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"