dljc 2Vimrimn Volunteer.
i 1
PUBLISHED BVfiilY THUBBDAY MORNING
BRATTON s KENNEDY.
OFFICE-SOUTH MARKET SOBiBE.
i'kmm—Two Dollars per J-cur If paid strictly
1 ■ Two ri'larsanil Fifty Cents If paid
in advance, Tw r whfcll Threo Dollars
alumrcd Trftoe terms will be rigidly nd-
ItS, instance. No snbscrlptlon dls
- ott aU arrearages are pa.d.nnicss at
the option o( phe Editor.
professional (ttarUS.
; . r —-—-- —■——rr t m. i. i * WHi
& PARKER,
I lisle, pn....,
I DC 2 nil- .
-r OHN CORN M A N ,
J uuti 4 j&UO. tv _ —-
—-r—... maolauuhlin, attor-
E. in UuliaiuB lurmurly
Js! u ‘p!Sl by VolunteOD a few duurs South ol Wet
-7,01S Bo lel.
i)OC. 1. Wto
Attorney
lit In. RED * daw, Ciullslc, Peunu.
Jv . ,VNli CoV^ d .^,ver I stl'eet, opposite Beuts's
ooice on Hoot l anangoiuont with the Patent
Doc! 1, IN&*
HERMAN GOETZ,
HNE Y A 1 LA W,
HEWVILLB, PENN’A,
Patents, Pensions and oilier claims attended to.
May to, ibto*
J“nwN R MILLER, Attorney at
omco lu wotaeri Building, opposite
.JwlitHuuso,
"Nov. u, :
TT'.I ukMAN. Attorney at Law.
’a lliiccm'a Hall Building, lu tho
U ‘°
aid” Oldco.'tJatll'dOi Denim.
Deo. 1,
TsHBAEBR, Attorney, and
-«V«f ssrs as
& EasLcoruer of the CourtHonse.
Juu. Uti, 'hil—lv
T KENNEDY, ATTORNEY AT LAW
vV (-artiste Peunn, Olllco same as that o
the “American Volunteer,” Boulh side ottho Pub
lc Square.
Dec. i l«88
JTNITED states claim
AND
REAL ESTATE AQENCJ!
WM. B. BUTLER,
ITTOHNEV AT LAW, A .
ikinnnm °d Storyof InholTs Building,No.3&outh
R.mover' SIS Carlisle, Cumberland county,
‘'pensions, bounties, Back Pay, Ac., promptly
" Applfcnllons by mall, will receive Immediate
"parttoVlar attention given to the selling or rent
mir nf Real Estate, In town or country. luaU let
tors of Inquiry, please enclose postage stamp.
July 11, IHR7—tf , __
SU GEORGE S. SEARIGHT, Den
trS i IMtimore. College if Denta
rt r«. Office at the residence of ule
EuKt Loutber Street, three doors below Bedford
Carlisle, Punna.
Dec. I Wb*
#}ata anti tf-apa.
jJUt E B U BUM M E K A RBIVAL
OF ALIi TUP.
NEW HTYLEH
OF
hats and caps.
The subscriber has Just opened at No. 15
Hanover Street, a few doors North of the Carlisle
Deposit Bank, otto of the largest and best Stocks
of HATS nod CAPS over ottered in Carlisle.
Silk Hats. Casslinero of all styles and qualities,
SHU - Brims, dltlorent colors, and o*'ery deacrljj
tion of 80l t Huts now made.
The Duukard and Old Fashioned iJrush, con
stantly on hand and made to order, all warrant
ed to give satisfaction.
A full assortment of
I MEN’S,
BOY’S. AND
CHILDREN’S.
HATS.
1 have also added to my Stock, notionu of differ
enl kmd», conuUUin' of „ , m
LADIES’ AND GENTLEMEN’S STOCKINGS,
Neck Tien, Suspenders,
Collar*, Gloves,
Pencils, 'Thread,
Sewing BUk, Umbrellas. tt-(
PRIME SEGARb AND TOBACCO
Give mo ft cull, and examine my stock ns I feel
conlldont.of pleasing ail. besides saving you mo
ney,
JOHN A. KELLER, Agent,
No. 15 North Hanover Street.
May 1860.
JJATS AND CAPS I
DO YOU WANT A NICE HAT OR C\T ?
If so. Don’t Fail to Call on
J.B.CALLIO,
NO. 29, WESI MAIN STREET,
Where cun be Been the finest assortment of
HATS AND CAPS
ever brought to Carlisle. Ho takes great pleas
ure In inviting his old friends and customers,
and all new ones, to his splendid stock Just re
ceived from New .York and Philadelphia, con
sisting in part of fine
BILK AND CABSIMERE HATS,
besides an endless variety of Hats and Caps o
Hie latest style, all ol which bo will sell at th
Lnwvut Cash Prices. Also, his own men ufactur
of Hals always on hand, and
HATH MANUFACTURED TO ORDER.
Ho bus the best arrangement for enuring Hats
and all kinds of Woolen Goods, Overcoats, &c., al
the shortest notice {as ho colors every week) and
on tire most reasonable terms. Also, a lino lot ol
choice brands of
TOBACCO AND CIGARS
always on hand. Ho de67 res to call thoattontio
to persons who have _
COUNTRY FURS
to sell, as he pays the highest cash prices for the
same. , , , ..
Give him a call, al the above number, his old
stand, as he feels confident of giving entire satis
faction.
May IKOO.
Boots anti Sljoes.
J)ZvTd BTROHM,
W. D. SPONSLER,
JOHN W. STROHM,
N 1: IV AND POPULAR
BOOT, SHOE, TRUNK AND HAT
STORE.
NO. 13. SOUTH HANOVER STREET,
CARLISLE, PENN’A.
A few doors South of In hod's hulldUiif. , ,
Wo have Just opened the largest and best stock
of
boots and shoes
ever offered In Carlisle, nnd continue almost
daffy to receive such coeds In our line us every
liody wants. Our stoclt consists In nil kinds ana
V Womeris ,f Misses and Childrens 1 strouit Leather
Shoes Womens' Misses and Childrens -
Quite a* Womeus’Glove Kid, Turkey and I* reucu
Moroc?i- Mens' uud Boys’ Cult, Buff and Kid
Bools* kielis’ nd Boys' Calf and Bull Congieas
(Jnltorn* Mens’ Ulld Boys LiUStlng Gaiters and
5S' .^fe Ub ' i d Buys’ Calf ana Bull Oxlord
Sandals. Buskins and Overshoes,
Men’and SV omens’ Goat, Welt a “ d .^‘J. r P?A g"
pors: Mens’, Boys’ and Childrens *ur and Bux
of all sizes nnd prices; Traveling
Baes Satchels and Valises, together with a flue
lou>f goods. which we will self to suit the times,
. “QUICK SALES ANU SMAIX PUOUITS,'’
is our motto. Therefore, } n . IBS .V‘7H ’in
is intended as a i ersonal invitation to all in
need t« cull and look through our wUboui
feeling under obligations to buy unlessdin
quality and price. Wo shall always try to dem
with evt-ry one In a straight iorwaid n» a o a “ r '
and give every customer a lull eqmviUaul Jorhls
money. We nope all, will avail themselves oi
Iholr ilrst oypoiumliy to call and see us.
STROUM A SPO.NSLER.
April 8,1809—ly
THE CARLISLE SHOE COMPA
NY
MAN UFACTURERS OF
B O O T S AND, B HOES
N 0.5. east ma in street,
- CARLISLE, Penn’A.
Having commenced the mu iiu| aolure of, Boots
and Shoes, the attention of the trade la Invited
to the luige assortment of
LADIES, MISSES AND CHILDRENS’ SHOES.
Now In store and especially adapted to the
wants jf the Retail Trade, wo shall at all times
have on hand a complete assortment of all the
POPULAR STYLES,
made by workmen of the greatest -experience
and skill. Members of the trude;who may favor
Uk with their custom are assured that no droi t
on our part will be spared to furnish good goods
at
THE LOWEST POSSIBLE PRICES.
Orders by mail shall rocolvo the same atten
tion that buyers would In person, amt distant
parties can rely on getting their goods on equal
ly ns good terms by sending their orders, us by
personally visiting us.
(SHOE UPPERS FOR SALE.
JOHN IRVIN,
2Veo«*r* r »
April 22,1600-301
fflir torifcui loUmtcer
BY BRATTON & KENNEDY.
ffiiscrtlaaeotts.
. NOT AT HOME
An elderly man, shabbily attired, was
seen wain inn through one of the fash
ionable Streets in a largo city one cold
December day. His coal was of coarse
grey, and had evidently seen bard ser
vice, though still perfectly whole and
neat. The traveler walked slowly along,
as I have said, examining carefully ns he
passed the names on the donr-pintes.—
Ho finally paused before a dwelling of
showy exterior, which, if we may cred
it tlie testimony of the plate upon the
door, was occupied by Alexander Dean
mont.
‘ Alexander Beaumont! yes, that’s the
house,’ murmured the traveler to him
self as he ascended the steps and rang the
door-bMI.
Hissummous was answered by a ser
vant, who, utter a moment’s scrutiny,
which apparently was not of a very fa
vorable character, said roughly.
* Well, sir ‘what do you waut?’
‘ Is Mr. Beaumont at home?’ asked
the old man, without heeding the inten
tional rudeness* ’
‘ No, Mr, lie is not?’
‘ Then perhaps I can see his wife ?’
‘ I think it very doubtful, but I will go
and see,’
The servant withdrew without asking
the old man to enter, though the day
was very cold, and his clothing seemed
hardly sufficient to protect him from the
inclemency.
Mrs. Beaumont was reclining on a fan-
teuil iu u room handsomely furnished.—
The last uew magazine was iu her baud,
and her eyes wore listlessly glancing
over its pages. Sbe was 1 interrupted in
her reading by the entrance of the ser
vant.
Well, what now, Betty?’ she inquir
There is a man down stairs wants to
see you, ma’am.
‘ Man ! a gentleman you mean ?’
‘No, ma'am, 1 said Belly, stoutly, for
she well understood what made up gen
tlemen in the conventional sense of the
term; 'it isn’t a gentleman at all, for
he’s got on an old grey coat and be bas
not got any gloves on.’
‘ What can he want of me ?’
4 1 don’t know; helnquired after Mr,
Beaumont first.’
You didn't bring him in the parlor,
d.id you?’
The girl shook her head.
‘ You did right, and you’d better tell
him I’m not at home.’
• Mrs. Beaumont is not at hora<V said
Betty, reappearing al the door.
‘ I suppose that means sbe { s engaged,’
said the old man ; ‘ I think she will see
me when sbe learns who lam. Tell her
I am her busbaml’s uncle, and my name
is Henry BeauinonU’
‘That old rag*t«g master’p nude,’
said Betty, wondering as she re-ascended
the stairs.
‘Good heavens!’ said the mistress, 1 it
ain’t that veteran who strolled off years
jigo nobody knows where. 1 did hope
lie never would come back again. And
now I suppose he is as poor as a rat and
wants help. Well, he won’t get it if 1
can help it, but I suppose I must see
him.'
The lady descending, fully prepared to
give ilie visitor a frigid reception.
‘l’m not mistaken,’ sala t lie old man
with feeling. ‘ It’s Alexander’s wife.”
* Yon are right, sir. lam the wife of
Alexander Beaumont, and I suppose
from your language you are—’
‘His uncle Henry. Ah me! I have
been gone so many years, and it does me
good to return to my kindred.
• The old man leaned on bis staff, and
his features worked convulsively as
iiioutfitu* of the past came over his mind.. .
Mrs. Beaumont stood holding the door
as if waiting for him to depart. She did
not give him any invitation to enter.
‘ls your husband well?’inquired the
visitor, looking in, as U ue expected an
invitation to enter and refresh himseil
alter his walk by an interval of rest.
‘He is. If you have auy message for
him you may leave it with me, and I
will deliver it,’ said Mrs. Beaumont, de
sirious oi ridding herself of the intruder
as speedily as possible. , , ~
* You may tell him I have called,’ said
the visitor in a disappointed tone, ‘and
that I would like to have seen, him. 1
' I will tell him?’ and Mrs. Beaumont
was about to close the door.
‘ Hold ! there is one question more,
whut has become of Alexander's sister
Anna?’ $ . , , ,
‘X don’t know much about her, 1 was
the rather disdainful reply ; ‘ but I think
she man led a clerk, mechanic, or some
such person. His name is Lowe, and
lives in Morion-street. Is that all.
The old man turned his steps towards
the street indicated, with mauy forebo
dings lest his second visit might teas his
first appeared to be.
‘Betty’said Mrs. Beaumont, as she
closed the door, ‘lf that old tool comes
ugaio, be sure anil not to forget to teii
him I am not at home.’
Norior street was not a fashionable
street, nor was the two-story dwelling oc
cupied by William Lowe handsome or
.o-ltiv It was marked however by an
air of neatness which indicated that its
tenants were not regardless of outward
"’Tve wUUake the liberty of introducing
you into a little sitting-room, where Mrs.
Lowe and her tnree little childreni we e
even now seated. A plain, serviceable
carpet covered the floor and the remain
der of the furniture, though of a kind
which would hardly be selected for a ]
drawing room, hud a comfortable, home
like appearance, which atuap!y sutisfled.
the desire of those who derived their
happiness from a higher and less muta
ble force than outside show. Mrs. Lo«
was seated iu a roekiug chair, engaged
mall employment which! am aware is
tabooed lu all fashionable society. I
mean darning stockings. , . ~n
Emma, a girl of ten, was brush g up
the hearth, which the ashes from the
grate, “n which a biasing Are was now
burning, hud somewhat disordered,while
Mary, who was two years younger was
reading. Charley, a little rogue 01 five,
with a smiling face whloh could not help
looking roguish, was stroking the cut the
wrong way, much to the disturbance of
poor Tabby, who hud quietly settled hei
aelf down to pleasant dreams upon the
All at. once a loud knock was heard at
• Emma,’ said Hie mother, you may
eo to the door and see who it is, and in
vite them in, for it is a cold day.
Emma Immediately obeyed the moth
er ’ S lB i Jdr3. oLowe 0 Lowe at home?’ inquired
Heurv Beaumont— for it waa lie.
‘Yea, air,' auui Emma; ‘please walk
in and you uiay see her*' •
BUe ushered lUe old mail mto the com*
1 foriablesitliug-room.
Mrs. Lowe arose to receive him.
. i Relieve,’ he said, ‘ I’m uot mistaken
lu thinking that your name before mar
ria e waa Anna Beaumont ? ,
‘You are right, air, that was nay name.
» And vou have uo recollection of an
uncle that wandered away from home
and friends and from whom no tidings
have come lor many a long year?
‘Yes sir, I remember him well my
uncle Henry, and I have many times
wished I could hear something irom
him. Cun you give me any mforma
tion.’ . ,
YoiTnyy * uncle Mrs. Lowe, in
surprise, Uhen you are indeed wel come.
i.’miiia bring your miele the arm chair
a.!d dace lt cb.se to the Are; and Mary
bring your father’s slippers, for I am
sure your dear uncle must long to get off
those heavy boots. Aud now uneje.
when voii are quite rested, I must ue
maud a recital of your adventures.
•But your brother, Alexander, inter
ruptud Mr. Beaumont, let mo flmt in
quire about him. He lives in the city
now, does he not?'
A light cloud came over Mrs. Low’s
face.
‘ Yes,’ she said, ‘ He does live iu the
city; yet,estrange as it may appear, I
seldom or uoverseo him. Hu has suc
ceeded well and is wealthy; but ever
since he married a wife with a email
property and greater pride, ho has kept
a loof from uh. 1 do not blame him so
much as his wife, who is said to have a
great influence over him. I have culled
once but sue treated me so coldly that I
not felt a disposition to renew my
visit.’
‘ I can easily believe it,’ was the reply,
‘ for I too have been repulsed.
‘You repulsed? Did you give your
nameaud inform her of your relation to
her husband?’
‘ I did. but she did not invite me to en
ter ; ami she was evidently impatient for
me to be gone;.and I took the hint, and
here I am.’
‘At least, uncle,’ said Mrs. Lowe,
smilingly, ‘ you need not be afraid of any
repulse here.’
‘ Of that! am quite sure,’ said the old
gentleman looking affectionately into the
face of his neice ‘ But you have not told
me of your husband. Let .me know
whether you have a good husband,’ ho
added playfully.
‘ That depends upon what is meant by
the term. If it implies a rich husband,
then I failed, most certainly* for Wil
liam’s salary is only eight bundled dol
lars a year, ami that Is what we have to
depend upon. But for all that I care not,
for a kind, ulTeclionale husband is of far
more worth than a magnifleeirt house
and the most costly furniture.’
‘ You are right,’ said her uncle warmly,
‘ and I infer that your husbaud is of such
a cha-acter.’
‘ He is in truth.’
‘Still,’ continued her uncle, ‘there
must be something which your limited
income will not permit you toobtain, but
which would-be desirable, is there not?
1 Yes,’ said Mrs. Lowe, * I am anxious
to give Emma and Mary a musical edu
cation, hut William’s means will not al
low of such extravagance as the purchase
of u piano ; so that is one of the things
wo must be content to deny ourselves.’
Mr. Lowe then entered, and being in
formed of the character of his visitor, he
extended a hearty welcome.
A comfortable repast was soon spread,
of whicli Mr. Beaumont readily partook.
His spirits rose, and lie seemed to grow
younger as he saw the cheerful faces
around him. Soon - after the evening
meal he arose to depart.
‘‘Surely you are not.going?’ said bis
niece, ‘ you must henceforth tukeupyour
abode with - us;’
‘We will see about that, and if you
will get tired of me,perhaps 1 will come.
But I have hired a lodging and must un
doubtedly remain in -it for a few. days.'
4 But you must call .in every, day and
make yourself perfectly at home eveu.be
fore you come here to stay, presisted his
niece.
1 Be assured of that.’
In accordance wiih his promise Mr.
Beaumont made his appearance next day
at eleven o'clock, and was received as
cordially as before. He had hardly been
in the house a quarter ot an hour when
u loud rap was beard at the door. She
.beheld two men who had just driven up
in a wagon. ‘ ,
• Where is the piano to he put ma’ma?’
‘Piano! You have made a mistake
we have u it purchased a piano.
‘ Isn’t vouraiume Lowe?*
‘ Yes,’ v
‘Then it Is oil right. Jim, beara hand
for it’s confounded heavy.’
‘But I am quite sure there must be
B'uue mistake,’ still insisted the perplex
ed Mrs. LO'tei , , *
‘Not at all,’said a loud voice behind
her.
She turned around in amazement.
‘ You know*?’’‘continued., the npolc u
f lbat 1 anTgofnfc to-cwiuc ana ii>e with
you, and 1 thought I would, pay my
board lii advaucp, that is all. As yon ex
pressed a wish yesterday for a piano, I
thought it would be as acceptable a way
as any/ . . T
‘You, uncle Why-excuse me—but I
thought from—from—'
‘ You mean* -aid he smiling, ‘that you
thought from my appearance that I could
not afford It. And I confess that my
dress is not in tneextremeof the fashion,
and iu fact I was obliged to look some
time when I called at the second-hand
clothing store before I could find these.
However, as I have goi all the service 1
wished out of them, I shall throw them
aside to-morrow, and appear more respec
tably clad/ , . .
• What! are you wealthy, uncle ?
‘ Depend upon it, Anna, I dldu tspend
leu vears iu the East Indies lor nothing/
was the reply, ‘I had a mjud, however,
to put ou the appearance of a poor man,
and so to test the affections and disinter
estedness of my relations.. One of them,
however, is not at home; lam happy to
find myself at, home with the other.
Let us return to the aristocratic Mrs.
t> who, in a few evenings succeed
ing the events here recorded, was m her
drawnig-room receiving culls.
•Bv the way/ said a fashionable visi
tor lam to have your relatives the
Low's for nest-door neighbors'/
* Next-door neighbors !’ exclaimed Mrs.
Beaumont iu amazement, 4 what do you
m ?js it possible you. have not heard of
their good fortune? Mrs, Lowes uncle
has just returned from the East Indies
with an immense fortune/
‘ He has takeu a house m the same
block as ours, and when they have mov
ed into it; will take up his residence with
them. Meanwhile, he is stopping at the
B House/ ' „ .
‘ What! Henry Beaumont ?*
‘ The Very same, but I thought you
knew it/
When the visitor withdrew, Mrs.
Beaumont ordered a carriage, and imme
diately drove to the hotel where her Hus
band's uncle was stopping, bbe sent up
her card and requested an audience.
The servant soon returned with anoth
er card ou which were traced the signin
caut words
‘ NOT AT HOME. 1
Mbs. SiDDONS.-Oue of the nights
when Mrs. Slddons first played at Drury
lane, a boy, in bis eagerness to get in the
front row in the shilling gallery, fell over
into the pit, and waa dangerously hurt.
The manager of the theatre ordered the
lad to be conveyed to a lodging, where
he was attended by their own physician;
but notwithstanding all their attention
Up ,ii e{ i and was decently bunied at the
expensi of the theatre. The mother
came to the play-house to thank the
managers, and they gave her his clothes,
and at the same time presented her with
jivo guinaes, for which she returned a
curtsey, and, with some hesitation, add
ed • " They had forgotten to return her
the shilling which Billy had paid for
coming in.”.
Quarreling. —If anything in the
world will make a man feel badly, ex
tent pinching his lingers In the crack of
a door, it is unquestionably a quarrel.
No man ever lails to think less of him
se"f after it than before. Jt degrades
him in the eyes ol others, and, w hat is
worse blunls hls sensibilities on the one
hand, and increases the power of passion
. iseihihiiiiv on the other. Th> truth
is the more peacefully and quietly wo
get on, the belter lor us and our neigh
bors In nine eases out of ten, the bet
ter cod™'’ ia - if 11 man.chests you, cease
todea with him; if he Is abusive, quit
his company, an h if he slanders you,,
take care to live so that nobody will be
hove him- No matter who he Is. or how
, . the wis-at way is to let
h?n.X.e?for' there is nothing better
than this cool, calm, and quiet way of
dealing with the wrongs wo meet with.
ncfr-That is my “impression” as our
devil sold when he kissed a pretty girl,
the other day. .
CARLISLE, PA., THURSDAY. JUNE 10, 1869,
A Preachers Slr&fneem.
It is said that one time when Loreivo
Dow preached under a largo spruce pine
in South Carolina, ho announced anoth
er appointment for preaching in the
same place on that day twelve mouths.
The year passed; and as Lorenzo was en
tering Die neighborhood on the evening
preceding his appointment, he overtook
a colored boy who was blowing a long
tin horn, and could send forth a blast,
with rise and swell, and cadence, which
waked the echoes of the distant hills. —
Culling aside the blower, Dow said to
him, “ What’s your name, sir?” “My
name’s Gabriel,” replied the brother in
ebony. “ Well, Gabriel, have you been
to Church Hill?” “Yes, massa; I'se
been dnr many a time.” “Do you re
member a big spruce pine tree on that
hill ?” “O, yes, massa, I knows dut
pine.” “ Did you know that Lorenzo
Dow had an appointment to preach un
der that tree to morrow?” “O, yes,
Massa, everybody knows dut. “ Weil,
Gabriel, I am Lorenzo Dow, and if you’ll
take your horn and go, to-morrow morn
ing, and climb up into that pine tree,
and hide yourself among the branches
before Die people begin to gather, and
wait there till .1 call your name, and
then blow such a blast with your horu as
I have heard you blow a minute ago, I’ll
give you a dollar. Will you do it, Ga
briel?,* “ Yes, massn, I lakes.dat dol
lar.” Gabriel, like Zeccheus, was soon'
hid away in the Iree top. An immense
concourse of persons, of all sizes and col
ors, assembled at the appointed hour,
and Dow preached nu the judgment of
Die last day. By his power of descrip
tion lie wrought the multitude up to the
opening of the scenes of the resurrection
and grand assize, at the call of the trum
pet peals which were to wake the sleep
ing nations. “ Then.” said he, “ suppose
ray dying friends, that this should he
the hour. Suppose you should hear, at
tins moment, the sound of Gabriel’s
trumpet.” Sure enough, at that moment
Die trumpet of Gabrbd sounded. The
women shrieked, and many fainted ; the
men sprang up and stood aghast; some
ran, others'fell and cried for mercy ; and
all felt, fora time, tha» the judgment was
set, and the books re opened. Dow
stood and watched me driving storm,
till the fright abated, and some one dis
covered the colored aoge) who had caus
ed the alarm quietly perched on a limb
of the old spruce, and wanted to get him
- down to whip.him, and then resumed
his theme saying, “ I forbid all persons
from touching that boy up there. If a
colored boy with a tin horn cun frighten
you almost out of your wits, what will
ye do when you shall hear the trumpet
thunder of the archangel ? How will ye
be able to stand in the great day of the
wrath of God?”
A “ Gentleman of leisure.
There are very few grown, or even
“stout boys,”in this country whtf have
any pride in being out of business- Oc
casionally one is found, however, and
when found he is worth’ making a note
of. We ran across a genuine specimen
the other day—or, rather, he ran against
us—emphatically against us, against our
feelings, auainst our judgment, agaiust
our sympathy, but not against our pity•
We did pity him, and that was the ex
tent of our recognition. He was dressed
faultlessly—that Is, if the extreme of lat
ter day lash ion can be called faultless; he
had beautiful white hands and leelh, his
hair was parted in the middle, his downy
mustache adroitly colored and curled, a
gold-mounted eyeglass dangled from a
button-hole of his vest, and a “ nobby”
little walking-stick was twisted in his
bejeweled lady-fingers. He was proud to
say that he was a “gentleman of leisure,”
We inferred as much before ho said it, —
wnat else could have been inferred?—
What earthly use could the mortal imug
"be put to? Physical force he had not;
his mind was as vacant as an exhausted
receiver; and beseemed to have no ex
cuse for Jiving except to advertise sqme
tailoring establishment. It is something
to the credit of this republican country
that such specimens of the genus homo
are rare. We can only wish they were
so rare thatßarnum would be induced to
cage them with his monkeys; though
the monkeys would be apt to protest
against the companionship.— Packard's
Monthly.
'jTio Golden House of Nero.
On that part of the ruins of Imperial
Home lying between the Palatine and
the Esquiline Hills—a space which was
more than a mile In breath—Nero erec
ted his “Golden House,” as he called the
new palace in which he fixed his abode.
The vastness of extent and the varied
magnificence of this imperial residence
ami its ornamental grounds almost sur
pass belief; and if the details that have
.come down to us respecting it were not
too well authenticated to admit of doubt;
they might be regarded as fabulous.
Within its enclosure were comprised spa
cious fields, groves, orchards, aud vine
yards; artificial lakes, hills, and dense
woods, after the manner of a solitude or
wilderue c s. • The palace itself consisted
of magnificent buildings' raised on the
shores- of the lake. The various wings
were united by galleries each a mile In
length. The house or immediate dwell
ing of the Emperor was decorated in a
style of excessive gorgeousness. It was
roofed entirely with golden tiles, and
with the same precious metal the
marble sheathing of the walls was also
profusely decked, being at the same time
embellished with ornaments of mother
of-pearl—in those times valued more
highly than gold—and with a prolusion
of precious stones. The ceiling and
wood-work were inlaid with ivory aud
gold, and the roof of the grand banquet
ing hall was constructed to resemble the
firmament. It was contrived to have a
rot iry motion, so as to imitate the mo
tion of the h aveuly bodies. The yaul
. led celling of ivorv opened aud let in on
the guests a profusion of flowers, aud
golden pipes sprayed oyer them the most
delicate peffumi s*
Hr Did Not Want to Meddle. —
Scene in a public sitting room. French
man of the Bans culotlc order in a corner
smoking a short, dirty pipe. Enter a
self evident Yankee adventure, with a
stupendous shinny stovepipe towering
above his soap looks, and wrapped in a
long-tailed overcoat. He walks up
against the hot stove, and a thin but fra
grant wreath of smoke curls upward
from hie o"at tail to the eeilkig. where
the Frenchman replenished bis bowl
with tobacco and garlic, and pufta away
with a vigor of a locomotive. The col
umn of smoke from the Yankee’s coat
tall assumes a darker hue, and the at
mosphere of tobacco, garlic and burnt
wool. The , Yankee glances angrily at
Frencby, and proianely exclaims:
“ Darn the blasted old pipe!”
The Frenchman placidly removes the
stem from his mouth: , ,
“ Oul, oui, dam ze busted ojd pipe, and
dam ze busted old coat tail, too. Hero
you him zees ten, twenty min
utes, and he stink! sucre bleu! and I
nevaire say one word. I smoke my pipe;
you smoke your coat tail. Boze genteel
men sail smoke zijt which sail please him
best.”
The Yankee gave one hasty glance in
the tear, and sailed from the room, leav
ing a trial of stifling smoke behind him.
“Mother,” said a dying child Who
loved Jesus, “shall you cry much when
Jesus tnkes me ?” “X am afraid X shall,
replied the mother, tears filling her eyes,
“ Oh, please don't," entreated the child,
with a distressed look, “please don t;
for you kuovv whatever may happen to
Jessie and John in this naughty world,
vour little Utile will bo safe, bln and
Satan can't snatch her from Jesus arms;
never never. Won’t that comfort you,
mother? You never need worry about
me,”
THE SCHOEPPE
MURDER TRIAL
CHARGE OF lIIH HONOR JUDGE
GRAHAM.
VEIIDIOT OF THE JURY,
JIB IS FOUND GUILTY OK MURDER IN
THE FIRST DEGREE.
CIIAROK OP THE COURT TO TUB IfftT.
Tho prisoner at the bar, Paul Bchoeppe. is
indicted for the murder of Maria M. Bun
necko, by admmlsterlng-to her dangerous
and poisonous drugs, on the 27th of January
ll Tho charge is one of irifastgrave import, oa
murder is the highest grade of crime known
to our criminal law, and involves tho life of
live doiotidaut. Tho case therefore requires
and doubtless will receive your deliberate
aud”serious consideration.
On the indictment you may And the cle-.
fendunt guilty of murder of the first degree,
of murder of the second degree, or of volun
tary manslaughter. The detm-.tlon of murder
at common law is, “where a personof Miund
memo y and discretion unlawfully’ kills
any reasouabio creature in being, and
in tho peace of the Commonwealtu with
malice aforlhougbt. either expre-s or lm
p] ieU." In Pennsy Lvaiilu murder at common
law Is of two grades or kinds.—murder ol tho
JLrst and murder of the second degree. The
Act of 1701. re-onaotod In 18. W, provides,
•• mat »»i lounior winch hliiil! bo perpetrated
by means of poison, or lying in wait, or
by any oilier kind of wilful, deliberate
and premeditated killiug. 01 which shall bo
committed in the-perpetration, or attempt
to perpetrate any arson, rape, robbery or
buglury, shall be deemed .murder of the
tirst degree, and all other kinds of murder
shall be deemed murder of tiie second de*
gree; and the Jury before whom any person
indicted for murder shall bo tried, shall, if
they And such person guilty thereof, ascer
tain In their verdict wheiheritbc murucr
of the first or second degree.”
Manslaughter is the uulawfnl killing of
another, without malice, either express or
Implied, from the language of the Act of
Assembly, which we have read, you will see ,
that murder perpetrat- d by poison is mur
der of the first degree, unless it is given
through accident or mistake, and then it
would not bo a criminal onence. Hut where
polsou is wilfully administered with the
intention to kill, it is murder of the first
degree it Is necessarily wilful, deliberate
and premeditated, for the victim is selected,
the moans procured, the time and place
to perpetrate the act appointed. To consti
tute muruor m the first degree there must
bean intention to kill, to constitute mur
der in ibo second degree the intention to
kill must be wauling, and this Is the dis
tinguishing feature between tbe two grades
of muraer. Murder of the second degree is,
where there Is no intention to kW, but the
death of another is o .used In the commis
sion of an unlawful act. Malice is implied
irora the unlawful nature of the act, or
from-tbe use of a dangerous weapon usei lu
the heat of blood wimoutsufiicleui provoca
tion to reduce tho grade of crime from
murder to manslaughter, where there l» no
intention to kill, ll un intention to Kill ex-
Isied at the time, the crime cannot be mur
der of the second degree, It will be either
muraer of the first degree or mansiuugh ter.
If you find death was caused by the prisoner
by wilfully udmluistern g poisons to the
deceased, with the Intention to kill, this
would bo murder of the first degree. If
• poisonous medicines were given to the de
ceased by the prisoner, but not with inten
tion of causing her death, then the prisoner
may be guilty of manslaughter, or he may
not be guilty of any crime, us we will explain
to you m a subsequent part ot our charge.
The Commonwealth allege that the
death of Miss Stlunecko was caused by
dangerous and poisonous drugs, by prussic
acid or by morphia, or the two combined,
administered to her by the prisoner, with
intent to destroy her Hie. . ,
From the evidence it appears that Miss
Stmuecko was an elderly lady, piobabl>
about sixty-five yearsof age, who resided in
me city oi Baltimoie. ahe was possessed of
a considerable estate, amounting to iW.ow.
In the summer of lees, she visited Carlisle,
and was at Mrs, Woods, a distant relative.
Toe office of Dr. Bchoeppe was within a few
doors of Mrs. Woods' residence, and the
doctorand MlssßUnnccke became acquaint
ed during that time. From the acquaint
ance formed at that lime, Ur. Bchoeppe
addressed a letter to her after her return lo
Baltimore, which is dated 7th of November,
isds.siatmk mat he could make an advan
tageous purchase of l)r. Herman s real
estate and good will, if he could
«.w. and other advantages he considered
he would derive from the purchase, mia
Bunuecke relumed again to Carllßle, in
Sovcuinr, And pat op at Mr. ituiiuuu.h
-iu U;i Ur. Hanaon t and went to
tae Mansion Ho use, kepi 0y r. unremnucr.
oa the lsth of January, Uoy. on the
morumgof the Tih January, ednesday,;
she was at breakfast, and on the street lliat
morning, at Bank after 9 o’clock, signed a
check and received the money. Mr. amllli,
the teller in the Bank, says she appeared lu
ncr usual state of health. Ou mar day she
was act at dinner. Mrs. Parker, a boarder
at the house, suites that she missed Alisa
aunneckeatthe dinner, and went to her
room at 2 o'clock. She found her complete
ly pro-traced, and seenn-d very languid and
very drowsy. Witness was not in her room
a* du until Tbuisday morning, a mile after
6 o'clock. Witness says she then found
Miss Stiuuecke lying Insensible, braining
ratherheavfiy. Thoughthero>esavory little
bit open. In the morning when she nrst
saw her. Witness saw her again at 12 o
clock her eyes were closed, ami there seem
ed to be a perspiration ou her face. She
wcutback.to Missßttuuecke'fi room before
6 o’clock lu the evening and remained lo
her death. Witness further slated that de
cca>ed was lying on her left able. In an easy
position. Her mrebead and hands some
wnat clammy, rather cold, was under the
iniprcs iou mat they lelt natural aud con
sidered her under the luilueuce of morphia,
aud wuen that went off alio would be well.
Vo unusual odor in tho room, no odor oi
peach leaves or bitter almonds. No irolli
au ut her mouth. Bor bieatuing did nut
amount to a snore but made quite a noise.
No distortion of features, nothing like con
vulsions, Her. breathing not regular, ap
parently slops fur a wlnle, no rigidity of
mo-rmuscles. Mm. Parker slates that she
saw i)r. the day of Miss stlu
uccke’s death, and asked him why he gave
her mo vomit tnc day b mie, aud ho said
he only gave her two grains oi tartar emetic
aud lea of epicac. Witness said Miss aim
necko hud raid her time the doctor gave
her something lo make her sleep. I hat the
doctor shook iiMicudvery much aud said,
no I no! Idid not give ner anything to
make her sleep. ... , ,
■ Doily Turner a colored girl, and one of
the chambermaids ut tho hotel, who attend
ed to Miss ttiluuecke’s room, say-, mat Hr.
Schoeupo cumo to see Miss Stlunecko
prettyoften. That ho was there tho morn
ing she took sick, between 10 and ii o clock.
He went into Miss Sliunevke’s room, and
called to witness lo bring him uspoon, Ino
doctor met her ut the door and took the
spoon. After the doctor left, witness was
culled by AlUs Stiuuecke lo empty her
bucket. Miss Stiuuecke said he hud given
her someuilug to throw the heavlne*-a oil
her chest. Thai she vomited after the iloc
lorieft. In ihe-afternoonat o o'clock, me
doctor told witness Miss .-iluuccke wanted
a chambermaid, vv iluess went lo her room
dour, Miss Stiuuecke was lying on bed, did
nut seem very ill. she went to her room
again between “7 and 8 o'clock, and found
her seeming to bo very sick and. sleepy,
wuncss helped her out of bed and to uadi ess
her, aud when witness would not speak to
her. would doze off sitting on the enalr.
tv iluess uextuaw her ot oo’clock next morn
ing when she did nut speak or move. Wit
ness on cross-examination says she did not
notice any unusual odor in the room, nor
any frothing about the mouth.
Airs sbiuule, wno boarded at same house,
stales mat she saw Miss Stiuuecke at bieuk
fuaton the morning of thu27Ui. did not see
her again until morning of zslli, when, she
saw her lu ner own room between 7 and b
o'clock, in uu unconscious state, breathing
quite heavily, her pulse strong, u lime
quick. Her bauds aud forehead appeared
moist aud in a natural '’condition. Before
her death, witness suites her breathing was
long aud heavy, not rapid and gasping, fre
quent intervals of a moment or so m her
ureatning, showed no convulsions, no dis
tortions of the features. Her touguo and
mouth a little twisted to the left side on
which she was laying. No contraction or
rigidity of hands or feet, no unusual odor;
nothing like bitter ulmoudsor peach leaves;
no froth about the mouth, a little saliva
escaping from it; eyes closed; no spasmod
ic contraction about me mouth. Air. Hocu
man saw her ou tho morning of Hie 28th,
about 7 o'clock; heroiueuiboiuncr us lying
ou ner left side. Insensible: breathing slow'
aud labored; temperature of her body natu
ral ; skin moist; her hands warm and feet
cold ; innschs seemed' very much relaxed ;
month partly open; eyes.closed; pulse
natural, a little excited. Ur. achcoppo was
sent for between 8 and 9 o’clock, came up us
Air. Kheem states, very mucliexcited; went
up to the bed, made sumo jeXuminutlon and
men satdjie must go fur his stethoscope; lie
returned lu a very short time. Upon fur
ther examination, said he would nut take it
upon Ins conscience to bleed, aud said he
would like to have Hr. Herman. Hr. Her
man was scut for and got to Alias Biiu
uucke’s room about U o’clock, met doctor
bchoeppe mcir. Hr. Herman stales that Hr.
bchoeppe told him it was u case of hemi
or hall palsy, ‘ Hr. Herman stales me
patient was lying inclined to her left side;
he went to her bedside, Itell both a ms and
found no pulsation lu either; he then
drew her eye mis upurt; found both
eyes alike, a contracted-slate of the pubils.
lie told Hr. Bchoeppe tnat he thought she
was past bleeding, post taking remedies; he
did not look upon it us head piegiu; was puz
zled lo know what was wrung; hud never
st-eu liuim plegltt lu that condition buloiu;
when he opened the eye it put him la mind
of u hawk mat was poisoned with u com
pound poison, and remarked thatshe was
rather overdosed with mediclueufsoiuu kind.
' The drugs given lu the hawk wore opium
pills orluauauum mixed wim bieud crumbs,
prussic acid and-.corrosive sublimate; her
symptoms indicated no natural disease
lliat ue never saw a form of sickuss like ll
beiote, could nut lull me cause of her death,
It was a siugmar form of sickness that ’he
could nut account fur ut all. Mrs. Butudiu,
in her testimony also states that Air.Bchuep
petold heron the 28th, the day Miss titiu*
neck, died, between w uml 1U o’clock, that he
hud given nor a vumu the day beiore, and
when he rciurued about id o’clock, ho found
her verv much uro&tiuicd. Taut ho was m
to 800 hurKover.d time*in Hie afternoon mid
la the evening bowcen a uud U o'clock.—
Thai at that tune she wiw lu her full kcuaes
and spoke about the eclipse ot the moon.—
Thul huu asked him for something to put
her loHleep when ho refused to give her suy
ugshd was too wcuk. 'ibuifchosuui bho would
lake Bomeilndg herseif, und ho shook Ills
huger at hor, told her no! Vo do ho and leit
the room. , , ..
Mr. nurkholder, tho proprietor of Bio
hotel, stuioa ill t ho went to Miss eJUn
necke’s room the night ol the dUh, between
jhiud iu o’clock; tho irainsom was open above
Uiodoor.UunkiugHhe migiit wautHometbiiig
lie culled to hor two or tmeu liuiea, uud gut
no answer uud left the room.
In connection with this evidence you will
consider the testimony of Mis-Horn,a wiine-s*
Called by tho defendant. &Uo was at lue
hotel u« the lime, cine slates that who was
called by the chambermaid in tho morning,
uud went into Mi**** Stiunecki-’a room about
bcveu o’ciocii, uud louud her m ifii uncoa
ucious «uao, iyu>g witu nor mouiu upon uud
luuguu diuwu lu ouu sido. mid UruuUmig
iivuvtiy. \vuuuj»3 buys they wero siioia
mouths, mil very ahm i; her uioain.ng wiut
uul natural; occasionally alight stoppage lu
her bruuUiiiig. ohw wu* dmwusomuwlmlU)
ino lull aulu; hur eyes closed ; her pulse not
regular nuu weakened rapidly. Her • et9 J'
bulu cold up above the instep, hoc leit band
was cold uud not,hcr ughu lu the uiier
nouU witueas says bho uouced that she was
mu proiuse perspiration ou her right side.
The ielt hand was cold, her left blue was
not m aperapirutiou.it washer ngbtßide.
Witness led uer skm on the ngut aide uud
said it appeared natural, l«it hoi leit hand
and arm several limes lUutUay.dia not led
any olber part ol the ielt aide except the
luce. The Icltalde ol her lace was cold, and
mo ngut bide ol her luco was wmiu. iou
win also consider the siatouiout 01. .Mis.
Parker, Mis. ahindie, Mr, ..ochinan and
coiuioiT. fliis. rurker stales that both
uer haudb were warm and nor lace leit
natural with some pcrepiration on it. Mrs.
.'Miiuuie says bhe leit Uer cbiOK and 1 -ie
heud, and her leu hand seven*! times
tuiuugh the day, and it was warm. Mr.
lucuiuuu hU>s that at 7 o'clock, m the
moiinug he ielt both her hands uud Wnsl*,
mid iney beemed to Dim ul a unilorni
wurmili. Miss comlort, who laid her out,
baiusiie louud alter deuih, uer enure body
a m in uud moist, and tier clothing covered
wuu peispualion.
Win. blew, a colored man, and waller ut
Mr. naunou's hotel, where Miss blmuecke
boarded beiore sue Went to Mr. liuik.-
Holder s, a witness called by defendant,
slates mat he waited on her at table at tbo
nine sue uuurded ut filr. Hannons. That
sue complained a good deal ol giddiness in
iu£ head. Tna- sue was a hearty cater,
and wodid taKo'iilllo tilings Iroiu table to
eit between meats. T’Uul lie met her on Lite
.meet tue day beiore hei death, between 10
and u o'clock. Asked her how she was.
mat sue saidaue IcildUil uud b-d Hadbeen
eating bedstead the evening beiore, ami
was trying to walk u oil'.
W’e nave suited tno principal fuels and cir
cumntu eo lu'evidcticu in relcreuce to her
health aud •ondltlon the day before her
death, uud uer appearance and symptoms
tue day or bor Ueutli rfum U o’clock in the
moinmg when she was louud uucousloiih
uud uuuoie to move, aud remained in mat
situation until her dcutn, at 0 o'clock In the
eventu*'. No one it appears saw uer Irom
between s and y o'clock ol Ihe evening jire
ccdiug her death, to 0 A. XL of the day she
uied. Tue accuunls of those who saw hei
lost ou mo evening of the tilth are contra
dictory, and to our mind nut easily recon
cilable. .Mrs. Parker says tbul on \Vedue>-
Uay ttiteruoou sbo loima her vety drowsy,
'liiai witness and M»s. bbmdle, ottered m
remain witn in-r, bat she refused to permit
mem. The chambermaid states between t
and 6 O’clock, m the evening, when sm
weuttober room aud a.-a s.ed to undress and
nut Uer to bed, she louud Uer seeming lobe
very sick and sleepy, uud when the witness
would noi speak to her, she would dole oil
sitting on the chair, aud witness would
call her to arouse her. Mr, nuikholUer
states that between 9 and lb o'cloc t of unit
night ho went to her room, th-nking sin*
m*ghB stand lu need of something, mat
me ventilator above the door was open, and
ho rapped at her door two or three tunes,
ana caned toiler two or three iiuiesandgot
no answer. Hut Mrs.ahiud'e says that in*,
odioeppe toid her ho was at Miss totm
uecke a room the same night between b and
y o'clock, and at mat tune, she was In her
mil senses, aud spoke about the eclipse ol
the inuoti.
The body of deceased was taken to Balti
more ou r'riduy alter her death, nccouipn
niea by Mr. Übeem, a distant relative, and
the deiendunt, who attended the funeral on
outurduy. Tuo body was disinterred and a
post mortem examination made on Hie mm
oi i-'euruary, 13 days alter her death. This
examination was made by Hr. J.B. Conrad,
resident physician oi the Baltimore luiir
mary, uss.stud by wr, N, G. Hidgley. We
deem it unnecessary to detail the ininutla oi
luo post mortem, It has peeu minutely de
luded oy i»r. Conrad, and elaborately com
mented ou by counsel The brain, lungs,
S&Sn '» b‘iUn,T'*ro. u B£&.A'ai“ffl'4
maud in a natural stale, nothing
indicating death irom disease. Ur.
Conrad says ho did not examine the
Kidneys because he did not consider it nec
essary.i>r.U djiey.whoconcurswitb Dr.Cou
raa, mat ho lounu no cause Irom disease, no
evidence of disease .of the brain, did nut cx
aiumo the spinal marrow, some parts oi
main weresoiieued. ,
We will here state that the theory of the
Commonwealth’s counsel as wo understand
u, i» mat death was caused by a compound
poison of prussic acid uud morphia, the
system being llrst xe'axed by aumlnlslei
mg tartar emetic. . . .
I*o discover if possible the cause of
death, the stomach uud sections of the lu
tesaues were huuued over to Prof, Aiken,
who bus been Professor of ChemU ry and
Pharmacy mtho University of Alary laud for
devours. The Prolessor detailed hlscuemleuj
analysis minutely, lie cut the stomacn and
intesiiues in small pieces, mingled them to
aether uud divided me mass into two parts,
one he used to ascertain whether there was
any prussic acid. He added a proper quanlil j
ui water and u small quantity ol saipbuih
ttod and proceded m me manner Ueseimeii
oy him to obtain by distillation, a lew
oiiucesot liquid. lie stales that there are two
HIM oi liuiuliy; to cxamimi for u>;
liquid, and to examine lor ai« vapor P rUbbl *
acid, either of which he would consider re
name,'one is called the iron test add mo
other the sulpliur lust. He P un * u t^ IIJ. l IJ . ( l ? t, }Jj
these modes of inquiry wulch J* 1
procuring a faint truce of prussic
ued.mm inatltmustnav ebeeu present.in t
distillate or liquid produced oy U V pi,a!is it
in connection w.th the evidence of I
Aiueus ion will consider mat ol I roh-ssor
Himes Professor of Chemistry in Dlckin^u
Col’ege, uud Professor Wormley.Proleatoo l
oi Chemistry m capital University, colum
bus, umo. Prom the the -hreo
Proiessors examined occupy • It
"Uiued they are all iKir
m their protession. Aho two mier, alter
heai mg the evidence ol trot essor Aiken .do
uot concur with him m the da
expressed irom mo chemical analysis m--uo
oy’ll.m. TUOI o launoUlor toal meullouiia by
Professor Aiken, culled the nitrate of silver
test. This he did not apply because be c*m
sidered the results of the iron “nd sulfur
testsenttioiys-itlsfucto.y. In tiilsUofisaoiK
ii.iues uud wormly do uot uuucur. lv ar
nvo at luatsuue ol certainty
ses ol this laud, they consider thonHruto of
silver lest ought to uo applied, in action
inov shite that sulphuric add being used m
ilia' mbLtau«». buloru rt.su.lat •
prevent'miy reliable lesuit being obtained
Worn 'the liquid procured by dwu aHon--
That there may be substances in Hie slo
ach harmless m themselves, wh»ch ' m *
duco prussic acid when auip ‘dne a'tld •
used in the chemical teals, its it waabj I r .
AiKeh in this case. H you }™. }
this conllict ol evidence, u voiisonub o doubt
whether traces ol prussic ud w°{«
)..■ i>rof Aiken m ins chemical anuiysi.,
then you ought not to eonhiuer his evidence,
in determining the guilt or {uu^enc
ol tlio prisoner, for it la
the couimouweuUh to lhe 8 1
ol defendant by a chain of
and circumstances, each o» which snail m
susiaiued by evidence winch ll *®
jurors bey-ud a reasonable doubt. 00 m
reference to the post-mortem examinations,
ii, irom the evidence of Hr./duer. Hr. toti
dry. Hr. Uoblnson, or other medical wit
nesses, you consider that the 00uL-iuort-er» l
examination os conducted and detailed in
evidence by Hr. Conrad and Hr.
KUialcy was incomplete uud uncertain,
and did not justify Hm oplnion expressed by
the doctors who conducted 1U that there
was no natural causes of dentil discoverable,
then vou ought not to consldei this evi
dence. 11 you consider it doubtful and un
reliable. m passing upon the question of
guilt or innocence.
The defendant is not required to show the
cause of death, or that it occurred irom
natural causes. Ho is uot required to prov e
his innocence. This the law presumesuuHl
guilt is proved by the evidence 01 the Com
monwealth: nor is'the Commonwealth re
quired to prove vvhut -kind ol poison caused
South, whether prussic acid, morphia, the
two combined, or other poisons; opt the
evidence must satisfy you tout death wrs
caused by poisons i»r poisonous dings of
some kind, administered by the dcfimiuht.
The defendants counsel contend that from
the evidence of the medical witnesses ex
amined. death may have occurred fn- -
apoplexy or from disease of the kldiic
that the spinal marr «w and the klui.ew.
were not examined, and therefore them is
no satis uciory evidence that death might
uot have been caused either by apoplexy or
urem‘a,—that is disease of me kidneys.
We consider It unnecessary to refer more
particularly than wo have done to tbo evi
dence,' to show ou the one hand that deat h
was caused by poison, uud u Hie other, to
show the iosudloienoy of the evidence on
Hie part of the prosecution to prove that
death resulted from poison, The result of
the chemical analysis by trof. Aiken falling
to delect Hie presence of morphia and to
show conclusively the presence of prussic
aS M»mwaby PmrJSlm
is relied upon to show that thewo is no ovi
dciu'u of pomoit being detected in the body
of the deceased, and m the absence ol such
evidence that delemlaut ought not■ to .J®
eon the contrary ,Uio P r^ e c u Uon
ooniend U.uteven if there woaufiu ure to
. detect the presence ot prussic acid or mor
pliia in the stomach of deceased upuu tho
chemical analysis, this docs uot establish
aiofuc?m
acid or morphia; *»u account of the time
Hint intervened between death and the
chemical analysis. die ‘ o
the iSth of January. body wiwdisluur
redou the loth of betituary, W day a uiu.r
death. The evidence of V,‘^ m^rred' V to
ami the medical writers referred
VOL. 55.—N0. 52
by counsel, appear to establish the fact, that
from the unsubstantial ami volatile nature
of both prussic add aud morphia, cases
have occurred where uo trace ofcithorcould
bo found lu the stomach or Intestines,
whore a chemical examination was made In
a shorter period of time after death than
occurred In thin case. The defence further
contend that the symptoms In this case did
not at ail Indicate that death was caused by
prussic acid, and that the time that Inter
vened before death, precludes the possibility
of death from that cause. The symptoms
described by the witnesses who were
prcseulduring the day of her death, do not
correspond with those stated by the medi
cal witnesses, as those which precede dentil
from prussic acid. Miss Mlnnecke, the wit
nesses describe, an lying in an unconscious,
insensible state from tl o'clock in me morn-
ing, when the chambermaid entered her
room, until t> o’clock lu the evening, when
she died. No spasms, no convulsions, no
contraction of the muscles, ail of which
physicians slate ore thosymptoms produced
irum thecllVcts of prussic acid. And that
Its eflocls are violent and Immediate, anil
generally cause death lu from 5 tolMor SO
minutes. But the Commonwealth allege
that death occured not from prussic acid
from the combined elleets of
prussic acid and morphia. We have no evi
dence of the symptoms that would result
‘train the ellects of those combined poisons,
The books, Drof. Wormley says, are silent on
ihtssubject, But the same Professor slates
In Ills work upon poisons, that the action of
one poison may be modlUed by the presence
of an other, which Is Illustrated by the case
of u person who took 8 grains of strychnine,
one drachm .of opium. and an indellnlte
quantity of quinine. Twelve hours alter*
ward lie complained of nothing serious, and
survived Id hours after he had taken thu
mixture. If thu action ol one poison may
he modillcd by the presence of another, ami
if strychnine, opium ami quinine would not
cuuk«* death lu as shurt a tune an the stry cb-
ntuu iitouc, then , may It not bo. that the
symptoms produced from prussic uold alone
and the brief period witlnii wnlch death
would ensue, would bo applicable to the
effects produced by the combined poisons of
prussic uetd and morphia. You will also
recoiled Unit lu this ouse there Is no evi-
dence that any ouo was lu Miss Slltmeckt-'a
room from between t> aud 9 o’clock at night,
(when the defendant told Mrs. Milnd.e he
wus there) until (I o'clock.lho next morning,
(a period ol nine hours) to witness or de
scribe her symptoms, after defendants Inst
visit to her room. A» evidence to establish
that death wus caused by unnivturul causes,
and tmt from disease, thu Commonwealth's
counsel also reier to the opinions of Dr.
Dr. Jlaidemuu.Dr. Cornunm and Dr. Ziegler,
given 1:1 answer to a question asked,ns to
their opinion of Uio cause of death, upon a
hypothetical case submitted uy the District
Alt ruey. Dr. Dale bays, ho could not ac
count lor the combination of symptoms
detuned in any oilier way (him by opium,
or some of its preparations. Ur. Haldeinan
nays, from the results ot the post-mortem
examination uk spoken of by Ur. Conrad,
he has no hesitancy in giving it ns tils
■ pinion that some cau-e or causes other
limn natural must have produced MlssStin
uecko’s death. And In in the testimony of
Ur. Herman us to the symptoms manifested
which the witness details, the would natur-
ally conclude without personal observa
tions. that the nuuieJnitecauso ui herdeath
must have been owing to the tree use or ad
ministration of opium or sonic of Its
kmdied preparations. In answer to the
samcquesliuu Ur. Curnmtiusuys,ln predica
ting an o iulon.upou ttie hypothesis
detailed and the post-mortem appearances
detailed by Dr. Conra I cannot conceive
that the individual died from any natural
cause, aud that death must have resulted
(tom some uatcotic poison, either ojflum
or souieoi its sails. Ur. Ziegler In answer to
the same question says, t -aching the ques
tion us deluded in tlmlpaper(tho hypotheti-
cal case,) it occurs to my mind thut.Uoath
must have resulted from some unnatural
cause, from an Injudicious or over-dose of
opium, or its preparations. Morphia is one
ot those preparations.
In adult ion to the opinions of the four
physician - named, Ur. KelUer. In answer to
the same question propounded to Urs. Dale,
Haldemuu, Common and Ziegler, says
the negative proofs of her death are •dear to
mv mind, but the positive data, whilst 1 be-
lieve they show clearly Unit the subject
received botli prussic acid and morphia 1
cannot say unconditionally that they caused
herdeath. To give an unconditional opin
ion 1 would want more positive evidence
than we have.
Dr. Klcller being again called [to explain
whsx ho meant by an unconditional opinion,
saya, 1 meant bv that, that whilst I believed
from the lacla detailed in Iho hypothetical
au>e that both prustdo acid ami morphia
had boon discovered, andthat u‘e had the
evidence of their combined inlluenee, ami
whilst 1 am familiar with the therapeutic
action of morphia, and also have consider
able experience with the action of prussic
acid yet, my experience and knowl
edge of the action of prussic
acid Is not such as to justify an un
conditional opinion In the case, in the
absence of chemical proof by analysis.
Dr. A. G. He man who saw the patient
about U o’clock, on the day of her death,
says, according to the symptoms that lie
ho Is Jed to boltovo that by compound
poisoning of prussic acid and morphia, that
was the cause of her death.
When a hypothetical caso is stated, and the opin
ion ol a physician nuked, it Is for tho Jury to deter
mine whctliorthe fids and circumstances ftalod In
tho hypothetical cane aro ptovod to <»xl»t in tin* cane
Trying and itnny lactorclr utiißlatno Is stated that
In not proved, »t It llio witness stales any fact upon
wbKM> his opinion ih based wnlch In n-t proved to
have existed Ip thu one ou trial, then It'» thti duly
of the jury to reject the unsw. r oi the ivltruK.*, fir It
would urn bo prupt-rai.d legal evidence.
ll the evidence iu this case naUMics you that tho
death of Mbs atl- nc. ko was caused by poison, then
another luipoitaulinquiry aibep, " In is the gudty
party! By whom wan the poson administered!
Mas it by ttio defendant! In determining this
question the following loqu rles will naturally pro
sunt tliemselvfS : Hud the pda -ncr the pnism in hU
po»>o*tdon ? Had he opportunities of giving h to the
tiectn-oil? and bad be «n? motlvo tm d.diuso! Dr.
tVoithlngt .n, a druggla of this tjvvo, s at-s that
soHiedava booio the HUh of January last the do
fu.r. ant purchased from - luiabulf ounce of dilated
!’■ us*.); acid, aim that some t mo dnr.ng t-io »int.-r
iho pi Isone** g..i from him muriate nt in rphia, t nc»
lure of uux vomica nn i F wicr’s olution. Dr. Her*
ton, a unuu'sl. f ilarrhmurg, if h.» « not ml la on
' in t i.o Identity of the prison.r.siu he ki'.« tb..l bo ts
»..tisli d lituc di f ndaiil Is the man, states that ho
ou.d to Hr. .-ch i-pp , about tno 23d "f Janusr> lasi,
an • u c« if abated I'tusMc acid. Thl- would to hut
f.mr ilays cun c tlie tunc uls dlo.ed the jkj! on wa*
iid.ulu.atcrod to *iis atimi c*c *i h*t tno «lefe..dant,
lma op,»-rtumtles to mbnlmstor p-l-m to .he c
c ased dnr.ng his several vl its in tier r oiu, mi thu day
au i night oi the —“tli of .1 muar). up,.-.us lo u
,l-arly trovod; for tin re 1* i.o evidence that any
perrou. was present ill her r-.oni during tin s-c v bits
hut lad he any unlive in biding the di-co,se.l?
Tins become-an imp- riant 1.-qnhy, ford i tin s-arndv
bo sup,use i tuat any pe ro.i con il be fom.d -o de
praved as lo luu der tins o d I dy wlllmut any mo- .
live lor committing sj h-orib e an act.
Tho pros*cult li, to »h-vv a motive i. r tin* act.
bavo a‘V.n in evideiicc a clock oau-d lb- 27 b of
January, ledJ, up u ibo Cail si- D posit Hank, I r .
S a, wJuc.i was pre-u pd at the con.der, i y d. fond
ant. on .In w-.rilng of the 29th J .minry, and tin
money la-dtobiui Ibis checw purports to i.e-dgi.od
I vdaria n Sltm-cke. Sever d wim a-es have been
called who »«-.o acquainted with tho Imnd-vntl.-g
of lur deceased, and who say they tin not believe ll
to be he. s.suaiu o. .So wlliutu Ih cubed to prove I
ibo s r nau.rc genuine I
• Another paper has loeu produced by theDn-lnct
Auornuy, | urp rling to bo t e lost will and test «•
juent tri Maria M Slim ecko, d «t»ti iho 3d of H.or-n
-be I tS. ll war, p.du ed ly defeniam and hh
c..iuj* lon mi. let tf Felounry, ISO l>. fore Judge
Duulri*. oflbe Urjbniis Co or of lUhhimre, as the
will oldemi'id. Tlio |.ap r wu- Hied b tlio odue of
the lieais *-r of Will* m Haitim re. on the Ist of
FebrUh j-, l!’01. Tins paper punxTts lo be signed bv
yiaria >i. is inner o, and give* her •• vvbob estate
and prupirty, uh «t«osver and wheienoever, to Paul
F. -. i o.p r c, *t. 1), o In. own use and Ijonefit alls •
liilelj. l The subscubin; witness p urn Dr ?chu pp«,
Iho dofeiidam, who Is the role legatee, and F.
f'choe.pe, the lali.er of <1 fmdanl. Tn« pape* Ims
been read to you wilb.JUt td.jcetion F Sclio ppr, a .
'subscribing vvm.iss, Ji - i >»t been called by the
ir HH-ulion r bo defendant to provo the execution
of iht p.| er, so tba -vve have u-j e\ld ti. e before il»
oacept Itn production, to prove that It is a genuine
or la sell per. li. Is also m ptooi by the two sub*
s ribing witnesses, that a will was executed by Sla ia
vl lit nnccse, on the i7tb of November,- lrftB, before
►ho left liuMmore Tula was sixte-n duysb-fou
the oa o of toe paper lu evidence purp .itingM bo
hrrvv.ll, mil w<o* louml I . herlruus Thu pupur
was ufieroU us evidence of ino.lvo to perpetrate the
murder. Hint upon her death, if the pdiefcoi tho
rd ..t Dfceoiber, 18'8, con.d Lo eslsb I bed us dece
dent’s wib, tho oefendaut would then come into
po.ueaMuu clu brg-aud valuable .aUte.
Tue nnporta. t only dovoUe* op n vou lo «srcf
lait and deicrmuio, all tlio vvlduncu in the
case, vvnother the ucfoud.int wiliully caus-d iho
■le.ith of Mirm .M iftumec eby ado lnn-terln|C jsibou.
Should you, Upon a c»r. fill consid ration and re
view of all the ev.denco In the cine, tied that the
dea.u of nrs. ctlunecho was cau». d by Prun c a. Id
« r hydrociunie add,or this iu connection witn other
Uon iu and deleterious drugs, or any utlier pilsoii
uuh uru r H, given to her by the piisoner, bat not
with tho intention to kl i, then n quealion may
arise,in this aspect of the ca e. whether the »»’;«» ner
is n <t guilty vfmvi lt appeals that Hie
prison r is t-Vuiy person who ent-t*
uto « learned pi ofession midertokea lo bn M' l 'l' l '
ekcriscollta r.aMiuable degree of vara and sUll.
A lawyer doe* not umUrtako that Ids client shall
Kuln his cause, nor d- ca a physician undert .ko ibal
ho Mill thru his patient; ior does tho law reqol.e
t. at bo huuil uso Hie highest p a-lblu degree ol skill.
ThcrtAuny bo po.sons who havoumu.o thorough
eil.'.c.tioo, bupu.ior mind, andtlu.advantage f la go
•expeifeuio, wuo o.lgm etloct a cure, when tb re not
pussetbed of so muen eklll and experleuee in fiht l» h
but tho In# roquhob ti.athe who uudertnk-bio pmj
liceus a physfikau slmll have u fair and ions indue
degree o! skill in the sci nee hepractlcM Ifapuiiy,
having a comp, lout degree of hmIII a- d ku vvled o.
mukesun occidental lu.e.ukoiu the t oa.ineiitoia
nailem, a ddeutnls ibctouscipimce, hois not guilty
of u.umdaiigi.ter. If a, or on.iotullj ignorart of tin
•cPuve of medicine, odti».nlaier»a viole.it a..diian
ccrous remedy, or U hondml. Uterp medicines of the
until.- of will h he U Ignorant, where proper uudb
cal OhPJalauco couul, at the lime, have been ea lly
procured. »cd death ensues In conse juonce of tue
Violent and dangerous tciceJv, or uictlionu adimnls
toiej I- lgnurai.ee of l«8 nature andeflecl, the party
would bo gnlliy of mauhlaugbtcr.
jf u inodicul man of oidlnury device of skill I i the
H- ence be pmoli c*. ado inlstrra a vi lent and dun
ce...us remeily wl h b nv9« ru-*hm-», and wt» out a
dun degree ol caution; ll h«*nctr recklessly tm J wuh
cnl Iha cireiim-p cliop and cun 1 i. winch a man of
•urd.imrj prudence woul i e-o«ti-e; U it Is adu.ii.i?
te.ed withgrospriwkh'esuessati.wan oune>»,wlth ul
that consider >t onol the • ousoquonce, or the effect it
might produce, w. ich o-dihary p.udn. co aiitlcaullou
would te tuirv, under these tircumstauce* if Uenlh
ensues .nco sequeo-oefadangerous reme ly having
qe «.. a a milii steied, then tuora.ty Wv-uid bo guilly
of mauaUughter.
-I’l'J- g ‘i*w pe ncipl •»o havest&ted lo tho prei
cnti sc. 11 juu nudthat U.sa SiluiioCmo's d«>lh w«a
caused by a violent i>bd daogeruua remedy* itniulf
ttrtd to ««r by the prisoner, not with the Intention
Bates for
1 will bo imtertod at Ten Ccnti
per line tor the Oral insertion, and five cent
per lino for each subsequent insertion. Qua?
lerly half-yearly, and yearly advertisements fc
cried at a liberal redaction on the above rates.
Advertisements should be accompanied by tfis
Cabii. When sent without any length of time
specified for publication* they will be continued
until ordered out and charged accordingly.
JOB PRINTING.
Cahds, Cibouuvbs, and every oth
'or description of Job and Oabd Printing execu
ted In the neatest stylo and at low prices,
of causing her death, bat by *a accidental mistak*
tbi q bo would nut Ld criminally resp tslblo—he
would not to an*w rabie for any enmo. On the con
trary, .ilia gay* tlia debated vlwlont and d«ogrrou»
meUtcib ,'wituout a competent ■ rdioary (Ugreenf
o n ||| io the iJd-ncoot medicine, but la gross Ignoraiip
ol too nature and effect of the medicine arludi.lMcred,
when proper medical aisisuncti woi ot band *m4
could hate been easily procured, then, undcrt-ch
clicumi.snccV, if uc«' u w.i caused by the medicine
thus admin.stored iho pn.onor would b« guilty if
tuunsl ugliter. .o too, if the prisoner, tuyiugi out
put nt skill and knowledgetopnuticvaaa physician,
uoied witu grits ash- maud recslesslesa, wl.hout
that-aro and cautlou width a person of common or
dinary prudence abuld observe, in admi
xlolvnt ami daug-rous mcdklue, and death wan
caused by such .ash and xocaless conduct of the
prisoner, unde dipso circumstance* he would be
gnnty of manslaughter
Thu remarks just made are only applicable to this
case, it you should comotu the <.ui>clusioD that the
pris tur crush! the death of Ml a otlonecae without
Intend] >l4 1 1 d > so} if, a» we Iwtuio »ald, hoadminli-
UinJ toilervi lrut,iUi.gcrji.BOi polso ousmedicine,
intending 10 cause her death, and doalb was the cun*
Kc.|ue ce, he would bu guilty of mm der of the first
degree. m
While the law Is careful to prevent persons from
tao perm* in physic so as to trifle «*ith buu.a<. life, It
will out hold a person ofgcno al ordinary skill 1 n the
cdcu u of dihlu 100 criciinady retp -nslhlc, altii ugh
he h,.s be<ll unlortuuato a n particular ca e, and
nmdu an accidental ml-take lu the treatment of hU
patient which iau.M> duath. tf, then fore. Dr.
ska eppe Imau competent degree of skid ana kuoal
. dga as n pbysU-inu but wai unf rtunate lu bis *
treatment of Miss Stinuccke, and nudo a u actldrntnl
mistake 10 li.s mode f treatment, be wouli uot be
guilty of any criminal otlen-o. And. aswebrf, re
s-ud it you eiuerthn a reasonable uoubt whether the
prisoner, by ad*ui Msier.ug viuleut and dangerous
in d clno. caused tbuvdctclu of oibs 8 im-fcku. such
r,KMiuublo doubt ought top.oducu an acquit al.
The o< ldu.au lu itiisNasu is circumstantial and not
poaUiva. /to one e w ti.o ptuonur gly» io tn« rie
c,dent any dnie or mi-dltiue. c«-•• om-nt y ah thu
evidence, f guut relied u•» u bj 1. mmouweahh
to produce a conik io./, la nrcunio. 1 ,
There Is ..n opinion enter alnedby s tuo and which
wo occasional!., beare pr seed, that no one ought to
bu coin ictcd > 1 a c plial «nmu on cm umaumtiuj uvi
uuncu. Tn.no, iuiou is erroneous aud m y ans from
a misiippiu eusiuu ol lh< tenn. C.rcumslantlal
exiduuce may buquitoars tismetory andCvii.lDdng,
an in buuiu vim s mure so, ha>> jodtivu«v.donce.
W lines esiunj be of uoubtiul character They may
sw.nr positively t iho laci of,kU log. and ms-,
bo perjured, or tu.y m y’ be ho .eatly mislak.r .
Ua» identity ol the poison; but where a dram of 1. - . .
nr. sworn u. by h number of witn 1 c« 01 n doub. i
ciculbllity p.lnuug with nuerr ng certain.y t '
guilt ot iltv accxivd, «nd ir-e oncllablo with uuy
reus Dubiu hypothesis of iuuoco.ee, this may bo
inure p» l-.acb ry man the tvidenco ■ t two or three
. ituesaes, • ho swo-r positively to tacts about which
they may bu mis taken or desl B uedly misrepresent the
The late chief Justice tilbso-i bo* M(d that hr
scarcely k..e« >.hether there wassuiba thing at
e«ul >.co pur. ly pofluvo and, to Illustrate the fal
luc> of thovpinlou cu crtal. itlbt tome, that no one
ought to lu .o, vie «.<! of a capital cinjo oo circuip
stn ,ti 1 cvimncv, (>IU the tallowing strong cmo:
* ion- o* man <lUch»tge a gun-t a other, you see
th- 6*sh.,ou Ue« vhe rep rt, you see thep rsoQt.ll
a Illness . i rpau, and you n.fer irom all tnose clrcmn
aiun.ts that th.ru w a u i all dUcnarged Irani (begun,
which «me ih! iliulkkJ. oml caused his oeath,bsv use
cUvli 1> ibu moral and uoturai *us« ofsucb a . effect.
Hut you dia u t see ihu ball tears the gun, paaa
tbruug.. Ibu al., a..d outer ihobouy i f (ho alaiD: «nd
your lU'tioiU .y <o ihu futol klill.g is tuereforoonly
iiihr □dal—iu oilier .ircum tauU.l it la
p. tslble line lu bull was .u the fc yn; aud wo infer
tiiut there a us. only b. can o »o cannot account foj
tbu uu .tb onim other suppo it oil '
Uo might put Buutuei taso of lircurastantial svl»
dunce: l* men aro seeti to enter a roo n alone,ox
ci.,daiio quarreling, the door I* closet!, and iuimo
olately therepuit ut fire-mtus Is hoard, the ruoo) ig
entered byoth.rs, uml one It found wl.h a pinto! iu
hi • hand,just discharged; nod the other upon the
hocr, in th n„yulc-of aiuth, with a hall th ough his
hiulu. Thl> to.woul-ibea case of circuu.stanllal
ovldut.ee. hut wo am strongly inclined tb believe,
that any mnu who could entertain a reasonable
donut of guilt, upon such evidence, ol hough chcum-
BUi.tlal, would b. betlci fitted fur a pioco iu alunatlc
a yluui than a seal In the jury box. Wo have given
thtauca.o to cutr<ct the u.ronoous notion, ih uld
any such exUt.n your m.nd* that no perso-i ought to
bo convicted ot crime on circumstanU 1 evidence, if
this idea U entertained ana acted upm by Juries,
crime must noc-s-arily ee<a,o punishment in nuuy
cases, and our citixeus will tuve .It le pr tectlon
from the Vtt.lencuof Iholaw.ca- nn l the vicious.
hut to Jusdfy a convict.o.i inn criminal case, the
evideu o, whether poa live or chcuniftantial, must
rutlsfy thi minds of the Jury to a moral certainty,
and beyond a icasonablo doubt of tbo guilt of the
accused
ni.cuß«.*v4
*■ a reasonable doubt” 1s a tom often used, proba
bly gouor.l y well uu ierstood, but not cosily defined.
“ a doubt, to work an acquittal, must bo serious and
substantial, not the mere possibility of a doubt,” be
causa every thing relating to banian affaiip, and de
pending on moral evidence, Is open to some possible
or imaginary doubt. It is that state of the case,
which, alter tbo entire compariropof all the evidence
leaves the minds oftho Jurors In that condition, that
they cannot say they feel an abiding conviction, to n
mural certainty, of the prisoner’s aullt. A doubt,
which Is caused solely by undue sensibility, in visa
oftho consequences of a verdict, is npta reasonable
doubt, hut when all the facts on both sides have
been fully examined, and every effort mado to ascer
tain their precise character and bearing, any reason
able doubt, finally ami permanently remaining on
the mind, from whatever cause, will Justify a juror In
withholding his assent to a verdict of guilty.
Tbo term “ moral certainty,” Is a quality or state
. f i■ i „ - . i. ~ ■- _ 1m l—•> mm t« more
eflsdy conceived than defined. An eminent Jurist bo*
defined It thus: “A certainty that convinces amt di
rects thou deretnndlug, and satisfies the reason and
Judgment of thoau who aru bound to set conscien
tiously upon it " i» guia It in said U» be V that tlvgvca
o asuarancu which induct* & man of sound mliul to
net without doubt upon tho conclusions to which it
leads." Another author bo>b: "it la a atata of Im
pression pr oduced by fyctu, which a reasonable,mind
feels a Bi.rt of c. erclou or noccaslly to act to accord- 4
mice with !■; the conclusion preauuted beingone which
canno., morally speaking, bo avoided consistently 1
with adherence to tho truth ” \
You are not ul liberty to disbelieve aa jurors, if you \
belli'To as men ; that is. your oath imposes on you nu \
obligation to doubt where no doubt wotjld exist if no \
oath huti been administered. \
If vou entertain no roasonob'o doubt, as we havo \
explained It, oflhc prisoucr’s guilt, you ought to con- I
vict him Hut if. either from want of satisfactory I
evidence of guilt on part of the commonwealth, ui I
from n conflict between tho ovldenco on part 'of (ho ]
common ealth and lie defendant, you arc not satis- .
fled, to n moral ccrtn nly, and boy ud a reasonable
doubt, of his guilt, ihon the law requires you to acquit
him.
no havo ea’d that upon tho indictment you may
convict the prisoner of murder of the first degree, of
murder of the second degree, or of voluntary man
(diuightcr.
Our opinion is tint there is so evidence (hut would
justify u conviction of murder «T tho second degree.
If the prisoner wilfully caused tho death of « Iss
StUmvckeby poi on, ho won dbo guilty of murder of
tho Hr t degree If without tut- tiding to causudoalh,
ho administered da. gorous, violent and poisonous
medicines, with gross raslu-css and recklessness, ns
before stated, be would not bo guilty ofmuider of the
second degree, because malice would <fl wanting,
which is essential to constitute that crime; but h<>
would be guilty of voluntary u anslangUtex
The prisoner is n w, in tho language of your oath,
given to yon iuclmrgo. tils '•aso 1- in yourhands,
Give it your very deliberate, culm and solemn consid
eration* Guard yourselves against «ny prejudices;
give to thudutundunt tho benefit of the presumption
of innocence, until guilt iscleurly proved, and of
every raiiou I doubt; and so discharge your duty tef,
the coiutnouweulth, to the defeudant, and t»y-ur
r elves, that you will enjoy the pleasant reflections of
nu approving conscience.
Tiie jury went out at one o'clock,
and at live o’clock notice was sent to
the Court that they had agreed upon
their verdict. The prisoner was
brought Into court, and shortly after
wards the jury entered tho box. The
clerk of the court then asked : “ Gen
tlemen of the jury ; do you find tho
prisoner, Paul Bchoeppe, guilty of the*
murder and felony wherewith lie
stands charged, or not guilty." The
foreman' reported "guilty!" The
clerk then asked " guilty of what?"
aud tho foreman replied “ guilty of
murder in the first degree.” Each
of the jurors was then asked the ques
tion separately, and each rose In his
place and answered “ guilty of mur
der in the flrst degree." The verdict
was then recorded, and the clerk
said: “ Gentlemen of the jury heark
en to yaur verdict, as it elands re
corded by the court, in which you
say that the defendand, PaulSchoep
pe, is guilty-In manner aud form as
he stands indicted.”
Tho prisoner was very pale when
brought into court, but after the ver
dict was rendered, seemed to regain
his usual composure.
Mr. Miller gave notice on the part
of defendant's counsel, that a motion
would he entered for a new trial, and
the prisoner was removed lo jail.
Willing to Acknowledge.—There
was an amusing scene on board the Lou
isville mailboat the other day. Tuere
was the usual conglomeration of passen
gers In the cabin Just before the boat lan
ded, and mid the general hubbub of con
versation a man remarked, incidentally
—Now, in New Jersey where I live—”.
Instantly an old man, who bad sat
moodily and silently pondering by the
stove for sumo time, sprang to his feet,
and exclaimed—
11 Stranger, arc you from New Jersey
“ Yes.’’
“ Yes,sir; proud ou't.”
“Hurra; give us your hand!"ori(d the
old man, fairly dancing with exuhaton.
“ I’m Irom Now Jersey, too, but never
lell like declaring it afore. Shake ! I’m
and old man. I’ve traveled long and far.
I’ve been in every city In this hero West
—steamboaled on the Ohio and Missls
slnpl—been to Calliorny. over the Plains
Ud around iho Horn; took a v’yago
ones to Liverpool.