December 2, 1925: Case Dismissed! Judge's Instruction to the Jury Freed Elsie Bender

By Margaret Leidy Harner from her book One Day at a Time: A Social History of Boyertown, PA.

December 2, 1925: Elsie Bender is on trial, charged with the murder of her infant child whose body had been found in the Swamp Creek on November 24. The Commonwealth had hoped to prove that the young Boyertown woman had drowned her baby girl, but the expert testimony left a cloud of doubt as to the exact cause of death.

In a surprise move, the District Attorney addressed the Court. “Your Honor, I feel that the Commonwealth has not made out a clear case against the defendant and it would be unfair for the Commonwealth to proceed with the case.”

The Judge then instructed the jury to return a verdict of “not guilty.” Without leaving the box, the jury rendered its decision, and a tearful Miss Bender returned to her home in Boyertown where her friends greeted her warmly.

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