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THE COLUMBIAN AND DEMOCRAT, BLOOMSB ORG, COLUMBIA COUNTY, PA.
SS0:SWA7& ELWSLL.Eiliers.
BLOOMSBURG, PA.
Friday, March ii, 18 70.
THERE A MURDER.
JtJDClK ELWJ5M8 CHARGE TO Till!
JURY.
TIIK l'RKSIDESCY.
The Electoral Commission Circa Is played
and tlio actors have retired to watt the final
reuU cfMUeir action. On Friday tlio vnto
ntSmgnn was given for Hayes S to 7.
fiio House refined to so count the vole, but
under the Commission act tho If ayes electors
were counted in joint convention. On Tues
day tlio South Carolina vota was counted for
HaycsS to 7 hy tho Commission. In
the rases of Oregon and South Carolina tho
Commission unanimously rtjeetld tho votes
of the Tildcu electors hut the vote to ad
mit the llajcs elector stood Rt the old fig-
ures 8 to 7.
A matters noiv look It Is probable that
tlio whole number of States v. Ill ho counted
before ttie 1th of March, and Hayes will be
the l-'ir-l Fraudulent President of the United
State.
THE IIF.RAI.il, ASK TIMES.
During tho trial of the Ilea Homicide, tho
daily iuaevuracy of the reports published in
tho New l'urfc lltrald sn-l Philadelphia
Timn was si t'rrf(iicnt subject of remark. The
testimony was liervcttod hy tln reporter and
qven the witnesses for thfl defense wero rep-
roented as giving their testimony m a man
ner that imariably operated against tlio pris-
oner-1. The integrity of the cnmiel for the
tlul'cn-c wan attacked hy tho statement that
fflicy were attempting It save Hester at tho
.icrifice ot JieWugh and Jully. We give a
'few specimens of this reporter's inaccuracy
Tho Herald had it that A. llonncy Wolvcr
ton opened the case for tho prisoners. Wi
know of no such a man. S. 1 Wolverton, a
gentleman well known in this section of the
Htatc for his legal ability, mado the opening
sjeeeh. In a letter to the Timtt, dated leb,
21, th reporter gives u description of the
'ad, which clearly proves that lie has ncer
been inside its walls, and a description of the
prisoners hy which the sharpest detective
wnuld be unable to identify any of them. He
nh-o states that Michael (iraham at tho 21st
was locked in the name cell with Hester, Tul
ly and McIIiigh ; that lie.waa under an indict
uient for being an neceory after tho fact in
tho murder of Jlea, and spent most of hi
time in reading tho Bible. This is correct
except that Michael Graham was not in jai
on the l?t, bavin? Wen discharged eleven
days before that by tho Court on motion or
hi" couuel, for tho reason that no indictment
had been found against him, and tho Com
monwealtli hail nj intention nt sending one
up. Wo are not familiar with Graham's re
hgious habits ; and therefore cannot say
whether ho reads his Wide or not. If we
had taken time each day to collect tho errors
and misstatements of these reports we might
till a column. Suffice it to fay that if the
young man who furnished them to the large
daily papers had spent more time in the Court
room, and less time on the directs, trying to
make the acquaintance of ptetty girls in this
tlttpy town as he calls it, his labors woul
have been more faithfully and accurately per
formed. Whenever the Jlerald and Timtt
hare occasion to send a reporter here again
let them bend some one who will attend
to his buiness,Rnd tell the t:uth.
'. The following Is a verbatim roport of tho
charge ol Judge Elwcll, In the recent .mur
der trial.
Gentlemen of the Jury : Over two weeks
ago you were selected according to the solemn
forms o( the law to sit as the tribunal to
pass upon tho fads In this linpoitaiit case.
Durlnx the whole of this protracted Investi
gation you have submitted with commenda
ble patience to the confinement Incident to
trial of this nature, and I have observed
tat from the first opening of the case to this
me you havo given to it your individual
attention and have listened to the evidence
and the argument of counsel with evident
anxiety to niLi-rtuin the truth In regard to
tho homicide ohmged against the prisoners
at the bar. t-u.-ii interest In the discharge
of duty desctv s all praise, and Is especially
your due for fie uncomplaining manner iu
which you be.ve borne the hardship of being
cpar&ted fr j. j our f.iuiilles and from the
pursuit of jour own private Interests and
husiiiess.
You have been warned by counsel against
prejudice mud prejudgment. Your answers
to Inquiries wheu called to those seats forbid
the Idtu that any caution from the court is
necessary m tin.: subject. I cannot bring
my nil ml to fear that tho verdict of twelve
upright and Intelligent jurors, selected by
oi from the mass of their lellow citizens,
will bo founded upon anything besides the
aw npplbable to the caso nr.d tho wctsM
established by the evidence.
t-omctb ini has been said In regard to pub
ic, excitement :us having an influence upon
trials of this character. Trials for muider,
on account of the momentous lsue depend
ing, nlvviiys excito tbe public mind aud call
tozttber crowds of people. But we have no
reason to bdieve that there is oil this oc
casion auy other desire among tho people
than to witness the proceeding, nor any
other wish than that justtaj be tatthfuliy a4
ministered according to law. Public opinion
is not formed under the sanctiou of an oath
nur upon sworn testimony. Its voice, what
ever it nisy be. is not heard in1 a court ol
justice where those who are charged wilh ad
ministering tho l.iw are bound by the high
est obligations which civil society can mi'
pose upoa man, tho court to expound the
law and the jury to raider their verdict ac
cording to the law and the evidence.
The magnitude of the charge, involving
as it does issue of life or death, prison or
liberty to the defendants, should have no
other influence upon your minds than to
make you cautious, deliberate and just in
neighing the evidence, and clear and satisfi
ed in the judgment you form ujion it. You
v, ill constantly beai in mind your duty to
society, and will not fail to remember also
the justice and impartial consideration which
the defendants have a right, to expect at
your hands. Tho majesty of the law which
protects aud defends the sanctity of human
life must bo maintained regardless of conse
quences. Ine balance must te new wan a
linn and steady baud, while tho mind, in
tent only on truth and justice, should be ob
livious alike to sympathy and vengeance.
This case has been prepared by the coun
sel on both sides with great industry and
has been presented and argued with marked
ability aud learning. Where their labor
ends your task begins. The duty of the
court will end when we shall have instructed
yuu as to the law of the cose, and rendered
.Municipal elections in the large cities arc
not of particular interest to the people of the
State unless theyaro characterized by pome
poculiar features great frauds or something
out of the usual course of events. It has
been so long, however, since there has been
anything liko an honest and fair election in
Philadelphia, that we hardly expect to awak
en an emotion in the breasts of our leaders,
by stating that the recent election in that city
was conducted on the old seato of fraud, in
timidatiou, false personation and repeating.
The police devoted themselves to the shield
mg of repeaters, tho arresting of deputy slier'
iffs and the controlling of tho polls, with per
haps more than ordinary energy, and Stokley
obtained a nominal majority of over 2700
votes. He was in reality if none hut honest
votes were counted defeated by at least 0000
majority. There is some talk of contesting
the election. Stokley was indorsed by some
of the leading men of the city, Messrs. llorie.
Drexcl aud others, gentlemen who must hav
read tho reports in the papers of the day fol
lowing the election, concerning the outrages
committed by the police with intense satisfac
tion. It is of course Philadelphia's own bu
siness and it her leading men choose to en
dorse a mayor under whose rule the debt of
tho city has increased $5,000,000 per annum
they have a peifect right to do so and also to
pay the annual incrcaso of taxation amount
ing to $3,000,000. The Philadelphia Timet
was the only newspaper that opposed Stokley
(by tho way its tho only ueictjitjier in I'hila
delphia,) aud sought with glorious vim to d
feat him. 15111. McMullin, with his Democrat
ic allies, aud tho kid-gloved aristocracy proved
too much, however, for the overburdened tax
payers and Stokley will probably be his own
successor unless a .successful contest shall
otherwise decide. Wheu l'h'iladelphiaiis
shall arrive at lie conclusion that wealthy uier-
Henry James testified that ho saw htm
about nine o'clock on the morning of the
17th riding In a buggy, alone, In Centra'li,
driving toward tho Coal Ridge colliery, his
place of business.
Edward BeaWffer testified that he saw him
driving away from Ccntralla at twenly
minutes past nlne,and Samuel Richards saw
him at fifteen minutes past nluo on tlio streets
of Centralis In his buggy.
On Sunday morning early his body was
found by Daniel Ituchauan, as he tettified,
on the right hand side of tho road lejdiug
from Centralla to Mount Cnrnitl, not lar
from a place known us the "Water I) irrel,"
In a clear snot with brush all arutiud It and
a path leading to It. The body was found
lying upon its buck, face up.
Dr. E. L lSetterW , whu made a post mor
tem examination, testified to six pistol -shot
wounds about the body and In ml, live of
which, In his opinion were mort.ii. One
wound in tho face, three m lu.- hod), appar
ently fired from the frout, i'e in tlitt neck,
aud one at tho baso of the skull behind tbo
T.
Justice Kealy, who acted ss cureu r, also
testified to the six wounds on tho body. No
watch or money, except a few eopcer coins,
were found on the body.
Without recurring to any other evidence
you will no doubt be satisfied that Alexander
W. Rea was murdered. Although conceded,
it Is nevertheless for you to find from the
evidence. In regard to t! i time when he
was killed tho coiniinmwcniui has i ilroduccd
tcstIuiony,as before raentlcned,i.s to the time
when deceased was seen at Centmtii, ulso as
to the distance from Centr ilia to the "Water
Rirrel" about a mile am. a half- and also
that several meu vicre s-.f.. near t .o "Water
Barrel" ft short time bef .'o deceased proba
bly reached that point, sumo tiu-.o between
nine and ten o'clock in tbj morcinj.
On the subject of seeing meu by the side
of the road, Wm. II. Suunian testified that
he was driving slowly on that road that morn
ing and was passed by JUilayetio Fetterniuu
who was in n buggy ; that bj saw a man
come out of the woods, look up the road,and
go back. Lata cue Fetterman ustiried that
be passed over the road, rwtuing the "Wa
ter Barrel" about nine o'dock ; that wheu
he was about u quarter of a uulu troui that
point he taw four or five meu uu the right
bund side of the road, whu disappeared iu
the brush as he diuve up.
Tho theory of the u'iiuinuJiweullii is that
these men were lying iu wait lor the de
ceased, expecting him to pasts over the road
on his way to the Ooal Kidge colliery with u
largo amount of money, and that ibey
stopped hiinon tbo road aud robbed and killed
him. You will probably have no difliculty
iu coming to tho conclusion under the evi
dence that such were the facts independent
of tho testimony of DauteliCeUy,whi admits
that he was an accompli, a ol the miuderers.
Whether the prisoners or either of them
were present at the homicide, or advised,
counseled or abetted those who acted as
principals, is the great question in the case
for your determination. The law presumes
a man to be innocent nntil the contrary is
proved, or appears from stronger presump
tion. This presumption isgrouudeJ on rea
son, justice and humanity, and must pre
vail until it is destroyed by an overpowering
evidence of guilt. At every stage of your
inquiries you must give to these defendants
the benefit of the presumption until guilt
is clearly established, and also the benefit of
any reasonable doubt.
Evidence la that which convinces the mind
of the truth of a proposition. It may con
sist of a direct and positive testimony of a
fact or of a body of facts so couuected aud
tn vm, surh sfirvicc as mav be in' our Dower linked together as to produce as firm a be-
tn nla.ee at vour disnosal. to assist vou iu the lief of tho main fact sought to bo established
responsible office ot applying the law o the the most precise detail embodied in direct
(acts. If we discharge these duties iu the testimony. In this case the commonwealth
fear of God and according to the best of our has given direct and positive testimony by
imli'ment and aHii'.itv. neither the Drisonere the oath of an accomplice, that Peter Mc
J . . TI..-I I D.I.I.V'r.,11., .... .1 ..rl
at i in bar. nor the community in wnicn we ""K" ul1' ""J " i,'"
live, will have iust cause of complaint. assisted in the murder of Mr. Rea, and that
The prisoners. Patrick Hester, Peter Mc- Patrick Hester devised the plot and furnish
Hugh aud Patrick Tully, are charged in
this indictment with the murder of Alexan
der W. Rea on the 17th day of October,
18GS. The indictment Is In the form now
authorized by the criminal code of procedure
ed in part tho means for its execution. It is
ulso claimed that the testimony of tho ac
complice is corroborated by facta and cir
cumstances which entitle his testimony to
belief. On tbe ground of public policy and
Istcnce. The moat trifling circumstances
may havo this effect. Tho fall of an apple
was the circumstance which has proved to
the satisfaction nf philosophers the great
laws of gravitation which control tho mo
tions of the universe
Tho forco to bo givon to this kind of testi
mony Is clearly set forth by Chief .hi'tico
Gibson, by way of illustration, in tho case of
tho commonwealth vs. Harmau, 4 ltarr, 272.
Ho says: "A fact positively sworn to hy a
single cyo witness of blemished character ii
not so satisfactorily proved as is n fact which
is the nt ot-ssary con-cqueiiM of a cl ain of
other fscts sworn to by many witnesses of un
doubted character. You sco a man dischsrge
a gun at another; you scothofla-h ; you hoar
tho report ; you sco the pers"ti fall a lifeless
corpse, and you infer from alj the-e ciicuiu
stances that there nas a ball discharged from
the gun, whieh entered his body and caused
Ills death, bccaii-'e such is the usual mid lat
um! cati'o of such cITect. Hut you did notsoo
the ball leave the gun, p iss through tho air,
and enter tho body of the slain, and your tes
timony tn the fact of the killing is thorefore
oaly inferential, iu other words, circumstan
tial." In considering direct testimony wo may he
misled by tho perjury of a witness, and in
circumstantial we may bo deceived from tho
inferences wo draw from the fact. Hut tho
fact that by possibility this may happen should
not deter us from acting tipou both species of
evidence accoiding to our best judgmcut.
In our efforts to reach the truth wo should be
governed by tho following rules'.
First. We must guard against the false
statemcuts of witnesses. This applies whether
tho evidence is positivo or circumstantial.
Second. Whero the proof of tho fact de
pends upon circumstances we shall draw from
them no inference savu those which are en
tirely fair nnd natural and which arc reason
ably and morally certain.
Third. Wc inunseo to it that each fact on
which we rely is independently proved and
that each is consistent with the other nnd will
the main fact.
Fourth. Each circumstance relied oh must
bo consistent with guilt aud guilt only; aud
lastly, we must guard ouielve carefully
against any preconceived Ideas which might
lead us to reason inaccurately from the facts
proven.
Those rulo sltnuld be your guide iu this
case. They h ive been gathered from stand
ard authoritio-, have been often applied by
learned judges, and commend themselves to
our observance.
Daniel Kelly, an admitted accomplice in
the murder of Alcnandcr W. Ilea, has testi
fied to facts which, if believed to be true, es
tablish the guilt f all the prisoners. He
says that the robbery and murder of Mr. Ilea
was planned on the night of the lCth of Oc
tober, 1868, at tho saloon of Tliomas Dono-
huo iu Ashland, at the suggestion of Patrick
Hester; that thero were present at the con
spiracy ten persons, viz: Patrick Hester, Pe
ter McIIugh, Patriot Tully, Ned. Skiving,
ton, Brian Campbell, James Bradley, Wil
liam Muldowuey. Roger Laflerty, Jack Dal
ton and himself; that its- object was moaey
Hester informing th - others that Rea would
go to Bell's tunnel the next day, and that
there was money in it for them eighteen or
nineteen thousand dollars that the whole
band had pistols, and that Lafierty providrd
powder and balls and loadodtho pistols ; that
it was agreed to rob, but to kill Mr. Uea;
that they all staid iu Donohue's saloon drink-
iag all night until near daylight when all, ex
cept Lafierty, started out to meet Mr. Rea on
the Mount Carmel road between Central ia
and Mount Carmel ; that Muldowuey left
them saying he was lame ; that above tho toll
gate Hester and Skivington left, Skivington
saying that he would go to work in order to
ward off suspicion, and Hester that he would
goto Shamokin to buy hair to put in lime lor
plastering ; that he there handed his pistol to
Kelly saying, "Yonr pistol is no good, take
mine for I know it is sure," that the money
was U be divided between eight of them ;
that tho two others for soio reason were to
have no part ; that they were all members of
the Ancient Order of Hibernians, Hester be
ing the body-master, whose orders, according
cover of tho oreaniiatton have lieeen at war I nersoni named hv IvpIIv as liplntr In thn
upon Ih-pcai-n nnd good order of tbo com- conspiracy nnu murder lieu me same time
nionwealth and almost subversive of its pow- -J'0", ,wl" cor"lllef wuf.llicr ""'"'I'l
, . . . u iwn b(J I,.,,,, IW corroboration of Kellv. S-l also
or to protect the persons and property ol its uy , t. fHct r found tn he nit that Tullv
i i .. .... I . ...... .. .... -
i-iuzcns. no says, nowevcr, niai at tno regit- went in wiiKes-iiarro ciiangiug tits nain-v
lar tnretlnffs of tlm nvlntv. primn nm ,,, If. however, he chniiKod Ills name on ne
concocted nor n.mrovcd. for tho reason thni c".llllt.nl so'no ot her oller.se it on,?!, not to
theiuaro members in whoso presence such
proceedings are never had nor would bo tolo
rated. IIo admits himself to havo been ono
of thoso of tho order who followed those bad
practices. Ho comes hero with the moral
taint of guilt resting upon him. Neverthe
less, if tho jury are satisfied that from any
cause or motive ho came upon the Witness
stand with the lull determination to make a
clean biea-t of it and to tell tho whole truth,
hit where it may, ana the jury can bo satis
fied that he has dono so,, not onlv by tho tes
timony which ho has given hut also bycr-
roborating ciremii'tances material to tbo cau
and cotiii-i'ting the prisoners with the crime
lor which they nr." on trial, thnv mar give tn
hts evidoiro such belief as lhr think it en
titled to.
In examining his testimony, yuu will take
into consideration his character fortrutli, and
also all material contradk-tionsol'his tedium-
ny nnd also tho points wherein he is corrobo
rated by reliable evidence. To becorroborat
cd to such extent as gives him credit with
you, it is not necessary that he ihould be cor
roborated as to every fact ho testified to, in
order to act upon his evid- nco as an accom
plice, for If an accomplice must be corrobora
ted as to cvciy fact to which he testifies, the
iillecthlni hen You will alsibearlu mind
the provn and known fact that In tho mill
ing region, miners aud other are often going
from ono tiolnt to another in connection
with their business. Upon this question of
corroboration, as well as upon the direct
charge the testimony of I.ouls S. Parr, If
believed, has an iiniortiiiit bearing iu the
case of Ulster, He testifies: that lie over
hoard a cbuversatioii between I) inohue and
Hester, while Iu a cell ingi-tlu r, in which
D-inohiie saiil, "That was it had business,
killing or !U-i;" that, Hester replied It
was so, and " If I had to do It over ii iiu, I
would not do it, hut never mind, plenty ot
witnesses can be got to sweur we were hot
there" For Hie purpose of iiir.-otiu f the
ere.lit of l lis vitii.' it is shown hy the tes
t'unoiiv of Slienlf Millar 1 that the "orders to
the police were, not t p -r nit D iiinniM an 1
llesti r to he to.et'o-r, ami ny M 0 W lod
ward iiiui utter II -oer was put in j ill in
January, IWJli, h- had i-iiurg" of tne jail,
Inn tn.i' l'.irr had lav keys souit-tlniis when
ho ( Woo-l-vsnl) was iib.en',, mil Dmohui;
testified that he was not in Hester's cull, an I
that no sinili conversation was h.vl. I'mi
testimony of Mr. Iketer, tho then dMrict
attorney. Is evidence oiity for the purpose nf
showing that Parr's statement Is uotn fabri
cation of recent date, and not that the state
ment of Parr is true. That is a question for
the jury to determine.
he diiiense nt alibi is set up Tor I at rick
Hester. It is claimed th it the testimony of
the witnesses as to his whereabouts on the
evening and night of Octooer 16, establish
ruie which annuls an accomplice as a witness that he was not at the saloon ot D.inoliue In
might as well bo abolished. lie oucht how- Ashland, when and where the conspiracy to
ever, to be so far corroborated as to cany be- r"1,.n,r"! n'der -Mr. Rea was ooueoctod, as
l!..Psi1,,in,l. p.l,! i..u.. .u.. tj testified by Kelly. The defense of alibi is
.... ...vju.,, rn.vi.iti ULI.UVI . hoc nse V fixam hn ithsiism r. i.el ....
as to tbe whole of the facts, or only to a nor- It should cover the whole of the time of the
Hon of the material facts which connect the I transaction, so as to ren ler it imposlblethat
defendants iu some maimer with tho offonso. 1110 P"-,0"ef count nave neen at tuo scene,
of Justice Isolated cases of mistaken ver
dicts should havo no other cfiect than to
tn ike us cauttous and deliberate In our con
clusions. I have not attempted to review tho great
volitm-i of faets In this cao, but havo con
tented myself with reference to tho promi
nent points and the general principles of
law an I ruls ofovl lenco appllciulo to tho
c.is-i. Inwlutlhira slid It has b.v n my
endeavor In avoid indicating an opinion in
regard to the facts, Intending tn leave tlicm
entirely for the consldjr.lllon of tho jury. I
beileve I have alre.ilr Instructul yon fully
upon all tho points of I iw, but In a else so
nut nf tho evidence whlo'i prevents the mind
from coming to n satlsfwtory c uidusi- n, It
must tint he a fancied one-sncll nillllleiilly ns
fairlv strikes a conscientious mind ami eli inls
the judgment. If tbeinlnd Is so well satisfied
i ol a lact on the evidence that n rea-nimblo
I man would l)0 willlm: to act upon it, In nl
fairs of the utmost importance) lo himself,
there wnuld he no room l -r doubt,
j mil now, gentlemen, this important caso
i Is about to lie eoiumlttrd to vour final decis-
Inc. Up in this time every 'person who has
I witnessed tbe proceeding- here must be sat
I'fieii of the lalrness, regularity and Impar
tiality ot tuts trial, ami I feci sure thai m lli
Important in this. fsir.n t'ut so nethlng i ng wlileli Is lelt to In. .lone hv vou will im
might bo omitted which niuht to bo brought imjr in general tli.i ueter. IJfm.i both sides
l. yuu r ii'nitu, i jrui;t;e'irti in uiiwirr me
points presented by the counsel for the pris
oners, reeling to you and answering each
p dot sepir.itely :
first. Patrick Hester, ono of tho defcu
dints in this one, undir ho testimony of
the witness's Is iijim Ills trial chirked as an
access ry bef ire the fie', ii'id he is not
e'uril ir pi-nMlto Inoienf thou who
inllietell.it fa' il injuries iro n wlile'i R-ii
died.
It is mrrejUy -nt'l ri 1'iis iniit lint
tho u-ii'ti i y of llu witnesses c!i iro I'.it
nek H-ster as no necessary, but lie Is eh.iru
ed in Hid in.lietiiid it as pi'ineip.il ill accor
daooi' wil l the provisions of the s .itu.e,
See in I. It' tliejil-v hellevi) that Dii'iel
ICilv and Ins i! i n,il li i-i, if lie oad any.
shot and killed Alexmder W. It -.i, that
ibi-'s not prove anv erniiin il act on the part
of Patrick ll-ster, o h ot th-i il.ifeii I mis
here; and unless the c nu'iiinwealth has
established by g i id an 1 siiiiiiient evidence
It 1h contended by the commonwealth that
the prisoners fled when arrests were begun
for this murder. In almost every criminal
case the conduct of the party lu reference
to me uuense Charged is pertinent and ma
terial to be inquired into. The legal presump
tion from flight is agalust the prisoner, and
!. It-. - Ul... 1. . l. '
it iics u)uu uuii lu reuub u. rugnt may no
very strong evidence of guilt, or it may
weigh nothing, according to the circumstance
under which it takes place. It Is always im
portani to be considered, aud combined with
otner circumstances may be stro-g evidence
and when it Is employed to destroy the force
of a fact alleged or proved hy the prosecu
tion, it should cover the point of time with
clearness when the alleged fact occurred.
Lvideiico in support of au alibi ouht tn
be examined with a rigid scrutiny, invol-
vim;, as it does, an innutrv into time in re
gard to which tnistaki-3 may bo honestly
made and perjury mav be committed al
most with imimiiitv. But when it is estab
lished by unsuspected testimony it is tho
best negative defense that can be offered. It
is then really positive evidence, which iu
of guilt. The eircumstauces attending the ll,e nature of things implies a negative, nnd
Bight, such as assuniiug another name, are !" "mDy CtV,e! la l,1B "'"3 evidence wnicn an
important as imnartinc cburacter to the net innocent man can offer. But if thisdelense
as intentional, ss distinguished friii a mere- 11 fttlse wl,cn a defendant fails to establish
IV lortilltous occurrence. It. alter an nflense " reimuiu icsumuuy, uis uuemm, ai
is committed, lite n.irtv tlecs hef.rre tin U an though not conclusive, is strong evidence
cused the circumstance is stroueer airainst anaiiist him. 1 he difliculty in fixing time
him than flight alter accusation. One who DJ' 11,0 memory ot witnesses whose attention
knows he is accused of a high crime, how- not called to the subject until some time
ever conscious nf iiinncencp mtirlil mil h.vn afterward is known to everr one. Actua
the cnnrai'R to sinnd a trial I. ..i miKt facts which have occurred mav be mistook
think it necessary to consult his safety in "r UB 'u'euuouany o iranaposeu as to nave
iiigni. iiemer ine iear mat prompts w . "i-i'-'"- j ,n.. ,UD uati-
flight proceeds from the consciousness of
guilt or Iroin the apprehensions nf unde
served disgrace nnd punishment nrd the de
ficiency of moral courage,ls a question which
can be judged only by reference to concomi
tant circuiii.tances.
Did these defendants, or either of them
See on account of this murder? The arrest
of D moliue and Duffy was made on the 17th
of November, 1868, charging them with the
crime. On that day, after Mr. Morrison
beard of tho arrest of Donohue (that arrest
having been made about six o'clock on the
eveningof November 17, 18C8), ho testified
that nesaw emitn. Aleck i.at)ertv.McHU!'h.
Tully and Kcllr going towa-d Hester's, be
tween seven nnu eignt o clock in tho morn
ing, not in their working clothes, lie did
not see Hester aficr that until ho had been
here in jail (May, 1869), nor McIIugh for
tnreeor lour monins, nor mtiy until he saw
him here in court, and before that he saw
McIIugh and Tully almost every day. It
Qoes not appear mat tne witne's saw them
at Hesters, the daughters of Hester testi
fv that they were not there, and Garner
i'epper, who was at their tiouse, does not rec
ollect of seeinc them. Jesse Hensel insti
fiea that Hester and three others, with two
buggies and two horses, or a horso and a
mule, came lo his house on the 18th of No
vember, 1868, between the hours of eleven
und twelvo at night : that Hester said ha
bad fallen out of hi buggy; his face was
swelled j that he wanted to see about some
limu for plat -ring; Runkel's limekiln was
about a quarter o' a mile nil ; hut when they
petting of some other event. It is your pro
vince ns wen as duty to examine tlio evi
dence on this su'jcct with care '
Kelly says that lienor missed the train
to Mahanoy Plane and came on in the after
noon of the lGtli of October to Ashland, fo
dlsprrvc this fact the testimony of John
uononuo is introuueea to prove that Hester
was at the Piano th it afteruom. It, isalsi
shown that on that afternoon, after banking
hours, tiester uepnMted a dratt in tho haute
at Ashland. It is claimed that after he came
tn Ashland he oould not have been at Don-
hues saloon on the evcuiiur of tho lGth of
uctouer as testiueil by Kellv. Un that su's-
iect you have the testimony of Patrick Ka-
ney, Liiiko uichardsoii, John llritt, Dennis
McLaunhliu, Peter Lubr. and Thomas Cas
ey, which it is claimed establishes that he
was not at the saloon, but at olher places du
ring tbe evening and night. Tho testimo
ny is not to prove an alibi as to the time of
the murder, but it is in fact un alibi as to
the alleced! conspiracy. Does it prove to
you by reliablo testimony that Hester could
not have been at lionoliuc s on the night ot
.i. n. .. ........ i i... T.-n.. .i..
tiester did not stay with the party aljthesa-
loon that night ll;loro so coucludiii vou
snouiu uesure mat tne tact was so.
If it proves to your satisfaction that Kel
Iv's testimony is false as to the conspiracy at
isonouuc s saioon, u tne nuoi is made out,
then the testimony nt Kellv as to that con
spiraey is effectually destroyed. You will
careluliy examine tbe evidence on thi
point, ilieso principles or rules on the sub
to the prartioes among them, they wei e bound
in this State. Under that code the manner of necessity, from its being scarcely possible to obey. He saya that the party of six arrived
of the death need not be set forth in tbe to detect conspiracies and other great crimes at tho place known as the "Water Barrel" in
Indictment, nor is it necessary that it be without their information, the evidence of the early morning and were concealed by the
stated whether the nccused was a principal acoompllces has always been admitted side of the road ; that Palton beig the only
in the felony or an' accessory after tbe fact. They are competent witnesses, but th
Murder is where a person of sound memo- practice lhas been long settled that
ry and discretion unlawfully kills any rea- no conviction should bo had upou the un
sonable creature in being and in tbe peace supported testimony of an accomplice. In
of tbe commonwealth, with motive afore- fact bis testimony ought always to be received
one of the party who knew Mr. Rea, went
upon the road and was to give a bignal by
raising his hat after Mr. Rea had passed him;
that they heard a wagon coming and went out
by the side of the road, but as Dulton did not
thought, express or implied. Whenever with great jealousy and caution, lor upon Iih hat went back into the bfusb ; that
there is a former design to take life, the mo- hii own coulession ho stands contaminated wheo Mr. Rea did come along they went out
tive is express. It is implied from any cruel with guilt. He admits participation in the upon him, robbed him of his money, a gold
or barbarous act evincing a heart regardless crime which by his evidenco he would fix watch, and n pooket-book ; that thon he and
of social duty and fatally bent on mischief, upon tbe prisoners. Mil character is taluted Tully fired at him about the sauw tune ; that
I do not understand that tbero Is any nues- and he may have strong and unadmitted mo- deceased ran and they all kept firing at htm,
tion as to the grade of the homicide iu this I lives to deceive. The testimony o! nn ac- MoIIugh fo'kiwWig nearer than tho rest, and
case, which requires that I should trouble I eamplice before it is accepted as true should near to the side of Mr-Ilea, firing upou him;
you with definitions upon the subject. Ncv- be corroborated by unimpeachable testimony that deceased fell uion bis faeo.rmd fully put
ertheless, as nothing should be taken for in some material part which ailects each in- bis pistol bohind his r and lirod ; that the
g -anted in a case of this magnitude, I will dividual prisoner ou trial, and connects him party wont upon tho mountain and divided the
read to you the statute upon this Bubject. with the crime. sixty or seventy dollars Jound m the pocket
It is as follows : "All murder which shall This confirmation may be either by direct book ; that he kept the wato'a and gave it to
be perpetrated by means of poison or by ly- testimony or by such a chain of circumstances Michael Grahanum the i:ening of the same
ing In wait, or by any other kind of wilful, as clearly tend to support the testimony of day to keep for him, telling him it was Ilea's
deliberate, or premeditated killing, or which the accomplice. Confirmation merely as to watch; that he afterward pledurod it to Oon.
shall bo cfimtiiitted in tbo perpetration or the circumstances of tbe felony U not con- O'Garragh for tend dlars; that MeGuire gave
attempt to perpetrate auy arson, rape, rob- firmation at all. Ills narrative of what him .320 for tho watch, and ho paid tho
bery or burglary shall be deemed murder of transpired at the time of tbe commission of ten dollars to O'Garragh.wlxi ii.lbecn told by
the first degree, and all other kinds of mu'- the oUense, aud of the part which he took In him before that it was the watoh of Mr. Rea
tier shall he deemed murder ot the second it and how it wus accomplished, may be true I He further says that ha saw I'JiMcr on the
degree, and tho jury before whom any per- I without involving tho prisoners in any share night of tho murder at Michael (Jrahnm's at
ton Indicted for murder shall he tried shsll, of tbe ofienae, but it is not necessary Uiat an a raUle; that Hester said tho iimey was not
if they find such person guilty thereof, as-1 accomplice should be corroborated as to all I worth dividing. Ho further testified that the
certain in their verdict whether It be murder material facts. If he Is corroborated In any I day after as ho thinks, Thomas Douohuewos
chants and bankers are not of nece-sitv tlio ff the first or second degree." You will ob- ot the material Ucts as to the participation arrested lor the murder; that hc.Jaok Smith,
... . . . ... I ...... ... . . . I ..f .1. - . . . ! ..... ...! It I T . n Ml II . 1 A, l l I . .
best political guides, they will have taken an "erve that this statute recognizes two ae- ' mn imwiti., m i timicu, nnu n uaeny luuy, una .ucnugu, wenr to seo
iinuortaut sten in the nath of reform n.,,1 grees of murder. It declares all death by be Is thus continued, and il the jury believe Hester, and that Smith inforiol Hetcr ol
tbero mar bo those, not vet whtte-h.iired I poison, or lying in wait, or in committing I bis testimony they may act npoo It. Whether 1 Donohiio's arrest, when Hester replied, "it is
:.. . - ' l .. . u.l. r. I l... .1. ....l.l l . .. I t i . ... , .1 . .
wlm will live to see an honest clcctinti in il... 1 or aiieinplltie to commit any oi tne specinc i" ""'u"" " " nues-1 near nmo mat 1 mould Clear ut, an-i mat
Iu tbe letter from LoSalle, dated November
:1. 1868. addressed to Hugh McKeon. on the
envelope, without a signature, hut testified
to by Mr. Bridge and Mr. Scbillhorn to be
iu the handwriting ot tiester, and address
ed on the inside to bis family, that letter
states that he left Bunbury on Thursdav
morning, which appears by the almanac
tn havo been tne iwa day ot .November,
Mr. Morrison testifies to Heeing Aleck Lafi
erty with McIIugh, Tully nnd Kelly on the
lay alter uononue s arrest, it that be so.
OUy of Brotherly Love.
J, Madison Wells recently testified that Mr.
Duncan V. Kcnner, a prominent citizen of
Now Orleans, offered him 4200,000 to count
thu vote of Louisiaua for Tildeu. It turns
out that Wells offered to count the vote for
Tilden for that sum. Nice commentary on a
republican form of government, the vote of a
State hawked about the streets for sale to the
highest bidder. The High Commission say
mat u n ail rignt-cau igo oack oi tne returns,
you kuow.
No less than four Rear Admirals have died
since tho 01 h Inst. Charles Wilkes on the
tlth, Theodora Ilaih-y on the 10th, Charles II
Davis on the IStb, and I)uiM. fJoldsbor
ough on tho 20th. Wilkes and Uailey enter
ed tho navy nearly sixty years ago, iu 1818.
Davis about -It years ago aud Uoldsborough
65 years ago, in 1812. All four died in Wah
iujtou.
crimes shall be deemed murder of the fiist 0" which the jury aro to determine. Cor
degree ; in all other cases, where there U ah-1 roboratlon as-to one ot the prisoners is not
sent the specific Intent to take life, tho mur- corroboration as to the others. Some con
der is of tho second degree. Where the I firmatory evidence must be given that an
killing Is by lying in wait, or in tbe act of acoomp.lco speaks the truth as to all, other-
robbing, or attempting to rob the deceased, wise the corroboiatlon cannot be considered
the law fixes the grade of crime as murder as! extending to all, but ouly to the one or
in the first degree, whether there was or was more to whom it applies.
not a specific intent un the part of the per-1 Absolute truth is known to the searcher
potrator to take lite. Itobbery is the felon-1 ot all hearts, and human imperfection is
lous or lorciiue taxing irotn the person of "tcu as to render it necessary lor courts and be fresh in your reoolloetion. If this witness
anotner goous or money to any valuo by Uunes to ueponu upou inner evidence man wa, tetliyinc in a ca-e in which he was not
violence or putting iu iear. All person who Huch as direct. "i;nmes," say Judge Laid- Unadmitted ituiuplioo, the jury would un
am uuu nsusi, iu pPcwiuiuu oi a jeiony l mw, -are oueu comuiuieu in ht-crei, auu out doubtbdly require corroboration of his testi
are principals in tne oiieuse. uae who, I lor tho net that circumsiautial evidence may I mow before thev would accent and act utjon
though absent at the lime, does yet procure I Ve- produced would go altogether nnpunish-1 1. g truth. With (muni or ienier nmsnn
counsel, command, or abet another to com-1 ed." Nor Is there, when Jcbwely examined. Lhould it be rsouired ho hcinr an admitted
accessory before the 1 nch a wide difference, o far ns reliability is accomplice in tho orime on trial. For rears
he left that niglrt, and that on tho next night
or two the witnifs, Tully utnl McIIugh left
for fear of being arrested,
It is quite unnecessary for me to repeat to you
I in detail thu testimony of tho witness upon
I points in which it is claimed that in other mat
ters than those already stated, ho' is contra-
I dieted by other testimony. They have been
fully brought to your notice and commented
upon by counsel aud from- their oaturo must
Jonn Sherman was right after all. Hesaid
that the decisions of the Louteisna Return
ing Hoard wero entitled to as much respect as
those of the Supreme Court. They are Just
m much.
ink the otl'uise Is au
(act, and is in the law equally guilty with I concerned.bctwecii direct aud circumstantial
tbe principal felun. He may, therefore, be I evidence as Is sometimes tuppost-d. In di-
charged generally in the indictment with I reel testimony we have a prrcise detail of
the commlsilou of the offense, aud tiled iu I faoui.but thero ate relations and coincidences
the county where the principal committed I of a moral nature from which legitimate iu-
tbo felony. Thus much for the law of tbe I fereucta. may be dravtn. Mankind are moved
case. Tbe facta must be gathered from tbe i by certain passions aud feeliugs. Under
..Man.. I irlvAH el pemiiulflnr. .rlui, uilll IK ! I . 1 . .
I k IU i KIYCU I t.n llui-im- ton most ul Ih..s, vejlraivmni.,.,
u.i me morniug oi me win oi uctober, , muicateuor ascertained by ex- witb a Klcrot havim, ,, aDj
608, according to the testimony of Mrs. Plenoe and common sense If a man acts Worls by which member may be known to
Rea. tier liUAiikiml. Him iImdua.! hi.stel . I in a particular manni-r. he. In ir,n.rnl n I . . ......
, .. , - - - - i eacb otner, ana Dy moans oi wmcii bad men
go toivard Mount Carmel on the road from from a certain motive which can be aicer- nKes together, not only for tbe
cousmeratiou oi me circumstances which of Mcb 0,uer,Y0I1, detection and puw.hineuU
oufiuuim uuu give cuaracier to tne UCl. llr-
Hou. James P. Sterrett of Pittsburg, has iml..t nfil. fi,,1 I!l,l i.nn....n., i
been nominated and confirmed as Judge of comply, she did not see him again until
he Supremo Court of tbe State vice Hon. I th. mnri., r it,, ta.i, n- 7
II. H.WU!Um., deceased. 7T - "
he has mado the commission of crime almost
the business of his life. Upon his own mo
tion, or as tho willing iustrumeut of others,
ho has committed grievous assaults and bat
tcries has been guilty of riot, of larcenies,
and finally of tho murder of Alexauder W
Rea. According to his nwui-onfesaion.ho has
started from the hous", witness says they did ject of alibi are applicable in several install
ut gu in mo uircciiuii ui me nme ourners, ces in tins case, it is auegea tnar uester
but went in a direction toward Sunburv. I could not have been at Ashland in the alter-
Witness states that he maden memorandum noon of tlio 16th of October, because he wu
iu bis book of the time and is positive it was at Mahannv Plane: thHt he could not have
the 18th daytfif November. Had heard of ben nt Donohue's saloon, because on the
the arrest ot Donohue a day or two. and evening and night ol the loth he was at oth-
may be a week before; couldn't tell the er places; that he could not have been seen
me. William Leisure testihed that he by Kelly, .Ucliugh, Tully, Smith and Laf-
ved about lour miles trom Mhamokin on lerty on mo mnrnini; ot the lath of Novem.
the road to Sunburv : that Hester and three ber. the day after the arrest of Donohtie.be
others came to his house with two buggies, cause he had started for the west on tbe
-l--li .L I " . 'I ! I -... I - J . WI .
npoui one o ciook in tne morning aoout me nigui ci tne join, ana as to iiiciiugn and
middle or after part of November. Thev Tully an alibi is set un that thev were at
were going toward Sunbury. Hester got nl Michael Graham's during the morning of
lantern wnicn was sent Dack me next day. tne inn, ana tnereiore coutu not nave been
upon the mountain at the murder of Rea.
diamine this evidence as to these matters
with care. If you find the tact to bo as al
leged, they make strongly tor the defend
ants, but if false, the fact of asserting them
as true is a circumstance against the defend
ant setting tbm up.
The credibility of witnesses is for vou to
decide for yourselves. You, and not the
court nave to deal with tacts. When testi
mony is contradictory it should be recon
ciled if possible. If not susceptible ofre-
and Hester had left on the 16th, you will conciliation it must be weighed by some dis-
''": lur' fc"1 cretion nnu ueterminea as one or tne other
aether to take tne ears at t-uiiDury, as stated preponderates. If after all the mind is bai
rn tbe letter. Did Hester go to Sunbury on anccd it is reasonable that it be determined
tho night of Monday, the 16th, and remain against the narty allegine tho fact. Iu de-
unttl Ihnrsday, the 19th, or is there a mis- ciding upon the facts the circumstances of
lane as iu rati uiiorucu neieii owner j ou the case, the probable or Improbable nature
will resolve this matter in his faynr, if you of the facts detailed, the character ot the
can do so consistently with a fair and a rea- witnesses, must be all taken into considera-
Monablo view nf the evidence.
On the part of the defendants, testimony
has been given for tlio purpose nf contradict
ing the testimony ol Daniel Kelly and also
showing that Hester left home for the west
before tue arrest oi uouonue, and to show
th t his leaving was for other reasons than
those attributed by the commonwealth.
Con O'Q.irragh testifies that he was married
on the 10th ot November, 1868 ; that Maria
Hester, now Mrs. Dooley, was bridesmaid,
and she testified that her father left home
that evening ; was gone when she returned
home. The two olher daughters of Mr.
Hester testify to the same fact, and Garner
I'epper to tne same, as to the time of his
leaving. It is also testified that ho was teen
on his route that night of the 16th of No
vember on his way to tbo west, and it is tes
tified by these witnesses that be left home
for fear ot trouble In regard to illicit distill
ing of whisky and of trouble with his wife
in regard tq another woman, it these wit
nesses aro correct as to the time and as to
tion, after being duly weighed, to carry con
victinn to the mind of the jury before thev
give it effect by their verdict. If the testf
mony ot a witness does not carry belief
home to the mind ol the jury in view of all
the circumstances ot the casu iu due consid
eration they should reject it. On the con
tr.irv if, in view of the wholo case, they do
U..I! .U.. ..! I.- . f. . '
ueiu;c iou tosbiiiiuiiy mvy may receive ana
act upon it although it may be co-truilic-ted
by olher testimony. When the char
acter of a witness tor truth is impeached and
shown to be bad, the jury should examine
careluliy his testimony and it he be not cor
roborated mey snouid act upon it with ecu-tion.
In regard to the conoboration ot Kelly as
to lolly ami McIIugh you have the evi
dence oi tueir connection or comtmiiloiubip
ueiore ine muruer ui ,ur, uea; oi melr be
ing together on the morning alter Donohue
was arrested ns teslitted by .Uiirris .Morris
on You have the testimony of Mrs. Farm
worth ns to these three persons hurriedly
tho cause or Hester leaving, it disproves preparing to leave, taking their wet cloth-
knowledge of tbe arrest of D inohue and de. Im- IVom tile W!(4llVnll fitll llllj n I. ......
... .C. fi,. f ,1,. .t...,mn.. r i.:. I i -v.,
...v iw ... ..... ........... ..a , ui, oeeii uuoui mo tune oi me nrrest ol llono-
absenting himself from home at that time.
Compare the letter as to the matter of time
with the other testimony, and also Its cun.
Bistency, or inconsistency, with the reasons
now given lor tne visit to the west, if ynu
find it to ho consistent with the facts testi
fied to, the defeudaut, Hester, is entitled to
have its contents so understood. You will
examine It carefully in tbe light of all the
i trcu instances.
You will inquire how far Kelly is corrobo
rated by the testimony of the witness, E. Q,
Harris, who says he passed Hester and sev
en or eight other men above Ihe toll-gate nn
me morning oi tne win oi uctobcr lbtis
Did he see bin there and was the point de
scribed by tbe witness near to where Kelly
say Hester left aud started awayT It you
nnu it to ue so it win ue lor ynu to aeteriu
lue whether it doe not confirm tbe testi
mony ot Kelly In a material point or
whether, as claimed by counsel for defend
ants, It I consistent with tbe theory of tbe
defense that he was on hi way home from
However Liuocent the exiu-eaitfd uumiso nl
ataucea.are the f:ta which staud around I thflocitv mav he. if hU KUtoment t tm
hue the testimony of Morrison thatTully
aud McIIugh wero not about afterward as
before. Ynu will call to mind the testimo
ny ot Michael l.awlor and of Captain Lin
den as to Tully passing under an assumed
name at Wilkesbarre, the place to which
Kelly testified Tully aud McIIugh fled.
You will also consider the allegation ol
Tully that he was absent from the county
wbcu tlio murder was committed. If yuu
can reconcile the testimony with tbe inno
cence of these defendants it 1 your duty to
do so, and In that case as to them there
would bo no corroboration of Kelly, Upon
this subject you will not fall to examine
with care all the alleged contradictions of
Kelly in material and Important matters.
In deciding upon this case you will not
allow your minds to be influenced by the
decision in otber cases, either fouud In tbe
books or stated by couusel. You have not
before you lu evidence the fact of any case
VT-.l I.. 1.L ... X. ..
uui mi, j-sououui, in ine uis-ory oljuul
Luliy's house, You will remember also the quitted and other have been convicted un
testimony a to the time Hester reached on f.lse testimony. So have there been
..vm. ..... .... ,,us up ju u.uu instances in Whicn persona have been con
car; the distance he had trave cd from the .ctcd bv reasou of false evide In ,L,iti
point where Kelly say. be left the parly and Ine circumstance, or bv wiamr inft.r.e
ascertain whether there 1 corroboration or drawn from circumstances, but thi afford
7 , v,v X , 1 I no reason wny we saoum slu t y ourselves
lnir In mind that the exact limn nf th. Imn. I .. r.. .. .' i y
l " i r . I ul eaeruweounacuiuea in search.
prniDK oi a circumstance not no tea at tha 1 1.,., lo. i,..ii, I., .i,..i... i....t
moment and to wbkh at up.n honest conviction.
beyond a re sonu'ile doubt that Patrick
Hester, ono of the defendants, procured,
connived, advised, aided an abetted the
killing of Ri.i hy 1) title! Kelly and others,
Patrick Hester must bo acquitted.
This is correct.
Thlrd.Th.it Diniel IC-lly Is an acenm
nllce In the killiiiir ol' Alexander V, IU-.1,
and as suoli accomplice is regarded as au in
famous witness, and thu i irv would not bo
justified In finding a verdict a.' dust l'.llritk
tlesler, ratrick lolly, ami I'eter ,1jllugli,
or any or either of them, upon the testnnn
ny of Diniel K-dly unless his lestim i.iy is
confipued in sitnh niiU-ri.it pins as con
nect thn defendants with the killing ot R-n
bv the testimoov of trustwor'liy ivitn-s
We have atiiriu- l thd d "Ctrine of this
point in the general charge, a id now aaln
we say it i- correct
Fourth. T ut the n nifi rotation of the tes
tltnonv of Dtuiel K-llv, an accoinpliue, iu
such subordinate in liters ubin- as in iv he
true and at the, same time u ni-isteut with
the Innocence of the defend nit-, is lint such
a confirmation oflC-llv as will imtilv tlio
jury in rendering a verdict against 'hem.
i have already saui mat the corrobora
tion required by the rules of practice shall
he to some material matter connecting the
prisoner with the crime and I repeat it as
an answer to this point, lint it is not nec
essary that the corrobnialion shall be by
direct testimony. It may bo by such cir
cumstances as satisfy the jury ol the fact.
l-lltli. I hat there are no witnesses iu this
case who have testified to any lacts that
connect Patrick Hester, P.itrick Tully, or
Peter Mcllu-li. the defend nits, or anv or
either of then-, with the killiiiir. of Rea. ex
cept Diniel Kelly; and all tho other lacts
testihed to by other witnesses aro as consis
tent witli the innocence ot each and every
one ol the defendants as with their guil ,
I decline to answer this point as request
ed. Whether the testimony of other wit
nesses besides Daniel Kelly is consi-tont
with the guilt or innocence Is for tho jury
ami not for tho court to determine.
Sixth. That nn fact or circumstance in
relation to the killing of Ilea, detailed by
Daniel K-lly, and unsupported by other
trustworthy witnesses would justify the jury
in bringing in a verdict against cither Pat
rick Hester, Patrick Tully, or Peter Mc
IIugh, and that no independent testimony
in this case does connect either Tully or
Mellugh with the killing of Rea.
This is also a question for the jury. The
force of tho facts and circumstances is tor
tiie consideration of the jury. I decline to
charge as requested ou this point.
Seventh. I'u it iftheiurv helievo tlio tes-
mony of Patrick Faliey, Iike Richardson,
John Ilritt, Dennis McLiuhliu, Peter rf.
Lubv. and Thomas Casey, then tlio leslinio
ny of Diniel Kelly on the material part of
tho easels entirely overthrown, and there
cm be no conviction of Patrick Hester iu
this case.
I have already submitted the evidence of
the alibi setup as to the transaction nn the
16th of October at Donohue's saloon to tin
jury with wli.it I deem proper instructions.
and decline to charge as requested ou this
point.
Eighth. That Daniel Kelly stands before
this jury as a man of most infamous eli tr
ader guilty ou his own confession of tiro
murder ol Alexander W. Rea; of the rob
bery on the highway ot Mr Abel White
of various larcenies in tho counties of Lu
zerne, Northumberland and Schuvlkill, and
of assaults and beatings : convicted iu the
court of Schuvlkill county of robbery on
the highway, and pardoned so as to be used
as a witness in this case; proved to have
attempted the subornation ot perjury and
to have asserted that he did not ren.ird the
obligation of an oath; shown to havo contra
dieted himself in various material parts
ot tus testimony in tins ea'c : contradicted
in other portions bv Miciiael Graham
John C union, C truer Pepper, I'm O'O.tr-
ragh, Mrs. 1) mley, Mrs. I-arlev. Klien IIjs
ter, Patrick P.ihev, Luke Richardson, John
Ilritt, Dennis McLaughlin, Peter S.l.uby
Thomas Casey nnd l-'rancis Kleman : am;
impeached iu character for truth and ver
acity by more than twenty-five persons, and
ns sucn is entirety unworthy of be et bv
this iiirv.
I have railed vour attention to the facts
recited in tins point and now I direct you
to consider them, but I decline lo charge as
a matter nf lw that Daniel Kellv is un-
worthy of belief. That Is a question for tho
urv.
Ninth. I hat if the iurv find from the
evidence that Daniel Kelly lias wilfully
misrepresented any materul tacts iu giving
his testimony, then tho rule of law Is that
It he will lalsilv in one tiling hn w 1 fals fv
u all things, and tlionirv should disregard
and reject all he has testified as unworthy
ui ueiiei.
ibis is correct.
lentil. That if tho urv believe that Pat
rick Uester, Patrick fully und I'eter Mc
I UUh, or either of them, were initiate 1 in
to or helinged to a society known as the
rtiieieni urner oi iiiaerni.ins, or '.Mollie
Maguires," that not is of itself mllicient to
convict them of any oUense against tho laws
ui iiiu cuumry.
1 tils Is correct. Whatever mn- l.n ttw,
charactT of the "Mollie M I'uire" s-icinv
when a member of it is accused of crime he
is entitled to tue humane presumption of law
ns to his Innocence. Tho burden nfnnv.r
is upon the c iminonwetllh 1 1 csta'ji!i the
specinc otleiisn alleged m the indictment.
i-.ievenih.- i tie the confirmation of Daniel
iveuy, nn account ice. on immiiter it u nuts
or on points which do not connect tho do-
leniiants witu me body oftlio crime ehirged
in iiiu ii.iuciuieiii, is not men a coiinYnii'
tion of hi in as will iiistifv thn Inn in nnil
lug ii verdict again,! thedefendanb or either
ui mem.
1 have fully afbrmed the doetrlnn nf th.
point as to tlio confirmation required of tho
testimony of au accomplice, and I now ad
vise nit, jury to acquit an or any ot tlio de
fendants as lo whom thev find that Diulel
Kelly Is notcorrobnratedasto niatcrlal lacts
connectinir such defendant with ih ,.rl,
Twelfth. That If.upou the whole evidence
ui uie case, outsiue ol that or Diniel Ktllv
the jury aro not convinced that the ileiem'l
ants are guilty, they would not be justified
... ..uu.ujs mu uciciiuiuiw euuiy, uecause on
matter not bear!
mission of the crime by the defendants, the
ju. ouuuiu uuu iamn iweny to Do corruu
uiatrtii
I decline to charge, as requested on thl
point. The ease Is submitted to the jury
lin.lii nil tt.u n..l.l...n Iu .1.- I t "..
ui. ,.id OV1UCIICO U
the testimony of Danii
stated the kind of corroboration
tne lesumouy olau accompli
cllne to charge as requested
it is conceded that whoever killed Alrxamler
V Rn was guilty ol murder in the fiist de
gree. In eiisn of a verdict of guilty on an
Indictment for murder Ihe lay requires that
the jury shall fix the degree in their verdict.
When -everal are ttie.l to.-itber the jury
m.iv, if ihe 1,1-t- Jus'liy It, find one or mine
guiliv and iicq nt Ihe'nilnrs II m-ii dis
charge mur ilmv i-mi-i lentil it-ly, a- I hao
no liiiuht jnii will, vi.ii may del. Ci iii r-, as
I know y-iii Mould ill-recurd nppliins-- Sit
is i vour own (Mii-t.-ie.in- mid r nder M iir
v.-rdiet mc opTltiif ly. And nmv mooting
wisdom lead you to u correct coin lii-ion
Immeiliiilely upon the eloseol Mr. Hitches'
argument mid bifiiie the Jn'UeV clnitgi-,Mr.
Geo. B Klaell.oii belnilf f ihe ileh nil lis,
re.nl the following paper, which ues (l td :
"The ilefeiidanls now nt the i-loft- of tbo
argument helnre the jury and In fi re ihe
charge of the court, uoit'e llie court to dis
charge thejiirv, and n-sigp ns rtn-niis thin
for, that P. W, Hughes, esq , in Ills elo-ing
spci-cn to tne jury, misrepresented the prnols,
rgm d matters outside ul the testimony in
he e.i intended to excite the fears iuid
irejiidlces of thu jurors, mid lo procure a
rdlct contrary to lh evidence.
"1'ATItlCK ItnSTCK,
' I'ATItlCIC 'fUl.l.V,
"Pmiii.MclliMii."
the vr.nmrrr.
Judge 131 well ended his cli.arsrc at ono
o docs, and Court noimirned to nwait the
lecithin of the twelve men bo held ill their
lands the fate of tbo three prisonrts, At a
itlle past three o'clock t lie tolling of the
Court House bed gave startling noliee that
a lerdp-t had been le.iclnd. nod then eniifd
uch a scene as was never before wit' 6 aid in
llloonisliurg. In a moment of time tlio
treels were lilhd, ns if by manic, with scores
i-X'-ited meu aud woiipmi who rushed
frantically to the court room to hear the
rdict. No one doubled uhnt il was the
Im rt lime thai the jury had been In constit
ution precluded the possibility ol any olher
finding than that of "guilty."
The excitement in the court room was in
tense every eye was bent ou tho prisoners
until the jury appeared, whun they in turn
became tho objects of the most noxious und
excited scrutiny. McIIiigh was thn only
ono of tlio prisoners who showed signs of
emotion. Judge ICIwcll cautioned the audi-
nco to abstain from any dcmimstratiniis,
whatever tlio verdict might lie, and ihen tlio
Clerk of the Court nsked the momentous
question, ' Gentlemen of the jury, in the
ise of the Commonwealth against Patrick
Hester, how do you find?" The solemn si
lence which ensued was broken by the voice
if tho foreman (' the jury, "Guilty nf mur
ler iu the fir-t degree." Mr. ICIwell aked
that the jury be polled, and each member
answered "guilty," but befnro all bad an
swered to their names Mrs. Hester fell fai it
ing from her chair. Tho long suspense and
tho bitter ending had proved too much for
her strength. Tne verdicts were taken nnd
fully aud McIIugh were iu liko manner
pronounced ''guilty of murder in llie firt
egrec "
It was indeed a sad scene nnd opo not
likely to bo forgotten by those who witnessed
t. The weeping wife and daughters of lies.
ter and tho grief stricken, gray haired wifo
of Tully appealed strongly to tho sympathy
of all, and many eyes were maUt.
With but little delay tho prisoners wero
handcuffed nnd taken to jail, and the court
room was speedily vacated. It is said that
when tho jury took tlio first ballot it stood
eleven for conviction and one for acquittal,
and that the second ballot showed twelvo
for conviction.
Them has never before beon a conviction
for murder in tho first degree since Ulooms
bur ' has been tho county seat.
NEW ADVERTISEMENTS
SIKIKi:, Soot uuii Coal l.'.is. from detective
ilrirts, tiro sulci. No in ire worry with Ures
for enoslng or lioatlo. Send sump tor elr.Ml ir to
HKSiii uoLfu-iiJ, -aisausojiat., I'lilladtlpMa.
TICE.
.Notice Is hereby trtven that 1 huve this n.iv hmiviit
at constable's sale, ns ills pr.o-t ny ot II. S. Amt-r-maa.
ilin rollowlsg iroperty vlzs ono eooUstoie,
one parlor stioe, nn.) wugun, one. t ln;lo set harae-s,
one cui-boaid, two beds mill bedding, one clo-K, ono
CUV, twenty jams carpet, ono tauio, six cli.Urs. all
ot uh'cu. I havo Irtt wlili the said 11. N, snrennaa
during ray pleasure and I hereby eaut on all nersoos
not to tuicrfeie ur medJIe with the smo...
, , , t Jl. A. AMCHMtN.
Fishing-reck, Ttb. i:th, HIT.
Martu S-3w
PUIILIO SALE
ov
Valuable Town Property !
The undci-slf ue-1 will offer for sale on
TUUIWDAV, A PR Hi 6th, 1S77
at two o'clock p. rn., the lot or ground oa tronstreet
In the Town or Uloorasburg, hounded and otsenbed
as follow . i Ou tho north Uy lot or John Hooper, on
tho east ny an nliey, ou tie south by lot or Mary
Clayton, and on the west Uy Iron street ; on which
aro erected
Tvro ritAiiu nouses,
of two stories and ono aud a half stories rebpeo
tirely.
Good water and fruit trees ot superior quality on
tho lot.
Terms easy and mado known on day of s lie.
.MAltV CV AXS.
liarch :-ts.
QCIUE FACIAS TO CTIAROi: KEAL 3
O TATA
CULUUBIV COl'NTV, SS:
TUo commoawcilth of I'ouosjlraula, to tho Sheriff
of said County, ertetlugt
Mhereas, LouUa Intermarried wllh A. II. Dlldlne,
Ani'cllnii luturmirrlel with I. K. Dlldlne, Aarou
Knurr, UUiba Kuuir, Itejilua Knorr, Joseph Knorr,
MaryKnorrby hsr siurdlin Uooruo Zhauiorman,
hsretolore, to-wlt, on tho liihdayof BciilembcrA.
D. 19ii), In our county Court of C'o.uiu ia I'loas, beforo
oar Julgoj at UloomsUurj, reoverol Jidgnient
ajalnst 11. c. freas, aluiluUtra or of all and elnju.
Ur tho goods, chattels, rljhts an I credits which
weioof Joliu S-ieas, lato of your couutr, deceased,
for a certala debt or sua oi alt hundred audfoity
sit drdlars nud seven cents, as also Uu dot ars a::d
Iirteea cents wuieh to tbo said LuuUa Dltdine tt. al.
nero adjugiid twills coits aud inark. - whl'hhe
sajtiluul by occasion of tlit doleailoo of that debt:
And wnereas tbo sill John 1'ieas nitd iniaed uf rial
ostabj la tlio sali cojaty of oolambla, wukh de
aonudidaad caina to tuo tald i. C. I'ras, WulUm
L. I're.u, QuorfO II, rioas, lllra. 1 u. JlYcHsl. olV. v.
Freaj. llorco 1'iens Uii.i, u i.,. .... ..P
, ' . u IMI. S41lH nn
lawrtliarrlsd with J . V, jjck, olid ttutjcy uuJ,,"
rled with Uoutimin iiii-i ii, i . . . ur"
Froas, doceasod. "
Aud wusreas tbe said Lo ilrn i lldloo etn, ,ra
Blvenmtjundsistanl that tho H.ild Ju.iijrtt r
mains wholly uupau and uimtt.tloj, aiai,.atr
soubtus to provide for tUeia a propif tttniV"
Aud wo being wllltOif that wbat Is Jum In l u.LL
mv, uU "wiiuiu, io mo una ibu Act
ot Assembly lu such caso ui.ulo aud prgijd.cuui.
wiat your n mas must he convinced wholly I of common l-leas, mere to bo held on ?Jt IL
ir ii "u5n ""'"ue oi the testimony of day of Fo.ruary ueu, to show caui iiL.Z'
iveuy, of the guilt nf the defendmla before lho lino to knoworaiy. why ibesaTt'. . 1 sL
you can be justified , lu finding them recovered ajaln,t tho tald 11. c. PreaJf.J ' $?
vor, ui uie said JObu Freas, (KoeiiM J
Thlrtuuntlt Tl.nt ir 1 n .i . .. I be lovtQil and nnl I t - .i... b..., b.r . ...fJV
.-...vu.u, uuuer an tue testit .J . iiiiJS''J' V
Bvmv in tne easo. thn inn, !.... . ....,i,i. 'UJ vm!.m "
doubt of the i-nllr nftf, .lr....! rv...ii. , havo you !,
Heater. Putrl.-lr T.,ll -...I l si.ii :'. Wllae.
of the crime with which they are eharge.tbe
Jury should acq tit them. "
h7l
Juitia fact and Uai to twUhliak ita ex. I ,v. -r:i. -a i i HI
Alarmed.
mm,