Kingsley – One of the most diabolical plots to take human life within the annals of the county was brought to light the latter part of last week in the arrest of Leon Granger and Mrs. Clara Rose, of Kingsley, who attempted to murder Jerome Rose by throwing dynamite cartridges at him with intent to do away with him. Rose had one eye blown from the socket, his chest, one arm and a leg badly lacerated, and although without medical attention for a week, it is thought he will recover. Mrs. Rose and Granger are being held without bail in the county jail. Story of the Crime – At midnight on Monday, Sept. 29, Jerome Rose was forced from his home near Kingsley by Leon Granger and Rose’s wife, Clara. He was taken to a lot about ten rods from the house, and from a statement made by Granger, he (Granger) lighted a fuse attached to a dynamite cartridge and threw it in front of Rose. The explosion nearly knocked him down and following the explosion, Mrs. Rose is alleged to have lighted a similar explosive and throwing it near him he was felled to the ground. Afterward Rose was assisted to his home. No physician was called to attend him until his brother, George, hearing of the affair, went to see him and immediately secured Dr. J. G. Wilson to attend the injured man. Constable H. S. Conklin was summoned and autoed to the Rose home at Kingsley and placed Granger under arrest. Granger emphatically denied his guilt but later became more talkative and confessed to being a party with Mrs. Rose and a warrant was later sworn out for her. The effort by Mrs. Rose to rid herself of her husband, it is alleged, may implicate other men and many developments are predicted.

Montrose – Those who have entered the employ of the new shirt factory, just established, are very much pleased with the congenial employment and employer and the outlook is for a steady increasing force until every machine is in operation. Mr. Hawley is paying operators $3 per week, while learning, after which they can earn from $5 to $10 weekly, according to the skill of the operator. Some people have secured a wrong impression of the factory. It is reported that a story was circulated that the price for making buttonholes was two cents for 74 holes, but when one learns that a former skilled operator on the button-holing machine made a dollar in 110 minutes, the low wage idea gets a jolt.

Hop Bottom – Work is being done on the grading of the trolley road between Nicholson and Foster. Good things come slowly, but they are surely on the way. Also There will be a masquerade ball at the Masonic Hall, Oct. 31, given by the Foster-Hop Bottom dancing class. Also Dewey Carpenter recently purchased a fine Overland car.

Dimock – Mrs. Isaac P. Baker has returned from Wilkes-Barre accompanied by Mr. and Mrs. E. B. Hamlin and Mrs. Charles Bacon. The trip was made in Mr. Hamlin’s Chalmers 36. Also the “Scouts” demonstrated first aid to the injured on Woodruff’s Hill, Thursday. The Campfire Girls served lunch.

Susquehanna – I hereby announce myself as a candidate for re-election to the office of Prothonotary of Susquehanna County, to which re-election I feel that I am entitled, it having been the custom for many years in Susquehanna County that each person elected to the office should have two terms. A square deal is all I ask. William H. Foster, Susquehanna, Pa.

Hallstead – The Herbeck-Demer [Glass] Co. has been thrown into bankruptcy.

Silver Lake – Spontaneous combustion is thought to have caused the burning of the handsome residence and three barns of Matthew Cahill on Saturday night. All the contents of the house, including $300 in money, the hay, tools and farm machinery in the barn were burned. The cattle and horses alone were saved. Mrs. Cahill and an orphan boy were alone at the time. An insurance of $2300 will only partially cover the loss.

Pleasant Valley, Auburn Twp. – Ben Pierson, of Wilkes-Barre, and Miss Elda Sterling, of Retta, were married on Wednesday, Oct. 8. Ben was formerly of this place and is an exemplary young man and Miss Sterling is one of Retta's finest young ladies.

Franklin Forks – The social held at the home of Archie Summers for the benefit of the Franklin Hill Young People’s society was a success, about 65 being present and they cleared $6. ALSO The Wyoming Seminary Glee Club was at the M. E. church, Oct. 7, and a good audience greeted them. All who were not there missed a great treat..

Lynn, Springville Twp. – The school ma’ams are all at the institute this week, while the kids are getting the rust off their guns ready for the hunting season.

County News – County Treasurer Geo. H. Watrous is busy as a bee these days, issuing hunters’ licenses, about 1350 having surrendered $1 each for the privilege to roam wood and field with gun and dog. All that is necessary to procure a license is to write the County Treasurer, giving name, residence, P. O. address, height, complexion; color of hair, color of eyes, and age, accompanying request by $1 and return postage.

Rush – The high school field meet will be at Auburn Center, Oct 25. The schools at Springville, Auburn Center and Rush will contest in basket ball, base ball, foot racing and jumping.

Clifford – J. I. Tripp has purchased of I. J. Wetherby, two acres of land, joining the old Clifford cemetery, for cemetery purpose. Also R. E. Wells, proprietor of the Royal House, in Royal, has taken unto himself a wife. A lady from Patterson, N. J.

Great Bend – A local talent entertainment will be given by the Camp Fire Girls, in Williams Hall, Oct 24th. The following well-known talent has been secured: Mrs. F. L. White, Arthur White, Mrs. Chas. Williams, Mrs. William Ely, Misses Cornelia Tuthill, Lula and Lena Day, Jane Watkins, Florence Hamlin, Mara Burk, Gladys Flynn and Master Walter Kraus. The Camp Fire Girls will present a humorous play and sing several songs.

Jackson Township – School notes of Maple Ridge school for the month ending September 29, 1913. School opened September 1 with ten pupils enrolled. The following pupils were present every day during the month: Raymond Wilcox, Robert Washburn, Floyd Blaisdell, Jay Decker, Carl Decker, Ruth Hall, Nellie Hall and Esther Quick. Those having an average of 90% or above were Ruth Hall, Nellie Hall and Carl Decker. Those having an average of 85% or above were Esther Quick, Raymond Wilcox, Floyd Blaisdell and Robert Washburn. Jay Decker has an average of 80%.

Last week, I ran across an interesting news report concerning an appeal in several homicide cases involving drunk drivers. The New York Court of Appeals (the highest appellate court in New York) is considering three appeals from homicide convictions in drunk driving cases where the prosecution was required to prove that the defendant acted with “depraved indifference to human life.” The facts in each of the cases are similar.

The cases involved drunk drivers who drove their motor vehicles in the wrong lane on major highways which ended up in head-on collisions with fatalities. In the one case, Martin Heigden drove his pickup truck in the wrong lane on Long Island’s Meadowbrook State Parkway and collided head-on with a limousine, killing the driver along with a 7 year old passenger. Heigden’s blood alcohol content was 0.28 percent – nearly 4 times the legal limit. Heigden was convicted of homicide and received 19 years to life in prison for the two deaths.

In another case, Franklin McPherson was driving in the wrong direction on Long Island’s Southern State Parkway when he collided head-on with another motorist and killed the other driver. McPherson’s blood alcohol content was .19 percent – more than twice the legal limit. McPherson was sentenced to 25 years to life in prison.

Based upon media reports, the arguments are very similar – the defendants were too drunk to have acted with “depraved indifference to human life.” In other words, the defendants had no idea what they were doing because they were so intoxicated that they actually ended up driving the wrong way on a major highway. As the one defense attorney argued: “Nobody who’s not oblivious will plow head-on into another vehicle at 60 miles per hour.” Another defense attorney argued that the prosecution had no evidence that the defendant “realized he was going in the wrong direction.”

The prosecution responded by noting that these were factual findings that fell within the providence of the jury – not the courts – and the evidence was sufficient to uphold the convictions. The prosecutor arguing the appeal stated: “I’m saying they wanted to go where they wanted to go, and other people be damned.” Given the nature of the major highways, the prosecution argued that there was “no possibility” that the defendants were unaware of the threat that they posed to other drivers – even in their severe intoxicated states.

While this case involves New York law, Pennsylvania has a similar homicide statute that deals with killings committed with “depraved indifference to human life,” i.e., it is third degree murder. Interestingly, defense attorneys often use intoxication as a means to mitigate first degree murder down to third degree murder. The legal argument is similar – defendants may be so intoxicated that they never formed a premeditated intent to kill, but the defendant’s conduct was still such that it demonstrated a “depraved indifferent to human life.” In other linguistic parlance, depraved indifference to human life is also termed criminal malice.

Pennsylvania has allowed prosecutions for third degree murder in traffic cases in rare instances – the prosecution has to show more than simple recklessness (which is the standard of proof for involuntary manslaughter). In a vehicular homicide case where the Commonwealth has charged a third degree murder, the Commonwealth must demonstrate a sustained period of recklessness such that a reasonable driver would have been aware of the substantial risk of death involved in the conduct and the driver then ignored that risk time and time again until a traffic fatality resulted.

In the New York cases, it would seem that the prosecution has a pretty solid argument – even with the levels of intoxication involved with each defendant. Driving the wrong way on a major thoroughfare inherently poses an incredible risk of death or serious bodily injury for all persons involved. It is a risk that is so readily apparent that every person – even intoxicated persons – would be aware of the risk. Granted, the intoxication played a role in the crash – but it would be the sustained course of conduct of driving in the wrong direction despite the knowledge of the dangers that creates the depraved indifference to human life. For the appellate court to reverse the conviction, it would have to determine that there was no evidence upon which a jury could have reasonably concluded that the defendants acted with depraved indifference to human life. While you never know what an appellate court will do, this one would be a very hard sell for the defense.

Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/.