The Watchman And Southron

ESCAPES CHAIR
York Jury Reluctant To Accept Plea of Guilty With Recommendation To Mercy

York, July 13. Only Solicitor J. Lyles Glenn and Judge M. M. Mann, presiding jurist, stood today between Mills Moore, slayer nine years ago of Policeman T. R. Penninger of Sharon, and the electric chair. The jury was determined to demand the life of Moore as the forfeit for his crime and it required an hour and a half of deliberation before they would consent to the recommendation of Solicitor Glenn, indorsed by Judge Mann, and bring in a verdict of guilty of murder with a recommendation to mercy, which verdict automatically sent Moore to the penitentiary for life.

The action of the jury, their striking reluctance to heed the recommendation of the solicitor and the trial judge, was without a parallel in York county court annals and is said to be without a precedent in the state. Judge Mann advised the jury that neither he nor the solicitor could bind them to bring in the verdict suggested but that both could recommend this step. The jury seemed determined and for a time, despite the action of the solicitor and the court, the death chair loomed ominously for the slayer of the Sharon officer.

The trial began at 9 o'clock and no difficulty was experienced in obtaining a jury. The state rested its case at 11 o'clock, after placing on the stand 12 witnesses. Thomas F. McDow of York, counsel for Moore and ranking as one of the state's leading criminal attorneys, then announced that his client was willing to plead guilty to murder with a recommendation to mercy, which would mean life imprisonment.

Solicitor J. Lyles Glenn, promptly announced the willingness of the state to accept this plea. He followed this by saying that he was in the most difficult position of his professional career, that there was strong opposition to his acceptance of the defense's proposition but that, in so doing he was guided by his conscience and convictions.

Judge Mann announced his acquiescence to the step taken by the state, saving that the court's action was taken under compulsion of conscience in the light of the facts and circumstances.

The jury retired to their room at 11:15 and 15 minutes later returned for information from the court. Foreman B. H. Matthews asked if sentence could be imposed on Moore in such a way that he would never be paroled.

Judge Mann advised that this was impossible. He then frankly told the jury that a verdict of murder without recommendation would not stand in the courts.

The jury then retired for the second time and at 12:45 o'clock brought in a verdict of guilty with recommendation to mercy and Moore was sentenced to imprisonment in the penitentiary for life.