s
a. v
M. 1. NASSER,
S, WILVlTtT.
IdllOrs.
STTNBTJRY, MARCH 23, 1871.
Headquarters Repnbllcnn State
Ontral Cominttte of I'ennsylTB.
ntn
Pnti.AMn.rntA, Feb. Stl, 1879.
In pnrauitocc of the resolution of the Republi
can State Central Committee, adopted at llarrls
bntr, Jon-1. 1B7a 11 Rsppbuo!! Stats Cos
kktioh, composed of Deletrnte from each Sena
torial and Representative District. Id the number
to which such District l entitled In the Lcglsla
tnre, will meet In the Hnll of tUo House of
Representatives, at Hnrrlsbarg, nt 13 o'clock,
noon, on Wbdkestmt, the 10 day of Aphil, A.
P. 1879, to nominate candidates for Governor,
Jodge of the Supreme Court, Auditor General
(should the Legislature provide for the choice of
one by the People), end an Elector? I Ticket!
nod slso to elect Senatorial and R"pre.entntiv
Delegates to represent thle State In the republi
can Nntionnl Convention, to be held nt Pbllndel
phi. Jan 5, 1872.
RUSSELL I It RETT, Chairman.
Wii. Elliott, )
LESSEST'
P. M. Lttlk. J
We refer our readent to the Grand Jury
Report in another pn i t of this week's issue.
The Grand Jury, it appears, have also dis
covered the loese manner in which ur
County Commissioners have been doing bu
siness. They state that they believe "that
toe tax-payers naveiustcauseoi complaint"
and protest against giving tax-duplicates
to irresponsible tax-collectors, and taking
straw bail as security. They state that the j t)e headquarters of which is to Iks at Lon
eounty has sustained hnavy losses by such jon subscription of 100,000 pounds, to
conduct, and recommend that a law be en- j be pRili anxiunlly, and to Inst for five years,
acted making the Commissioners iudividu- j hag i,ecn riljgC(i, The money thus collected
ally responsible. As ocr neighbor of the j to be 8ej irj rescuing drunkards from their
Democrat has been contending that we had f1iiiig8) Rrui jn prosecuting liquor dealers
been placing hi friends of the "Ring" iu a for the yiolatiou of the laws in existence
wrong light, and that there was no cause 1 for tl)e coutrol of the traffic. The most in
for alarm, this report of the Grand In- j fiacntial men and women of the Kingdom,
quest appointed to investigate matters, will nre engaged in this laudablo work, which
no doubt give our neighbor cause for reflec- wiU nMUrediy result in a temperance agi
tion, particularly ir their recommendations i tation an(i results of reform such as have
are carried out. There are other matters J not ukcn pinoe j the old world this ecu
connected with the "Ring" which might tury jn Ireland, the Catholic clergy are
be remedied, and we would like every imr at work in n similar movement The
Grand Jury to follow the example set them, church has temperance societies iu every
as a periodical investigation of our county parish, and the priest is a temperance ad-
atiairs oy that Doily, would have a saluta-
ry eueci upon, aua per naps unug aoout a
complete abatement of the evils under
which the tax-payers of the county groan.
The Ex-Tkeasciier. The last Grand
Jury give the late Couuty Treasurer rather
a bard hit when they state that "when hu
gave up his office to his successor he re
moved all the deposits to Shamokin."
Thia .rather looks as though the Ring in
tended 'to follow iu the footsteps of Boss
Twctl, and go into the Banking business.
Had' the people submitted last fall and elect
ed tLo full Democratic ticket, all this trou
ble would have been avoided, and a large
Banking institution might have been esta
blished by the Ring, when in comparison
i to which the York county frauds would
iiav-been nowhere. We don't wonder ot
;the Ring becomiug vexed at ihe honekt peo-iple-for
spoiling their contemplated specula-
"tions, whereby all might have become rich
at the expense of the tax-payers.
!Di9Thict Attorney. The Democrat
tries to make its readers believe that the
.people made a great mistake in electing a
Republican District Attorney at the last
election. The Court, members of the Bar.
fttvd the public generally, have an idoa that
the prcseut District Attorney is an excel
lent officer. But as the Democrat swears
by Tammany, Tweed & Co., and endorses
everything douc by the Rin.Lr, he ought to
know what constitutes a "od officer. The
present District Attorney, it is true, lias ,
been hard on criminals, and has beeu oblig-
ed to light even against some of the Ring ;
, . , " , . . . ... . i
officials in order to bring criminals to jus-.
tice, and can hardly expact to find favor in
the eyes of the organ of the Ring. !
-TrTrTTrrrrrrrrTrrrrrrr '
Gree.vuacks were slung at the editor of
the Democrat ureltv lively this week, but ,
his urgent need mukes him still cry "more,
more I" More is coming to him and he
hopes it will soon arrive. Democrat.
What strange things come to pass ! It
is only a few years since, when the leaders
of tLo Democracy openly declared in Mar- !
ket Square, that these same "Greenbacks"
were not worth the badges or slips of paper
Issued from the offioc of the Democrat.
- - I
ANOTnEii Foxy Transaction. We
learn that the two Democratic County
Commissioners levied the couuty taxes for
this year without giving the slightest inti
mation to thu Republican Commissioner. 1
If it was not absolutely necessary, and wo
thiuk it was, for a full board to levy the
taxes, it woi'ld at least have been courteous
to give notice to their fellow member of the
board of their intuition. The taxes will
remain about the samo as last year, as it is ,
supposed that there will be
au immense
trade carried on in scalps.
Should any one doubt the impropiiety
oi natidiog the stale government over to
Democratic control, let him look at the
York county affairs. The operations ofaa
absolute Democracy lit that regiou show
what they would do iu a large field of labor.
Now that tlm Democracy have lost the 1
, x, , .,. . ,
treasury of Isew oik city, aud will be ,
compelled to spend their own money in '
conducting political campaigns, wo may !
look for an economy in these things on
... . 11 'iii i i , :
their part, which will be hard on drummer
boys aud dram-shop keepers.
Everything must be stumil. What
a blessing. Demorrut.
It is indeed a blessing sometimes, neigh
bor, especially when stamped as the Ring
Democracy has been in this county, and in
New York so effectually stamped that it
will not rise in this generation.
The law lately passed by the State Leg
islature, and signed by the Governor, clos
iug all restaurants, bar-rooms and lager
beer saloons on election days, is wise, pru
dent and humane, and will be received by
the people with favor. Sober men have
suffered beyond endurance by the presence
of druuken men at the polls during aneleo
tiitu, and riots and bloodshed which have
heretofore occurred on such occasions, have
all ueea the result or drunkenness.
Manv
where also influence throusa linuor to vote
contrary to their inclinations ; hereafter we f
will be relieved of suoh outrages, and secure '
peaftMp and perh-vf. honest eWUnnn.
Thk editor of the Democrat was so much
rejoiced oVor the election in Macomb coun
ty Michigan last week, that he almost for
got to mention anything about the State
election in New Hampshire. Aa that State
had gone Democratic a year ag there waa
much speculation aa to the result thia year.
Our neighbor coulJ not havo felt very well,
or etse his rooster was sick, or he would
have given his Democratic readers a few
more particulars. The only notice we
could find is the following : "New Hamp
shire has elected a Radical Governor. A
dispatch from Washington says : President
Grant and his friends in Congress are jubi
lant over the New Hampshire election."
As this election was an Important one. the
reader of the Democrat can wait a long
time before they will hear of the full parti
culars of the result In that State. We have
frequently noticed that news that has any
tendency to effect or reflect upon the Ring,
never reaches the eyes of its readers
through that paper. The groat frauds in
Democratic York comity will also be kept
suppressed. We are inclined to think that
the readers of the Democrat are entitled to
the news as well as any one else. It
may be gall and bitterness to our neighbor
to publish such news, but we would advise
hint to always tell the truth and sbome the
devil. Take heart Jacob 1
Preparations are being made on an
extensive scale to carry on a gigantic tern
perance movement in the Uul'ed Kingdom,
vocatc aiwavs irresistable. It is a good
work which God always speeds when
j rightly undertaken.
WlIAT 19 WRONG WITH ElCllflOLTZ?
We notice that those staunch Democratic
papers the Watsontown Record and Dan-
j ville Intelligencer are both accusing our
j neighbor of having fallen from Democratic
I grace, and want to make it appear as
though he was entirely ignorant of what
I constitutes a Democrat. Wc rather mis
I trust that our cotcmporaries of Watson
' town and Danville do not understand the
' Ring Democracy, and hence cannot under
; stand our neighbor's idea of placing Dcin
i ocrats upon the ticket that will not spend
; their money freely. Our neighbor has a
' great penchant for the filthy lucre. There
appears to be a slight difference of opinion
. with our Democratic cotemporaries. They
all argue that money is all important in
( elections, but some of them, like the InteHi
I gencer, think that other requisites are ne
cessary. The Democrat thinks that mouey
is the only thing needful, and therefore goes
' in for the biggest pile.
i Court Proceeding.
Reported by A. N. Bkice, Eq
j Scnbcuv, March IStli 1S72.
I Iu the case of the Commonwealth vs.
Perry Haas, for the murder of Mai tin Ober
dorf, the Court, on Saturday moruing.over
ruled the motion for a new trial, and liled
the following carefully prepared opinion :
On the l-lli oi'J.iuuarv. 1872. a verdict
was rendered against the prisoner at the bar
of murder in the first degree, and ou the
next day his counsel moved for a uevv trial
and in urrest of jiidgcmeut, for the follow-
hlg reasons, to wit :
First. That ou the evening of the
eighth of Jauuary, 1872, whilst the above
trial was iu progress and the court bad ad-
journed, one of the jurors, J. Wilson Hess,
separated himself from his fellow jurors and
went into a store room in u.o uorougn oi
Sunbury and purchased a bat."
j ""second. 1 uat while iu said store lie
naci a conversation wun t. mines u. iuuM
and his brother Samuel Faust, who were iu
the hat store of Samuel Faust, Sr., relative
to business, aud that the remaining ju
rors were not iu sight nor near the store of
said Samuel Faust. Sr., but who were at
the hotel of Edward Drutuhcllcr, iu the
borough of Suiibury.
To support these exceptions the testimo
ny of several witnesses was taken. Sam
uel Fauat stated "that on Mouday night of
the secoud week of January court, J. W.
Hess, one of the jurors, came into his fa
ther's store for a hat that his father had
trimmed for him. That he (the witness
got tho hat out and showed it to him and
asked him if that was the hat, and he said
yus. The balance of the jury was not with
Hess wl.cn he was iu the store, and were
not in front of the door. Hess talked to
persons then in the store. Charles Faust
and Hiss were talking first
Charles ask
ed him whether he was a jurymen, and
i Hess answered that he was. Charles said
; you are not ou this murder trial ' aud
Hess said yes. Witness then said to Hess
: you are not a jurymau ou this murder tri
i al 't and Hess said yes. Witness then
: said to Philip Frank (who was one of the
: constables iu charge of the jury) how dare
; you bring that man away trout the rest ol
I the jury ' Hess then said that was a sub-
; jeet uot to be talked about. Hess took bis
uut wllh I1;. 1hili; Fra,ik (l!ie
constable) was with Hess and steod right
Dy the side of him nearly all the time he
was iu the store, aud was pot any distance
froln I''- Mr. Frauk was near enough to
uim t0 hve '1?", him aud ',eftf J al1 tho
conversation all the tune. Frauk came iu
Wl,u ueM .d Ml with him. Hess w.
not iu the store over live minutes, aud he
did not talk about the case then ou trial
any more than what witness had already
said. Philip Frank stood uearcst the door
whilst they were iu the store."
Charles Faust was sworn and stated
"that lie was present at his father's store
when J. W. Hess came there, but could
not say what day it was, but it was during
the trial ot Ferry Haas case. When Hess
came into the store with Frank, he (the
witness) was somewhat surprised and said
I to Hess, bow is tins ; are you on this mur
j der trial ? and Hess said yes, and heiuquir
' ed whether his hat was done. Before he got
the hat his (the witness') brother Samuel re
marked to Philip Frank, how is this; when
I was on the Gallagher case we were not
allowed such privileges V Hess said, oh,
that is all right, and then Hess took the hat
away. Witness did not know where the
balance of the jurors were. They were not
in eigiu. mere was no other conversation
with ILses about the Haas trial than what
as already stated by the witness. Hess
did not say, when he (the witness) spoke
about the Haas trial, 'that is a subject I
am not to talk about,' as far aa this wit
ness recollects."
Philip Frank, the constable, was sworn
and slated "that he was constable or Upper
Augusta township, and was one of the con
stables that had charge of the jury that sat
upon the trial of the prisoner at January
Session of 1872. That be was appointed
by tho Court of that duty. That he was in
the habit of taking the jurors out to attend
to their calls of nature. He would some
times lake but one and sometimes two or
three at a time. That he went with Hess,
one of the jurors, up to tho hatter shop af
ter supper on Monday evening, and had
him in sight or hearing all the time, and
that ho did not converse with any one in
reference to the Terry Haas trial, that he
kuew of, and that if he did, he did not hear
it. That he was close by all the time.
That that was the only time he had him
out. In bringing the jury up and down
the street the people would try to pass them,
and that he could not keep them clear from
that, there were too many peoplo on the
street. There was no one got among the
jury or walked with them to his knowledge.
That he was generally in front of the jury
going to the Court House, and behind go
ing from it. He did not allow any one to
join with the jury or talk with them on the
street, if he knew it. That Samuel Himes
was one of the jurymen. Sent him down
to his house during the progress of the trial,
and when he came there be found Mrs.
Himes at home and she gave him a shit I
and collar to take to him. She put them up
in paper in his presence. Ho looked at her
all the while she was lapping them up.
They were put up in newspaper. He could
not say whether it was the Gazette or not.
She said he should tell the furor that his
children were all well, and that was nil
that she said he could tell him. He
took the package. Could not tell whether
it was lapped up with strings or pinned up.
He found the jury in the Court House in
the jury box when he came up with the
bundle. He laid it back on the window
behind the jury, and when Court Adjourn
ed he look it off' the window sill and hand
ed it to the juror (Himes) without the per
mission of tho Court. He look the jury
that evening to E. T. Drumhellcr's. When
Mrs. Himes came into tho room, at her
house, he was confident she held the shirt
up, then folded it and put it in the paper.
He also saw the collar. There was nothing
else as he saw. The jury were kept in one
largo room with folding doors, at Drumhel
ler's. They generally had the front room
looking out on the street. There was a
tablo iu the back room when the folding
doors were closed."
The balance of Mr. Frauk's testimony
does not refer to any matters touching the
subject of the exceptions or reasons liled
for a new trial.
Jacob Coble was sworn and stated that
he was ono of the constables in the trial of
the case against Perry Haas. The jury
was kept together by himself nod the other
constable all the time, except when Frank
took Hess out for the new hat. There
were no strangers joiued the jury or talked
to them at any time, while passing to and
from the Court House. No one talked
about the case to the jury or in their hear
ing when they were at the table. He was
with them all the lime. There were none
of the jurors intoxicated nor were they un
der the influence of liquor. He saw no
disorderly conduct of the jurors. They
behaved as well as any jurors be ever saw.
There was no other noise made by the jury
than that they were singing and praying.
He slept in room No. 14 aud thinks it is the
second room from the jury room. He
went twice to the post office for letters, but
never got any. The only time that Frank
was away from the jury was when lie went
to Himes aud then' the jury was in the
Courtroom. The jury all listened to the
religious services."
Enos Evert was sworn and said he was
ono of the jurors in the Perry Haas Case.
The jury were not separated at any time
except one of the constables was with them,
to his knowledge. There was no di.iorder
ly conduct iu the room nor dancing nor
jumping. They read a chapter and had
prayer every morning and sang hymns in
the evening, commencing ou Sunday morn
ing. None of the jurors were intoxicated
or under li e influence of liquor while they
were together. No one conversed or com
municated with any of the jurors on the sub
ject of the trial while together. The jury
wero not influenced by anything aulside of
what took place iu the Court House during
the triat. He spoke positively of it as for
himself and judged it to be true of the others
from their actions. He knew of whisky
being introduced into the room for Mr.
Burkhimcr, who was really sick, and after
wards it was suggested that water was
disagreeing with the jurors, and they
had some whisky brought in and they
took a driuk. He took a drink himsell.
Burkhimcr had bowel complaint. Think
he was very sick. There was ginger and
pepper iu whisky. No one in the dining
room conversed with the jurors, or any of
them about the trial or in their hearing. 1
think they could uot have done so without
my heating it.
Sau.uel Himes was sworn, and stated
that he was one of the jurors in the Perry
Haas trial. Thty stopped at Drumheller's
hotel. They were iu charge of-constables.
One or boih of the constables were in
charge ol the jury all the time. There was
no uuproM-r noise or disorderly conduct ou
the part of the j'irors, or any of them at
any time during tho progress of the trial.
None of the jurors were under the influence
of intoxicating liquors to the best of his
knowledge. He was inconstant association
with them. He would have known it if
any of them had been. The jury had re
ligious exercises morning and evening dur
ing the whole progress of the trial. They
would read a chapter and sing hymns and
have prayer every morning. In tho even
ing they generally read in the bible and re
ligious books, aud sang hymns on Suuday
evening after preaching. Mr. Evert, one
of the jurors, desired music and at his re
quest the constable brought in the little
girls to play the piano.
A great deal of testimony was taken ou
both sides, and it is the unanimous opinion
of all the judges of this Court that no im
proper influences wero brought to bear up
on the jury, uor was there any disorderly
behavior or misconduct on their part, ex
cept iu the single instance of the separation
of Mr. Hess for a few minutes at the time
he went to Faust's store for his hat, and
when tho subject of the trial was mention
ed Mr. Hess said" that was a subject not
to be talked about." Other testimony, al
though uot in relation to the reason filed
for a new trial, was commented upon by
the eounsel op. the argument. William
Bowen stated Iu his testimony that the jury
behaved badly, and that be was bar keeper
at Drumheller's hotel and furnished the
jury with several bottles of liquor. This.
nowever, was an satisiactoniy explained
by the other testimony in the case. The
noisy and boisterous conduct of the jury
which he speaks of turned out to bo noth
ing more than the reading of the chapters,
singing hymns and prayer, and the liquor
that was used by the jury was not in suf
ficient quantities to produce intoxication,
nor were they at any time under the inli
dence thereof so far as the testimony shows.
It was introduced as medicine for one of
their number who was actually sick;, and
some of the others took occasional drinks
on account of the water tbey were uaiug
having disagree!. At one time after
church one or two young girls were taken
iuto the room to play the piano whilst some
of the Jury isng hymn but st no time was
the trial talked of. The jury hnd some pa
pers and periodicals to read but it does not
appear that there was anything in them in
any way relating to the trial of the case or
that could have Influenced them.
In the caso of Commonwealth vs. Reale
in Philadelphia, 1854, Judge Thompson
collects all tho authorities ana comes to the
conclusion that the rule adopted by both
ancient and modern decisions is that the
drinking of liquor by Jurors, in moderate
quantities, is not of itself a reason for dis
turbing their verdict, where there is no
reason to believe that they indulged to ex
cess. See this case reported in 3 Wharton's
Criminal law page 3147. This seems to bo
tho rule iu many of the States.
In a capital case, spirituous liquors were
brought to the jury room of which they
drank, but not to excess so as to disqualify
them from deliberating and considering the
case properly, it was held to be no ground
for a new trial. Rowe vs. State, 11 Humph,
Judgo Thompson says, in the case of Bealc
be fere cited, "we do not find that any other
rule has leen applied to tho conduct of
jurors in mis state, ana wnue wo aro dis
posed to hold the strictly responsible for
any abuse or excess, we cannot without
evidence of such excess, and of its influ
ence upon the case permit the verdict to
the disturbed upon the more presumption
of such influence, this reason must there-
fore be dismissed
The important and principal grounds
argued for a new trial in the case now un
der consideration, is thb separation of ono
of the jurors empannclled in the case from
his fellows. Mr. Wharton, in his treatise
on American Criminal law, vol. 3, page
3135, has collected nil the American cases
on the subject, and be says "that such se
paration in a capital case, is prima facia
ground for a new trial subject to be rebut
ted by proof from the persecution that no
improper influence reached the jury is the
position generally taken by the American
courts" (see the many cases cited by him
to sustain this position.)
In a late case, tried al Williamsport, be
fore Judge Gamble, (Commonwealth vs.
Lloyd Brittou) tho above doctrine was hehl
to be the law of Pennsylvania. In the case
several of the jurors separated at different
times. On one occasion one of them went
to a fire, others went to the post office,
whilst others went to a public building that
was there being erected, but in every in
stance they were attended by a constable
and it was shown to bo satisfaction of the
Court no improper influence was brought
to bear upon the minds of the jury. Iu
that case, the name of Brittou, the prison
er, was mentioned to aud by the jurors
whilst out. In one instance the juror re
marked, "you must not talk Britlon to me."
Judge Gamble reviews the caso of Peiller
in the Commonwealth in 3 Harris 408 and
shows clearly the distinction between that
case and a case of separation such as we
are now considering, and that Judge Gib
son was not dcuidiug a case like the pre-
ont.
This Court is fully convlncod, from thu
testimony and tho high character of the jur
ors, that they were not influenced by any
thing but Ihe law and the evidence in the
case as beard by them in Court. They at all
times, when iu Court, sustained the charac
ter of prudent and thoughtful men. They
were careful and attentive to the progress
of the case, and we do not believe what nuy
sensible man would object to being tried
for cither life, liberty or property by a jury
whose conduct outof Court was that of hon
est, intelligent and christian men. It is
Christianity that makes men honest, and
we would think that in a christian commun
ity the last objection would be that the jury
engaged in acts of religious worship.
At the time of the argument another
reason for a new trial was liled. but which
has been mislaid. The grounds were in
' relation to the empannellins and sclectiui!
j of the jury. Before the caso commenced
I the counsel for the prisoner expressly
waived all objections on this account, and
I whilst wc are of the opinion that there
: were no solid objections it is but necessary
I to refer to the oild section of the Act of
; l.iii., which provides "that no verdict iu
' any criminal court shall be set aside, nor
i shall any judgmcut be arrested nor sen
, teuce delayed for any defect or error iu the
I precept issued from any court, or in the
: venire issued for the summoning aud re-
turning of jurors, or for any defect or er
l ror in drawing, ummoning or returning
I any juror or panel of jurors, but a trial or
i agreement of trial on the merits, or plead
i ing guilty or the general issue in auy case,
j shall le a waiver of nil errors and defects
in or relative or appertaining to tho said
I precept, venire, drawing, summoning aud
I returning of jurors."
The original selection was not set abide
or quashed by the Court, except that in
another case, for a clerical error in the
ShcritPs return lo the panel of grand jurors,
stating that they were selected at a lime
when they could not have been legally se
lected, the array of grand jurors that found
the bill of indictment iu that case was
j quashed. That did not affect that case,
i nor cau it affect any other. Iu point of
I fact the selection was made at the proper
time. The Sheriff's return was a mistake.
Wc havo given this matter our most
careful consideration, and have como to
the conclusion that there has been no
grounds shown sufficient to set aside the
verdict. It is said that the matter is iu
thu discretion of the Court, aud so it is.
but the Court is bound to exercise a sound
! Ic'.'al discretion. That discretion is not au
arbitrary one, but a legal discretion, found
ed upon rules and landmarks laid down by
the Courts from time to time for their guid
ance and direction, and we should no more
depart from then than from the plain di
rections of an Act of Assembly or the doc
trines of the common law. It must be pre
sumed that the prisoner is of sound mind
and capable of distinguishing right from
wrong, or bis able counsel woutd certainly
have brutight that matter before the Court
and jury, for they certainly know that no
court would ever permit the conviction of
any ierson whose mind is of such a charac
ter as not to render him responsible for his
acts. Nothing of the kind was ever inti
mated in court, and from all we have seen
wo have no reason to believe auy such
thing exists, and we must not presume that
his counsel was so direlcct of duty.
Tho motion for a new trial and an arrest
of judgment is overruled. By the Court,
Wm. M. Rockkfellek,
President Judge.
At the conclusion of the reading of the
opinion of the Court on the motion for a
new trial. District Attorney John K. Cle
ment moved that sentence be pronounced
on the defendant, Terry Haas. Win. M.
Rockefeller, President Judge, then said ;
Terry Haas, staud up. Have you any
thing te say why seuteuce of death should
not be pronouuued upon you V
The prisoner stood mute and motionless,
lie did not evince any emotions, aud ap
peared unconscious of tho solemnity of the
seuteuce and its awful import. He remain
ed perfeotly sileut. Win. M. Rockefeller,
President Judge, then pronounced the sen
tence of the Court, as follows :
Terry Haas, a jury of your country have
pronouced you guilty of murder in the first
degree. Your own faithful counsel have
uot hesitated to declare that you had a fair
trial at the bauds of the Court, and the
Court is glad to be able to announce that,
iu their opinion, no counsel ever tried a
case with more zeal and more earnest feel
ing than those who defended you. They
have performed their duty, and.ln our opiu
ion, have done all that could be done for
you. As a last resort in this court, they filed
reasons for s new trial, which have just
been overruled by the Court in your hear
ins, and now we solomnly declare that
what remains to be done is the most un
pleasant and painful duly we have ever per
formed, and hope it will be the last of the
kind. As long, however as we hold this
position wo shall not shrink from doing
that which the law plainly requires to be
dono by the Court. And whilst we weuld
have been satisfied with a verdict of guilty
of a lower grade cf homicide, it Is not for
us to say that the verdict is wronz. Tho
jury were told that you had the right to de
mand that this case should bo decided ac
cording to the law and the evidence, and
from which they had no privilege to turn to
the right nor to the left, and we must tako
it for granted, then, that in the performance
of their duty, they conscientiously obeyed
these instructions. And now, in the dis
charge of our duty, the Court must not
turn to the right nor to tho left. That you
killed Martin Oberdorf, the deceased, was
admitted fact on the trial, and to take your
own narrativo of tho occurrence, as made
by you on the fatal night and persisted in
up to the time and on the trial, you were
wholly unjustified. The deceased commit
ted no crime, and according to your own
declarations he was moving in the oppo
site direction from you, when, without
warning, or any attempt to arrest him, you
took his life. A private citizen, without a
warrant, has no right to make an arrest
unless a crime has nctually been committed.
Much less has he the right to take life on
mere suspicion that n crime has or is about
to be committed. But whether the deed
was rashly, thoughtlessly or careless
ly done, and without deliberation and
firemedilation, was n question for the
ury. Thcro was some evidence of malice
express, and, pet Imps, considerable that
wps not consistent with tho story you I elat
ed after the killing. The manner in which
the deceased was shot, the lorn and lace
rated condition of the body, tho direction
in which the ball was found to have struck,
and many other circumstances went to con
vince thb jury that your account of the
transaction was a mere fabrication. They
were told that in order to find you guilty of
murder in the first degree, they must be ea-
tislied that the killing was willul, dchber-
ate aud premeditated, aud that if they hnd
a reasonable doubt in relation to this, it was
there duty to give you the benefit of that
doubt, and either to acquit you or find you
guilty of a less degree of homicide. This
was a (iiieslion of lact entirely for the iurv.
j and the Court is not prepared to say that
their conclusion is erroneous. The pcual
i ty of your crime is death, and you must
now prepare to meet another judge. Your
' time iu this world will probably be short.
i but you need not despair. Ho who said to
the dying malefactor on the cross. "To-day
i shall thou be with mo iu Paradise," will
I receive you if you will but believe and rc-
pent. Do not hope for pardon in this
world, but let me admonish you that from
I henceforth let nil your thoughts be directed
j to making peace with your God.
Wc must now proceed lo pass on ynu the
J judgment of tho law, which is : That Perry
Haas, the prisoner at the bar, be taken
from hence to the jail of the county of Nor
thumberland, from whence ho came, and
from thence to the place of execution, and
that he there be hanged by the neck until
he is dead ; and may God havo mercy on
your soul.
In delivering the above opinion the Court
could but decide upon its bearing upon
principle of law. They could neither turn
to the right nor to the left. In duty boui.d
to expound the question involved in ac
cordance with legal decisions, they have no
riixht to prejudge and no province to exer
cise sympathy. A judge must steer clear
of tears, aud wavering opinions of senti
mental bystanders. His duty is simply
one of legal straight-forward ness. His
tenderness must be turned into judgment
ins pity into sternness. In pronouncing
tho sentence Judge Rockefeller evinced
: more feeling than the condemned prisoner,
j His own heart melted, and his lips quivcr
; ed. If tho prisoner is insane, as the scnii
I mental public arc now wont to assume, his
j own counsel contended against it. One, of
them says he is perfectly sane, or they
would have put insanity in as a defence ou
the trial.
In the case of Com. vs. Charles White,
for highway robbery, in Sunbury, Novem
ber, 1. 1S7I, upon John Emeriek, a citizen
of Jefferson county, the Court sentenced
I tho prisoner on Saturday morning last to
I five years in the penitentiary. The public
is already familiar with this case, as it has
I occupied the attention of tho Court and
i county since November last. The case
was once considered settled by argument
of prosecutor, but at January term the iu-
delatiguablo District Attorney' brought tho
I case up for trial. Au indictmeui was
j fouud, and upon legal technicalities was
I quashed, aud then taken to the Supreme
court oy me pitsoucr's counsel, S. li. lioy
cr, Esq. The reasons which Mr. Boyer
presented for discharging the young uiau
were not acceded to by the Court at Phila
delphia, aud he was remanded back for
trial. Ou the trial last week tho evidence
seemed strong in favor of the young man's
guilt, while the cross-examination and the
! evidence of the defence did not detract any
i r.-. i, '1M, iv. t
....... ii. aiio 4.'iouu;i. uuy , ueu.
Clement, deserves general credit for his tin
tliuchiug endeavors to bring guilty offend
ers to justice, while the prisoner's counsel,
S. B. Boyer, certainly will be accorded
praise for his earnest and untiring efforts
in oeuaii oi me young man, lute, wtiom
hu so ably defended. The prisoner is only
a young man, aud hails from Ohio. His
mother, a line and young looking widow,
was prcseut during the trial, and of courso
evinced a mother's solicitude and a moth
er's love for her wayward sou.
Mistaken in the Man The Chicago
Post says the nomination of Judge Davis
is immensely popular amouS the Demo
crats. Thu majority of them believe that
it is old JefT. himself who is running on the
Labor Reform ticket.
The Legislature has appropriated ?10,
000 to the Normal School at Bloomsburg.
Mad dogs are creating much excitement
in the vicinity of Berwick.
Baltimore has strawberries from Cuba.
They are real imported Havanas, aud have
the true West Indian flavor, aud also, it is
needless to remark, the true imported
price.
Our importations of foreign merchandise,
last week, exceeded eight millions of dol
lars. More than forty years have elapsed since
Johnson's Anodyne Liniment was first In
vented, during whih ctiiue hundreds of
thousands have beeu benefitted by its use.
I'robably uo artlclo ever became so univer
saly popular with all classes as Jobuson's
Anodyue Liniment.
Tills which contain antimony, quinine
aud calomel should be avoided, as severe
griping paius would be their only result.
1 he salest, surest, and best pills are Par
sons' Purgative or Anti-Bilious Tills.
Notice.
Notice It hereby given, that I have purchased
the following articles belonging to Geo. J. Gei
ser, st BherilT 's sale, on the 16th of February.
1873, and that I have loaned the same to the said
Geo. J. Gelser during my will and pleasure, itn
one cook stove, on parlor stove, and one truuk.
I'll AS. P. 8EA8HOLTZ.
Sunbury, March , W8.-81
jeto bbtrliaemtnts
Cwi-aiul Spring Opening
AT
S. HERZFELDER'S
Popular Clothing Store,
Corner Market and Third Streets,
SUNBURY, PENN'A.
Now on Imnd and receiving an enormous annortmeiit of SPRING GOODS.
500 Business and Working Coats,
400 Dress Pants and Vests,
500 Business and Working Suits,
15 HSoys Suits,
ITS ami CAPS 1 W ai BOYS.
A grand iiMortmcnt in tills line. Inrlmllnir nil the TerT Intent Bprlng Styles. A lsrre variety of
BOYS HATS AND CAPS.
Gents' burnishing Goods.
The Largest AMortmeut In this line to hi found otiUMe the large cities.
5. O O Si
C'?T!!r7irpvi pency for ,he C'drated QUAKER
UTY mid LU.U'SE FINK DKKSS filllUTS. every one of which It Kiuiraiitced a perfect 6t.
S11IUT BOSOMS, &c.
Gents' Spring and Summer Underware.
500 Overalls and Oversliirts
made to order. Only ths beet material used and sewed.
Trunks, Valises, Satchels,
Umbrellas, Walking Canes,
and numerous other articles. All the above goods will be offered at
EXTRAOR3ISr4R TiQW PRICES
Buying only of the largest and most reliable Houses, aud for CASH only, and doin
V,Vpn,ai:.t.oil,"?88 My lino in lhis l,ftrt "f the ufy. I am enabled to sell
ItK AUT R:L.i.S at
Lower Prices
than any of my competitors here or else where.
Call at the Large and Beautiful .Store H.j.iiu,
Corner Market and Third Streets,
SUNBURY, PA.
g. HERZEItDlR, Proprietor
Sunbury, March 23, 1672. ly.
doi'TY umsi:,
"V T M . KKK.SE, 1'n.prletor, Blianmkln. Pa.
M This house bait been refurnished with ail
the latest Improved furuHurr, liv the present
proprietor. Every alleiilioa paid to the eoinfo't
uf iruectf.
fchaiuuklii, March 23, 187.-ly.
.4 I'KOriTAHI.F. ItlSlMlSH.
I.ICIIT Kyi' ALTO C.AS, AT ONE-EIfiUTIi
THK COST! t'anuoi he e sploded. No ehlmnev
or w iek lised.
Meu ilesirine a Prolltuble Htislncsn. can ceeure
I the exelusive right for the sale of Dyott's Patent
Larhnn Gas Light llurners and Oil, for Counties
and States. Write for iufoiinntioii or call ou
M. Ii. DYOTT,
No. IU South Second Street, Phiia., Pa.
N. B. Churches furnished with Chandeliers
and Lamps of every description, !i5 per cent,
cheaper than at any other ei-l iblicUraeul lu the
country.
March 23, 18T2.-3ui.
AgciilM Wtuitrtl lor the ovt Work,
OIK 1 IIILIItt: i
on,
How to Make and Keep them Healthy.
By A cot stcs K. Uahosf.r, M. D.,
Late Professor in New York Medical College.
It treats of Amusements, Educallou, Physical
Development, Discuses, Accident, Marriages,
Ac, imparting a vast amount of valuable infor
mation conducive to the Health, Happiness, and
Welfare of the Young. Written iu a pleasing
style, it is exceediugly intertilling, as well as lu
st native.
Every Family should have It, and uo Parent
can utl.ird to be without it. Send for Circulars
giving full particulars.
DLKEIEl.I) ASH MEAD, Publisher,
Til Sansoui Street, Philadelphia.
TO BOOK AGENTS!
MARK TW AIN'S XEW BOOK,
"HOUGHING IT,"
Is ready for Canvassers. No book Is looked for
more luipatieuily than this, aud agents will do
well lo get territory for it us early as possible.
Apply for Circulars und terms lo
DVKFIELD AsdlMEAD, Publisher,
711 Hausoui blreetPhiladelpbia.
A VMluable stud Eloquent Hook or
l'opular Nfleuce.
BENEIMCITEi or, The Great Archltfct lo
His Works, liy a Loudon Physician. From
the London edition of John Murray. One vol.
l'.'uio, X70 pages, elegantly priuled on tinted pa
per, cloth extra, bevelled, red edge (G. P. Put
nam Jt Sous).
CH1XT CONTENTS
Introduction. The Heaveus. The Bun and
Mood. The Planets. The burs. Winter and
Summer. Nights and Days. Light and Park
uess. Lightning aud Clouds. Kboweri and Dew.
Wells. Seas aud Floods. The Winds. Fire
and Heat. Frost and fciuow. Etc., etc.
. ''The most admirable popular treatise of na
tural theology. It Is no extra vagauco to say that
we have never read a mors charming book, or
one which we cau recommend mora confidently
to our readers with the assurance that it will aid
them, as uoue that we know of can do, to
'Look through Nature up lo Nature's God.'
Every clergyman would do well particularly to
study this book. For the rest, the handsome
volume is delightful lu appearance, aud Is one of
the most creditable specimens of American book
maklug that ha com fiom ths Kiveisida Press."
Hound TMt, X. Y.
Estate or George tisss, Deceased.
TsrOTIC K Is hereby given, that letters Usla
Jk!N mcntary have beeu granted to the under
signed, on the estals ol Uuorge Gass, lat of the
borough of buubury, Northumberland eonnty,
Pa., defeased. All peisous kaowiug tbemselve
indebted to said estate are requested lo muk im
mediate payment, and those baviug claims to
present them duly authenticated for settlement.
P. M. btllNDEL, Executor.
Bunbnry, March 9, 1S7S.-6:.
Stallion for Sale.
Will be sold at private sal by lb un
dersigned, the Young bullion, well
known a lb 'Mescxer Horse.
This celebrated bora is T years old, a dark Uuy,
aud is of pur Virginia stock- Apply to
1. IL HESALEJt,
Oorg4wi, Ktwth'd Co., Pa.
March , irr.
A. II. FKAXCteCUS & CO.,
318 Market Ktrcel, Philadelphia.
We have opened for the SPRING TRADE, lha
largest aud best assorted stock of
; TIIILADKLTHIA CARPETS,
Tabic, Stair and Flour Oil Cloths, Window
Shades and Paper, Carpel Chain, Colton,
Yarn, Uat ting. Wadding, Twiues,
Fancy Muskets, brooms,
Baskets, buekctr.,
Brushes,
Clothes Wringers, Wooden and Willow Ware to
, the United Stales.
) Our large Increase in business enable ns lo
! sell nt low prices and furnish the best quality cf
Goods.
i BOLE AGENTS FOR THE
lelebruted American Washer,
J Trice 63.50.
Over 13,000 Sold In Els Months.
, Terms : Cnrpets, 60 d:iys.
Ail other goods, CO day's, Ket.
i February 17, 167i.-3m.
T. II. It. KASt,
4 TTORNEY, CONSELLOR, tc
Office In
x. the Clement Uulldingt. second floor
trance on Market street, Sunbury, Pa.
Sutibiiry, March 10, lS72.-ly. "
Eu-
AIs.TlIMISTltATOIt'S .NOTICE.
, I'.Mnte oTIIeury Hopper, Deceased.
! Notice U hereby given that letters of Adminis
tration have been grunted to the undersigned,
j ou the estate of Henry Hopper, lata of the Bo
I rough of Sunbury, Northumberland county, Pa.
i deceased. All persons Indebted to said estate ar
' requested to make immediate payment, and tbo
having claims to present them duly authenticated
for settlement.
P. II. MOORE, Administrator.
Bunbnry, Feb. 84, lS7J.-Ct.
Stockholders .Meeting.
i "OTICE is hereby given, that au election for
I -L officers of the Fort Augusta Building and
Loan Association of Sunbury, will be held at
j their room on Thursday evening, March 8S, 187;',
, te serve for the ensuing year. The Htnckholders
are requested to attend. L. T. KOHBBACU,
Alleit, President.
I Jacob Suipman, Secretary.
! March 2, lS7li.-lt.
A. M. MEIXELL,
P1AU IS
Aaaorleatn and Enron
WATl'UEN.
FINE JEWELRY aud SILVER WAR11
Perfected Spectacles and Ero
Ulavsses.
COLD nEADED CANli.
Watch d Jewelry cally repair and war.
raolsd.
Market Bquar, 8VNBCRT, fa.
rb. J, 1873.-lf.
AGENTS WANTED.
St
ROUGHING IT,"
IS READY FOR CANVASSERS.
It Is a companion volum to
"IXXOCEXTBJ ABROAD,"
of which
Bav already bead ordered, au Is still on of
the best selling books out.
Don't waste liin ou book no ou wants, bul
take ou people ill slop you in the streets lo
subscribe for. "There is a Urn to laugh," and
all who read this book will see cleaily that tiro
ha come. Apply at ono (or TetiiiO'T, Cire'i.
Irs, sid Ter.ns, Adiffs