'nm DAIiLY EVENING TELEQIUPnrniLADELPKlA, SATURDAY, JANtUltY 30, .I860. 8 CITY jfeTEIiLlQENOE. nm, Normal BcnooL. This enlng "?lSrar of Mosle-ln the MMmblw V?. S to rather tbere-wlll premt ettrao- MOD tiii iTed scholar tod the empty- Va VTn The attraction Is to be me win dlf JESSt of the ilrls- Normal Sehool-or . lrl themselves wno hiwiwi-wl,-Vn .alloommencemer.t. The steady 4 Ple. ,n.!.rt will go to qnaff pleasure fron ie from me ""uu. tar thAlr win produce no bar trn"dPbe one of Pl.a, 7h scene one OfWuty and gr bar' v-h. ,7 o.r,and profit the fcene one 01 d-bui .., Home or the welly damsels we have so (recently encouu Lnred on the street, carr'in b0oks In arms, will drop mow boor, to-night. Moslo, no will lend 1U ettraoirmg to tbe entertain mnnt to-nteut vocal from the throats of tho lirii and luRtrutne'jUU from the throats of tUe Brass wblrUtt'K8- '.Oon't fall to at tend. A Sflkndid CjvKjwa. Mr. Gastava Panl, the enterprising and efficient agent of the Knickerbocker Life Insurance Company, has lost reinovett to a tiw and spacious otnoe at Vn Hi H. Fourth 6treet,below Obeenut, and eVicbrated the event on Thursday last by glv-ine- an entertainment to some lour or five hun dred of bis friends, wbloh Is ooncoded on all mules to kiave been one of the most sumptuous nd el tTnt aft'ulrs of the kind ever notion tip in Philadelphia. Everything that the mot TaetlnK eploure could desire was spread in the ere-sest profusion on superbly arranged tables and thegueBts present did amplejumloe tn the magnificent feast prepared for them through the liberality of Mr. Fan!. Hon. Eras Ins Li man. President of the Kulckerbooaer, and other distinguished gsntleiueu, graoed the Tieosston with their presence, and wit, mirth, nl ood humor reigned supreme from the beginning to the clone of the admirable affair. Fer.rmors Characters. Robert Polln and Joseph Dovie, at an early honr this morning, were found prowling around the vicinity of Twentvlxth street and Washington avenne. on being arrested they said they were from ew York, aud In search of employment on tnes'eam railroad. Being suspected of being bnrclars, they ;were taken before Alderman 13uusiU and bound over In ilOOO ball. Ksockeditto A Ckkek. 1'eter Wright last evening, while walking across the Frankford creek bridge, was struck by a locomotive on the Philadelphia and Trenton Railroad, and knocked into tbe oreek. He managed to get out of the oreek, and readied his home on Ouin berland street, lie did not sustain any serious injuries. Watch Pbksbktation. Last evening ex Cnlef Engineer Terrence McClusker was pre sented with a verv fine watch and chain by his friends. W. I). Kendrlck, of the Colombia Kngtne, made the presentation speech, and Joseph A. Bonhain, Ksq., received the gift on bebalf of the recipient. The ceremonies took place at Oeorge Olenn's restaurant. Decatpb Lodob, No. 33, I. O. O. P., held their annual sociable on Friday evening at the Musical Fund Hull. The attendance was large, eomiirleinglnteliiaence.emlabilliy.anel beauty. All teemed to enjoy the dance, the song, and the nsual ttcrterut of the occasion nntll a late hour, when they parted with the pleasant desire of mealing again and often. Violating a City Okpisance. Edward Chambers thfsmorniog was lined by Alderman Hurley for violailng aiclty ordinance, In leav ing bis horse stand In Third street,' above Cbesnut street, without being tied. The animal went on the pavemeut, and kicked a gentle man who happened to be puialng at the time. Sermon to Young Men. A sermon to young men will be preached at the request of the Young Men's Christian Association, by the Rev, J. Wbenton Smith, D. D., at the Spruce Htreet Baptist Church. Hpruce street above Fifth, to-morrow (Sabbath) evening, at li 'clock. Bents will he renerv6 I for young men. The Riflk Club Ball. The annual ball of the Philadelphia Ride Club will be given on next MoDilav evening at National Guards' Hall. The gentlemen having cbarge ot this aflatr are exerting themselves to make It the most bril liant ball of the season. Those who participate may expeot to have a good time. Still Mibbiko. Jeremiah Qulgley, the elderly gentleman who left hla home,JsTo. 1323 B. Seventh street, on the 7lh or December last, is still missiDg, Ills friends :and family are till making every exertion to find out his 'whereabouts. Disorderly IIoube Case. Alderman Kerr this morning held James llagan for a further hearing on the charge of keeping a disorderly house at Mo. 'Hi Moole street. Tne arrest was made by Sergeant Murray, of the Seventh District. A Colokid Tuikf. Abner Allison (oolored) was captured by Policeman Myers yesterday, with twenty pounds of iron, which he is sup pose d to have stolen, Alderman Toland Bant liim below. Thb Death Wapsast, Tbia morning the Sheriff of the city received the death Warrant in the case of Gerald Eaton from Goveraor Oeary. This afternoon the document will be read to the doomed man by the Sheriff". Exhibition ok Supekb Paintings. The col lection of Uoupll & Co, will continue on exhi bition at the Academy of Fine Arts this (Satur day) evening until 10 o'clock. Admission Xiee. EXECUTOR'S SALE. ESTATE OH" fJ Algernon H. Roberts, deceased. THO- SoAd SONS, Auctioneers Two three-storv brick Dwellings. Nob. 1067 and 1009 ReaoQ street. On Tuesday. February 16. 1869. at 12 . o'clock, noon, will be sold at public sale, at the Philadelphia ExobaoKe. all those 2 three-storv brick messuages and lots of grund thereunto belonging, situate on the east side or Beaon Htreet, Nos. 10U7 and 1069: eaoh lot containing in front 17 feet, and extending In depth 69 feet lo; lnchta. The houses have recently been pnt lu thorough order. Clear or all incumbrance, rossesklon April 1,1860. M. THOMAS & BON3. Auctioneers, 1 30 C3t Nos. 139 and 141 B. FOURTH at. TRUSTEE'S BALE THOMAS & SONS. u-y , February 23, 1869, at 12 o'clock, noon, will De sola at puuiio ame, ho iuu ruuuumpuis r.x change, all tee title and interest of L. F. Barry, trustee oi Mionaei Jierr, lq tue ionowina pro TWJrlV. vie.: 2 lots of ground, 25x100 feet. Pacific City (a city in prospective), lu Washington Territory. Also, 1-40 of the undivided part of said Paclno rtitv. Also, 4 lots In Syracuse, Oregon, each 25x100 feet. Also, 24 lots In Canemah, Oregon, each 25x100 feet. Also, 8 lots in Syraouse, Oregon, eaoh 25x160 leet. Also, 1 lot In Buteville, Oregon, H of IJ-J acres Also. 1 lot In linlevUlo. Oreirou, 25x100 loot. Also, a land claim to W0 acres, near Oregon City. Oregon. Terms Cash. J3y order of I F. Barry. Trustee. M. THOMAS & HONS. Auctioneers, 1 30sw4t Nob. 13S and 141 S. FOURTH Street. Jim ORPHANS' COURT SALE. ESTATE qV Til Adam Johnston, deceased. TuoniUH i tou-v. Auetloueers. Three-story brick U welt ing. No. IH0U Ruoe street, west or Ihirtuenth street. Pursuant to an order of t he OrnLaris Court, for tne city and county of Pniladelpula, in oe boiu a i pnuuo sale, on Tuesday. I'ehru r 23, lbi9. at U o'clock, noon, at the Philadel phia E.chunue, the followlnit described nro. periy, late of Adam Johnston, deoaied, vi..: All that three-story brick messuage aud lot of gronna. situate ou me nortn Hide or Hussufras iiutbl. 83 leet 4 Inches westofTbirteentn Mtrfint city ot Philadelphia; containing la front 20 leet 10 Inches, and in depth 100 (eet to a 12 fent wide Hey, leading from Thirteenth street to Juniper street. Hounded on the east by ground teranmri to Christian Hank on ground rent, on the north by said l'i leet wide alley, on the west by ground eran ted to Peter Armbruster on ground reut. .1. ......I. . w Ul u u l,t -.... 4 1 Being the same lot of ground wbloh Thomus y btilleeud wife, by Indenture dated April 7, A it lxn n-anrdkd in Deed Book M R. No, 18. nam iui .tji ar-nted and conveyed unto tlie said Adam Johnston, lp fee. Under and subject to the payment of a yearly ground rent or 111 67 In n -mi eunai half vearlv dv xnents. Together with the use. right and privilege of the said 12 jeet w meaner, witn ingress, bkhm.uu with and without horses, cattle, cart and ear- riages lnvo, out of, and along toe same. Hy ths Court. ., JOSEPH MEOARY, Clerk 0. 0. jAMVJi jDHNwiviki . ecniors. M. THOU AH A SONS, Auctioneers. ) 80 31329 No mas.mil b. FOURIU Ht, THIRD EDITION THE TWITCHELL CASE. -flIE OPINION OP THE COUBT. SENTENCE OF DEATH. JnOge Brewster, In delivering the opinion of ths Court, referred to ths fact that oonnsel for the prisoner had sat quietly listening to the charge of the Court, and, had offered so objee tlon to it; in fact, they had.even withdrawn sng gestlons that they had made, aid, that the Court was about to answer; but now, when the lime for correcting anything that was wrong belore the Jury had passed, they attacked the charge and endeavored to make Its supposed errors ground for a new trial, Entering upon the details, his Honor said: Gc id mon wealth vs. Qorge S. Twlt-ohtll, Jr. Mo tion lor a new trial. BunwtTaa, Jndga. Th's lata motion for anew trial, iwenty-llva reasons have been inbmlued In tupiKirt Ol thin application, Thry bays bwn argued at g-rtat langih aud have rrcnlved from us most c. fnl coniiue aiioa. We eball endeavor to Olsuoie ol lbm In lh ir ordpr. 1 be II inf. ron1 and third reason refer to certain remarka alleged to have nvfo made by tbu Dlttrlct Aiionuy m lii clutlug addreiui to tbejury. M ebnve not oem reifrn d to any caie in whloh a uew trial waa ever granted lor almliar reas.tni. ll the conveitailons alluded lo were nndeihey wsra prbaia bnlai namral reply to the arguiue .la al creitd to tue jury oo upnalf of the dciendnot. Wo c.lijeciion at made at the time and do complalutcan be iiie loteipuBfd. 'i he reanoiin, Irom four to twelve tnclntlve. eoin plaln of tne charge. It mlgbt be a nnllloient auawer lo all of tine to tay tbat i.pon the conuiimtun of tne buoy of Hie charge, the Uourt stated that oertnln points bad been preeented by ihS learned cannsel for the deiendant wnlcn woo'.d be read and anawnred Oneol theoounael for tne defendant thereupon rose and maud tbat all the points thns presented were withdrawn tbat tbe defendant bad bo ezonptlont to lue Charge and tbat llio counsel elmply denlred to In vile a correction as to tbaataieioentol tbe evidence upon two points. Tbene were snggosied, and tbejury were directed to regard the cbarge as amendod la all Of tbte pert cnlart, Alter ibis public disavowal of all exceptions, It might not, perhaps, be deemed an aroltrary exercise of our discretion to bold a party to bis open luilone menttifthe uorree ness of the charge. We are not aware ol any principle which allows adefennautt i D UK ad a judge not merely by failure to ohlect, but by public aoproval, and tbe atatetueutof nitnor cor rections which be prays may be made. Alter all this, when everything he desires shall be scld, It stated, and the whole Instruction is moulded exactly to bis wish, hit criticism upon disjointed tucmbcrt of the cbarge may, perhaps, be falriy caned an afterthought. No exception c uid, under such c'rcumttaarei, b9 subsequently allowed In any cane, civil or criminal; and no Judge could, after tucU a stutenitnt, certify that an exception was "then aud there" rendered. This, however, It but an additlooal reason for a careful consideration of alt that has been stated add trttued In this behalf. Anxious to correct any pos sible error which can be dloci'Vered In tbla record' wa have examined the charge wild careful aurutlny. and are all agrted tbat there was no injustice to ike de fendant. Uoinplalnt la mide as to tbs Instructions upon ths law. Iheceleadini'a counsel bad repeatedly ataied tbat Kirs. Hill had been brutally murdered. They vied with tbeCornmon-'ealih'omrr9 in denouncing uiosi. hoicely tbe barbarity of the deed. There was not iben-there It not now any question as to dsgrets of crime. Nor could there well be any disputation en this Eolnt. there was no evldence.no pretense of hot lood.of conflict, or telf-detense, ol Ibtoxioatlon, of anything which emild define this crime as aught else than murder la tha first degree. To the pie-tent mo ment nothing baa been even suggeited in rednotlon ot the grade of the offense, nor Is it contendod thai the resptctive positions ot tbe counsel In their argu ments to the Jury were mlsreponed In the cbarge. Jt frequently assists a jury to be reminded of the points assumed by the different parties, and provided ibis In dene iratbitilly, there can bo no passible com plaint, lu tbe preient case the statement of tne Jon-t as in exact conformity to the fact. Tbe Jury were not Informed of the opinions of tbe Court as to tbe degree of the crime. Tuey were told that tbe ooeatlon had not keen raised, and tbat all the c .tinsel agreed npon tblt element of tne ca-o. Jim ilisy were cail'ioneo. mac atmougu urn cutius-ti lor tne ueiea lut bad deucut ced tbla uffeust asbrii'.al-as wilful, de llnerate, and premeditated still It wat the duty of the Jury to set upon no concession. i ue language upon mia puini wai meet explicit, Tbe Jury were this advised: It In nroDur. bowevar. tha'. in a caeofi mtiuh magL itude lio'bing should be tanan tor granted. Ail that, preceded tbis was but a repetition ol whatcoua I had frtauemly and loudiy proclaimed. Tiiara wat not the slightest latinaa ion from tne Court of any opinion npon the subject. li a (leiencani cnargeu wna aowiciue sees nt to dencnura the ciliue as brutal. co.U-bloodsti. preuie- dilated and in addlt on tj that to set np as nit do- euse that tte perpetiator was a our.iar, waa miir- dnr.d an unollondtne woiEBU for Uie purnase ot ob. tain It g the monty whicn, ucoortling lo thj defml aur. uhe habitually carne i lu r her bosom, It surely does net lie wun mm to comp ain or a uourt wuo, ra- 1 erring lo this llneol oeieuse cannons tne jury "to al e liuthinu for irianled. but, to listen lo the alatuta wnicn atones me uiuvrtmt nisutii u uiiiruer sua re- nnlrts the Jury ll tuey nuo a psrsoa guilty , to ascer tain in ihtir verdict whtthwr.il be murder of the tint or second oegree." l ue whole section, inciuuing me wnut juatanoteu. l int Of murder generally. Kitopd, Of murder in toe first degree, w-.im fi m ,.wti.r In t ft n nnnd dirrea. a'm.. .hap., as la -tha law of the case a ut . uv . . . . i v,.a u,-- nn 1 nm niniions to tne jury OH llie eut ieci, no intimations even of u opinion :here was luu. ea tbe absence ol all advica as tue degree towards ihich the iactt FOliuea ue ivm u. upremeccurt have recently declared to be "entirely fcloper. iV.1. aann wa wnrA vnfai-rft lA ni.,.V. I'limmnnwenlia I l'i wr.. 8G9): but neither 111 I IDUUlk U .11- . . rU.JW u v " - - " -w.-.-w. . W in ll nor i he still later case of lne vs. Common wealth (I'lttbburg lxuu.1 Jnteitiiii nci r ot Noveoioer iW, ISnt, p. i t) waa tus qnentiuu reib iu iuo juijr, m tue first case tbe Judgo said-. "11 you nna tue aerenaani, guuir, your veraiil mutt Btaie suiiby ui uiurier ju iue nrsi, ue.rue. In Lane vs. ComuonwsuitU, the Judge instructed tbe Jury thus: "lbeie it no mianie coatHt, ne (tue aeienuant mist be convicted of murder lu the first degree, or acUii'-ta oi everyvuiug. lhese directions were condemned la learned opi nions ol Woodward. (J. J., and Tnomnisn. c. J. Ia the lattercase the Chief Justice, after exposing tne ti r(r of tc e shari e, ta : "It It only with the quettlona of law raited that ws have io deal; and only In the particular dlscussud do we tee anything to be found fault wilb. uor are we to be understood at finding lault with a practice which Is entirely proper of judges freely advising Juries at lo tbeduiy of ascertaining the dtxree of uiurdor to wardt which the facte seem to point, always leaving1 Ileus, however, free t td-lllierate upon, and tbe duty aim respuupiuimy oi nuuiug me uegrae, u tuey oan vlot ol murder." In Kllpatrlek vs. Oomm (7 Casey. t&O my learned orotner juoge luuiow, ,aiu: vve win aeituer tera noilr.enor nuivoca.e in acaute ot tbla maernltiidn. 1 be rourl are of the oclnlou from their vlaw of the tacts ef the cane, that ir the olteasa with which tUtt prisoner is charged la not maoHlau.nier. It it mardur in the nrstaegree. as ma jury oaneve rmm tua evi dence tbat the act was commuted In the heat of binod. or upon a sudden quarrel, or wun oooinett and aeuaervtuon. ... . TLla was made the tuhjrct (it exception, lint ths Bnpieme Court said, per strong, J. (i. !ii6), "A Judge may rlghllufiy express uit upmiou renpauiiug tne eviian-e. si.d It may somotlmet be his duty 10 do it. yet not so at to wlihdraw it Irom tbe consideration ana aeemton 01 uie jury. ,., . . Imw.n lirB.m li Ash. 1 HI). K Inf. P. J. In Cbaige which was really a treatliu npou tait subject, iiBtn inlo mi.hilii .laniiuaie: "Unou the supuosl- tic n ansumed. we are ol onlulon tuat the prisoner Is guilty er -ll'nl, d iberut and premeditated mur ir. Provoca lou la this case is oat ol the niieHttnn lu I'aibcart vs. ronimoawealth fl Wr. 112) the Tn,i in ..,.., ain- iiih lurt stated the noslltons relied upon by the Coiiiiuonw elih: A a retuion for luler ring malice andadesigi to kill." prefacing the re- Dihrlt wli h the words, "Again H in urisu "r immm monwealth." elc. It wus ar"ed tbat there wai error In snhmittirg to tue Juiy uao falsi y or the defence, l .11 Inl.r.tmu f,f muiii'.i and deniiru to khl. Hut Hie (Supi oiie Cuurt alUrmed tue cdrreclaeess or ' Atkvlaeioe ot preineallatlon here, we have the kllchen ptker carried up aialrn luto tbe dinti g-roona -a wt und Inflicted upoj the pan ollu skull anowa to be tbe weakest the mortal biowg'veu uponare oatrbent body and the llugnr alCLiv.t severe i whilst tbe hand (according to l ie last a.guoaeni Bnb:nllied louscn betaalt of the dif-Bd"."!) wat ahadiug tne .,,,ut.i lfl li'Am Lli llirllt. 'I be filth reason complaint, thul the evidence of Ofll.er Thorp was not stated In the analysts or the tentimouy on the poiut " to whether the uulocklug Of Die door couni oe oouru. ii i ha... .AAloiilm!. TimrA wpjl dlatluctlV mU- .i...... n,ni, ,h ut'ii. wUneiaw unon this m.lnt. and 1 1, a whiile I..,lIuioiiv on tbit brauru efthe ca-e wlthontany detail ef particulars, wat summed uptudrefeiTHd t me Jury with the tMreotlo-.s to 'carefully cout'der all that had buen said upon the St tiler l " 'J lie sixth reason assigns as error the remark that "a dtop of biood" wai lotiud ou the blanket. His admltie that blood was found on tha blanket, bui it Is argued thai tbe Court should have called It a 'vuiear." or a d'aln," and unl have referred to ll as a "drop." We areat a loss to appreciate the force ot this er.llclsm. Tne r.nt. an far aa It was ma'srlal wat tbe xlneoce ol blood on tbe blanket. It surely mailers not whether 11 Is called drop, slain, or t near. It waa undoubtedly of Importance to distinguish the " upuu ueiviiaauta viotuing aou to apaa ui lliem aooarately. se as not to confound aprtuklee with i mean ilutne aue could be muled bv applying I he aerd drop-' tethe ttaiua fiuud ou the blauket. a ble appears auora clearly by reference to tha tito- ceedmg aeBieaca of tha charge, In wbloh the Jury w re tuia iu m. win iiuoruied tlieiu "tuat tue (poit ss toe uauaet, vu ciotn, tu) , were blood.' The irTlh rM ebarva h the Jul oralttad to call tba attention ol lh Jury to the prtloa auDmfd by ts ltn that th iaklai ot nloo I fonnd opon tb prinonM" sblrt-cntT and co'lar bd bn eansod ly tbo ck.riK ol kit clothe o put ir. Tha 1di-b or ths 1ourt opon this point waits ftillew: "Un bnkalf of lh nlndnl It bat oo ergKi tbat small partlclot of blood cuald btve brtn sprinkles onlbttbirt from hit ktodi and froin the lapel or bit com. Oa tblt point, tad tha tuvnoa or iy brains on tbt poktr, Dr. Fains hat b8an ax tntlnta." Thin rMn h not rrtml upon the aranment. Tbanaxtoblactlonio tha charge It bocna of tha ttawroant that tha prltnnar "Sad tpoken of tba S eaanad lnnultla.ly." Toe reaioo tbao soti oo to admit that lUtre wat evldanoe npon this point, but ' " tlx montbt befor. Ina "?E ' There was no oMtctton to the recep tlon of this testla ony when the questions were pro pounded, and no motion to strike oul tha antwart was laternosid at any time. i'liera Was allnslnn mmAm ft Ik. a.lil.nu Ir. Oiiberlln oneol ikepointa presented lor charge, but when the Court were abont to read and answer tbe points tliey were all wI'Mra-m. F.ight objeotlont lo varli ns ofTcrt made when Mr. Oilnert w nn the ttand wero tnstalned, and trr motions to strike O'lt """"" or nit testimony were allowed, Kvery ooubt upon these questions ef evidence wat 'hrowa ItllO lUSlrA Al llterf- .nil .V.l.nninl -Kl,,l, Ingenuity ol learned and vlcllaut conntel oomd tug. K; st waa patiently entertained and caroluliy cou Bicered. The ninth reason aslens tor error Ihi'illntvH qnoied from Mr. Ilolllngshoad's leiilinni-y. This wltnea said tbat lie knew "to whom the shingles be- lOn.fld that thev hnlnnced tn Mr.W.M.,,. .Ti M.. folk." The complaint la that the witness afterwards stated thai he had heard that the shingles belonged to Mr. Wallace. The remedy here wsa to move tu striae ont tbe testimony, orto ask an instruction tbat itsbould be nlHreuardAil hv ilis inrv. Nxti t,o rf i... steps was taken, aud no Injustice could possibly have -,i,.ru w tu-ueiuuuant rroiu mis reiereuce to Mr. Holllne.-iheftU'a evldenne. for It was nm. ,,,nramiari that tne Hhlnglns belonged 13 the defeudant. The tenth reason Is auswerec. by the n ilet, which abuw tbat tho; lustiuctlon did not inlsconcoive lbs evidence. The eleventh reason complaint tbat Alteelt'a testi mony was not referred to In the analysis ol the evi dence npon the question or the time or the oommls lion Of the murOer. It was lntrndixl In this ii.rl ef the charge lo group together tne statements ot the wincessea wno went into tue house and saw .he body. JJr. Altgelt did not belong to this class, and was to ouidingly u t ntticed in this connection. Me had been referred to however, at some Inusih. .M i k. jury had been Instructed that if Altgelt ware oe- nevea --tne aeienaantM theory of a burglary would be strengthened or established." And, aalu, "lu support of thea'legatlon of a burglary, consider the in, hi uacK ooora ine evtueucs or Altgelt and any other fac's you can recall." Mjr was SB? Ihtllntlne rlone to the d, fanitant In this beiialt, lor the question of time was In noway with- wrewu iruui ine jury. i ne iweiun reason suggesis tnatiue juagesnouta have called ths attention ol the Jury to the fact thst Altgelt had uommanicated to eihors Shai lie had seen two men leave the house, and to the ouil-sUo of the District Attorney to contradict Altgelt lu this patsicular. inese matiers were or very inning importance. Thev had been nraed upon tue attention ol the iurr by ibe delendant'a couusel, and unless it Is the iaw that a Judge It bound to repeat and enforce every argument of the accused, there it surely nothing In this reason. The trial occupied ever a fortnight with many double sessions extending to a late nour. To require that a charge should, aiMr such an Inves tigation, not only notice all ths mlautliu of a case, but dwell upon every omission or counsel, would Im pose upon the court a laborlu many osr.es Impoeslbie rt performance, and In all oasts useless lo Its bom',1- cation, Hnth a recapitulation ot a case would serve rainer to bewilder the memory than to eollguleu the UDUvnianuing. It ia al o ia be borne tn mind In the consideration of three reasons tha. the Jury were illstioo'ly told tbat "uo o imment the 'lour t might make on the evi dence waa In any way binding upon the Jury." They were also instructed -logive to tne uereaaant at every stitie of their Inquiries) Ibe bantHt ot his character, or tbe presumption or Inaccetice until guilt Is cler:y established, and of every reasonable donhi." Thev were further warned to 1 guard themselves moM caref.iliy against any prrconceived ideas wnicii might lead mem to rea-.on iiaucuraieiy." They were even ca ntoned, not to accept tha ad mission that Mr?. Hilt had been murderd. but ' to look at all lbs snrrotindingi to see whether they repelled every presutuption oi siticiuo ror it it wen," tbecimt added, "to accept no concession and ti prove H thin-.-b." In support of the defense that the rtoed had bea.i committed hy a burglar, the lettlmony ot Mr. Altgelt was referred to at sume leu;th. The Jury wero also reminded tbat the aerenuania wituesset, Messrs. Williur. Thorp, Clltr, jHlolt, and uassldy, bad proved tbat the ' door could be unlocked without makinir any noise whloh could be heard by a peron on the ovilMlde." The HibstBi'ce of their tvlduoce was re ctteo and the Court added, ' as very mticli In tins oaae may depend npou inis apparency ir it'ng vircum stauce. y ti will caretull) csnnlder a1 1 that lias oven tatd npou inis stiujeet,. n you nna tout tan noise oi ontonklug the .oor conld not have baon heard by Karnh Oampbell, then yo:i will ot course reject that pun ion of her testimony," J ne jury wuie ninii iuiu ..jai ii .u y usjiarcu Altaell. the delendant's theory of a biirstlarv would be HtreLuthenaa or eatablhihed. More than this, tha jury were told they could adopt the theory ore bir- f lat y. even lliongn tney oiu not i-reuit atugeit, rna anguage of tbe charge on this point was in these wpidti- L....., ,.,...,.t . "II you BO nut oiieve mui iaiis'i'i u jvu nuu from the circunibtances of the back doors ba'ug open. or from any other lac . yon can reca I, that the pre mises were unlawfully entered ? It la ror tbe jury to take a oarelul rf view or the whole case at this point, in support oi u biick.iiuu ui viiiMrj, consider the open btck doo.t, the evidence of Altgelt, and any other facts you can recall." Tii evidence or Doctors Gross. Maury. Mitchell. Thomas, and Pains was referred to, not only loi con nect Ion with the question as to whether the wound on Ibe tempieanatne laoeraiea wounus aouiu nave been cunsed by the poker, hut also as to the sprink- links ot hiooo on tne gaimenis or tue aeieuuani; ana In consideration of this lattrr point, the Jury were tnld that ihev must "keen steadily in View all the presumptions 111 favor ot the defendant, and all ths rules governing a case ot circumstantial evidence," lo which tneir attention bad already been directed. To this was added the admonition lo "guard i hem selves carerully against the conclusions ti which ths mil d It sometimes incautiously led by nch appear ances, and to Bee here, aee iewaeie, that they oecldetl this question eole'y tn the lighter their catm Judg ments, anil tne principles ui tue iw. uo u.nn ui ail tne defendant a witnesses wuu ..111-1. Bussionor property, weie stated, and ths substance of their tea ilmony recapitnlated. . The various positions of tbe defense as lo the char acter of Mr. (filbert, tbe gift of the liouse and furni ture 10 Mrs. Twhchell, the temper of tne uogt, the absence of blotil stalnt In tbe basla and near tbe bydrant, tha large income or jars, inn, tua nam ui motive, the impotsllillity ef hearing In the bed-room nolMt made In thedlning-roosD, the habits of tha de ceased, the friendship between her and defendant. the failure to find any money or weapon in iu c wi ped, tnd the names of the witnesses, with the aubstanoe of their lettlmony, were all stated at Tne Jury were also reminded that the defendant had proved a good character ror pesce ana Integrity, and thai this evidence wat not only decisive la favor or deiendant where a doubt eulsted, but mlgnt be tonic lent tocraate of Itself the doubt entitling to aa acqu.ttal. And, in conclusion, tuey war- again 1 ry ml 11 ceil of the role wh ch should govern the ojnsl deration of circumstances, and ot the r duty to weigh them carefully, and to give the defendant the benetil of every rational doubt. ll 1b pernaps, mereiur-. n. ,ni.T,a Wi .u,Kg. that alter tbe acceptsnce sy toe court 01 an uie uor rectlous tuggesttd by the defendant's counsel aa to tbe recital of the testimony, the ' points;' were with- drawp, and tne pnono msiomoui tuau- i. mtm ws no exception to the charge. t iheretiant ravlaw wa have bestotsed upon ihtt cate tiring the argument of the thirteen hours upon the reasons, and oar subsequent perusal ol the charge, my brethren have been unable to find that tnere waa any error iu tue uiatiuunun. i We pass to the consideration of the remaining r,.iiMi. whioii rniu.11. tn the imnauwll.BB or Ine Jurv. the rullnua uDon iiiioniIoiis of evidence, lli'J a lse..-,vi.rv ar erirfitinnal evlilamre. aud the tiHtir.1 sug gestions that Uie verdict la against the law and the evil mee. It la said there was error in l.siuing ventiffN for a nnmtiee nf taliiurnHB trrealer than the actual uuuibmr ol Jurors to be suppl cd that It to asy 11 nave ueen passed as iiiitusin'iini. but aro still unsworn, aud the dj(osd anl Las In reserve tun whole of his 20 challenges the panel being exhausted by challenges lor tause, the Court must on' a venire for only one lai'suian, oecau e eleven ar uits but, 'inn hj lead to most lu terminable iH.avi. The sheriff would have to bring lu the wheel, . five namH, self ct the. learml resident, and 'ailing 10 set re hi u uutil liereturnid to his houia at ulght, the trlsl w ni'.d be eu peuueu many nou-s to bring la asolltary la nsasaa, who nilsbt have au iDinlnn or a h, rmMH a ml nit capi ta) initiisbineat, wtloh would be sndlcleul grouud lor a ifcail-nge for cause. If lie passed tnrouuh this ordeal there would still tie a sore of peremptory challenges in reserve, and the sinie oneral oa would have lo he repeated, to tbe annoys pee of all tbe jurors icrked up during the execution ol sever tl hun dred tine al venires, aud to Ine utter derealol Justice Tbe law requires no such mockery, and we d not ict-i ulpihwwu tu svraiu 11s words si as to uoruttu trial whb delays In addition 'otliose already exisiUg, Th's queHllou baa recnutlvbeen examined by my learned brother Judce 1'lerce In the caie of th Own inonweallh vs. (lereid K .ton decided at tno pr- ssut term. Upon tbe authorities cited In his opinion, aud for the reasous o clearly iuud hy him, w iiavn no lieHituiion 111 ruiiug this point agslnst the delemlaut. Jt Is also argued 'hutwhen certain persons had been passed as unchtlleuired, they shou'd have been Bwcru without waiting uirtll twelve had been so urawu. It is a tufflclent answer tn thin nrnnnsitinn to say that it has never been accepted as the ,ra t ce it this (Jourl. aud that, ir adopted, It might lend to great In justice, lu McFaodea vs. Commonwealth (ll Uarr 12) eleven Jurors had been empanelled when lbs venire tor talesui"n Issued. Upon tbe return or the venire, the teuih jurer waa challenged for cause, the challenge sustained, and the proceeding- receives the Ann lln.nril,.bliini-.nt I'. 1 he fourteenth reason aasignt for error the refusal lo permit the delemlaut to withdraw his peremptory rtiHlleiike against John Tuorutnu. Upon the arcumenl this reason waa very properly withdrawn. The ae.tlou of the imurt la tuatamed by prloGlpieaoa ny autnority, lor the privilege of coal lenalng lea right not to select but lo relwt (O. H. v. Msn LanL 4 Maaon itf. 11 Whaatnn. sn- tttate V. tuuith, I Jissiall, V2), and the point before us Is M v -- wj remote io oe aamuteo as a ''" My noiea show tbat tbe defendant used ve r Instiltl-g langaage when speaking of the decease i. anu ii nus not an rear Mi a I tha rnr directly ruled arstnst the defendant In Rex V. Parry T Carr, and P., Mh; Ktate v. ures.msn, 10 Iredell, 8.l., The arteenlb reason la in lhee words: "Because the Court admitted statements ol wlt Deasea which were not evidence, and suhsaq jaatly Isagbt to cure the Iriegolaslty by Instructing the Jriry to Slsregerd When,?' tpon the argiiruent we were Informed tbat the matters thus aliened to have been admitted and stricken out, were certain state ments made by Joseph uilbert and William Urtg. Joeepn Milbert waa asked what tbe defeudant said to htm alter Mis. 11 111 bad concluded the bargain for the bouse and bad lei I Mr, Gilbert's otili-. The wit ness answeied that 'he drew no the agreement In lavor of Mrs. 111U, andsbowed It to defendant, and he said he wan td the afreement made n hit uamn. which was Sour. Mrs, Hill bad lelk" The deiendant then otjected to evidence nf the contents ol tbe paper, at It objection waa sustained. Jle teen moved to strike out tne words "which was done. ' His mo tion waa granted, and lbs lury were Instructed to dis regard this part ol ibe evidence. f he lActirt bera admitted nothing. The witne-t had been allowed 10 proceed without Interruption or objection. 'J he momenta ;olnt wat presented the wnnesa stopped, and every motion made by tbe de fendant was allowed, hurely there wat herein uo error of w hlch the acensed can complain. The same remark ia applicable to the other portions of Mr. Gilbert's testimony. No ohjr.otlon bad Oeen Inter posed, and at anon at motions were ni.de to that eftectlhe sentences wereslrlcken out. Indeed, this wat carried 10 the extreme ol mercy, ror one of the answers wat In response to a question on cross ex amination: but here, as tlsen here. evoiy doubt wat reaolvsd lo favor or ti e acnuted. The testimony of Mr. tirvgg Is npon a slightly diiforent fooMng The Commonwealth called Wi Hum Gregg, He was swnrr, and said he knew tne defendant; he "analled lor a loan ol money laal June. This was objected to "as too remote, aud 110. showing the deiendant was pressed." The objection waa overruled. Thewituess added, "It was in the nelghonrhnod oftltieo. 1 did not lend It to him." The 'ourt thereupon instructed thejory to du'regard this evlnence. It win be noted that the only objection came piirr the witness had made tbe statement that the de iendant "had applied for a loan n nitioey lust June." II tills were Incunipeient, no objection could cure the dltllculty. The motion should have he. a 10 strike out or to direct the jury lit oisregard ttie evidence. Oteambrat Dlcator vs. Heath, v. 6. V. V. Hinlt.i.2'Jit) fir icily speaking, tbeieiore. the derendant cannot core plittB. for ibe evtreuce was heard by bis per mission, and If the objection, whlcu came 100 late and waa rot In proper form, was a tied upon to tne eWeitlant'a alvantaga In the manner In which It should have been presented, he has no ground of complaint. My oroirirea, -however, are or opinion that the evlfenceshould not have been ttiloknn oat. T he fact tbat a loan had been requested Is perhaps St conviuclne evidence that the defendant was fir ested for nionej as if the money had been ao: ually ent. The sixteenth reason is In these words: "Because tbe tlourt admitted as evidence of defendant O'nug pressed for money tbe statement of lln, Kill 10 Josepi Uilbert, that tbe deiendant and hit wife had rebbtd her." It It a en indent answer to tblt to say that the Court ld not admit Mis. Hill's statements ayaUattoe de fendant for any puriKse whatever, r.ud Initt the lirat evidence on the point of an accusation ol roobery came horn the statement nf the defendant nioitelf ts repeated by Mr. uilbert Th's witness tsrided that the dexndanl told him "He hu l a teirible time with tbe old lady; the accaed him oi robb'ag her." This was before the otter to prove that defecdant kept tr ree hones, etc , which was followed by an ob jection roied out hv thefonrt. hut suhsBduently es a- hllshcd by the defeuilant s witness. Mr c( ullougu. ire seveateentn reason onmpinins tnat tue oe fendapt's bank account was admitted up 111 an assu rance mat it would oe followed ny proof nf laaoility 10 py rent, which latter fact the Commonwealth, utterly failed to show." The remtdy for the esse a'leged In this ronton would be a uiotlo" far an I us' ruction tt disregard the tesllDieuy. The fct. however, is that ibe Common wealth did not olfer In thla concectiou tbe luahinty to pay rent alone, but It boiI 'other things." The offer to enlablish'lie Inshlll.y to pay rent brokedown because ol other ohjeoilont and ot tha refusal or the laudinrd a appear; but the Commonwealth did show that the defendant waa unable to pay other debts. In Wsbiler 1 raie (Rlnn's) Iteport. !) the bank book of the recused was adm'tted and proof of the InOtbiednn a of a defendant wa. allowed In th same case, and In the cases of Coll charged wltn the m ir- oer er Aoamt: cr ii jotbson , cuarcen witn ine tunr der ot boydam (Wh. t :r. Law, I 851): and or Winne tnore charged with Ibe inurd-r ol Mrs aC4gllton (Uytr asd Terminer of PhiAdelphla). In the lust case a writ of error was refused by the Supreme Court, In.Webster's caee lndbtednea - at shown topsr Bona ctber than the deceased (Blnit'a Iieport, IM. 160). and one or the notes bore dale more than tlx months before Hie murder. (Dr. Mone's Kepatt Oi. t re also U'td 97. 238). It It said that we should have a'lowwl evidencs to go to the jury that tbe rle'oodant wss cheerful on tbe Tuesday before the murder, and that thl. teil Dicny wou dhave been in rebuttal nf the allegation that be was pressed. We do not think iheotlof was admlcslble. The nineteenth roason eoruplalrs that the Cjurt rejected evidence of the dcfoixlant's own stateuisnts. They were. Of course, not competent, nor votiiu tney be Inireduced because of a pnv oos cruas-examina-lion which wan directed to the exainiutttlon in chief. Tha twentieth anil twenty Ural reasons assiau as error tbe rejeotlouof an oplulou ' ot a medictl ex pert "based upon experiments recenny maae." uu t tbe result ol said experiments." Il a jury cn Da bewildered by such confusions of science wo mlgbt as well abolish the form of Jury trial. A woman Is found murdered. Rear ber body lies a poker staine l witn blood, and adhering toll la a human hair cirrespind lng in color to the balr of tbe deceased, and shreds nf wooL A respectable physician describes her wounds and says, In substance, t' at one 01 the fractures and a number of the cuts could have been caused by tne poker. Mow when an accused person olfars to show tbat tbe stains are not blood that the balr Is not human, or not from the bat or the deceased that the sbreda are otl wool or not from her cap or that, In the ouiui.m of medical exierts. the inatrnmont found would not cause ihase wounds- he follows directly In the llui or tbe Commonwealth's evldencs. This prisoner chose only to pursue the last line ot defense. The omen, however, were all open to him. But hewlsbedtogo further: to do what never has been permitted belura In the face or an objection. He proposed to show tbat tonie other arm than the delendant's could not, with some other noker than that In evidence. Inflict such wounds opon some other skull. Of what avail Was an tuisr The weapons, arms, ana skuu were confessedly dltlerent. T he ex prriment must have been made on the skull or a corpse. These blows were in Hinted upon the bead of a living person. The expert must have bandied a poker w lib tbe view to experiment. The guilty tctor in this scene bad a motive which might give far greater power to his blew than auy force tuat could be invoked by mere philosophy leaching by example. nut asiue irom an mrse reonemuwi, tue oner con. tradlclrd nothing, at physician, in one of ourorioit oal trials, swore tbat the delendant's knife could uot 11 mi nee the wuiino found noon luetnroaioi tne de ceases, xiurlng a recess the then District Attorney. DOW or counsel lor tuia aocuseu. uirauteu auttiiier surgeon to ncake tbe experiment, and the last expert was able locouiraaici tnenrsi, uy wearing tnat toe weapon he had in bis hands actually made a ttlil greater woned, ana nau neoapnau-a a corpse, in Com. vs. Gelienberger (Oier dc Tr. Philadelphia, ' Dec. eep. lses, Mo, 79 , a very respectaoie pnysician swore that a blow from the defendant's fist could not have broktn the sanu 01 tue ueotaseu. a pieoe 01 tbe boue wat however prodnced, and it was almott 1 at tbla as tissue paper. Dr. Pare man's skull wat fractured w in a grape-vine sues, i ninn s rtep. uoo 1 In Champ vs. t.ommouwoahh (2 llelca le. Ky. ttep., 7), cited by Judge Lutl ow upon the trial, Judge Iiuvall de lverlng tha opinion of the Court or Ap peals, said: 'It is agreed on all hands that such OPIB'ODS IUI -X'-riBJ, U WO suuiir.i.iri iiiRa.i..fq be predicated npon and relate to the facts establls led by the proofs in tbe oase. Mere professional oplnious upon abstract questions ol sclouce. having uo proper reiatluu to the ibcis upon which the J iry are to pass, evleenily terd to lead their minds away from the true aud leal poi&ttof Inquiry, and should therefore always be exmuded. There It, therefore, nothing in this reason which er titles It to couslderallou at a question of la. As matter ot tact, ibe eiemlanl cannot maud npon It, tor his witness tiated that be did "not thluk auy poker or this material could have iufllcied the wuuudB, beoawe it is uot mlsshapuu sutlicieuily; It could not have beeu ns 'd lour tiiuua witoout beud log. It is possible lo break the letup iral hone with the augle or thli po. er and to drive the tongue tint ugh the fractured skull, Taere Is autho rity lor ine a"-r lion that a pnue.ratlng wound cau be made by a poker, A repetition ol the b'owt would bieak tbe bones more. Dr, Maury stated that be ilmu, hi "It extremely douoinil thtt the wounds could have been iull.uted with this 10 ttrument. and we see it as it Is. It possi ble to make a punctured fracture at the teiuuie wltn that poker; It would he pnsibi to make a ia.it r tied wound with the poker; undoubtedly tno wlnie skull could have beeu beaten Into taiali p ices with tnat pokei; It depends on the vel'cltvot e"h bow and li e rapidly with wh en tluy are lepeatetl; the toui porul bone could have b en broken with toe belief the poker, acd l ien tbe tougtin drawn In; have known atkull to he f r.ctured witn an umbrella; it was driven Into the tktil! auove the. eye." Tbe tweuly-stcond reanou eomplu'ua of the oSmls Bleu tithe evidence ol Mr. William J. Pos "The Commonweallh ollered to show by th's wit nee. tbat at or e Sou' ine time spoken ol oy the de lerdaiil's witness, Altgelt. und iuimedlalelv buf ire, uothluil unnsual occurred about the premises." This was ohjictcd to, and ar-ned wl h cunbhlerah e earncstiKsa, I had ioaie dltllculty as to whe'.ner this was strictly admissible lu rehuiial. My bro.hef fjiid low was, however, very decided lo his opinion tht the et i(euce was admissible, aud It was accordugly - Hunrequeut reflection bat rtttlfled niOIUst Jjdge Led ow was right and that I was lu error, TI e defendant asterlcd tbat the ninrdor had been committed by a burglar. His witnesses had proved that uuiHes lu the din ng-room c u d be heard mora leadiiy lu the street t n In the rle'ndul's bed room. It was also In proof tbut Mrs. Hi t hud two dogs, who were watchltil and were Keuereily with her follow lug her about the boubi, It wnii'dseem, theetcre. that it wat competent f lheCtu0'i wealth tn prove by at many wllnnKses at they oould produce that they bad seeu the b oto shortly bei ire the murilt r; bad stood near It; bad seen no one en er o leave tie pi emltes; had hi-aid uo bra of dogs no ciyol murder, eta. Aliihitwat lo dire it coutra diction of the theory ot a burglary aud It the evi dence wat a'mlratbleat any tiateol Ibe trial, thenct that ll waa ric.lved iu rehuiial la not eror. (Kinlay va. Ptewsrt. P. F. Biulto, 1W ) In Commonwealin vs. Armstrong (Oyer i d Terminer ol Philadelphia) evidence of the iost Imprrtant character was ad mi ted on behail of tfca Comnaonaealtu attar the testimony had closed oa both tide aud Ibearau- I menu had commenced. 1 lie twenty third reason assigns "after-discovered evidence." Wt have heard nothing la support ef It which entitles It to eonsldtratlon, (See Ciru. vs. t lanegan T W. A B. 4?t), And lastly, it Is sale that the verdict wat against the law and tbe evidence. We have carefully reviewed the testimony, aad are 01 opinion that we cannot diatnro the verd ot. roil ime was given to ths aelndaut to prepare for trial. He asked lor no coo louaoce. The Jury were ol tbe defendant's selection; they listened to the whole case with great pallenoe and nnilrlnc att-n tlou. Bepaiated froai Ihelr families and biisloeta tr opwardt of a fortnight, at the moat Important season of the year, they tel exhibited no signs of weartn-ss, and seemed throoihonl anxious to hear erery sylla ble of the evidence and a-gutne its. We were aoxl nit to rule every ohjecll n raised hy the def-ndaai lo bis favor, and, at already remarked, so eharged the Ju -y that all the points ptesented were promptly with, drawn. T he evidence termed to lestabllsh. link by link, a Chain ol strong circumstantial evidence agslnst tne' accusea. ab 11 waa oiioreo, item oy item, it was Jealonrlv watched and llereeiy contested. The de fendant did not undertake to dispute tnat this was a case of murder In the first degree. At already a ated. be to admitted, and denounced alike tbe crime and Uie t erpelratur. Ar.y other position would have in volved a concession which would bave rendered hit rae a desperate struggle. Iu view ol all the teill ninny, It would have been monstrous to sugget'. that this bom'clde waa Juif flame or excnsable. The blow lu and through the temple tliedepth ot a finger thiough the euipie cou d hardly haveoeeu received by a person In an er 01 posh loo. If Mrs. H 111 were lying down there oou'd he no pre tense ot self defense; still less gr und. If possible, was there lor the supposition ulacoldant. tululde. or even of a quarrel, which would reduce the grade to man slaughter. The deceased had no weapjn. the living had no marks of wound, or bruise, or even scratch, Tbe number of the blows, tbe blnod-stained cushion the arc of blood upon the walla and floor, the up raited window, the stale of blend titi'sldn, the body lu tbe yard, all cried out axalnst any supposition of macslawRhler, or even murder in the second de gree. There certainly was an lutantlo take Ilia, atii ll was equally certain that the deiendant win not lutnrxlcaii d. There aa nil tbe fragment of a aured npon which a dei nse conld hope lo reduce the de grce, and ll wunld seem therefore to have beea ulike the dictate of skill aud the c numaod or necea sily tn so 10 the Jury npou the biosd quesll in of guilt or 1. noceute. Contest, ng the esse opon this Irsue, the defease early 1 tifg.sleU the theory of norgiary. A witness was ex amined to prove, anionic., ether things, that a cer tain nian' uaed tn ensue and work aoout the house. Wheu Mrs. Hill had anything to do for him he did It. The cogs knew htm very well. He wat there r-nr Cays. lie tune several times. Hht, called hlin Conrad Smith " Tnere answers were given 10 sepa rate questions, end were evidently desigael lo suow that the person referred to hai aceess to the house, cae ibereou eonaays and wat kuown to tbe doga. Wi en ll is remembered that the murder 140k puce 00 Hun day evenlDK. and that the Common wealth hid proved that no noise of barking had hem heard tue signl licence of this Item ol the delendant's proof Is easily apprtclaled. This was followed by tbe evi dence 01 nr. Aiigett 10 tne enect tnat two msa bad been sren by him to leave tbe freutd or. The tbeoiy alt rl noted to the defense by tbe Oouimon- weritn at to (joorad run 'lb, was dlnavowed on the prndticllon of that person, aud tbe evldeuoe of Aiigen 'uomitiea 10 tne jury was rejected oy them. If this part or tne case was unworthy of bollel tue whole defense urumbled and left the evidence or the Commonwetlth In all its power, strengthened rathsr man oiminisuea oy 'ins iruiuess attaoK. AS was most forcibly remarked by t-tronir. I . fin Cathcartv.com., 1 Wr., liJi: 'The fabricatlou ol lalte and contradictory acconnta by aa accused crimlna . for the sake of dt versus- luuulrv or vasiimr off suspicion, it a clicumstauce always Indicatory of ullt Tbe failure, therefore, of the defense let In the whole fain ef ci'cnmstances The defeudant, his wue, ana mis. rim iu in' 1101130, an oiners excluded. The birod upon the walls and tloji; the upra4sed windtw; ihe bloody cushim ; tb- stains npon lue door, oil cloth, hlai ket. fnrullure and tarmeut-: tba an. aei.ee of Ibe dugs: the stillness of the house: the order ol tbelurulture; the aeleno'itut'a conduct aud words a'l spoke out. 'j he ehlrt, cuffs, and collars were op stairs when the deletdsnt handled the c rp'e Yet tlioss articles were stoiaed. Tbe ex piao.uions of the deleudant lu thla benalf were all pallen'iy heard by tbe J iry. aud they have not regaiutd the statetnenta at Battaf..o lorv. The stain npon the Inside or tbs o at oould not have been recalvtn irom lining and Carrying the body if The exr lanationa offered as to Its presence were not regarded as sat Siactory. Have we the right to set aohle the verdict under the cl-cumstanues? 1 he tests of (nch an apu tcstlon are tiiese; - Whs there any evidence to juitiry tbe verdict? Is it ciearly against the we.it lit 01 the tea imony ? Is iheie any reimiuable hone tbat another trial would produce a different tem t ? Applying these questions to the record. It would IS'iu impossible to disturb this verdict. The learned counsel for the defendant, as air eat y staled, admitted (is 1 think with great prnprlntv) 'lie barbarity ot tbe act wM h deprived Mrs. If III of I If-. The following extract from the v honngraphlc report ofthelrinl Is snppoited by recollection nf the ahie arguments presented by the defense, and out-deusej this wbo'e case into a slut lo sentence. "On this tunday nlKhl, who-: the ministers of God were performlrg their tacred offices throughout this brof d community, this puor oelenseless old woman was brutally murdered; thus far we agree with tbe Commonwealth. We cannot deny iht terrible fact ibat Mre. Hill wts murdered." With tbts very proper admission as to the law, the whole defense rested upon tne allegation ihtt the defendant was not Ibe person who struck tlisiaa fatal bluws. Consistently with troth, with law.aadwltii reason, there was no other Hue of defense oven for the accused. Patiently i.earJ and fairly trlnl, this Issue has been decided by the jury against tbe de fendant, and the law cann l disturb their verdict. The motion Is therefore overruled. As the Judge pronounced tha last ominous words, ' the motion for a new trial la overruled," a si. encj, lattlnv tor the apace of one or two mluutes, fell upon the crowd. District Attorney Bheppard at length arose and said: 'May It please your Honors Tbe Court having thus overruled the motion for anew trial In the cane of tbe Commonwealth vs. tieorge H. Twltcnell. Jr.. who bas by the verdict of tbejury been found guilty upon tne 0111 or luuicimeat wniou cnargea niius nu the murder nt Mrs. Maty . HI! I, It therefore be comes my ofliclal duty In behalf of the Common wealth to move as I now do, that thejadgmeol ol the law.of Pennsylvania, in such cases made and pro vided, may be prouounced upon Ihe prisoner." Mr. Hheppard look hla seat, T ltcbeli, In the dock, arise upright as the L'lerk asked him: ' tieoige 8. Twitched, Jr., have you anything to fay why the sentence ot death should not now be prononnced upon you according lo law? ' At this Juncture, while everybody waited In silence for the answer of the doomed man, aud Just as he was about giving It, MeCully, his steadfast friend, who had been sitting close by the rail of the dock, utiered a suppressed ory, and sank from his chair la a swoon A oommo tlon at once ensued. Muny Imagined tbat the prisoner himself bad been overcome by tbe ter ror of bis situation; the whole room lifted on tip-toe to ascertain the truth. While some of the officers of the Court shouted "order" and "BileDce," 01 hers of them hastened for water, and made quick eOorU to revive McCuliy. A minute stilliced to accomplish this, and then again all was as still as the grave. Twltcnell had watched the falnUmc of his friend, himself unmoved, at least so lar as the muscles of hU face aii'f the bearing of bis body were con cerned. lie now answered, rainer indistinctly, tne call of theOlerk: . -Ail that 1 bave to say is. that 1 nave been tried and convicted of a crime of which I know nothing." lie spuke no other word, but stood calmly looking at tlieJuui;eH. Hesitating a minute watching with hlaeyos fixed upon the face of the prisoner for any further remarks .luage lire water sum: George H, Twticheii, Jr., tbe aconsallon preferred against you by the Uwinmonweanu has seen exatu ined with great patienco aud wl.h an earue.t detire to accord lo you tne lulltut rights s cured by the Con III uttoo and me laws. The Jurors who tried, vo l were accepted by you when your challenges were silu unexhausted, Thev deserved your conlideaoe, lor no men cuald bave heard your case with greaer fairii'ss or Impartiality. You were ably aud skil fully deleodec. All that learning. Industry and elo quence could BMgges' was moat earnestly urged 011 y ur bebalf. T he C nrt wss anxious to throw every douot luio iheai-ale of mercy. rsotwithaiuudiUK atlihiHynU have baen convicted ot tbe biglieat criiiiM kix'wu to tne law. and a uioil exhaustive argument lu your bebalt has failed to ratlstv any ioeu-b-r of tue C mrt that the verdict rLnuid be dlsmr )d. Tuls trial hat thus demonstrated that att-rtt jurder comri.lirej In the priasy of a borne can neither be tmeidedi by tne abseoue 01 wituesses or the pufl'inn of lue accused, aituuugu 1 he victim may he olsi alched In quut. still every h'tle crop ot ole id aid cvry stirroondlug fact he come In the oroeri-ga nf l'lovulence a witness poUt luii with nuerring certain y o thecrluilnat 1 shall not add to th pain or your p rose at position by alluding to the clrcnmitances of this caw, but, it wouid stem lobe due to Justice 10 daclare thai your trial has been conducted throughout wl.h all tha ted der retard for ll'e wn'ch marks the humanity of the lew. Whhst Ma. Hill ws seM lu her last account without the opportunity lor even one shnrt pr.er, Ibe law has been Ji-alous of every right which me prtmn ptton nf Inu'ioeuod cnuld throw around you, biie has given yon cveiy O' poriuulty to prepare for vour ir al the rlirhtof 1 haileuite to lurors. lue prlvl- leire 01 belt g defended by able counsel the benelit of every ouunt. and ihe advantage of reviewing at tne rulings uoouevtry point. When all this has resumed In your condensnation, she still In mercy gives you time Jor repeiitaucn aud tor mpp icallon. Let me recommend you lu all ear nestuett to aval) yourself or this p Ivlle e. Ohuln thecoiiusel ot devoi t men. approach with the. tne Throne ot Orace. In fervent oou'rlllou and In Bin cere repeutauce seek Him whose mercy is all sulll rlent even to the washlug away or blood. And now ll only remains ror us to declare the Judgmeut of the U is Inlnh la That Gorgt B. Twltchell. Jr.. the Priioaer at the har. be taken from neuoe to tne J.ll of the county of VWK?JL;.inu portion of the opinion will annear fn full In our subssquent editions.) As Ihe last sentence of hit Honor was pro nounced npon 1 tie prisoner tbe four Judges rose iheir feel. When tbe sound of the words bad entirely died away the people who throtiged the place, glad to escape from ths ball el Judgment, uspariea, I'M ad. Iph'a. irom wneut- n- the place of ekf oniloi'. and tbat he I there hauge hy the neck uutli be Is dead, and may Ood, of His in- n REAL ESTATE AT AUCTION. GRRAb ESTATE. -THOMAS A B0N8' 8AL.K. Det.lrable Building Lot, Catharine street, above BUteenth street On Tnewday, February 2, 1869, at 13 o'clock, noon, will be) nold at pnblie sale, at tbe I'hlladolphla B. ebange, ail tbateerlain triangular lot or pleoe of ground, situate on the north side of Oatha rlne street, beginning at a point at the distance) of 180 feet westward from (Sixteenth street, In tbe Twentv slxt h ward of the city of Philadel phia; thence extending northward In a lint) parallel with said (sixteenth street 174 feet 7J Inches; thence souibwestward'y 108 feet 7 inches lo a point In tbe north line of said Catharine street; thence eastwardly along satol Catharine atr et v0 feel to the place of beginning. Terms 17700 may remain on mortgage; balanoe cash. M. THOMAS A SONS, Auctioneers, 1 2.1- 2t Nob. 13 and 141 8. FOU11XH Htreet. HEAL, ESTATE. THOMAS A SONS' jVLPAl K Four story brlcK house, known M li e 'Hank Hotrl," Mo. V00 Hpruce street, Oa Tueeoay, February 2. 1669, at 12 o'clock, noon, will lie sold at puiillc sale, at the Pbllarlelphla Excbange, ail tbat large four-story brick bouse, known as the "Btuk Hotel," situate on the south side of Hpruce street. No 200; containing in front on Hpruce street 13 feet, and extending Id depth southward 61 feet. Hounded on tbe n.st by is cei tain 4 feet wide alley, with the free line arnl privilege thereof; ban gits, bath-room, etc Hnr flx'iirvN included In sale. Immediate possession C ear Of all Incumbrance Terms :H)0 caah; balance may remain on mortgage. Kes at 1 lie unci Ion store, M. TUOVA-s diHONS, Ancttonoors, 123s2t os. 130 and 111 Hotitn KDUitl HMt. a REAL K-iTATB. TIIOM A8 dt SONS' SALK Mo.iern three story Brick Uwull liK. No. N. MeveDtU street, above Dlatnoud stieet, Twetitietii watd. Ou Tuesday, r-'ebruary 'i. lobU al 12 o'clock noon, will be sold a, public sale, at the Philadelphia, Kxchan're, all that three at or v biick messuage, with Frenoii roof, end lot of ground, situate on the west side of Hovetilh atrret. 173 reel 10 Inches 11 or Hi or Dla niona street, No. 2124. containing In fronton Hoventli street. 14 leet 2 Inches, anil extending In depth on the norm line thereof 73 'eel 7jZ inches, andonthei south line tbererx 73 feet 11 lnchta to a 4 reel wide alley. It bas gas, 1 'inn, hot anil cold water, oooklni; range, oto. Huhlect, to a mortgage 0 $1550. Piimession, Im mediately. K-vh t tbe Auction Itixr.ut. M. THOMAS SONH. Aivlloiieern, 1 23t.2t Not. 188 and 111 FOCUTH Htreet. C EXKCUTOKS' SALE. 15 8TAIK OP 5 J Kit EM l 11 H A C K E K. Deceased. M. THOMA5j&ON.S..AocMoueet8. Very desirable Business Prouerty. Two large anil valuable Ihree-story Brick Kesidenoes, Nob. H16 and 8lS Mouth Fourth street, with stable and coach house In tlie rear on Orlsonm stret. Lot 45 feet Hunt 011 Fourth street, 182 feet lu depth to (Jrlfcom Mree:; t wo fronts. On Tuesday, Feb ruary 0, latin, all2 o'clock noon, will be sold at public sale, at the Pbiludelpnia Exchange, all IhHt large aud valuable lot of ground, with the Improvements thereon erected, stluitte on tbe west elite ol Fourth street, south or Spruce Mitel, No. 810 and 318. The lot contains In fronton Foun h Rtrtet 46 feet, Including a three feet, wide alley, as now built over (the adjoining property on 1 he south having the privilege of It), and extending lu depth 182 feot 10 Orlsoom meet, ou which etreet 11 has a front of 45 feet. The Improvements consist of two three-story brick reHluenreB fmptlngon Fourth street, one of them No. Stti. with extensive back buildings, and containing the modern conveniences, etc, and a large and commodious stablo and coach houe, froulini; on Griscotu street. Clear of all 'ncumiirauce. The above are well and eubstantlaily built, and at a small expense conld be CHKliy altcied Into stores or oQloes. May be exntnined on application to the aao tlonters. Terms half ca-li. M. THOvfAS & rtONS, AncMonpern. 1 2830FtC JSos l.SU and Ml H. FOURTH St. REAL B;9TATE.-THIOMAS & SONS' SALb. Lorge uod yaiuahie lot, southeast c.irer or pourih and Mltllln sireeia. First ward; 166J fef, iront, 8 fronts. Oa Tuesday, Ftbiuaiy ), 1S09, at 12 o'olock, noon, will be oid at puollo sale, at the Pniladel 1 hla Exchange, ail tbat large and valuable lot of ground ettuule at the southeast corner of Fourtij arid Miltlln streets, First, wan!: contain ing in front on MiRlin street 105 feet ii inches, anil In depth ou Fourth Street 65 fCet U luohes, extending in depth along Moyamenslug ave nue 60 feet 8 lnctif s. A plan may be seen at the auction rooms, Khowlog howitoouJd ueuivlded lu'o ten btilldliig lots. Terms Half i-hnIi. M THOMAS & HONS, Auctioneers. 13082' Now. 139 and HI H. FPU U I'll Htreet. REAL ESTATE. TnOMAB & SONS' Sale. BtiKiness stand. 2 Tnree-story Brick ta.ores, Nos. 1347 mid 131U llitle avenue, aoove Wallace si 1 eel. M feet front, un inesnay, reD rnary 16, 18bU, at 12 o'clock, noon, will be sold at public sale, at tbe Philadelphia Exchange, all those 2 three-story brick messuages aud the lot of ground thereunto belonging, situate ou the ewsterly side of Kltige avenue, Nob. 1317 and 13-10; ibe lot, containing In front on Ulige ave nue 30 feet, aud extending In deptu on the vorth lice 8 feet 5 Inches, and on the south line 77 feel 6 Inches. Tbe lire I floor Is ocaupled as two stores, eaoh have plate glass, etc ; the upper ' rooms are furnished aud occupied by societies, ll la a valuable business looallou. The furniture and ges tixl.uies aro Included In the sale, free of chnrge. Buhject. lo yearly ground root of $111. PtHsseitslon or etore No. 1317, July IS. 1870. May be examined any day previous to sale. M, THOMAS fc SONS. Auctioneers, 1 30 f 3t Nus. 139 aud 141 H. FOURTH Street. a REAL ESTATE THOMAS & SONS' SALJi Two-siory brick Hotel aud Dwell ing, No, 807 South Front street, between Catharine and Q,ueen streets. On Tuesday. February 10. JUU, ul 12 o'olock, noon, will be sold at public sale, at tbe Philadelphia Ex change, all ibat two-story brick messuage), with two fctory buck buildings and lot of ground, situate on tbe east side of Front street, between Catharine and Q,ueen streets, No. 807; the lot containing lu flout on Front street 20 feet 1 inches, or ibereubouts, and extending In depth 120 feel. The above la occupied as a laser beer saloon and ts a good business stand. Bar and lixlurt s locludtd In the sale free of charge. Immediate possess too. Teinis f I5M may remain on mortgage. M. 1 HO MAS & HONS, Auctioneers, 1 13h3t Nos. 139 aud 141 H. FOUttrii St. ft REAL ESTATE THOMAS A SONS' E.8AL.E-On Tutsday. February 2.1. 1809, at 12 o'on ck, noon, will be sold at Public Hale, al the Philadelphia Exouaoge, the following Uesbrlbed propei ty, vis : No. 1. Five-story brick hotel and dwelling. No. 114 Hpruce street, between Front and Second streets. Ail tbat five story brick met- . eusgo and lot of grouud, situate on me south j side of Hnruresireei, beiweeu Front aud Second , hi reeis, No. Hi; couutlulng In front ou Hpruce street 'il feel, and extending la depth about 102 feet. Il in occupied us a hotel and dwelling; oa tbe flrkt lloor is a luige bar-room, dlnlag-room, and kitonen, wun private entrance; on the second floor, large parlor, 8 chambers, 2 bath rooms and water-closet, and ou the third, fourth, and filth aiories, lu all about S rooms. Ciear of all Incumbrance. Terms 1UU cash. ptiBHtuhlou ou or about April 1, ISoO. Tue above property is convenient, to tbe Hpro.03 Street Maiket, fltid neeir the Delaware river. No. 2. Modern three story brick dwelling, No. ' 20tO Locust street. All that tbree story orlck uit'ssuuge, with two-alory baok building and lot of ground, situate on the south side of l.ncubt street, east of Twenty-first street. No. 2i)i(l oontainli g lu front nn Jiocust street 10 feet, and extending in depth eO leet toSiewart sireet. It has the gas Introduced, bath, hot and cold water, range, etc. Terms Half cash. P oases Blon on or about June 20, 18K9. M. THOMAS fc HONS. Auctioneers, 1308 31 Noc 19 aud 141 S. FOURXll Street. jm REAL ESTATE TH0MA8 A SONS' 4l8ALU;-On Tuesduy, February 23, 1809, at 11 o'clock, unon, will be sold at public sale, at the Philadelphia Exchange, the following described properllra, viz.: No. 1. Very valuable Business Stand, sonth west coriierrif Market aud Strawberry streets. All that vuluable lour-siory brick store and lot of grouud, situate at the southwest ooruerof Market and Strawberry streets; containing in front on Market street 14 fuel, and extending In depth 63 feet, more or less. Terms, I8O0Q may remain on mortgege. Possession on or about Jure 8, 18V9. Preteu t ren t, (2500 a year. The above la an o d and well-established bu siness stand. No. t. Four story Brick Store, No. 2 Straw -beiry street. All that valuable fonr-story brlok store and lot of ground, on the west side of Strawberry street, south of Market street. No. 2; containing in iront 14 feet 8 lnon.es. and In depth 80 feel, more or leas. Juia'Iwo11 "Bb' "a8alon on or bonl 'M. THOMAS A 8ON8, Anetloneers. I -W3t No.139adl41B.FOUKrUsU.
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