The Columbian. (Bloomsburg, Pa.) 1866-1910, December 01, 1871, Image 1
As. tc a !K FUDLtSIIKU EVEItY FIUDAY MOItNINU IK rn OOt. DM Bt AN lltllLDtNO RCAltTIlK COlIllT HOUSE, ILOOII8HUUa,l'A.,llV HENRY L. DIEFFENBACH, BDtTon aud rnorniETon, Tctms-Two Dollars a YearjayaMo la aivaEce. $2 CO It not Mid till eni of year. $3 00 If longer croiit to given. JOB PllIMTINO Of.llldescrtpllons executed with n'.fttncs aai dispatch nt reasonable rules. j VOLUME V.---NO.-18. BLOOMSBURG, PA., FRIDAY, DECEMBER 1, 1871. COL. DEM. - VOL. XXXV NO. ll, RATRB OF AMVERTISINOT" On Inch, (twclva Unci or its equivalent to Nonpareil I typ.) on. or two tawtloiu7i.M lliree Insertions, 12.00. .. rAC, in, jJt. 3m. One inch J2.60 M,00 tl.W Two Inches , g M 7 M iUreoinciic.,.,J,CIO 7.00 O.On lonr Inches .too oi00 M ' Quarter colomn.,10,00 12,00 H,oo km Half column...... .ism um n. --... wuv H,iw One colamn....o,oo 80.00 torn mnn Kxrrtit fir's nr AilMinirt.... Auditor", or Awltfneo'. Notice, tlsa, l-ocai notice., ten cent a lino. Cardalnthe"llnltiMtiiF.n..it..i per year for th. n ,., , , . i . 1"'"'""' ' ' - . .7.1 -v. .uLB,Miiui.wiorearii nddltlonaltlnc. . t. 19,00 I0, , 15,0 1 11,00 3,00 00,0 BO.fJU 100,00 " Columbia Oonntv Official Directory. JWtWrnl Jii.loe-Wtt.MAt iawjl.t.. iimc(afe JwrM-IiAU . H- M0!" "jSoMlonetarw. itf.-Kflint.rH It. IltNOl.mt. IMitrtrt Attorney-E. It. lKLl.1.11, ftirlfffor-ISAAC! Dr.wlTT. QiimM'"nr"-V'II.L!AH O. QDICK, CfltCS nminiM.. lliiiAM .1. Hitrnr.il, lbmmfi!toner' OrH-WII.UAM KntCKliABM,. AmlHvri-V. .1. UAMI-11EI.L, A. J. AI.UMIT80H DAN1RI.1.VE. Ceroncr John 1). JioncK. JunCbwiiiHrti.nfM-lSAAOJKBnllJE.JollNMO ACoVnw ni'jicifnfrmlcnl-ClIAiaES O, BAttKI.tY Wixm J'eor MufrW-Dlrcctors, H, II. Mtu.rn Wiimam Kiiammi, Wooinsburir, nnd Joiisioii Inn it, Grunnood, citANi.iscoSNi'.K.Hecy. EloomEuiirg Official Directory. lllcctnihmn llankttin fb. John A. l'vmios President, II. II. OwilZ, Cashier. tint XalHmnl IntiA-OIAS. It. l'AXTON,rrcs't i J. 1'. 'IVKTIN.Clii-hlcr. ... . OoltinittafrmntiiMutualKavintjI-mttnndljanAt' lorfniton-E. 11. Little, l'lest., C. W. Millkb, 'fltvomxbtirrr HuihUno and Kaxtntt JVml Assorxa-ttwi-JotiN Thomas, l'rcs't., J, II. llnlllSON.SOC. Jllotmtl,mg Mutual Haxtny Viml Ai'orlntion J.J. Enowi n.l'ustdcni, Jl. WiiiTM0Yr.it, mc'y. Eloomoburg Directory. PAl'Klt 11AGH Just received and for dale at tho Comjmiiian ontce. BTOVlisAIYlVAltE. ' TACOH MKTZ, dealer In stoves and tluwaro tOWEIt HEKllINU, denier In Dry eioods (Irocerles. Lumber and general Mcrchaudlxo Mnluiit. Main Htrcct, above court hoiiHe, CLOTHING, AC. D AVID LOWUN1IKKU, Merchant Tailor, Main St., u uuur auovu vnierieau iiuusc. Kl'.lM'.Il, lllllnnl Halnnn, Oysters, and Ice , Cream In Reason MaluHt. M. HltOIlsT. dealer In OencralMerchandlse Dry Ooodfl, uroeerlea &c. IWQtrr.ltANNA or llrlelc Hotel, H. Kosten bander rronrlctor.houtlirnsl corner Main nud Hecond Htrcet. WM. MOltltlH, Merchant Tailor corner of ecu tro and Main St., over Miller's store. DltUOS, OIIKMIOALS. &c. 1 V. LUTZ.HruBKlstandAiiotUccary.Malnst. 'j. below the Toil Olllce. OYEIl 1IIIOS., Drnnglst and Apothecaries, iirowcr H oiock Aiaiu si. M' H CLOCKS, WATCHES, AC. juwelry &c, MalnKtreet near et 8t. n K. HA VAOi:, dealer In Clocks, Watches and Vj Jewelry, Main St., Just below the American House. LOUIS llKItNHAItl), Watch and Clock maker nearsouthoastcoruerMalnand Iron sts. ICHAltDSON L. WIUQKT. Jit. ATTOnNFA' AT LAW, NO. 123 SOUTH SIXTH BTUELT, rilll.AUELl'IIIA lan.l'71-ly R, CATHOAHT. Watch nnd Clock Maker.Mar kethtreet, below Main, BOOTS AND SHOES. p SI. KNOItll, Dealer In llooti and Hhncs, latest 1J. and tHht styles, corner Malu and Market Htrcets, In tho old l'ost ottlce, I) AVID HKT7I, Hoot nnd Hhopmnltrr, Malufit. Deiow jiurimnti'HHiorc.wcKi mi ,'iarui, HKNKY KL11IM, Manufacturer and dealer In HoitH nnd Hhncs, Uroccrlcs, etc., Main street, Kast Hloomsburi;. T M. 11HOWN, Hoot and Hhocmaker, Main J, street, under llrown's Hotel. PROFESSIONAL. Dlt. II. U. HOWKIt, RurKtou Dentist, Main St., abovo tho Court Houe. DH. WM, M. llKHKIt, HurKeon and l'hyslclan. Ulllco over the l'lrst National liHUk. Dlt. II, I". K1NNKY, Hurgeon l)enllsl.-Teeth extrsetpd wltlioutiialu: Main St., nearly op. poslto Kpltcopal Church, 0(1. llAUKI.KY, Atlorney-at-Law. OOlcv.al tlnnrtu Kxchau'elllock,ucartheMExchanKe Hotel." WHOLESALE OltOCEHS, N. E. Corner Second and Arch Streets, 1'JIILADELrillA, Dealers In !AS, HYHUI'S, cokfee, huoau, moiassus KICK, BPICK3, Ttl CA1:H SODA, C, AC, 43-0rdcrs will reef lvo prompt attention. may 10,117-tf. BncincsB Cards. 11. mtOCICWAY ATTOHNEY AT LAW, I1I.OOM91IUKO, r.. ffsr-OFFirr Court House Alley. In the Co LCMiiiAN bulldlns. Jan4,'C7. I 11. MuKEl.VV.M. D.,HurK on and I'hyslclau J north sldo Malu St., below Market. J 11. EVANH, M. D., HurReon and l'hyslclan, south sldo Main street, below Market. T C. HUTTElt, M. D. Huriieon and l'liyslciau A, ilaiktt Htrcet, nbuvo Mulu. Office over Jm7.'h lime h'tore. KMono Mmket Muft.lst itourlelow Itev.D.J. Waller. ULU1U iV, T 11. UOHISON, AttrFy-HtLaw, OlUcellurt il , man'H ItulltUug, Mulu btrt-et. MILLINKHY fc PAKOY GOODS. El'llTIUtMAN, MIIIIiipij- nml Fiincy CJckhIh, , opposite KplHcopjil Chuicl), Main t. 1HS IA7AV. llAHKLllV, Mltlluer, Kambry Imlhlliitl Mulu bluet. ISH M. ItKUIUL'ICSON, Millinery nndFAUcy (lorxlH.AlHlu btM I t'ltw Market, U KM, K. KMKU. Millinery ruU tniicy Uood Mulu street below Market. HH. JULIA A. A HADK UAHKI.K, Uullt' Clonks nml iJresii l'alleru. boutheust corner Main and Westbta. inllE MIHHEH HA11MAN Millinery aud Fancy innds, Malu St., below American House, HOTELS AND SALOONS. ?OUKH HOTEL, by T. Dent. Taylor, cast end ilKROIIANTS AND GROCERS. CO. MAltU, Dry Uooda nnd Notions, south' vvhl corner Malu nnd Iron sts. i A, ItlXKIXY, IJoot and Hhoo store, bookB U k stationery, jviuiu si., ueiow itiurKei. !.i J ACOHH, Uontectlouery, grocertea etc.. Main J. bt., Itetow Iron POX a WIUUI, Confectionery and Hakery, r uliolertule aud utall, Kxchnnge lllock. H(MIOWi;, UiitsfpinlCnj'K, IloutsaudHhoeH, , Malu hi., aboo Court Uouue. l . MAI.i:, Miunir.oth (Irocery, lino (r(c W. rerlew. l-iullv, Mils, 1'rovUton, Ac, Main mui iron mi reei h. HIIKKLVV. KUALA- CO.. dealpra In Drv lira. it 1 U roeerlt h, Flour, 1' 1, halt, Fluli, run, NatU, iic.,n. fi. cor, iiiiti tutu titiuubnui. n If. MILI.KH it KON, dealers In Dry UimkU, H uroeerieH, (ueenKwurf, i-jour, rum, nuoeH, MISCELLANEOUS. COKHTA1ILKH IlLANKS for sale at the Coi.ua uian Olllce, 0.M, C11HIHT.MAN, Saddle, Trnuk a Harness a maker, Hhlve's ltlock Main Street, I W. ItOUIIINH.lUiuorilealerseenuddoorlrom jl norinwosi corner Main anu j run six. M J.THOUNTON, Wall 1'aper.WliHlowShadcH lj, aim nxiures, xvuperi uiucs, Main Bl. GW. COIIKLL, Furultuie Itnomi, thrie story ' brick, Malu fetieet, west of Market it. 1 1 lto-KNHTOCK,l'hotoBrapher,over Itobblns It' A Eyer's Store, Matnst. I H. KUHN.dealerlnMeat,Tallow,etc.,Chem 1 bel llu's alley, rear of Amerieau Hoube. T II . HINfiLEIt. denies In nl.nn. nrtrtinM nnH ll" uiclodmns.at u. W.Corell's furniture rooms Q AMUKI. JACOI1Y, Marble and llrown"btoue O Works, East Illoomsburir.lierwlck road, WM, 11AII11, ilealer In furniture, trunks, cvder CI FOSTEIt.aiuo Maker, and White and Fancy , Tanner, Scoltowu, I.i II, WDLKMAN, Auent fur Munson'sCopoer J. Tubular Llghtulni; llod, TaOTK HOOKS, and blank NOTEH.wlthor with ui vxeiupuon,lor saio ni luu V.01.UUUIA U.1.VC. Light Stroot. UP. OMAN CoT, Wbeelwrliihts, BrU dooi , above School House, TOIIN A. OMAN, Manufacturer and dealer In .1 Hoots and Shoes RS. ENT, dealer lu Stoves aud Tin wnie all Its branches. llETKIt ENT. Miller, and dealer In nil H,l. 1 drain. Hour, tid, &e. All kinds of Uralu iiKim.cU py- Yi t'KIf'll Alt!), Jllto.,dealer In Dry Goods 1 1). WKiiKjiEiBKit, Boot and Shoe store and T W. KDUAit, Husouehrmna riaolnn Mill Orangovillo Diroctory, It. llEHfllNO & UHOTIIEIt.Carpeutersand llulldcrs, Main at,, below I'lne, KICK HOTEL nnd refreshment Saloon, Kotir Jt'lienry cor.of Mnin una i-inost, by It. o, A.MEClAltOEL.l'hyslclannndSurecou Main st next door to flood's Hotel, CHARGE OF JUDGE ELWELL on the TRIAL OF HENRY WAltD OF TOWANIIA, l'A., FOnTIH'. HOMICIDE of wini.UY i:u(ii;NHMHAi)i:it,oi'' lima, N, Y AT TOWANDA, ON FElillU. ti a, 1311. Gentlemen cf the Jury i ThU tmlnful- ly Interesting tnso orlglnrtted In tho county of DrnilforJ, nml comes Into this avid iiEimiN(i, Finnraud(JristMiii,and Courtor Irlnl, upon tho cortlflcatoof Dealer In grain, Mil Street. ., ,, , , , , ... , , 1 - tlio 1'rcslilent .luiliro of tho Tlilrtccntli AMES II. IIAItM AN. Cabinet Maker and Un uenaucr. .Main ni,, ueiow i'lne. CHUYLEIl ft CO., Iron founncrs.Machlntsts and Manufactuiersnrpiows, Mill St. AMUELSIIAltl'LERS.MnUcrofthcIIayhurst uruui rauie. milium. 1LLIAM DELONO Hhoemnkeratet mannfac turer of llrlck. Mill St., west of l'ino Jutllclat District, maJo under tlionu thorlly of it special net of Assembly, wlilch permitted n clinngo of venue from that to sotnoothcrniljolnliigeottii Tho power of tho Legislature thu:j to authorb.o tt transfer of Jurisdiction h tindottbtcd. Hut whether tho causoof Justleo or protection of tho defendant from unjust prtjudlco demanded tho tworclso of this power, or warranted U.J. K. ItoniUNH. surgeon and rhyslclan ' huu-.cqueni iiction 01 mo uourt, or Becou.i t.,oeiowmain. ntl .0 matters which it would bo pro iLUEitT a kline, dry Roods, groceries, and fitloss now to dUeuss. Tho caso Is hero nccoidltip; to law, nnd must bo decided CatavriBsa. . i'.VJ.i..'i.t. .i l'i 1:11a lib 1 11IUI, OVfUIIU ni. , lionnins' lilllloinr. general merchandise, Main Ktreet II. KIHTLE1!, "Caltawlssa House,' Corner Main and Second Streets, M. It, AUnOTT, Attorney nt law, Main St. Buck Horn. 0.& W. II. SllOEMAKEIt, dealers lu dry Knntls, Groceries nnd geueial lucrcnandlse. Irst stnrelu south end nt town, Philadelphia Directory, M. KEPIIEAIIT, WITH BAUNhS, BItO. & HERBON, HATS, CAl'H, ST11AW GOODS 4 I'UItS, No. 601 Market Street, (Abovo Fifth,) Philadelphia. iMNWItlGHT & CO., L. TUKNEH l'llYHICIAN AND SURGEON, KLOojisnur.a, r.. W. 5IILLER, ATTORNEY AT LAW, Of!! I'nlll-t TtniiR'i Allrr. below the PoIt'M lANOllke. Et.nnlles. Ilnck.l'av nnd Peni-lons 'nllected. llloomsburu l'a. facp.'JJ'67 OIJEKT F. CLAItK, ATTOIINEY AT LAW, Ofllcn Main Ktrfet below tho Conrt House. HioonistiurK reuti'n. 1' 1. H. LITTLE, ATTCKNEY AT LAW, Ofllro Cntirt-llnnso Aller. bolow the COLtrM ia.n umce, luooiusuurt! i n. Y ETEHINAItY. North nccordliif,' to the law and tho evidence, Thu responsibility thus cast upon you and upon tho Court, Is of tho gravest and most momentous character. Hut upon you rests tho ultlmato responsi bility of 11 correct nnd Just decision. It Is for you, upon thu wliolo view of tho rase, both of tho law n it riinll bo (Ic eland to you by tho Court, mid tho fiiets as proved by tho testimony, to pro- nounco n verdict botween thu defendant ind tho Commonwealth. You havo submitted with commend- ablo patlonco to thu confinement Inci dent to a trial of tlib nature, nnd wo havo observed with much satisfaction that from tho opening of tho case, ten days since, to tho present time, you have given to It your undivided atten tion, and havo lUtencd to tho ovldoneo, and tho arguments of counsel, with ev ident nnxlety to a.-.cerlaln, If posslblo, tho whole truth In regard to this lumen table, and as you probably think mys terious homicide. You havo been warned against prt lu- dlco or prejudgment. Your answers to Inquiries when called to thoso seats for bid tho Idea that any caution from thu court is necessary on this subject. I cannot bring my mind to fear that tho verdict of twelve, upright, nnd intelli gent jurors, selected by lot from tho mass of thcr follow citizens, will bu founded upon anything besides tho law and evidonco applicablo to tho case. Something has been caul In regard to public excitement nt Towanda at tho tlmo of this occurrence. This Is per haps not rcmnrkablo whether tho do, fendent bo or bo not criminally guilty, Hut whatever may havo been tho cao there, nothing unusual appears beru. Trials for murder, on account of tho momentous issues depondlug, always excito tho puhliumlndatidc.ill together as hero and now, great crowds of people. 0 havo no rettton to believe that theru is on this cecailon any other dcelro among the pcoplu limn to witness tho proceedings, nor any other wish timet thntjustlco according to law bo faith fully administered. Hut If it wcruother wise, nntl popular feellngexisted either fur or against tho defendant, It would bo wholly immatirial to us. l'ubllc opinion, whatever it may be, may bo right, but It H not tho ehostn arbiter of tho law; It is bound by no established rules, whiUt thoso who nru charged with thu administration of public jus tice nro bound by tho highest obliga tions which civil society can impose upon man, tho court to expound tho law nntl the jury to render their virdlet according to tho law and thu evidence. Tho niagnltudoof tho charge, Involv ing us It tires Isities of Hfj or death, prison or liberty to tho defend mt, AUGUST FIUEND, nip frcm Germany, oilers his services to the .ublla as a celebrated HOltKK AND COW nOCTOH. nd all other nnlmnls. forwlihhblH chnrcea are should havo lit) other 1 II f 1 11 (311 CO upon inoiieniie. no can hiviivk hi. iihhih etiNi .1110 u. , i.iu ,1,.,,. , ., ,,, ,. .,,,11,.,, lerw r k rond. liealH. H.jHroby s Jlaroio vaiu. J""' .......u .1.. i.muwu ninonnnuiit. way ia.iMi-iy. llellOCrdlO Illltl Jltst III Weighing till! OVI J. TIIOHNTON ilence. unit clear and fatlslleil In thu Vj. wpuldnimouncotiithecltlsensofniooms. I u tl tr Ilion t Vim form UIIOll it. Ylltl will ind completo assortment of wall DArr.n, window shadeh, FIXTCKK.S, COUD9, TAASnLB, ml nil nllipr inmls In his lino of business. All tie newest nml most nnnroveil patterns of the lav are always 10 no iounu in am esuiuiisiinieui. niar,s, S'J'U 11111111 ri. iiriuw ...nisei. rififvrK ATCii KHf)i;s. jd HAIrt HTREET, UNDER UKONM IIOTri.. .ll uti.l ,inmrilnl nDcnrlmnnt. it T rn A V mm it lu, its iititi k)iM-M inr nif n. w mil 1 m and ehllilieu (ust recilveU (i mi tor baifl at riabouaoio laies. Varletl(M to full nil rlassert id ontoioers. Tlie hPKtnf work donoat Miort notice, aa t reiornre, Give him ii call. Uu t'71. N JEW STOVJ3 AND TIN SHOP. ISAIAIt lrAOUBUCH, Main Htreot one door above K. Mondenlmir Store. A larco assortment or Htovpft. Heaters an'J tuuiRef, coiiBianviy on caua, auu jor hih hi iim Tlnnlnif liiiilllU branchescarefutJy utteriderito. wn baiuiaenon Kuaranieu. Tin work or all klndt Mruoleaaia auu retail. A tal is lequestod, Janl'71 TVT E W 0 O A Ii Y A It J) li Tiie underslirucil reKncctfullv Inform th citlreim ot lilooniKbiui; nml Columbia county that they keen all the Ulileientiimnberw otHlove coai auu heievifii luiun riiui ior Bin ninii u r th on their wharf, adjoluluu M'KMvy. IJeal Co'b Kurnaeej wUU n kk! pair of UtitUlo walcn on the wharf, to wtijju eoul, hay. and utraw LlUowiseanorHounuwuEnii, iu ueiivtr ioai u ihme who uesiro it. AHiney puicuate a laruf .minimi. if rnal.thev Intend tolteen n hiinerlnr ar tlele.amUellatlho veiy lowet prleett. 1 'least call and eiamlno lor youeivtH iieinre purruaH- luyeihuwiiere. '.tA't" rvUK undcrMlL'ncil will tnko In ex XchanKof'Tt'onland (Irorerlea, tho followlnn named artJeloK t-Wheat, Kye. Corn, Oal, Vota toen, Lard, llani.Hhoukler.und Hide jurat, ISutt'T KifKs, JIay,tVeatth hlaheMteanh prleen, at hln urocery riioro.miiiuuiui; men -vui ;ii( J, v. ilKs'ltcanuu. IllnomMmrtf Mnr. i i.'wi-1 v, 11 AltE CHANCE. ! on kai.k A second-hand "Arlnn" nlano-foite. price fins, cost 8. This snprrbo lnslruimnl irnH luiiiulii ni in, nll.ni .,lniriirtvnto tiroM-rll 111 New York, and had h( en but n lew weeks In use. It Is lu jwArl Older nnd In fieri resneel eoual to anew piano. Terms possltlelyciisli In ruvuuuu. jviuieis ior one uf a. mBy2071-tf I!, w. KOSTI'.lt. Mauih Chunk, 1, pUKLINO ORKAM. llv uslnu- Hits article ladtes and Gentlemen can btautlly Ibemsdves a thousand lold. This Isiho only article that will earl straight hair, and at tho same lliuo Klvoto it a beautiful up IM-ariiuee, It also Invigorates, beautltles and ctesnsts, It can bo so tipiilled as to cause the hair to curl any it urui 01 nine uesimt. Hen! by man ior " ,UA,K ';h towkslev MlddU-towu.Aduiui. Co.,1'8, BUHINEHH CARDS, VISITING CA1I1W, urrr.ii heads, DILIHEADS, 1'HOeiltAMMES, l'OSTEKS, 4?,, 40'. Neatly nnd Cheaply Printed. From the Latest Styles of type at the COLUMlilAN OlFIChJ, constantly bear in mind your duty to society, and will not fall to remember also, thu Justice anil thu impartial con sideration of thu e.tso wlilch tho defen dant limit rljjht to expect at your hands. That It bhtiiilil havo devolved upon mo to nreslilo over the forms of this trial and to dcclaro tho principles upon which your tltel-tion Is to rest, is by no means a subject of congratulation. It Is a situation which of till others I i-hould have avoided, had not official duty i in- peiiously liiiptihiil It upon me. Slnco It has thus f.illin to mo to exu cuto this duty, lt-hall not shrink from tho task of ill daring to you tho prlncl pirn, of thu law by which you aro to bo governed In your Investigation and tie clslon of tho case-, whether thoso prlncl pies, under thu facts, tend to tho con vlclion of thu defendant or to excuso him from all criminality. Tho defendent Is charged In this In dictment with tho murder of Wesley K. 13hai!er,ontlieovciilng(if tho 22' l day of February, 1871. It appears that tho deceased and dp fendant wcrei friends, ntqualnttd fu two or three years and had visited emel other. On tho tlay when tho decenset was mortally wounded bo was tho guest of tho defendant at his house in Towan da, They wero together from about ten n'elr.ck lu thu morning of that tiny un til evening. During tho day they drank wino and perhaps other lliiuor, nnd to all appearances wero friendly. Dinner was ordered by defendant at about two o'clock, to bo ready nt four for tho two. 'I hey wero called to dinner at four hut did not como until live', having gonu up stairs from tho library, whero they wero sitting, to tho defendant's betbioom after being called to dinner. At nbout (lvo they fat down to dinner. Deceased sent n nolo to tho hotel whero ho had stopped, to rend his mtehel, having ac cepted no Invitation from defendant to stay nil night at his house. It was ar ranged between them that thoy should tako a rldo together to Greenwood n dlstanco of nbout six miles j n carrlago was sent for nnd camo. Thoy sat long nt tho table, perhaps two hours, eating nntl drinking. Tho driver camo and was Impatient at tho delay; defendant ns Is alleged, left tho tabln before tho deceased did, mid prepared for tho ride. At about this tlmo nnd before deceased put on li overcoat nnd overshoes, n pistol In tho hands of tho defendant M discharged, sending it leaden ball with which It was loaded Into tho body of tho dcccased,nt n point thrco nnd-n-hnlf Inches nbovo tho umbilicus or navel, nnd mvon- eighths of nn Inch to tho left of tho ecu tro lino of tho body. Erom this point tho bait p.i'scd through tho stomach and a portion of tho liver, nnd going through tho body lodged on tho outside of tho eighth rib under or below tho right nrra, at n point thrco nnd a half Inches higher on tho body that the point of entrance. Of tho wound then received the do- ceased died on the eighth day after ward'. On tho part of tho prosecution It Is alleged that thu firing of tho pistol was a wilful net on tho part f tho defen dnnt; that ho had unfriendly feelings townrds tho deceased; that ho had a grttdgoor splto ngalnst him, nnd that ho put tho pistol In his pocket or had it nbout his person for tho purposo of in juring tho deceased with it, nnd, nsls alleged, with intent to tako his life. On tho other hand tho defendant al leges that ho was, as ho professed to be, a friend of thodeccastd, had no Inten tion to do him harm ; that whllo hand ling tho pistol, which was about his person for tho purposo of being carried on their rldo to Greenwood, It was acci dentally discharged. Thcso nro tho allegations In general terms. They necessarily Involvo thoeonslderatlon of emcstions under tho law in regard to homicide in teveral of Its grades. As plainly as I c.ui, and generally In tho Ianguagoof the law ns It has been au thoritatively established, I will explain to you what constitutes tho crlmo of murder in Its different degrees. Under nn Indictment for murder tho defendant ! may bo acquitted for tho murder nnd be found guilty of voluntary manslaughter. I will thorcforo dcllno that ollencc. And as a homicide, bapponlng by mis adventure, Is excusable, It Is necessary that you should understand tho law up on that subject. Homicide Is tho killing of another, nnd Is divided Into threo clnssos: Ex cusablo, Justifiable nnd Felonious. JCtcusaltle Homicide Is' divided Into two classes: First, whon a man doing n lawful act, without any intention to hurt, kills nnother. Second, whon In self defence, upon n sudden airray, ono klllsanother. In regard to tho first of these sub-divisions, wo shall hnvo occa sion for further explanation when wo consider tho f-ubjecti of manslaughter and misadventures or accident. In re gard to the law of self-dcfencorno ques tion Is raised which requires our con sideration. Justifiable Homicide Is whero Hfo Is taken by nn otllcer of tho law under proper authority, aud In t-omo other cases, not Important to stato here, for thn reason that tho evidence piwents nothing for us to consider under this head. J-elonious Homicide Is cither murder or manslaughter. Jritrder i, whero a person of sound memory nnd discretion unlawfully kills nny reasonable ereaturo n being, and In tho peace of tho Com monwealth, with malice aforethought, express or Implied, l-.xpre'.s mallcn Is whero ono kills nnother with a sedate, deliberate mind, nnd formed design. This design may bo shown by I'lnumstnncc.s, euch as ly- lug In wait, former grudges, menaces, atidplnnsto do tho party killed great bodily harm, thereby discovering tho intention with which tlio act wns done. Mnllco Is Implied by law from any Iellherato and cruel act committed by ono person against another. riio meaning of tho term mnllco Is not that which Is usually nscrlbetl to It by those who do not understand its lo gal Import. It Is a technical term, and In tho legal f-enso is not confined to par ticular nnlmoMty ngalnst tho deceased, but It means that bad mind or spirit which Impels ono to inflict Injury upon another without catw, orsulllclent pro vocation. It extends to ati evil deign In general, a wicked and corrupt motive, a heart regardless of Its duty to others, and deliberately bent nn ml-cblef. Unlawful killing, with malice, aro tlio eleme nts which constitute theerimo of murder. Manilawjhter is tho unlawful killing of another, without mallco, either ex press or Implied ; H Is of two kinds Involuntary manslaughter, whero it plainly appears that neither death or any great bodily harm was intended, hut death Is incidentally caused by so mo unlawful nets oran act not strictly law ful In itself, but tlonu In an unlawful manner and without duo caution. It is usually npplled to casus whero nothlii uioro was Intended than a mero trespass upon an Indictment for murder there cannot bo u conviction of involuntary manslaughter. Iniulunlttru Jlanstuuffhter Is tlioun lawful killing of nnother without mitlicL'. In order to rctluco tho gmdo of thu olfeibu wlieru death results from mi intentional wounding It must appear that theru was a mlllciuut provocation, and a statu of rago or passion without tlmu to cool, placing tho slayer boyonil thocuntrsl of Ids reason nml suddenly impelling him to tho deed. In tills ctiicj neither tho Common wo.dth nor tho di'f 'iidtint allege) tho ex istence of any fact amounting to u pro vocilionou Hie part of the deceased. On thu contrary ll Is Insisted by tho de fendant that thu ovldeneo proves that they wero friends down to thu tlmo of tbothootitig. Wo will thoruforo, not trouble you with any Instruction us to what would bu n btilllclent provocation, or what m indent cooling time, In order to constltuto tho crlmo of volutary manslaughter, It Is Btitllclont If theru bo euch acts of violence us may bo expected to produce bodily harm, anil death onsucs us it coiisequcueu of such nets. It la a principle of our legal system that tlio esseiicu of nu ollenco Is tho wrongful Intent, without which It can not exist, The net Itself does not mnko n man guilty, unless his Intentions bo so. No man deems nnother guilty or deserving punishment unless tlio other has Intended evil. It is upon this ground thnt homicide by mlendvcnturo 'is excusable Thcro is llttlo distinction, howovor, except In degree, between n positive will to do wrong nnd Inditlercnco whether wrong bo dono or not ; there fore wnnton nnd.rccklc.ss conduct result ing In nn Injury to another Is criminal nnd often supplies tholplnco of direct criminal Intent as If n person by reck, less and furious driving unintentionally run over another nnd kill him. Vlicro ono dolngnlnwful act without any Intention of bodily harm, nnd using proper precaution, happens to kill nnother person, tho ,hoinIcIdols said to bo by misadventure, anil ns tho killing was accidental tho liomlcldo Is excused. An accident Is an unexpected event, a chance, a casually. If ono wantonly and! recklessly docs nu act, tho tendency of which Is to do another bodily Injury, ho Is guilty of manslHUghler If death ensue, although ho may nut actually hnvo Intended It. If Injury might bo expected from tho act It would not bo nn accident If Injury happened. Tho degree of cue nnd caution to bo employed depend upon the prdbnblllty of danger; therefore personstislng arti cles or Instruments In their nature pecu liarly dnngerous must not by reckless and incautious uso of them endanger tho lives of others. Tho care and cau tion which tho law requires Is not tho utmost caution which can bo used ; It Is sunicicnt that a reasonable precaution lo takon such as from which accidents do not usually happen, Where tho carelessness Is Insignificant In degrco the act Is not Indictable. Accident may bo tho lot of tho wisest and best of men, nnd most commonly they fall amongst nearest frlentN nnd relatives. Whether tlio fact which caused tho death of Wesley Eugcno Shadcr was of this character Is to bo determined by tlic evidenco in tbelcause. And perhaps It will bo tho most natural and orderly way in your Investigation to'.flrst settlo that question. If you 11 ml It.ls excusa ble liomlcldo under tho rulesstalcd, you will acquit tho defendant. If you aro not satisfied that this was a homicide by misadventure, you will then ascertain whether the killing was without malice, unit therefore man slaughter, or with malice, and therefore murder, and If murder of what degreo. Hy tho common law nil inurder,wlth- out regard to qualifying circumstances which might cither nggrnvato orlessen the offense, was punished with death, although tho Intent of tho party muK- Ing tho assault may not havo been to kill, If It appeared that tho act was ma- Ilcious. In this respect tho common law was greatly modified by nn net of Assembly passed In 1701, and re-enacted ISliO, Tho crlmo of murder was thereby divided IntoHwo degrees, nnd tho duty of nsccr (alnlng tho degreo wns committed to the jury. Tho net provides as fojlows "All murder which cludl Jio perpetra ted by means of poison, or by lying in wait or by any other kind of wilful, dcllbcrato nnd'premeditated, killing, or which shall bo committed In tho per petrallou of or attempt to porpatr.ito any arson, rape, robbery or burglary, shall bo deemed murder In tho ftift de gree, aud all .other kinds of murder, shall ba deemed murder In tho second digue; aud ihejury before whom nny person indicted, fur; mtird-r shall bu tried, shall, it they Unit such person guilty thereof, ascertain In their verdict whether It bo murder In tlio first or second degree." This statute 1ms been tho subject of con-ddi ration and judicial construction in many cn-eu, and it may be stated as the uniform conclusion that, except in c.ics where the crime Is commuted In tho perpetration, or attempt to perpo tr.ttu either of the IWnnics mention, the intention to Mil Is of the cs-encd of the offencoof inurilcr in the first degree. Tho act niu-t not only bu wilful, delib erate and premeditated, but there iiittst exist in addition the intent to take life. This general statement of the law may not iimvey to your minds tho full force and meaning of tho terms wilful, deliberate and premeditated, ns useil In tho statute. For I ho purpose, therefore of nnro full explanation, and that you may clearly understand what facts must lio found before there can be a convic tion of a capital offence, I will bo more explicit. If nu Intention to kill exists It I' wilful; If this Intention loaccompan led bv sncli clictimstaucis m evidenco u mind fully conseloin of Its own pur po'o and di sign, It Is tlulibcritto; and if suflleieiit tlmo bo afl'irdeil to enable tho mind to framo thu design to kill, and to select the Instrument, or to framo the plan to carry tho design Into execution, it Is premeditated. Thu law fixes upon no length of tlmo ns necessary to form the intention to kill, but leaves the ex Istcnco of a fully formed Intent its a fact to bo determined by the Jury, from ell tho facts and circuiiistances In evl donee." "Tho law regards, and thejury must find, tlio actual intent to kill, with so much tlmo for deliberation nnd pro meditation ns to cnnvlnco them that this purposo Is not thu immodhtte off spring of rashness nnd ImpotuotH tem per, and that tho m!nd Is become fully conscious ofltsown design. If there ho tlmo to framo in tho mind, fully and consciously tho Intention to kill, and to select tho weapon or means of death and to think and know beforehand. though the tlmo bo short, thu uso to bo mado of It, thcro Is tlmo to dell'jnrati) and prcmedltato.'1 "Tho proof of tho Intention to kill nnd of tho disposition of inltid constl tutlng murder in tho first degree, lie on tho Commonwealth. Hut tills proof need not bo express or positive. It may be Inferred from tho circumstances, from nil the facts attending thu killing tho Jury can fully and satisfactorily In fer tho oxUtcnco of tho Intention to kill nntl tho mnlaco of heart with wlilch it wns done, thoy will bo warranted In so tlong, lio w bo uses u on tho body o another at some vital part, with inani fost Intention to uso it upon him, deadly weapon, as an axe, a gun, knlfo or a pistol, must In tho obsenco o qualifying facts bo presumed to know that his blow Is likely to kill, and knowing this must bo presumed to In tend tho death which Is tho probable and ordinary consequence of such nn net. Ho who so uses a deadly weapon without a stiillclcnt c.tuso or provoca tion, must bo presumed to do It wick edly or from n bad heart. Therefore, ho who takes tho life of anothor with n deadly weapon, with a manifest design thus to uso it upon him, with sufficient tlmo to dollberato nnd fully to form tho conscious purposo lo kill, nml, without nny sulllcient reason or cnuso of exten uation Is guilty of murder In tho first degree. Hut If from tho clrcumstnnces of tho caso and tho evidenco In tho ,caso tho Jury bcllcvo tho Intent with which tho act was dono, although a deadly weap on was used, wns not to tako UfcV.but simply to do great bodily harm, tho grado of murder In tho second degree. All murder not of tho first degreo Is necessarily of tho second degrco, nnd Includes nil unlawful killing, under circumstances of depravity of heart, and desperation of mind regardless of social duty, but whero uo Intention to kill exists orc'an bo reasonably Inferred. Therefore, lu all cases of murdor, If no Intention to kill can bo collected from tho circumstances, tho verdict must bo murder In tho second degreo. If there exists a rcasonnblo doubt as to tho In tention with which the net was done, such doubt should opcrnlo to rcduco the offenco to tho lower grade. Deliberation being nn net or consider ation, tho reason for nnd ngalnst n measure, and pra-mcditntion being tlio net of thinking beforehand, It follows, thnt whero tho mind from nny cnuso Is leprlved of Its power to form a design with deliberation nnd pro-meditation, the offence Is stripped of tho malignant features required by tho statuto to place it on tho list of capital offences. Intox ication is In no caso an excuso for crlmo yet where drunkenness is so great as to render tho accused incapable of forming n completo design, tho law allows It to rcduco the grade of homlcldu from murder In the first; to ;murder In tho second degree. If tho Intoxication was voluntarily produced for tho;purposo;of stlmulatlngji meditated lelony or nerv ing up tho mind to tho commission of an offenco, tho drunkenness would bo but un aggravation of tho crlmo ; but whero tho drunkenness was from acci dent or mero sensuality, and to tho ex tent before stated, tho Intent and delib eration required by the statuto to con stitute tho offenco being absent, tho grado of offenco Is reduced. Neither courts nor Juries can'lawfully dlspenso with what un act of Assembly requires. Having explained to you tho law of the case, wo will now state to you somo rules in regard to thu law of evidence; first remarking that It Is not my pur pose to comment upon the evldeuco in detail, further than may bo necessary In statlug tho points In connection with which It Is to bo considered. I wish you distinctly to understand In the out set, that all eonslderatlans which effect tho credibility of this evidenco In gen eral, such n3 the integrity, disinterest edness and ability of tlio witnesses tho consistency ot their testimany Its conformity with experience) nnd its agreement with collateral circumstan ces, tiro for tho jury alone and not for tho court. AVhen facts aro proven to ours-atlsf.ietion.you will draw your own inferences therefrom uninfluenced by any opinions which may appear to on to be i ntertalnitl by the court. Our duty will havo been performed when wo shall havo given to you tho irinclples of law applicable to the case. The verdict you aro to render Is to be yours, and not that of the court, and you nml not tho court nru responsible. Whero tlio Inquiry Is merely Into mat ter of fact, or where thu facts and law cm l o clearly di-crimlnatcd, 1 should wish I lily Jury to leave thn box without bolnir able to ascertain what Ihoopln- on of the Court iih to llmsii facts may be, that their minds tuny ho left entire- impii'Judicod to weigh the testimony and t-etllu tho merits of tho caso. Should I Interfere with my opinion on tho testimony, I should certainly step out of the province of tt j 'dgo into that of an itdvnmto. 1 tie gentlemen cone Tried tis counsel for tho Commonwealth, have, reviewed thu evidence, and In ublu arguments iresonted their views lu regard to It, And the coun-el for the defendant, with signal ability, luvo discussed and irought to your notice tho facts ami circumstance upon which tho defend, ant relies in his dufenso. That the counsel on opposite sides should enter tain different views, Is neither unusual nor surprising, anil furnishes no ground for retlt'ctloti upon tho Judgment of either. Nor does this state of things lead to Injustice. Each presents tho facts upon which ho relies, and enforces his conclusions by such arguments as are believed to bo sound. And thejury, having a full view of the. whole ctso and giving to the argumtnts of counsel tho weight to which they aro respect ively entitled, am thus enabled to ren der it sound and impartial decision. In considering tho evidenco every material fact must bo proved, either by direct testimony of Its existence, or It must bo a necessary and reasonable Inference- from other facts proved In tho cause. You will tako nothing for grant ed. The humane- presumption of tho law I that every man Is innocont until his guilt Is clearly established. Tho Commonwealth charges, and Is bound to prove, that Wesley Eugene Shader lame to his death In conso- qucneo of n wound received at tho hands of tho defendant on tho 22d day of February, 1S7I. That ho died on the first day of March by reason of a pistol shot on tho day first stated Is testified by Dr. Lntbl, Dr. Turner and others, nnd no question has been rai-cd by counter evidenco upon that subject. Was the fatal wound Indicted by tho discharge of it pistol In the hands of tho dcftiidantV Upon this subject you are referred to tho Kstlmonv of Maggie Dalton.Kato Kciuiedy.Julla FlUseruld anil Win. ThompHuii, ns to the defend ant nnd tho deceased utlni; together In tho dining room at defendant's house when a pistol was discharged In that room and groaning was hoard, and to thu testimony of the several witnesses that deceased was shortly after found lying on tho floor wounded and help less, nnd that to tho question propound od by tho deceased shortly nflcr ns to how or why liq shot him, defendant re plied ho did not Intend lo do it. It has not been made n question upon tho trial as to tho fact of tho shooting. Hut it Is submitted to you to dctermlno by tho evidence. This fact being establish ed to your satisfaction, tho grcnt ques tion in tho cnuso arises Just at that point. Tho Commonwealth alleges that tho killing was. murder. On tho other hand, tho defenso set up Is that tho fact and circumstances In evidenco show thnt tho killing was nn nccldcnt, occur ring by tho dlschnrgo of tho pistol by somo cnuso unknown to tho defendant. It Is n rulo of evidenco that the fact of killing belng.flrst proved, nil tho cir cumstances of nccldent, necessity or in firmity, nro to bo satisfactorily proved by tho prisoner, unless they arlso out of tho evidenco produced ngalnst him ; for tho law presumes tho uct to bo founded In .'iialaco unless the contrary appears. Hut though tho liomlcldo without tho circumstances of allo'vlatlon or cxctt9C Is presumed to bo murder, it is presum oil to bo murder of the second degree. Tho burthen of reducing tho crime from murder to manslaughter, where It Is proved that tho prisoner committed tho deed, lies on blm. When tho Commonwealth , alleges that tho crlmo was murder In tho first dcgrcc.os before stated, sho must satisfy tho Jury that there cxlstod all of thoso facts and circumstances which Indicate tho deliberate Intention to kill, and tho cool depravity, of heart and .conscious purposo which constltuto thnt crime. In order to apply tho evidenco it is well to understand tho theories of the Commonwealth and defendant. That of tho Commonwealth Is that tho defend ant and tho deceased wero together nt defendant's house ; and they had somo words of altercation, and that defend ant commenced n scufilo In which ho was worsted ; that defendantihad boon drinking to excess. Tho Judge hero fully stated tho theo ries of both tho prosecution and defense, ami proceeded. Tho Commonwealth relies upon tho proof in regard to tho languago and conduct of the defendant on tho night ot tho shooting. To wit : his excited and almost frantic maimer, his state ment to Patrick Hrophy that deceased had shot himself accidentally ; and to others shortly afterwards that God only knew how it happened, he did not; and when asked by the decoase'd why ho shot him, his reply, "you know it was an accident." On this subject I say to you, in thu languago of tho law, that in weighing the effect of tho presumptive evidenco furnished by the conduct of a person charged with a.crlmlual offence, great caution should bo used. An Inno cent man, finding himself iu n situation of difficulty, and perhaps from tho cir cumstances of tho case, of danger, Is sometimes Induced to adopt a lino of conduct which bears with It a presump tion of guilt. You will examine the conduct of tho defendant in tho light of nil tho evl. donee, nnd glo to his conduct just that weight wlilch It doserves. Consider whether his demand to havo the state ment of tho dying man tnken, under ust tho circumstances stated, were In his favor or against him. Compare his language and conduct with all the oth er cliciittisiane-:'s i.' Hp. cine In your minds, and then give them such weight for or -gainst blm as satisfies your mil, ds they nro entitled to. The Coiiiiniiuwi'allh al-o relies upon thostatenttintof thodocet-ieil callid his dying declaration. When u charge) ol murder is made ngalnst n person, and the subject of tho cut-oof tho death is under investigation, the law admits as evidenco the declaration of tho deceased when made under n consciousness of utmost immediate dissolution when all hupo of life is extinguished nnd death Is soon expected. riiosoleuin. situation of u parson In such circumstances Is deemed lu law equivalent to un oath. No additional force or weight Is given lo tho state ment by re ason of an oath being admin istered. bueli declarations havo no greater effect than tho testimony of a witness, and they may bo attacked In tho same manner. Hy showing tho bad ehurae ter of tho deceased for truth, by show ing that ho has mado slulciue'iils at other times different, "or by its Incon slstency with itself or other established facts in tho caso. It should appear nlso, when such stntemcntsiire reduced to writing, thnt it wns faithfully nnd accurately done If thorn nro found In It material mis takes It would teud to weaken thu force of the stntement. Did tho deceased mako his declara thins taken down before Esquire Tidd with tho knowledge and full belter that ho wns soon to die'. Ho wns nctunlly In a dying condition, and said ho bo- lleved bis physician when ho told him o. If that wero so, you will consider whether In somo particulars, nnd to what extent It was inaccurately taken down, un that subject you will recu to tho testimony of Mr. DoWitt nnd Mr. Jtontanye, and also to that of Mr. Tidd nnd tho other evidenco In the case. In opposition to those declarations, and to tho charge of willful shooting, the defendant lntcrpocs In his defense, what bo alleges to bu deduslblo from tho fact-', that he nnd deceased were friends, warm friends: that they had no quarrel on (ho day, nor nt tho tlmo of this eccurrencii ; thnt no motives of mnlaco existed In his mind; thnt he had no spito nor grudgo ugttln&t tho do- ceased, nuil no sordid motives have over been Imputed to him, Ho also re lies upon his own conduct for proof of his Innocence; upon tho testimony of -Mr. cummer as to what the deceased said whin first he sjoku alter being mortally wounded, that it wosun nccl dent. This tis part of tl.o transaction was evidenco lu chief fur tho defendant. The declaration proved by Clurk Porter nnd Mrs. Porter, and others going to show statement by Blinder, madu at different times, are evidenco to ntfect tho credibility of tho statements In so far as thoy differ from It. Whether ho mnelotho slatomonU Imputed to Mm" In which ho declared it to'hav Uvu not intonded:iy:tho defendant you will decide. Did ho dlclatotho letter writ tenbyrortcr nntl Harris? Thoontdl. blllty of tho witnessoj, nnd how far tho testimony of nny nro Impeached by proof, of statements out of court differ ent from tholr testimony hero, vnti will Judge. You will bo careful to rcmomber that theso sttttcmcnU! by witnesses when not under oath aro not evidenco of nny fact ngalnst tho defendnnt. Tho only effect.! t could havo would bo to affect tho credibility of tho witness thus at-tacked. Any opinion expressed bv mar wit. no?s is to havo no bearing as proof of facts. When a witness swears nfllmr.llvelv to a fact that ho saw or hoard, his testi mony Is ordinarily to be allowed greater weight than tho testimony of nnother witness present at thosamo tlmo who swears that Ini did not seo or hear, or does not recollect tho transaction or tho words hpoiecn, With theso general rules In mind vou will enter upon tho consideration of this caso. Act upon your own ludgment in determining tho facls-tako not tho opinions ol counsel In regard to them, further than tholr views correspond with your Judgment of tho right nnd then decide. If you hnvo nny rcasonnblo doubt that tho deceased camo to his death at tho hands of tho defendant, that doubt should operate to acquit tho defendant. In deciding upon tho case, or upon any material part of It, It Is tho duty of thojury toglvo tho prisoner tho ben efit of any reasonablo doubt, urlng out of tho evidonco, which provonts thorn from coming to n satisfactory conclu sion. This doubt must not bo a fancied one. It must bo an honest doubt ; such a dif ficulty as fairly strikes a conscientious mind and clouds thojudgraent. If tho mind is so well satisfied of n fact on tho evidenco that nireosonablo man would be willing to act upon' In affairs of tho utmost Importance to himself, thero would be no room for doubt. If you find that tho killing was bv blm, but you havo such doubt3 as to whether It was wilful, dollberato and premeditated, with tho specific intent to tako '.Hfo also, y&u cannot find him guilty of murder in tho first degree, and tho grade of tho liomlcldo would bo reduced to at least murder In the sec ond degree. I havo said to you that when tho kill ing is proved that tho law Implies mal ice. That implication, howover, being a presumption of law, may be rebutted by proof of facts which negative its ex istence such ns accident, or heat of blood or provocation. If a deadly weapon Is used purposely, the grado of liomlcldo mu3t not bo reduced below murder. If it was not used with Intent to kill or do great bodily harm, and yet was used wantonly and ncklessly in an unlawful manner, in tho commis sion of an assault upon tho deceased, tho offenso would bo manslaughter. If It wns as wo have said n misadvou- uro, and accident, it would bo no of fenso in thoeyoof the law. In your verdict you will Silv specific ally bow you find; If murder, you must specify tho degree; if or manslaughter, you will say not cuilty or murder, hut guilty of voluntary manslaughter. If It was a mlsad venture, your verdict will hu not guilty. Anil nnw.gL'iitlemon.thls very impor tant and yi t somewhat mysterious caso is ubmii to bo committed to your final leclslon. Up to this time every person of this great assembly must be satisfied of tho lalrne-s, regularity, nnd impar tiality or this trial, nnd I feel sure that nothing which Is left lo bu done by you will impair its general character. If you dNchargn your duty conscien tiously, ns I have no doubt you will, whether your verdict bo popular or un- popular you may defy the censures as I know you would tit. regard tho applause of tho multitude. You hnvo frequently, in tho progress of the trial, heard reference mado to tho charge of tho Court. That refer ence, however, was only as to the law. lho law as applicable to nearly all hom icide trials. Wo havo now given you that law. You must find tho facts and then apply tho law to them, and under the facts as you shall find them say wneiiicr this defendant ho guilty of any offense, nnd If so, of what grado. If ho bo Innocent your verdict should grant him n speedy dellverence. Mi.y unerring wisdom lend you to correct conclusion. Imsii Snakes. Contrary to the pop. ular notion, snakes do exist In Ireland, aud FroR, also. In fact thoy are abun dant In tho county of Dublin nnd in Queen's county. Ono account gives It out that they wero first Introduced as an experiment, In IGSC, by a fellow of Trin ity College, Dublin; another, that a gentleman Imported a number of vlp. ersfrom England Into Woxford, nbou, tho yoar 1007, but that thoy died Im mediately after. In tho summerof 1831, howover, a gentleman, by way of ex periment, brought a fjw pairs of tho common snako lrom Scotland, and placed them in a plantation at Mile cross, near Nowtotmrds, and tho rendi tions with which they multiplied was moro alarming than ploasant. A Joku that Paid. Count Ula marck recently presented a faithful but poor secretary with a portfolio bound like n book, in wlilch wero deposited ilvu thousand thulers. On meeting hU sccretary next day, tho count asked, blm If ho hud perused tho volume. "Yes, your highness,'1 said tho sicro tary, "and 1 am so cnptlvnted by Its contents that 1 tun waiting the uppeur anco of tho sieond volume with Icellngi of tho greatest Interest." Tho count suilled but said nothing, A few dayt afterwards tho sccietary received n sec ond portfolio, bound and fitted like the first, aud on tho title pago of which was tho tontencoi "This work Is complete in two volume"