who aided the great statesman in the preservation of the Union. Let us not forget that during the course of the great war Pottsville sent to the front one seventh of her population, or 13,000 young men and boys.
Some of the local men who served their country in these troublous times still live. Among them are: Albert Day, George F. Morgan, George Kupper, and Charles A. Kershner, all of the old 48th. There are others of various different regiments, who still survive, among them George Blank and Robert Reid….
Charles A. Kerschner is a fighter of much experience his activities not being confined to the Civil War; and he related many of those experiences to the writer… along with an account of some Pottsville changes of historical interest…. It is especially fitting that a Civil War veteran should be allowed to take the stand at this time, the occasion of the anniversary of the birthday of his chief, Abraham Lincoln.
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From the Pottsville Republican, May 12, 1927:
KERSCHNER IS RECOVERING
Charles Kerschner, Civil War veteran of this city, who was injured last Thursday night in an automobile accident near Branchdale, is still a patient in the Wayne Hospital. While his injuries were not of a serious nature, he suffered considerably from shock. Because of his advanced years he was advised to remain at the hospital for a few days or a week. He is much improved, and will probably leave the hospital within a day or two.
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From the Pottsville Republican, February 6, 1928:
CHARLES KERSHNER 80 YEARS OLD
Charles H. Kershner, well known Civil War veteran quietly celebrated his 80th birthday on Saturday, Comrade Kershner is a member of Gowen Post 23, of which he holds the office of adjutant and quartermaster. He has served fourteen years of war duty in the army, having taken part in all the principal battles of the Civil War. He was the recipient of congratulations throughout the day.
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From the Pottsville Republican, September 24, 1929:
KERSHNER — At Pottsville, on Monday, September 22, 1929, Charles A. Kershner, aged 81 years.
Funeral from the residence of the son, Henry Kershner, 22 Chestnut Street, Yorkville, on Thursday afternoon at 2 o’clock. Interment in Odd Fellows Cemetery [Pottsville]. Relatives, friends and members of the Grand Army are respectfully invited to attend.
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News articles from Newspapers.com.
Corrections and additional information should be added as comments to this post.