THE COLUMBIAN AND DEMOCRAT, BLOOMSBURG, COLUMBIA COUNTY, PA BLOOMSBURG, PA. Friday, Doc. 1 y, 18 7 D. (HUNTS MESSAflE. Wo give our renders this week the mcage of tho President, omitting only some routine matters, which are not of general' interest. It is a wcnlc, diffusive article, lacking forco nnd clearness Tho living, vital issues of the present aro ignored, and a vain at'enipt mado to creato clap-trap and sensational points for ids party In 1870. Our progress during the past century is alluded to, and whilst in the main true, tho present condition ot tlu country Is not only deplorable, but directly nttributablo to K.ld ieal legislation and rule. The school question is simply an echo of his Dm Moines speech, and an attempt to arouse the bigotry latent in tlio land. In n word he would havo the government inter fere In a question which has no real exist ence, and which never should como before tho national Government. Ills idea ot taxing chureh property is raero catch cry. ' It la a question belonging exclusively to tho States, themselves, and ono with which the Supremo Court has said tho Federal Government cannot Interfere In Pennylvanla, for example, our Constitu- tion nnd laws meet this question fairly, nnd no chango is demanded by tho people. The Spanish and Cuban questions are met in a conciliatory manner, but our naval pre paratious continue. His homily on tho financial' question is muddled contrary alike to his former dec. iarations and tho nets of his party and the opinions of its leaders. In fact io says that : "I am not prepared to say that I can suggest the best legislation to sccurcthc end." The mcssago further recommends the re imposition of the tax on tea and coffee. This was taken oir for political effect, but now since the election is over it is to be recnacted. These aro tho principal points alluded to but our readers should examine the docu mcnt for themselves, c shall allude to specific points hereafter. GItAXT-rllURCll. Grant and his 100,000 office-holders are gradually closing in the lines, and the third term programme, assumes proportions that alarm tho staidest llepublicans. And now we see somo bigots engaging In a religious crusade to help on the movement. Tho fol lowing is among our telegraphic dispatches: tiiu m. c. cmmcii to tiic front. At a meeting of tho Methodist Kpiscop.il Sabbath School Union, Tract Society, and 1'reachcrs' Association, Ik Id on Monday in Boston, nearly 200 ministers being present, Bishop Haven urged, "as a matter of safety for tho. Republic" that General Grant be nominated tor the third term. The bishop's recommendation was adopted by a unani mous vote. Bishop Simpson while disapproving of any politics inside of church ailairs says his personal opinion is that the people will do wisely by electing Grant for a third term. This is only a starter. Other fools will fall into line, and in 187C, the Republican party will havo orators and presses through the land pretending alarm at the ascendancy of the Catholics. Ministers who cannot hold their congregations becauso of their own short-comings will join in the cry, Zealots whose principles daro not stand fair and full i.ivestigation will swell it. A enco proud party that believed in the Constitutional doctriuc that "Congreu shall mate no law respecting the establishment of re ligion, or prohibiting the free exercise thereof," propose to raise tho question of Protestant ism versus Catholicism. And Grant is to be the leader of these holy ones, aided by tho pious lien. Rutier, "Boss" Sheppard, Uabcock,- (if not in the Penitentiary), Moshy, and men of thatjclass I Yes, Grant the Debauchee tile jockey the Long Branch Grant thcintimate of thieves, rings and scoundrels. "Angels and ministers of grace defend us." A Haven of Unrrst. Bishop Gilbert Haven, of tho Methodist Church South, has done a very indiscreet and very indefensible thing. lie has dem onstrated most emphatically that he under stands neither the political nor religious proprieties of his relations, and in the dra matic attempt at a sensational nomination for tho Presidency has damaged, according to his best ability, himself, his candidate, and his Church. With singular maIadroitnes3, at the very moment that the President is (.ending to Con gress a grave nnd well-digested message warning tho country of tho dangers which threaten it from ecclesiastical ambition and aggression, Bishop Haven, himself an eccle siastic, and ono of vast power and influ enee, if his. Church organization amounts to anything, In a religious convention called together professedly for religious purposes, was engaged in making a political noiniua tion to the first ollice in the nation. Had Cardinal McCloskey in an episcopal convention of hi Church nominated John Kelly or Governor Carroll for the Presidency the uproar all over the land would have been tremendous. That an outcry from East to est is not iicard over Bishop Haven's vo litico-religious venture is simply because his action docs not carry tho weight that Mr McCloskey's would have done, and is not, therefore, felt to ho practically as danger ous. Its impropriety and indecorousness, however, wo have no doubt will bo rebuked by uearly every respectable journal in the country. What the people uiostunmistaka bly will resent and punish promptly, and in every section, is ecclesiastical interference with our polities, bo tho hierarch Romnn Catholic, Buddhist, Methodist, Pagan, 1'rei byterian, or Mormon, I'reti, Vice PmaiDt.sr Wilson's Birth Wo stated that tho Vico President was born in a gipsy camp. This statement haying been denied, we take occasion to reiterate it. .It is literally true. Tliero were in Strafford county.K. 11., early in the century, twowai.' dering tribes of roving vagabonds,whodwelt in huts and tents and traveled from place to place, picking up a beauty eubsistence by making and selling baskets and eking out their uncertain livelihood by fortune telling, tinkering, etc. To ono of these tribes the Colbatha belonged, and in their hut tho dc parted statesman of New England was born. Utica Obtencr, GOOD. A Democratic House of Representatives bos declared against all subsidies or grant: t'ljrallroad companies. They have followed tho platform of 1872, and deserve tho com mendation of every honest voter. Tub Cknti:nmal Oratok. The Centen. nial Committeo on tho Opening Ceremonies have selected Win, M. Evurta for orator, W. H, Loiigfellow, poet, sod a grandsou of IticUrdll. Ue, of VlrKiuin.-reaier of Uie Diclaradoe f lkltMiMlnM, 1 communicated. Editors or Tun Coi.ummak s I'leaso rdlow me a small space In your Columbian for a Centennial subject. It Is projoed to erect in tho Centennial grounds nt Philadelphia a statue of the Ht. Rev. William White. D. D. tho framcr of the constitution of tho American Kpiscopal Church ! the first Bishop of tho Diocese of Pennsylvania i the first chaplain of the Con gress of tho United States; tho first President and first signer of the constitution of tho Scietyfor promoting Sunday Schools in I'lilladclphia, being associated with Dr. Rush In tho work ns early as 1790 and tho friend nnd pastor of the first President of tho United States. Bishop Wlilto was bom in 1747 in tho city of Philadelphia and died thero in 1830. On tho 4th of July 1781 ho took ills degree of D. D. from tho University of Penn sylvania, being tho first person named for that degrco by that Institution. As Wash ington was first amongst his countrymen, as n Commander, a Patriot, and a Man and Marshall as an impartial and upright Judge, so was While as a teacher ot tuo Uospel and head of his Church. This is the eminent Prelate and distln guished Patriot whoso services nnd character justly demand that n monument to his mem ory should be erected. And as ho belonged especially to Pennsylvania, it would bo moat becoming that Pennsylvanians, and particu larly the Episcopalians of Pennsylvania should contribute to tho erection of that monument. If there are any in this county of Columbia who feel disposed to aid this project, I may sav that Mr. John Welsh, the Chairmni of the Finance Committeo of the Centennial Board, has been named as the proper person to rcccivo contributions. Very Respectfully, J. it. Bloomsburo, Pa., Dec. 10th 1875. I also invite your attention to tho neces sity ol reirulatina bv law tho status of Amer ican women who may marry foreigners, and of defining more fullv that of children born in n foreign country of American parents who may resido abroad, and also of some mrliier provision regulating or giving legal euect iu marriages oi yhicul-uii cmzeiis con trolled in foreign countries. Grant's -itcss aue. Why ? Becauso his daughter married an Englishman. That is the milk in the above cocoanut. Tho Apache Indians aro acting upon Grant's motto: "Let no guilty man escape." They killed and scalped an Iudian agent a few days ago. News Items. A man! in southeastern Wisconsin lias thirty acres of swamp reserved for bull frog cultivation. The British Parliament has been sum moned to meet on tho 8th of February for the transaction of "urgent and important business." S. Gross Frv. of Philadelnhia. is in a dying condition." President Giant's mcssatre is tho lonecst ever written for him. Thcodoro Thoma3 has been selected as musical director of tho centennial. -Tho Ueadinc Eanle. savs that G. W. Childs will bo urged as a Presidential candi date next year. The Babcoek court of innuirv has decid ed to await the result of the trial at St. Louis before taking any action in regard to the charges affecting the accused. ThoThiladelnhia iurv. trvinsr William W. Brown for tho murder of his wife, after an hour's deliberation, returned a verdict of murder in tho second degree. A Leopard brought by vessel to Phil, adelphia for tho Zoological Gardens, got loose, and made a lively timo of it on the snip tor several days. They succeeded fin ally in capturing him in a trap baited with raw meat, and his leopardship was safely iiuiueu. President Grant should havo sufficient sense ot propriety to put a better man in Schenck's shoes nt once. A lnnrrcr delay will be nn insult to both England and Amer- : o, r...-. r i iu. ui. xrfuw jicpuoiican. The North German Lloyds' steamer Deutchland, from Bremen for New Yorl with emigrants, went ashore in a gaio near Harwich, on tho eastern coast of Endand. on Monday morning and was wrecked. About nay ot tne crew and passengers wero lost. Edward Kennedy, the tramn who rc cently attempted an outrage on a littlo four- year-old girl in Hanover, was beforo the court yesterday, and plead eui tv to tho sec oud and third counts of the indictment. He was sentenced to pay a fine of 2200 and costs. andto an imprisoument of seven years in the peiuieiuiary, uazzue. When money collected bv an nttornev has been held and not paid over within a reasonable time, no may bo held liable lor interest thereon as well as for tho payment of the amount. The Illinois Sunreme Court su ucciucs. .... .,..!., John Leieh. of Wisconsin, will never uo so anymore. At tho last election he voted lor his opponent lor member of tho legisia ture, and that vote did thebusiness.hiscom petitor being chosen by ono majority. The Secretary of tho Treasury han nn. pointed A. E. Wilson of Louisville to lin chief Clerk of the Treasury Department to fill the vacancy created by tho resignation ui livery. Lancaster. Dec. 15. Yesterday Lwtrurer Piollet delivered tho annual lecture, nivim? an uituuub ui uis iuuurs uuring tuo ycar,ioi lowed by tho renortof Secretary Tlmmiw. .... ,.,IL 1-1 ....... .'. - f Tho proceedings today have been entirely of .i umuiiwi nature, anu were attended by .il.mi. f.nn ,ltA.,i.. . mi f ituuiuuuu uvkih. .mu IVUUTI.OI IHUUUS1- ness agent shows that on purchases made by nun in rue last seven months amounting tn $130,000 for members of the order, $27,000 have been saved. Tho number of grangers hi Pennsylvania is now au.uuu, belonging to uou granges. TJio Week of l'r.iyer-Scheiliilo of Topiei for liAuurtuuva The British branch of the Evangelical al liance has issued a schedulo of topics suita hie for exhortation and intercession on the successive days of the meetings during the hrst week in 1870; Sunday, January 5. Sermons Tho love of God perfect! in him who "keopeth his word." I John ii:5. Monday, January 3, Thanksgiving and Confession. A retrospect of tho year. lucsday, January 4. Prayer for tho Church of Christ for the members recently added to the church ; for tho union of true believers in fraternal fellowship and active co-operation for the removal of error, the iucreaso of godliness and a plear testimony among believers to the doctrines and power of tho gospel of the grace of God. Wednesday, January 5. Prayer for fami lies Godless parents; for prodigal sons j for children at school for those entering upon professional and commercial life for widows nnd orphans ; Kr sons and daughters in for cign )ands and for all who are mentally or otherwise nflllcted. Thursday, January C Prayer for Rulers, Magistrates and 8tateanieqtfor soldiers and sailors; for national institutions; for pull nijtbrople and charitable societies; for pris- oners aud captives and for tbo persecuted and oppressed. Friday, January 7. Prayer for Foreign Missions. Matthew xxvliilO. Saturday, January 8. Prayer for all na (Ions for tho maintenance of peace; fur the (.-citation of tumults, wars ana civil strlfo; for tho removal of intemperance, immorali ty and infldeilty from tbo land; that the fruits of the earth may bo brought forth plentifully in their season, buiidny. January 9.-Vermont The ultlt waU triumpli.Wbu tli:17 ' TIIU imn.VKT HOMIl'lDE. ciiAtioi: or tiii: court. ClK.vri.uMiis op tiiu Jury i This pain fully Interesting iuo which for tho last few d.ivs has occupied your time and attention, Is drawing to it el'xe, Tho duties of tho counsel have been fully nnd ably performed, that of tho court so far as tho isuio Is con cerned will end when wo shall have in structed you In tho principles of law ap plicable to tho case. Wo have observed with great satisfaction tho closo attention which you havo given to the evidence and tho aritumunts of counsel. Wo also commend tho patience witli which you havo submitted to the requirement of the law in being, during tho whole prosress of the trial, isolated from tho rest of the public. While you uo doubt rejolco that tho restraint is about to terminate, you can not but feel more nnd moro sensibly tho weight of responsibility resting upon you, ns tho time fir announcing your conclusion, tho result of the trial, approaches. Tho magnitude of tho olfenco with which tho prisoner nt tho bar is charged, demands a full conscientious and carelul considera tion of tho law, at tho hands of tho court, and nn impartial, unbiased and scrutinizing examination of tho facts by tho jury. Tho court is responsible for tho law, but to you is confided tho hightrustof solving the questions ot tact. In tho dlschargo ot tho duty, in volvinc issues of lite or death, prison or liberty to the defendant, tho magnitudo of tho charge should have nn other influence upon yoar minds than to makoynu cautious, deliberate and iustin weiiihititr tho evidence, and clear and satisfied in tho judgment you form upon it. You will constantly also bear in mind your duty to society, nnd will not fail to remember tho justice nnd the impartial consideration which both tho com monwealth aud the prisoner have a right to expect nt your hands Tho majesty of thelaw which protects and defends the sanctity of human life, must be maintained, regardless of consequences. The baittnco must be held with a lirm nnd steady hand, while the mind intent only on truth and justice, should bo alike oblivious to sympathy and to vengeance. The law gives to the accused tho presump tion of innocence. Evidence to convict must ovcrcomo this presumption and ex cludoi every reasonable doubt of guilt Looking at all the facts, the iury will deter mine whether an offense hasbcen committed by the ncctised, nnd if so of what nature and grade. This Indictment charges the prisoner with the murder of William A. Kline on the 7th day of September last. Under this indict ment it is competent for the jury to find a verdict of cuilty of murder in the first de gree of murder in the second degree or of voluntary manslaughter. It Is not denied that tho prisoner at the time stated mulcted a wound upon tho per son of tho deceased. But you will take noth ing for granted, but will requlro that every essential fact be established by oyidenue that satislies the reason and convinces the judg mcnt. The case supposed by tho Commonwealth and claimed to be supported by tho testi mony of witnesses is.that in tho early part of . I. t C . . , W.I- A I. 1 uiu muniing ui oeptemuer in, me ueceascu was upon the porch ot his hous". somo llllv feet from tho store of tho prisoner, the pris oner applied to him opprobious epithets, nailing mm across the street that tnc de ceased with a cane in his hand, in a hurried and excited manner, crossed the street and went upon the porch of the storo qf the prisoner tuai as uo went upon me poren, tho prisoner went into the store and shut tho door that deceased called to him to como out nnd they would settle the matter that deceased turned to leave that the door was then opened bv the prisoner who at the samo time mado some remark calling him a thief, and that as tho deceased at that mo ment turned his bead in the direction of the store door, tho prisoner stabbed him witli a pitch fork over the left eye breaking through tho orbital bone, or part of the skit.l below or about the arch over the left eye mat t.ie instrument penetrated ootn mo out er and inner tables of the skull and into the brain, causing him to fall, producing imme diate unconsciousness during the time he lived nnd his death on the 18th day altcr wards. Whether this is a correct conclusion from the facts established by the testimony, the jury will determine. I shall not repeat the evidence upon tho subject of the encounter in detail. Tho coun sel upon both sides havo called your atten tion to tho testimony of Peter A. Kline, John Black, Isaac A. Black, Milton Betz, Lewis Uildebrand, nnd Susan Kline, all of whom swear to seeing the whole or part of tho transaction. On tho part of the prisoner it is contend ed that the testimony of Peter A. Klino is contradicted by the fact, as now a'leged to bo proved, that he could not have seen the occurrence from tho window where he was at tho time, and that his testimony hero vanes from that on the hearing of the Habeas Corpus. If it bo so that lie could not pos sibly havo soen tbo transaction, his testimo ny is not reliable But beforo coming to that conclusion the jury should he well sat isfied that tho examinations by the other witnesses unmistakably prove that he could not have seen what ho has sworn he did see. Evidence of what n witness lias before said or sworn to may be given for the nur poso of impeaching tho witness and if it appear that a witness has given out ol court a version of matters essentially different from his testimony in Uourt. his credit is shaken find his testimony should be scrutinized with great care, and li disbelieved, or considered unreliable, rejected But such cvidenco of statements arc only reuclvablo to I in pencil the testimony oltlie witness, not as proof qr tho facts as stated out of Court. If Lewis, Uildebrand made the statement to Mr. Ru- tan as testified by the latter, but denied by the former this would co to the credit of Mr. Uildebrand, but would not ho evidence of tue jacts as stated to Mr. Jtutan. ir wit. nesses swear on different occasions xiilfulbi different to material points their testimony should be considered unreliable. U mista kenly it should be examined with care, all the circumstances being considered. If tho iury nro satished that tho prisoner inflicted tho blow upon the deceased causing the wound as alleged bv tho Commonwealth and testified by tho witnesses, tho first nqulry U whether that -blow and wound wero tho causes qf UU death, On tho subicct of tho fatal character of the wound, there nppoars to bo no e.scntlal differciico in the opinion of tho .tirgeous. Dr. Harder. Dr. Ammerman and Dr. Meirar- gel saw tho deceased while, alive.nnd mado n post mortem examination of liis head, and uiiquaiiueuiy givo it as tueir opinion that the wound caused Ids death, Doctor Tur ner and Reber, examined on behalf of tho prisoner give it as their opinion that the wound was mortal unless tho life of tho na. tlent could have been saved by a skilful one- ration called trepanning. In regard to the proper lreattr)oil n the case me doctors dis agree, (Hero ins honor caueu (no atteqllqi) of the jury briefly to tho cvidenco upon' that subject and proceeded.) The rule of law is that if a man give an- other a strnko not In Itself so mortal as to cause immediate death, yet if the parly dio of the wound within n year and a day it is murder or other species oi iionueiuo as the case may be; though tlp wound he not mor tal and it is made cicariy aim cenqiniy fn appear that the death of the party was caused by tho ill applications by himself or thosu about him of bad medical or surgical treat ment and not by tho wound or hurt, it seems according to the authorities that this U no species of homicide. But if the death be truly owing to the wound, it signifies not. that under more favorable circumstances aim with moro skilful treatment the fatal result miglt Ijaye been averted. For example if un assault bo nude, which opens an ar- tery.lt will be nq defence" to plead, that by tho assistance of u surgeon tho wound iqiglit havo bc,cu staunched and lifo preserved. Whether the wound Inflicted by tho nrli. nner was a mortal wound you willdeterinlue Irom tho evidence taking Into consideration its immodlute ell'ect upon the physical and mental powers of the deceased hs situa tion thereafter down to the day of his death -?t!e fiicts testified by those who were with him from tho time i( (ho wound until he died, aud the tentimnnyof thesurucuiis who attended upon or visited him while he lived and inadoapojfMorf'fffi examination as well as that of the surgeons who havo testified us experts. If tho wound was necessarily mor tal, innuirv as to the fart of killing need go no further. Jf H ut mortal, but sup Duration of the brain wu caused thereby. for tha want of healthful -nplra.lon. or front neglect, and the kuppurntioa wi the ramvdittt cause of the diUi,yt it wm murder, manslaughter or other homlclilo I tho prisoner, hectuso though tho wound was not the immediate, cause nt tho death, yet It was the medlato cause, and tho sunrurnth or other disease, of tho brain tho Immediate cause, the wound was tho causo of tho sup puration nnd lucrciore the cause ot m death, Tho true distinction in nil such ca'es that If tho death was evidently occasioned by grosdy erroneous medical treatment, tho original author will not be nnsweraulc, bii if it was occasioned from want of tho hlgli est medical skill, which could nnlv ho com manded nt a distance, he who inflicted tho wound is responsible, became ho lias wil fully exposed the deceased to a risk from which he has no practical means ol escape is mere reason to doubt in tins caso in tho deccwed ca uo to his death bv reason the wound Inflicted on the morning of tho 7th of September? A man, apparently good health, while standing up lsstabhei with a 1 1 i tcli fork, a tine of ivhlcli is thru- through tho outer and Inner tables of tho skull In the arch of tho left eve lie, at unco falls to tlieground.dcnrivud of consciousness. paralyzid upon one side mil Is there ifter powerless and speechless, or nliuost wholl so to tho day ol his death, win occurs 18 davs afterwards. Ho i ceived medlato treatment nt the hands of his family physi-.-iau aided by the advice of nth er surgeons, but continued to fail until hi died. If you nro not sill-lied that the blow inflicted by the prisoner was tho'nie 1 ate or immediate, c.ui-e of the death of tho decaased whatever you may think of the at' taeK you ought to acquit abs'ilutely. inc creiiiuillty ol witnesses, their means of knowledge and every circumstance hear ing upon the guilt or innocence of the pris. oner nro matters wholly for the consideration of the jury. Bjlore convicting ot thocaplt or any lower grade of ofl'ons', every fact e ecntiai to constitute such olleine must lir he found under the evidence beyond a re sonable doubt. llomii'iih' is tho killing of a human being, It is justifiable as in ease of life taken tindei sentence of the law. It is excusable in case of s.-lf d.-foiuv, and it is felonious, as in case of murder and voluntary manshui.'hter. Murder is where a person of sound inin and discretion tinlawfn ly kills a reasonabl creature in being iu the peace of the Com monwealtli with malico alorothoua'ht,?prcss iir iiniiiieu. Miilicj is an esteutial element in the crim of murder. When tho killing is of a sedate mind and iormed design, the malice is ex press. .Malice is presumed when tho act i deliberately committed with a deadly weni on and is likely to bo attended with danger ous consequences. Iu the legal sense, mill ico means that bad mind or spirit which im peis one to linnet injury upon another will out causo or sufficient provocation, nml i implied by law from any deliberate and cruel act cuiuiniucu uy one person against anoth er. ii statute oi mis oiaic, to winch we wi presently call vour attention. estnhlUliPs division of the crimo of murder into irr.irtVa nnd mitigates thepunishmentaccording to the neiiiousiiess oi tne circumstances or lacts o! tho fase. If the cvilcncc cstnblUhro mnr. uer ns l linve delmed it, then tho net of as sembly comes iu nnd fixes the irrade. Voluntary manslaughter is the unlawful killing ot another without malice on a su, den quarrel or in heat of passion. To exten uato or reduce a homicide from murder to manslaughter, both passion and provocation must exist Provocation without passion or i,.i?sioii lYHiiuui provocation win not sui ice to extenuate the ollence. Whenever tho killing is clearly s'lmvn In- tho prosecution, the circumstances of excuse or extenuation must bo established bv tli, prisoner unless thev are shown bv tln nvl. denco adduced against him. Words of reproach, how grevious soever, aro not sufficient to free the party killing from the guilt of murder; nor are provoking actions or gestures, expressions of contempt or reproach without an assault on the person. But assault upon the person or blows nn. ueemed Bumcient to excite tho passions to such extent as to deprive the mind for the ino'ncni oi tiie power to deliberate. Neither is a baro trespass against tho nron erty of another, nor his dwelling linuso. mil' uuii-iii, (iruvuc.uioii w warrant tne owner in using a deadly weapon in its defem-n: if In. do nnd witli it kill the trespasser, it will be muruer, even tnougii tne Killing were actual ly necessary to prevent the trespass. The invasion of property cannot lawfully he de fended by the extreme measure of taking the lllo of the invader, Tho law regards a hu. man lifo as of more value than .mv nmmim ui jiruiieny. In defence of the person a hominliln innv bo excusable. The rule upon that suhiect is well sttled. It is this, that iu order to kiiIi excuse, the Killing ol one who is the assail ant must bo under a reasonable nnornhpn sion of loss of life or of great bodily hnrm and the dunier must bo bo imminent at the moment, oi tho assault as to present no alter. native of escaping its consequences but bv resistance, men t no killing may he pxens. able even if it turn out afterwan's that there was not actual danger. The law of self-defense is a law of necessity, and that necessity must he real, or bear all the semblance of rp. nllty, and appear to admit of no other alter native before taking lifo will be excusable. In all cases where this defence is set im tl, evidence should bo examined with care, iu order to sen that it rests, whero alone it can rest, nn tno ground ot real or apparent ne cessity. The act of the slayer must, there lore, be sueh onlv as is necessary to protect his person from death or great bodily harm, nnd must not bo entirely disproportioned to ussituiL iii.iuo upon mm lAies the evidenco in this caso prove any such necessity as the law requires to excuse a homicide? To exonerate the prisoner from blumo In respect to J ho killing f Jt'not, wero there such extenuating circumstances, of provocation and passion, or reduce tho Sraue oi the ollence below the crimo of mur er to manslaughter? (Here the court referred the jury to the pyiqence on tiieao points.) If it bo found that tho wound Inflietnd nt the fall occasioned by its infliction was the cause oi tne death the question arises wheth er tho net of the prisoner was excusable in self defence. Had the prisoner any reasonable grounds to appreueiiu mat ins own uie was in dan ger or that great bodily harm would belall him it he l.uled to protect himself by slay ing tho deceased? Upon that question all the facts occurring nt the time as vou shall find them to be, iu connection wi(b previous wri-itm iiutuu ny nccciiseu are to ue cuusiuered, But throats nro of no moment unless tho danger of life orgreat bodily harm appeared to ue so imminent at tue nine as required the extreme measure of taking life. It the pris oner was secure in his, own store with the door closed if no (vssau.lt was, made upon his porsou, although tho deceased committed u trespass by ct-nnng upon tho porch of the store, calling upon the prisoner to como out, yet If the prisoner a', otico opened the door and struck with the fork it would not be in self defence, If however, there is anything in theevi. dencoorcirciiinstanc.es, that proves an attack upon the prisoner after he opened the door unu uo ore hosirucx w in uie iuri, aim t mt such attack was of a nature to indueo a rea sonable belief that the risoner had uo other means oi escaping ueain or great oouny harm than by slaying tuo ucccaseu, ins de fence of Ids person was excusable. But it is our duty to say, that before you come to that uoi(ilusIqq y'qu iit)s( bo satisfied clearly by tho evidence or by' circurtjstunoesjaruutij, aud not by conjecture that such ussault was made by the deceused. (lh tho deceased do any other act than go ncross the street in an angry manner' Did tho prUoner apply to him opprobious epi thets across tho street, or did he cross the street becauso ol tho altercation between prisoner and his wifc and not by reason of taunts by the prisoner? Did he do anything ht'sides flourishing his canoand desnethu prisouer i) P-uno out? Was the prisoner theil safe upon tho oMpr n'lfo of (he wall f Was there any apparent danger of injury to his person? If so was there reason to up prebend immediate danger in case he at tempted to retreat? It there was an attack by tho deceased upon tlfl Pfisuncr so sudden and violent us to render It rculy of ujiiijiivntly dangerous for him to attepipt. to escape' from' it, he might ftt once defend himsell ut 'on the other hand It thre was m such mil or hp. parent danger he was bound to retreat as far as he coulilwith apparent safety. If there was un actual ussuuit upon tho prisoner by uttempting to strike wlitu with in striking di tince witnucuue likely to kill or do great bodily harm the qut.tlou of sell dtft-uco arises, otherwise nut. In consid ering this question the cltiacUt (if tkij weapon i the binds of th ptrtleeMbo, placo where thoy wero the opportunity to retreat nnd cvprv other tact proved unon i n suoject, snouid no allowed duo wcignt. it is not suiliclcnt to acmilt that the evi denco lenvcs vour minds in doubt upon till- question. The burden of proof rests upon tne ueiciuiaiu or must besatislactorliy gath ered from tho circumstances. If tho homicldo was not cxcusablo it was either murder or manslaughter. Was tliero such provocation ns In Inw will reduce the offence to voluntary manslaugh ter? Wo have already said that words nnd Kcsturs are not recognized by law ns ii sufh cient provocation to reduco a killing below tho grade of murder. And we now say that a trespass upon tho premises of the prisoner and nngrl v rcnuesting him to como out without more, even though the purpose may have been to light, would not reduce the grsdo of the offence to manslaughter. If the prisoner opened the door to assail hltn and did nt onco assail him with a deadly weapon. nut II there bo any cvidenco which proven that the prisoner opened his storo door to drive nwnv the deceased and was nssaultrd uy tno deceased with tho enno which ho had in liis hand and the prisoner was thereby lashed into a passion, and In tho heat of blood, at the moment, seized the first wear on nt hand nnd struck the fatal blow, the of ienco would be but manslaughter. L-..- ..r i- !.. oner from the presence of the deceased, he x iii iiiu iituru purpose, 'i irecing uie pris- nan no r gnt to reson to tuo latni use oi a deadly weapon. Even if there was n chal lenge to come out and fighter settle their uimcuitics, tne use ol a dangerous weapon uuu utitiiiK uie ucceaseu mutiny itwiuisuu vantage would bo cvidenco of malice. If tho killing ho found to be excusable in self defence the defendant is entitled to un acquittal. If It was upon sufficient nrov cation and not with malico the verdict should bo guilty of voluntary manslaughter j but if without such provocation and passion and without excuse, the offence is murder. If murder, the most important question will be ns to tuo degree. Tho Act of Assembly of this Stase passed in 1701 nnd re-enacted in the criminal code in 1S00 provides thnt till murder which shall bo perpetrated by means of poison or lying in wait, or by any other kind of wilful, de liberate and premeditated killing, or which snan uo committed lu the perpetration, or nttcmnt lo nernetrate any arson. rmu. robbery or burglary, shall be deemed murder oi tne nrst degree, and all other kinds of murder shall be deemed murder of the sec ond degree ; nnd the jury beforo whom nnv person tndicUd for murder shall be tried, shall, if they find sucli person guilty there of, nscertaiu in their verdict whether it be murder ol the first or second degree. This statute has been the suhiect of con sideration nnd judicial construction in many cases, nnd it may be stated as the uniform conclusion, that except in cases where the crime is committed in the perpetration or attempt to perpetrate eitherot the telonies mentioned, the intent to kill is or tho es sence of the offense of mm der in the first de gree. The act must not onlv bo wiliul. dp. liberate and premeditated, but tliero must exist in addition the tnifni to take hie This general statement of tho law mny not convey to your minds tho exact forco and meaning of these words, wilful, deliberate and premeditated as used in the statute. For the purpose of moro full explanation, and that you may clearly understand what facts must bo found before there can be a convic tion ot a capital offence, I will be moro ex plicit. If nn intention to kill exists, it is wilful if this intention be accompanied by such circumstances ai eviueni-e n mind tuny con seious of its own purpose and design, it is de liberate : and if sufficient time be afllinh-d to enable the mind to Irame tho plan to car ry the design into execution, it is nremedi. lated. Thelaw fixes upon no length of time as necessary to lorm the intention to ki but leaves the existence of a fill v formed intent as a iaci to ueuctermmeu Uy the jury from all the facts and circumstances in pvt. uence. The law regards and the iurv must find tuo nciuai intent to kiii. wun so much time tor deliberation ntiil premeditation as to con- vinco mem mat mis purpose is not the m- mediate offspring of rUUs and impetuous temper, and that the mind is become fully cm,eious of its own design. If there he tlUIC to inline 111 t ic llllncl lullv and ran. seiouslv the intention to ki . and tn si1,! uie weapons orineiis oi ucatli, ami to think and know beloreliand. thoutrl the tin. J,n aimri, uie use to ue.maue oi it, mero is time ,ll!l . 1 ' !!... 1 1v u, ii'-iiuruuu iiuu jiniill-uiiuie. The proof of the intention to kill, and ot the disposition of mind, constituting murder oi tue nr.si uegree lies on Uie commonwealth nut the prool need not be express or nosi tivc. It may be inferred from the circum sluices. If from all the facts nttendlnir thn killinutho iurv can fullv ami sutUfuetnrilv infer the existence of the intention to kill and the malice of heart with which It Wild dono they will be warranted in so doing. Ho who uses upon tho body of another at some vital part wun manliest intention to lisp it upon him, a deadly weapon, must in the absence of qualifying facts bo presumed to know that his blow is likely to kill, and kmuitiiiu iipiiji. uu presuiueq to IIUCIHI o teatli which is the probable n,nd ordina ry consequence f such nn act. Ho who uses a deadly weapon without a sufficient cause oi provocation must be nresuined tn .1.. !, .11.. - , . , , . r... in, ii. wiuKeuiy iirinuu a uau neari. itierc- niru ne who tunes me uie ot nnotner with a deadly weapon, with n manifest design thus to use it upon him. with sufficient time to deliberate ana lully to torm the consc nn purpose to kill, and without any sufficient reason or came oi extenuation fs, guilty Ul llJUIUt.'! ill tiiu uisb urgri'U. Iiut if from the circumstances and nv! ilenco in tho cute the jury believe the inten tion with which tho act was doue, although a deadly weapon was ued, was not to take life but to do great bodily harm, the grade oi muruer wouui ue reuueed to murder in the second degree. If there exists a reason ablo doubt as to the mieeifiu intent to kill mich doubt should operate to reduce the of- lence to the lower uegree. Does the evidence show that the act charc- p,l urns, flnno l,v till! nrisnnpr Willi flip intnnl to kill the deceased? If out of feeling of animosity anil previous spite and ill will or oilier motive, lie lurmeil tno design to kill tho deceased, and was conscious of having formed that ucMgn, and selected the weapon with which to accomplish his fully formed purpose witli the di-libi rate intention there with then to kill the deueased, hu is guilty I tup capital uiieucc, Iiut if. on tho other hand, oivincr to the udden uppearano of the deceased upon his treiiiii', ins utiniii ,vi,3 iiiu iiiuueum'.u on- pring ot rashness and tin impetuous temper, in milium iiiuiiiriiiuiviuii wi uuv ut-iiuL-ra- tion he seized the firt weapon at hand, and without any formed designotlier than to do hiidilv harm inllicted u mortal wound the of fence under the schedule would be murder n the second decree, suddenness Is omios- cd to deliberation : it restricts the opportu nities nnd means of its manifestation, and tl ie iurv must, beforo tlioy can conviet of tho m lalnflenco, bp well convinced that there was tunc to ueiiucrato aim irenieiiiau. Wo havo mioken of reosniiablu doubt What is a reasonable doubt? It ia not sulli- cient for the prosecution to establish it nossi- unity, me cy ticnce must i-muuiibii uie irutn to u reasonable certainly : it must convince I .,.i ,ii i, & .,n.iUM.n,u ,i ,i. anu uill'iv uie uimwn,,m,s ...... ,,.u leasoii aim juuiuviib ui uiu juij niiu nit: bound comeientiously to act up in it, d.nu,bt bucli 0,1 ttio Uw recciS'ilie la not a fig mcnt of the Imaiilnntinn, but fconietliing which upon it cand'd and conscientious ex amination of the evidence, would leud a man t common bcnsc, if tie were dealing wun the rdinarv business of life, and In his own af fairs, beriouslv to iauo before coming to a conclusion. If such a doubt exists in this caso in regard to any matter iu respect to which wo havo spoken ol uoubts,llie prison er Is entitled to tlio benefit of it. Wo do not dictate, but Mlk'UM that nn on erlv molhod ol'oanslderliiK'tliii caso would bo to inquire, inrst, wiietutr tlio uow mulct. d bv tho prisoner caused the dentil ot the deceased? Second, whether tho killlne was under bucii circumstances as tno law required to ex ist in ortcr to excuse a iionueiuo iu sen de fence, nV TlV r'l V!" I lui. utiiucmia ,,i iiii.-iiii-uiiaLi.u. n ,,,i mo I peel o Intent to take lllv. aim tlierelore mur der In tho first degree, If not deliberate and preiiu-iiiiaiod, was It wun malico, wun in tent only to do bodily harm, uud therefore murder lu the second degree. Fourth, Has the prisouer'.-bowii by his ev idence or dun it mnxar hi the circuuistunvea shown by th comwoowtalth, thnt the kill ing wai iu the btit of LUisl utueii. bv pro vocUou a Uie yui f Um sleciusl rd without malice, reducing the grade of the of-fpnr-n In vnlnntnrv manslaughter. If you find the ollence to be murder, tho Inw fenuircs vou to say iu your verdict whether you find the prisoner guilty of mur der In tho first or murder in tho second de gree. If the grade of ofienco is reduced below murder tho verdict mny ue guiny oi voiuu tarv tnniislnili.htrr. It lias been said in argument that the jury nro lodges of the law ns well ns of tho facts. This is correct to the extent that If tho jury in nnv criminal case nenillt. tliero Is no pow er that can correct tho verdict nlthough It may he ngaint the law. Hut under the law of this State, the defendant may except, In n hom e do casr.'n nnv r uing ni tne unurinnii I remove the case to tho Supremo Court for correction. It Is not. therefore, strictly cor rect to say that the jury are judges of the law. As we said iu the outset the law is lor the Court, and the facts fur the jury. In this charge wo have not aimed at origi nality but have followed In the beaten track of eminent judges and writers on criminal hiw. Thus far In tho progress of tills trial, nil who hnve witnessed It must be satisfied that it lias been conducted In such manner as best to elicit nnd bring to light the facts attend ing this sad tragedy. We now lenve the is sue with jnu, fully convinced that ynur vcr- diet will lie the result of Impartial judgment. If your verdict shall be the result of con scientious conclusions, based upon the evi dence, neither the Commonwealth nor the prisoner will have just cause for complaint. The case is committed into vour hands NEW ADVERTISEMENTS. Real Estate Sale. One cornrr lot TO for-1 frnnt. IMfpet, iloon. Mtuotfl In Kast Hloom,ibn:,on which is erected a good BRICK HOUSE, frame cut kitchen, with cood well of water In kitchen, aud a goud spring-bouse cellar undent. Also a frame; stable W feet loner, and othpr outbulldlnirs. i uiTc is uimj a Ytmeiy oi mm on 8am ior, such ai apples, pears, peaches, plums, cherries, crapes, Jtc. If not sold by January i, 1SI6, it be for rent. THREE ACRES of good farm land not far from said lot, with a good D,II1!IK Ul I, UU.-I Ull ,L, i no turco acres or mnci wun uio uouso an l lot would make a dcslrablu liome for a rutlrcil f irmi-r. hand Is In a good state of cultivation. The hou-io Is tho ono occupied t, mo for a number of j ears up to April last, and was In good condition. Any ono lshlus to ptirchasj can call on me, wliun terms w 111 inoomsburtf, Wil, U1UCKXSAUM. VW. if, lBtO.J(, ORPHANS' COURT SALE OP VALUABLE REAL ESTATE! Tly virtue of an Order nt thn orphans' Court of il Administrator rr Columbia county.thn undoi-slmed tue i-Btatu of I'eter Miner, Jr , nlll expose to l'ubllo MONDAY, JANUAHY 3d, 187C, Utotwit' P" tl10 ,ollowlnf bribed real es A MESSUAGE. ND Til ACT OP LAND, Wtutc in Locusttwp., Columbia county, adjoining liinds of Kdwnrd strausaer, Uavld bttue, A. 1 riiin-r ONE HUNDRED AND EIGHT ACHES, more or less, ten acrr-n rit whtrh u mwi timix i.h,i saving and excepting four acres of the aforesaid" tract of lund .set unart tn thn niiinw. 'ih.n.1...... GOOD APPLE ORCHAUP, a good spring and sprtng-house, frame bank barn, ANP FRAME DWELLING HOUSE, and the usual out-liulldhifs. TKIt.MS OK SAl K Tii.nr fr.nl ,n, ,.,.. i. iii "," "i?s "e P"lu ttt 1110 striking tlVS&hSxiSrTS S "lalntnjr thxe-e-rourtus in ono j cur thereafter with tu"''"uu "i. si: I utmi-i ur.v'n uec.ir.is.s. Administrators, n TO I n in 1 1 r C1 uaiii r i t-i , R Pi A ) T I IN NOT f I IV. Uavlng engaged In tho Ctothlnsr nuslnees the ?? m" tae. pleasure la announcing to the public that lie will have In a few days a Splendid READY MADE CLOTHING AND GENTLEMEN'S' FURNISHING GOODS OVERCOATS, CAPES, SHIRTS, GLOVES, HATS, CAPS, and all other goods belonging to a flrst diss CL0TLIING ESTABLISHMENT, AS he Is not ohlltrprl tn mobA Ifirm nmflfa ,nn. a heavy rent, lie Ciu an jm ut sou nt th v.,rv'in.,v, prices. I onx fall to call and. examine ULs goods, ion will save money by It. Ktoro in the old iW-ortlcu building, Main street below .Market, I door south of 1. W'.llartuuu's block. M. C. BlUTTAIN. Dec. II, is-em uLooMsnuuo, pa. JOTICE. i ut-reur eivo notice that I have asslirned, nnd transferred lo -Mr, ultra lin dbender, for talue re. eclved, all my notes, and nccoimts, whether on book or otherwise, aud bLe la liirt by duly authorized to luv miuu lui un unii uau. 11. W. IIAUCK, Miflttn M l,l. Dec, 11, VMt Col.1co.,l,a. TyANTED--A SITUATION. . iL.SP!. elom mUl. to run cither on fhartsor '"aSK im' JWU ''""Sfflli. 1)00 10,'T5-SW. Mill urou, col. Co., l'a. SAVE MONEY byBendlnctUWoranyli Magazine and Tun Ww uTiini-mtaih, nHui tmn.h ! r "-"" r" ZIDa ana THE S.1II-YVIMI.T Wlll'MC (rvgUUr prlCO I Audrey THE Till BU.NE, New York. EXKCJ loiters U- CUTOH'S NOTICE. E8TATK OF ESTUCK BAKBCR. DICI1IID. late of Madison lownkhli,L'oluniblacounty,dct eased. -iu,iuuiuur uu uiu u.suibe oi i&iuier narber ..u,u wim ki uufcVM vj luu ,ir;iait-r Ul bum lUUUiy. 10 II. A. WILsun, of ilaulson tuuunhlp, Columbia louu- Jtj -'"ulu,i fcu ,iiuui un ui-rbi us luuvuicu w Bam vmuiu uru it-qui tieu iu moio iiaiiieni and thobo hating claims or demands against tho bald i-stulo nlll make them known tolhubakl Kxecutur Nov.d-tt. ifvu(or. IITOU8 TO TUIC COLUM1IIAN. 'ersons Inikhtml to tlin unrlpmli-nful fnr Rith(..rln lloa to (hu cou-hbun aro henhy lafonned Uiatthey may at uny time scttlo the account due by them to mo wun r.. r.. uriis. jvsi., av room o. i, Loiuuibiaa building. After February court, the extra nnv cents per ) ear will lu all rates bu adde-l. Persons owing accounts for adiertlslng andjo) nunwa iiuuiiiu-u ,ijul rciiiciui-iiv iiiusi uo mnue, ,,..VUV VI UWVV, 11,,MIU MUU,S,U Ul UO lection. iuact-u iu mo usnus ui u jusiiceioi' immediate col II. L. IlimKMlACH K'I..llJ'ers lsno longer authorized tocollect foe luu v uia aiiin w ,w vvt,,v luvucj lui uiu. N OTICIi from this date the Hloomsbun? (las Comnanv 1H uuv in tert ice ii.ra ursi vusi uau luruuu ana not tin-tern at four dollars t uch. The tompany lime on band a lot of gas tar suited for Dalniiutr ruots. and losu or other tCrbuni ulu.vi i t. m wuu ucc if suua ur &x,uy rar varrrl, beet. NEW AJD'VElRTTSlVfRISnra. TO OUtt MANY FPJENDd AND PATRONS. For the past four years we Christmas and ftrfitnl r tlm irnnfmnnn ta Itmtn J viu itittv otiiTUi a :r o "w ixr i isr For two weeks we have been now wen we nave succeeded it 13 necessary tor yon to call examine the largest nnd most beautiful stock of goods we have yet displayed in Catawis?a. To begin we call your special attui to our large and ueautnul stock Alabaster, Lava, Crystal aafl. Over 100 styles purchased for ,..i.:i. m, t...ir n...! "in tvu um;i ul uuc-unii iiiuir to select suitable presents, we KOIt LADIES' AND CHILDREN. Hcautiful neck-tics from 12 to $2.00 Silk mufflers white or fancy 50 to 2.0(5 lace ties 60 to 73 cents eacli Unman scarfs 75, 87, 1.00 to 3.50 Lace handkerchiefs 25, 50, 75 to 1.00 l'lain linen handkerchiefs (, 12J, 18. 25 to 75 Initial handkerchiefs 25 and 40 ten a Kid gloves, all colors, Mzesand prices Kid and cloth gauntlets 40 to 1.75 Heal laeo collars 50 to 2.50 Linen collars and cuffs in sets in handsome lioxcs 50 to 75 Work boxes and writing desks large variety frpm 1.00 to 5.00 Ladies' scwinir, writing and traveling neces saries, in Kussia leather catcs Photograph albums 1.00, 1.50 to 8.00 Miiicalalhums French ink-stands and paper weights Music caes, can! cases, handkerchief and glove boxes. All prices Silver thimbles and puff boxes Card receivers Colgate's perfumes and soaps in boxes Stcreoviconcs anil vwum Kaieidoesoopcs chi-omos - 1 Initial nnd plain writing papers I win nun rniita Hosiery and Hud Nubia, Hoods and Underwear Iu addition to the above we LADIES' AND CHILDRI5NS' FDIiS; clnldroiis' Fur Turbnns and Hoods, which mnko very ih-iinl,l(.W GOLD AND PLATED JEWELRY Wutcliei. Chains, Breast-pins, Ear-drops, -Rings, Charms, Bracelets, Silver spoon1, Napkin Kings, Studs, Gold and plated Cuff Buttons. Black Jewelry of every Wo invito you to call and e will take pleasure you purchase or not, find.down to the bottom, REMEMBER THE POPULAR CASH STORE W. P. JONES & CO., Dec. 11, 1813, 1 1 I T I 4 t n a t . . uvuiurti uuui. J. H. MAIZE, tuts Just received a flno assortment of ALDEN KVAl'OIUTED rUACHES. The best fruit, of the kind la the market. PJNE A JTLE CHEESE, ALMBitiA aiurta, 01IAN01U, LEMONS, CONVECTIONS, NUTS, &C. 4c, A splendid new lot of CHINA-WAKE, TOILET SETS, CHILDltKNSTOY SETS, NEW STYLE CUSPIDOItS, CENTENNIAL IIIIKAU PLATICS, OL-tSS-WAItE, QUEENS-WAHK, tn great variety. A full stuck ot fancy lamps and Ilnu chamber seta. KsjicolaUtteutlou Is called to bis caso of cultery aadsUvtr wore, wlilclihe tsselllug Uie prices, an nis goods are me best mat cau iiubl. A lew lUuuiuzid tine brand cigars will bo closed out chean. oieaa i.u iciocipeuea ior uoyi, o&a an eaulftu Tirlety ot Ttr)Udzig la UU Use, ism have given great attention to Holiday Prksents. iu V.W.I Will 1UI III vl U1HII IK II fl Vltirtl ttiwt itn titttni r i ... 1 a- EFFORT, working night and day to make it so. anfl ever! ittuntionl ot Mmn Im ail Tdilet Sets. cash at a recent sale in N cw Yoitl 1 a 1 . , 1 , il ran viiiuu. nso, 10 ClulUlc VOUl call your attention to the following ron GENTLEMEN. Bows, tics, latest novdlies Neck lnuffecrs .ml puke warmers Fine white shirts Paper and linen collars and cuffs Suspenders 25 to 1.00 liuck-'kin, siieeixkin, cloth nnd kid glows, Linen and .silk handkerchief all prices Smoking sets from 03 to 2.75 Dressing caes front 1.75 and un 1 1 . -! . , , , 1 i in-Kin, cigar cases, uniting cups, silver to u.icco noxes Hair, Cloth, Tooth, and hat brushes rino match tioxes Fine l!ritili hoscry Fine underwear 50 different styles of pocket-books, from li to o.uu cacn Pocket handkerchiefs in fancy boxes Shaving cups and fine boaps Kaaors and strops Leather valiics and cabbas And many other USEFUL ARTICLES too numerous to ni'iitio-i. havo a beautiful assortment of discription .-.t very low prices. examine the above line goods. in showing them whether and our prices you will throughout our entire store. OF t: Bargains in Lumber! fit the storo of JOHN J. IVTHENRY, BENTON, COL. CO. VA. 100,000 fencing boards, tit $S.75 100,000 heart Sluntrlea. sliavftj extra gootl, t $7.00 100,000 Sap Shingles shaved, at 5-1.00 100,000 No. 1 Sawed at $5.00 Shinnies Also Plank, Siding, Inch Pine, and all kinds of lumber ' can bo found in my yard. Cull ut ouco for barguine. Dec. ,-sm