Bradford reporter. (Towanda, Pa.) 1844-1884, November 23, 1871, Image 2

WIRE
fradford ttepotter.
ZPITOUSs
0:600D11,1C11.8 1 W. ALVOKID
1 , ,
:Towanda; Th;dsclai,
r,
MI6 CONNOLLY has finally resigned,
the Controllership of Him! , York City.'
and A. H. Glum lum been appointed
his successor.
Jar-After many dayii of BILIiiOIIS
waiewng, the Russian Grand Duke
Agra, has arriviid. He was received
in New York on Mondily.
_ea: LEMUEL G. WinTs; the
. cele:.
brated elocutionist died at his resi
dence, in Philadelphia lon Saturday
evening.
.= He was 79 years old and
Lad been the teacher of some of the
most prominent actors and profess
ional men in the country.
• -
AS-Collector Muspur of New York
has resigned. ,The Gni.= wing of
, tlie Republican party in that State
has been making war upon him :fiir
some months *past. In accepting the
resignation,President Ga.urr sapress-,,
es his unqualified confidence in Mr:
MURPHY. Gen.. Cluzsirt A. Arrant
has been appointedlo . 11 the vacancy.
Cl:l3l.—The cable asserts that Spain
has. dispatched additioial troops ' ' to
Cuba to put down a re bellion so of
ten extinguished and revived that it
seems to have beco'me 'chronic. And
in this connection tbere is an imprt
ant notification from- :Washington ;
that the Administration has instruct
a-our Minister at Madrid to demand
from the Cabinet 'of 1 Amadeus the
performance of an earlier promise,
that the same rights should be ex
tended to Cubans that other citizens
have, under the alternative ofinter
ferring to secure this end. The prof
itable demand isahaf_l Cubans inno
cent of complicity in the insurrection
\
shall. not be outraged I is they have
been.
tier .A convention ' - 'f GOVernora of
the New England 'and Northwestern
States will be held at petroit on No
vember 27th, for the purpose of pro
moting the construction of a contin
uous water and steam navigation
route from, the •liissisSippi 4o the "At
lantic ocean. •It is proposed to ex- .
cavate a ship.canal around the Flails
of Niagara, and the routs then pro
ceeds by way of Lake Ontario, the
river St. Lawrence, Lake Champlain
and the Hudson river, to the harbor
of New York. Congress is td be pe
titioned to make apPropriationS for
this work, and to - regulate the rates
.of toll and transportation.
' Henry Ward Beecher deliver
ed a sermon in his chnrch, in)Bfook
lyn, on ,sunday evening
. last i ,
stirred up the people to a red hot
heat, on the perils t? 'honest and free
- government by the neglect - of
politi
eal duties, by the hest masses of
_ the people. In the late election they,
the honest, good men; of the coMmn
-
nity, neglected their duties, andlfraud
and rascality triumphsd in Brooklyn.
In New
.York city they took I hold,
and the forgers and plundererii were
driven from theii high p!aced and
'the honest men of all paities are
uniting to put down cheating alt elec
tions and municipal IrObbeiy. I Mr.
Beecher's remarks will tend !to the
same resting in Brooklyn, and when
the Legislature-shall 'give theb the
relief asked kir we may expect an
honest election in 4rooklyn. : , •
1:41. The New York, Her — aid isnquot
iug scripture to the Democratsi
- Yes, the "wages of sin is d l ath,"
and the Democratic party has abut
ed. Since 1859 it- haSI stood in-hos
tile opposition to the , ,only political
policy, which could preSer_ve
.the life
of the nation. When peace was sYn
onympus with ruin. it contended for
peace. When our Government was
struggling with treason, ''the Demo
cratic party-was neutral in the con
flit Or openly' aiding the enemies of
the people. When the fires of trea
son and rebellion , w ere ) quenched,
that party busied itself to stir up the
dying embers and, revivify the flame;
and, while a loyal AdMituatration has
striven to restore harmony, propote
prosperity,. maintain the peace, and
Vindicate the honor; of the country,
the , Democratic party has been equal
ly industrious in its efforts ti.decry
the integrity of -our purpose and
thwart, if possible, its fulfillment.
•
1111113ASID'S LiiIIIILITr . " . "
• _
' . The prevalent .opinion that,:alhus
- band is legally liable for all bills, of
_ whatever nature, thatl.his wife may
contract, w . as not sustained by Judge
Thayer, in Philadelphia, on Wednee.
last. In a case in court the: Judge
decided in favor of a husband who
,- had been sued by a dry good firm for
a debt contracted by his wife. De-„
fence set up that defendant furnish
ed
his wife with an staple supply of
• necessaries. In the course of his
• Charge Judge Thayer. said: "It is a
_false andfoolish notion for trades
people to entertain th l at a husband
is bound to pay all billl contracted by
his wife. No such m nstrotuP doc
trine is allowed in the aw. Trades
men 'must ascertain th faCti and the
true relation of man ad wife before
allowing ,the latter to run
be up bills
12 :1
' which he is to look dto to pay. "
Cepimenting upon thi exposition of
11\4, whicifiought to be more familiar
,
thana it is, the Philadelphia Record
thinks that when tradspeople,come
to distinctly.understand it aaT very
sensible step will have been: sworn
plished towards reform in the wan
ton extravagance and ruinous folly
. which, , under the meretricious im
pulse of the stupid ;despot called
..- "fashion," so !wastes t he i substance,
mars the manners , IdeformS the per
'sons, degradei the lizorels and !reeks
the happiness' pf uzyritid households
and individuals, , not j: o only in this
community , -bat th .ughout - ' the
•
country,
1 1
The Ward Triat:
'faail/tad firom Four7i l'age.)
To Mr. Hakes : Witness refused to
answer whetlur or not there.
_were
meat/ by which, one Mason may
ktioli- another. Being directed :by
the Court, the witness said ;there ?
teem such means ; witness belongs to
the Keystone Lodge of New IYork
city; went to the Means Houser - after
the death of Shader; returned to Mr.
Ward's house when they held the
post mortem , examination; post mor
tem *as held early in the afternoon;
the post -mortem was held in the
same room in which Shader tidied;
witness himself NVeht for an under
taker; witness left Towanda on the
third day after the post mortem;
didn't go back to Mr. Ward's house
after the post mortem examination;
don't think had any interview with
Mr. Russell, the insurance man ;
didn't use the words " damned prat,,
ty friendship," nor the word " damn
ed" at any time.
To. Mr. Little; At the time of taking
the deposition. Shader did not use
these words, "this scuffle was in fun,
but it was pretty rough;" what Sha
der stated Of this character was not
-ply _to a question; Mts. Ward
' ' , as not present when this statement
was made by Shader; was present
when Mrs:Ward came in; heard her
question; the , word " murder !' was
used; her manner was very excited,
and if she was not actuaMy crying
she was very near it, a kind of sob
bing; she said : " Wesley, do you
Mean to say that Harry intended to
murder you ?' the reply : was, " No, I
never said so;" do not recollect hear
ing Mr. Oveiton speak to Mrs. Ward.
The counsel for the Commonwealth
offered in evidence the letter written
at the dining room table of Mr.
Ward by Mr. Shader, which is as fol
lows : • • .
ov. 23,187 h
C. T. S3rrru, ESQ.—Deaf Sir: Please
send overshoes and carpet bag, and
clean shirt by the bearer. Please
take out the amount of my breakfast
and washing from the enclosed, and
send balance by the bearer.
Dr. .C. K. Ladd was re-called.
To. Mr. Little : The effect of a gun
shot wound is not generally imniedi
ate• the fainting would not occur im
mediately, it would come on in a
very few moments; there was no bed
clothing over Shader when' witness
first went there; lfis boots were -eon;
all \ his ordinary clothing was on at
that time; witness attended Shader
on the night that he jumped out of
the window; was there_ once in the
evening, from eight to ten o'clock, on
Wednesday morning Shader jumped
from the window; on Tuesday even
ing Shader was very uneasy, clawing
his hands \ into the wound so much so
that they had to be held; his pulse
was very high and his head hot, giv
ing evidence\of approaching dissolu
tion; thinks the questions were not
answered intelligently; he would for
get them; ho looked about, asking
about the doors here and there,
where they went' o; don't think giv
ing him liquor wOnld have a serious
effect either way; told • them that
night that whatever he called for -to
give him.
To Mr. Peck : Hav not had much
experience in gun-shotWOunds; have
seen quite a number of thenA obser
vation is that the shock comes on al
most immediately after the wound ;
never got to a man witho4 finding
his feet cold after an injur of that
kind; if there is a great deal of bleed
ing or a severe shock of the nervous
ey'stem,. unconsciousness will ensue
without an injury to 'the head; if a
man gets a severe shock• or injury,
faintness to some extent always • fol
lows; a person who has faintbd away
the pulse becomes very feeble, per
sons iu excitement might not detect;
the breathing is-subdued and feeble,
face cold,-extremities cnld, surface of
the body cold and clammy, general
appearance the aspect of death; per
sons wounded might 'walk off 'very
lively, not wiles; but quite .a distance;
stimulants and anodynes" :restore
fives, are usually applied td wounded
people; taking stimulants before - a
wonn,il to a great extent would oven
come the effect—the natural effect of
the shock, and would be equivalent
to restoratives -applied afterwards ;
vomiting and retching would increase
the disposition to faintness; if- the
entire eftect of the stimulants had
been thrown out of the system, it
with the shock would have produced
the faintness; think it was some ten
or fifteen minutes before _deceased
showed much consciousness; at first
he failed to swallow, but after a short
time he did swallow quite a quantity;
didn't administer any alcoholic stim
ulants; it is the practice recommend
ed generally to -use alcoholic stimu
lants where a person is injured, not
in the head, but witness has never
resorted to them; morphia is consid
ered the best stimulant, used for per
sons suffering under an injury; it is
the opinion of the profession as well
as of the witness; in the condition of
fainting all 'the vital power's are ,de
_pressed, absorption among the rest;
the stomach is one of the great ner
vous centres; from the mere presence
of alcohol, in the stomach, it is sup
posed it radiates over the system and
revives the other vital powers irre
spective of absorption; the
_applica
tion of cold water on the head of one
in delirium would relieve him • the
administration of alcoholic stimulants
would increase he symptom* when
persons are suffer ing from delirium
from ezhaustion, it is the general au
thority to 'stimulate; visited Mr. Sha
der on Tuesday evening; was there
most of the time-between eight and
ten o'clock ; saw him again next
morning as soon as seven o'clock;
didn't know that anybody had ad
ministered stimulants to him.
To Mr. Little : Did not authorize
the administering of liquor; in the
conditioi of Shader's stomach vom
itingmust result - very soon after th
wounding; the act of vomiting would
increase the dispoSition to faint.
To Mr Peck : If the wound was in
•the stomach the wound would tend
to proStrath - the powers of the stom
ach td eject its contents; after the
system had rallied the stomach would
resume its power ar,d expel its con
tents; expelling thti - contents - of the
stomach would - tend to relieve the
system, further restore consciousness
and get rid of a source of irritation.
Thomas-R JOrdon was called as a
witness on behalf the Commonwealth.
To Mr. Little : Resided at Towan
da in February last; knew Robert
McKee at that time; MCMee had a
conversation with witness in regard
to Mr. Shader's death and the cause
of it; it was while Mr. Fanshawe and
his wife were guests at witness'
House; keeps the Means House; the
,eonversatiou was after Shader's
death; this was at the west end a!
the Means H >usp, on Bridge street;
Mr. McKee said, " This is a sad at
fair;" witness said, " a. sad affair
.indeed;"' and added, there area num.
STUDER'S LETTER
W. E. SHADEIL
- I
ber of reports about it,and witness
didn't know whether he I had got it
right or wrong; witness said, "I
would las to know the • • • so that
I n • go myelin •vd
it;" : wiid; "he • ••• :said
nut& 1t... It s btit asy to ,
witness, that there was no doubt
bout his murdering WM deliberate
y;" said witness,!How do you
know ?" The reply was; ‘‘ I was
there taking care of Shader all the
time nearly; " McKee said that Sha
der had' told him so.
To Mr. Hakes i &called, what the
war e.un of McKee coriveyed .to hini;
have got the words Its near right as
a man could get it; thinks he had a
conversation with McKee twice upon
this subject; the• other conversation
was some time previous to this;
might be three or four or four or five
days previous; have had a difference
with and unkind feelingsi toward Mr.
Ward.
To Mr. Little It wail after Mr.
Shader's death that Mr; Fanshawe
and his wife came to t4e house of
witness 813 guests:
Mr. Robert McKee was recalled by
the Commonwalth - for the purpose of
further cross-examination.
To Mr. Carnochan : May have said
to Mr. 'Record the first two or
three 'days of Mr. ShOer's being
wounded, "No doubt lit was a
wilful murder, for Shader told me
so; " did not say "no dOubt it was a
wilful - murder for Waid went up
stairs, got a pistol and shot; Shader
told me so," nor words to that effect;
never told Record such things after
the Sunday night after he was shot..
Henry Harris was also recall
ed by the Commonwealth for further
cross examination.
To Mr. Carnochan Never said to
any person that in reference to the
Itter witness wrote for Shader that
it was so much mixed up witness
*rote what he chose. did not say this
to Mr. Drew nor any one, nor words
to that effect.
J. A. Record was called by the
Commonwealth for examination and
rebutting testimony.
To Mr. Caniochan: Know Robert
McKee, had conversation with him
in reference to this affair in March;
it was a little north of Codding and
Russel's hardware store on Main
street; had heard of Shader's jump
ing out of the window; witness had
been called upon to help carry Sha
der into Manville's; IMcKee said
first "it was no doubt a wilful .. mur
der;" witness asked why he
thought so;" McKee said Shader said
Ward pointed the pistol at him, said
he would shoot him add did shoot
him.
To Col. Elhanan Sm4h: First told
this to the ear of the prosecution last
evening; spoke of it Vphmtarily to
Mr. Dodge when heariiitg McKee tes
tify.
W. S. Drew was recalled by the
Commonwealth for further examina-
tion; and to rebut testimody offered
by the, defence.
To r. Carnochan: Knows Henry
Harris; heard him speek of writing a
letter for Mr. Shader.tb Miss Wiehl;
be said, "Mr. Shader requested him
to write a letter to Mi3s Wiehl and
told him what to write about, but it
was gi . mixed up that ho wrote what
he chose or had a mind to;" don't
reccollect which Pentium he used ;
witness asked, "You read it to Mr.
Shader did you nott' Harris said,
"I sent it off without.;
To Col. Smith: Th' conversation
was before Mr. Shader,s death; think
it was after witness got acquainted
with. Miss Weihl; Harris introduced
the conversation; Harris did not say
what he had written; l did not tell
when he had written it; did not tell
witness it was one in answer to one
Shader had had from Miss Weihl;
was'not quarreling with Harris for
writing to Miss Weihl; did not tell
Harris witness had written a letter
to Miss Weihl, nor that he, witness,
was going to; first told what - have
testified to to the prosecution last
week, Friday or Saturday; told it to
Mr. Decker o:-Mr. Carpochan • they
were at their room at the hotel; have
1
not been rooming wi Mr.. Decker '
or Mr. Carnochan d ng the trial;
may have been Conte 'ng with Mr.
Fanshawe intimately uring the tri
al; been in attendance steadil y dur
ing the progress of e trial; have
spent most of the days and evenings
in Faushawe's apartm nts at the ho
telam what not in aitte da nce at the
Court Room ; had n conversation
with Miis Wiehl in egard to this
conversation; have nversed with
Miss 'Mehl about this matter; may ,
have said in Athens that he (wit-
ness)corddlestify to e ough to send
Mr. Ward to the. pe lentiary; did
not. meet MissMiehl Towanda and
have a conversation 'th regard to
this trial; nor at Watkins Glen; met
Miss Wiehl at Wilkes erre and talk
ed with her but not n reference to
the prosecution; ha Conversation
with her upon wltUt= occurred at
Ward's house; may possibly havb
had a ,conversation 1 with her upon
thnsame subject matter at Elmira;
had no conversation With her in Wat
kins Glen or in New York City on
the subject matter oil this trial; don't
remember that when witness and
Miss Wiehl were traveling in the cars
any= conversation Wok place between
them concerning . the prokecution;
have not written or 'mewed letters'
to or from • Hiss Wiehl . directly con
cerning=this prosecution; became ac
quainted with Hiss Wiehl at Mr.
Ward's house the last of last Febru
ary.
To Mr. Carnotlhan:. Witness' room
at the hotel is with ;Mr. George M.
Shader, and their bed -room opens in
to a common sitUng-rOom with Mr.
Fanshawe's room; have not partici
pated in the plans dr conferences of
the, prosecution. 1 . -
To Col Smith: There is a parlor
and two bedrooms out of it; witness
and Mr. - Shader occupy one and Mr.
FanShaive and wife the other.
o Mr. Carnochaii: s herd under
l subpoena, and is not yet excnsed.
. To M. Piatt: would not have come
unless ho had been subpoenaed. . -,
William S. Vincent was called on
the part of Commonwealth.
To Mr. Carnochan: Lives in To
is cashier 'in Mr. -iMercur's bank;
know Mrs. C. B. Porter; saw her the
evening of the shdoting on Main
street ut thwfoot of the hill; she s4id
to witness that Mr. W ard
_ called 4er
up from bed and said that a man had
Shot himself at his hduse; told Clark
POrter this the same evening.
To Col. Smith: Mrs. Porter was
very much excited; she stopped and
tad: hold of witness.l
Henry Frinks was;
rebutting testimony R
wealth.
, . To Mr Carnochan
wands; was present '
Ward came in and hi
sation with Shader.
The Court refused,
testimony that this
brought to give.
Hiram Taylor was
part of the proseetti.
To-Mr. Carnoeham
Shade? during the whole ofthe night
when Squire Bogart and Wdbridge
had a conversation with Shader ;
didn't hear fignirt Davit% testimo
my;,Witnese tont Charge tilf
cane *noel of thii ; fly *Cs do-e
When an atiuninetion was made at to
the ball, when' Shads, wee awned
ever; heard the citation - asked by
/fr. Walbridge as to • whether it was
intentional; should think Squire Bo
gart was present when lunestion
was asked, but won't toe te; am
not certain that heard is *rumen
heard Squire Bogart ask ec - number
of questions; Mr. Walbridge asked if
he thought Ham intended to_ shoot
him; couldn't say that heard Sha
der's answer, was sitting by the bed
in a chair when these questions were
asked; was within reach so thatcould
give him food and drink; Shader an
swered no questioni that witness
could hear or recollect of bearing ;
was in the room all the time that Mr.
,Bogart was in the r000m; from po
sition witness was in, he - would have
heard the answers, of Shader if he
had made any. •
To CoL Smith:. When went out
during• the night, went to see Dr.
Ladd who lay on the lounge in the
dining room; was not out frequent
ly:, Dr. Ladd prepared the medicine;
might have been out five or ten
minutes three times; went into the
kitchen to see the vest and the ball
hole in it; Mr. Bogart was with wit
ness; only - went out for the medi
sines; others went for the ice, &c ;
very little was said during the night;
was not engaged in conversation;
Shader might have made answers
and witness not heard them; it would
be hard to remember all that was
said there that evening; Squire Bo
gart asked him questions at different
times; first I soon after ho came in;
not far from ten o'clock; Shader lay
on his back near the centre of the
bed; Squire , Bogart stood a little to
the left of the foot of the bed; don't
think; Squire Bogart has any min
utes; he asked the question and
stepped away; the next time he put
questions was from twelve to one;
couldn't• fix on any other particular
time when Squire Bogart questioned
him. - •
To Mr. Carnochan: It was not la
ter than twelve or one when witness
went out to see Dr. Ladd and get
the medicines; impression of witness
is that these questions were asked
about the time of the examination
and measurement ot the wound.
Samuel Walbridge was recalled
by the ComMonwealth. .
To Mr. Carnochan: Heard part of
Square Bogart's testimony; he asked
Mr. Shader if it was an accident; the
reply was "too long to tell;" no oth
er reply but that to the question; the
qdestion precisely waa, "if he thought
Henry Ward meant to` shoot him ?"
to this Shader made no reply.
EIGUTU DAV/ raoccEinsai ODSTIIitED.
Toiansxsocailkior. 14, 1871.
Samuel Walbridge's rebutting testimony eon
tinned : -
To Mr. Can:iodise, on the part of the Com
monwealth ; witness has stated all the, answers
that were given by Shader; was present at an
interview between Mr. Ward and !Mader; was
present at but one interview; thus was on San.
day night; Mrs. C. L Ward was present; Mrs.
C. L. Ward-Said, "Mr. Shader do you think my
son intended to shoot yen?" Mr. • Ward -never
said a word; Mr. Shader said to Mr. Ward, "I
have made 1113.4taterrient and I forgive you ;"
was present in the evening of the shooting
when Clark Porter asked Shader questions;
Porter asked if it was an accident ; Shader turn
ed highest!! a little and said, "Oh, nor
To Mr. Piatt This was certainly on Sunday
night ; Mrs. Ward was presen,t ; about Ave o'-
clock ; this was in the bed room whore Shader
was ; , think Henry Merril was standing
in the hall; don't know as there were any other
persons present; Dr. Ladd was not there; wit
ness was sitting on the bod; Mrs. Ward stood
leaning over Mr. Slimier; the glass doors were
open and Mr. Harris stood in the ball ,• Clark
Porter's question was asked when Shader ras
lying on the stretcher ; Mr. Taylor was there,
Isidore Solomon and John Knox r Mrs. Porter
might have been there; didn't see Hannah
Cranmer ; John A. - Codding and Harry Streeter
were there ;Di. Ladd was there; Clark Porter
was close by Mr, Shader, and witness stood
near them both ; don't recollect that Mrs. Por
ter was there at that time bathing Shader's
head ; John Knox stood about two feet on the
north tide of the stretcher ; Knox was not so
near to the stretcher as witness ; remained
there about a minute after the question was
put ; left acid went out of the room ; question
was asked ten or fifteen minutes after the or. ,
eurrence; there was a state idexcitement there.
then ; have manifested no feeling in regard -to
this matter ; never had Inv hardness with Mr.
Ward ; turret spoken to him nor ho to witness
in fifteen years ; went there at the request of
Mr. Fox and Dr. Ladd ; presumes that there
were other people in Towanda besides witness;
nerertried to prevent the meeting of !Mader
and Henry Ward; witness nover"stated to or in
the presence of Col. Piollet or Mrs. C. L Ward
that hi could not remember the incidents that
occurred at the house during this time. •
To Mr. Littlg : The answer witness made to
Mrs. Ward had reference to another transac
tion. not at all with regard to the shooting ;
when Porter asked the question to which Sha
der answered "Oh, no, Porter raised his grins
and cried out, `i":/h my God, Harry!"
The Court
adjourned to seven o clock.
Mr. George*. Mader was recalled on behalf
of the Commonwealth.
To Mr. Carnochan : Was present at the inter-'
view betweenlMr. Ward and Wesley Shader,
spoken of byl, Mr. Walbridge and - Mr. Harris ;
they were in the room, and Mr. Porter was in
some part of the room ; Mrs. C. L. Ward might
have been in the robin; witness couldn't locate
her though; didn't hear Wesley say anything
that he could understand or recollect of. This
was on Sunday evening ; never present at any
other interview between them ; something was
addressed to the prisoner by Shader, it was "I
forgive you ;" that was al witness heard dis
tinctly; at this time Henry Harris was back of
witness and Mrs. Fanshawe was between wit
ness and Harris; witness was as close to the
bed as he could get ; Harris was farther sway
from the bed than witness; Wesley 'spoke very
quick and turned his head over as if exhausted;
he did not speak loudly; at other times could
merely hear a whisper, could not understand;
Mrs. Fanshawe is at the hotel ; delft think it
prudent for her to be out. -
To Col. Smith : Mrs. Shader might have been
in the room ; cannot locate Mrs. IVard In the
room' had been in the room but a very. short
period when Ward came into the room ; went
to the Library and returned with ward ; Samu-
el Walbridge was in the rocrm, 'Harris might
have been when witness loft the sick room to
go to the-library ; when left,the sick room
couldn't say whether there ws any one left
there with.Wosley or. not; it was unwell be
tween witness and Wesley that witness was to
return with Mr. Ward ; went for Mr. Ward at
Wesley's request ; when witness walked first in
to the room and up to the bed, Wesley asked,
"Why don't Harry come and see me r bad no
difficulty in undendanding this expression; wit
ness replied that Mr. Ward was waiting in the
Library for anzpportunity to see him' knew
that Harry wail waiting to come and see Wesley
because had seen Harry in the dining room;
think had a conversation with him about it;
should presume that he expressed a desire to
see him ; couldn't tell what was said at that
time; Ward had ewe:teed 6 desire at different
times to see Wesley ;, Mr. Ward walked with
witness to the sick-room; the first and last
word Wesley spoke distinct enough to be un
derstood was, "I forgive you;" did not hear
Mr. Ward say anytlung ; witness was pietty
close to Mr. Ward; Mr. Ward was leaning on
the bed partially when this was said; at this
time they did not hare each other by the hand;
when Mr. Ward rose up to so, he saw Wesley's
hand on the bed ; Mr. Ward took it, held it a
moment and left the room very suddenly; Mr.
Ward seemed somewhat affected when Wesley
said "I forgive you," Wesley was somewhat ex
cited_; don't think that witness left the ro ot'}
soon afterthe shaking of hinds; witness' inr
pression is that Mr. HAM/ left. the room with
Mr. Ward ; didn't see there after they left the
next mom or hall; Mrs. Fanshawo went in with
witness when he went in with Mr. Ward; thinks
Mrs. Shader came in a little after his daughter,
-Mrs. Fanshawe.; they were present in the room
- and by the bed when Wesley said the words
" forgive you ;" witness told Mr. Ward if he
went into that room he must keep perfectly
quiet, that Wesley was very weak; Kr. Ward
promised to do so; this was the first Interview
Mr. Ward had with Mr. Shader after witness
got.there ; lie got there a few minutes past
twelve.
To Mr. Carnelian: This was the only inter-°
I view between Ward and Sliqder at which wit
ness was present. Ira. Shader is at home;
should not think she was able to be here by Soy
means; she is nervous; Mr. Walbridge at this
between Wesley sad Ward sat on the
To COL Smith : Mrs Shader is not ander the
doctor's care ; some days she is able to be about
.her horse and about her work and others not;
an old lady who has lived with them for a num
ber of years is with her ;no one else; she pos
sibly might have beennble to have stoxl the
ride here on the ears.. - -
To Mr. Carnochan : Oar home is in Livings.
ton county, Now York.
Frank Stevens was called on the part of the
Commonwealth. .
To 31r.:Carnochan : Lives at North Towanda:
knows John Knox; had a conversation with hhn
in which he stated what Shaderraid to him as
called on the
r,the Common-
Resides at To
hen Mrs. C. L.
some conver-
to • receive the
witness was
called ob the
n, . -•
Wai with Mr,.
EVENISU SENEIION.
to whether or sot Ward intended to shoot him
;
thick Koos said K was one night when he and
Walbridge were sitting ap ; didn'tstet
night it wee with software to the
roim a rsalidge Vie itrodild.
To. .ibmill4llll' UPI
:teal sip_ella on Ste `
night d
the
Squire ma then
KDOZ dubs& Maw ado
moo's ;
_Kau said th at be that Kr.,
Ward intended to shoot Shader,beranse Shader
had told him so; Frank Stevens and Dorn if
were present; Rao: said Shader bad told
him an the lint night after be was abet.
To Col Smith : /dr. Stevens commenced the
converssikin about this affair; it was the drat
'night Mulder was shot • they were at the barn
shoe* after Shader'shi mk not 1310f11 than two
er WWI aye Sififeiris Mr. Raft t
can't give the substance of the question ask
ed by Kr. Stevens; can't say whether it was a
ton question or a short one; it was in the day
tiros and in the barn ; Knox was cleaning off a
bons on the door ; Stevens and Rutty were
standing near Knot; witness was sltt? on a
hot 'bur tor five het from them ; was Riling
as he sat on the box ; didn't pa muck: ttentkin
to the talk; can't tell the ametancethat
brought It to his mind; it was here since this
court commenced; didn't make much impres
sion on his mind. nor It hasn't since ; can't say
when he, communicated it ant; no one has ask
ed witness about it; have no recollection of tell
ing any person about it; Knox didn't sit up with
witness towards the last of the sickness.
Frank Stevens was recalled. - ,
To Mr. Carew-hen t Was present,at the con
venation in Solomon's barn; witness asked if it
was done accidentally or on purpose and Knox
said Wirth on purpose for Shader had told hbn
so.
To Col. Smith Thita all that witness wants
to testify to-night, that Knox said Mr. Shades
told him so; never told it to nobody not till to
n.ght ; did not know what was stibpcensed for,
snbped either three or tons weeks last Bator
day ; told it the same day ; don't recollect who
told it to; hadn't told it from tbe time That
Knox told him until he was subpomed ; didn't
know Knox was to be a witness ; Mr. nutty.
spoke about it to witless; Es
.and' witness did
not compare notes ; didn't refer to it ; don't
reeeollect what talked with Walbridge about ;
addressed question to no ono; Knox answered ;
am certain mentioned Ward's name; don't re
member what was talking about.
Ezra Betty was called by the Commonwealth.
To Mr. Carnochin : Was present at the con
versation in Solomon's barn;Knax said it wasn't
an accident, that Mr. Ward had done it a pur
pose, Shade' had told him so ; that Wal
bridge was present with him.
To Col.. Smit h -: Have answered all that was
asked. Slovens bad asked bow it happened ;
Knox's reply was that it was not an accident ;
Mr. Shades said he dose it a purpose ; consid
erable more was said ; talked about other mat
ters ; witness didn't put any question to Knox ;
was talking with Wabridge some of the time ;
we were there close together; told of the con-
venation about four weeks after it happened;
Frank and witness have talked the matter over
a little ; witness had asked Frank Stevens if he
remembered tho convened= ; Samuel Wal
bridge' asked witness - to ask Frank Steven/
have not taken an active part in this matte ;
live at North Towanda ; did not take part in n
indignation meeting; have talked some in "this
matter ; have n o t manifested or felt considers
ble in tenet in' prosecution. c „:
To the Court: Mr. Walbridge was in the barn
when witness went there; did not know he was
there.
John Griffin was called by Um ComMen
wealth.
To Mr. Carnochan Resides at Towanda; was
living at Mr. C.L. Ward's at one time Wheh Mr.,
Shader was there; was hying in the same house
where prisoner lives now ; he lived there then;!
Mrs. C. L Ward was livjag there at the; same ,
time.
The defence oNected tetbe evidence offered
by this man.
The Court hero - adjourned tol nine o'clock
Wednesday morning.
sirriz DAT'I3 PILOCSIEDLX6.9
Tuszaiicaocs, NON. 15, 1871.
The Court sustained the objecticn of the de
fence as to the testimony offered by John Grif
fin, last evening, and
Mrs. Mary Fanshaw was recalled on behalf of
of the Commonwealth.
To Mr. Carnochan: Recollect a conversation
between Mr. Ward - and Shader on Sunday oven
was in the room at the time; Samuel Wal
bridge was sitting on the right band side of the
bed fanning Shader, on the left hand side stood
Harry Ward, George DI. Shader , witness, Mrs.
C. L. Ward and Henry Harris; Robert McKee
was sitting in theli t i \ ag chair quite a dis
tance from the bed; it eNis was at the side a
little to the front of He Harris who inclining
forward; think witness and Harris were about
be same distance from lAnry Ward; Shader
said, "1 forgive yon;" couldn't understand only
those words; Henry Ward warn leaning over
Studer; these words were in a whisper; tie turn
ed his face front Henry Ward whdn heered
them, towards Samuel Walbridgii; this inter
view was Sunday evening; thinktf betw een six
and eight - o'clock; didn't have another interview
to knowliAge of witness; first one after witness
reached the house; was in the house Monday
morning; don't remember that Mr. Mcgee was
there; Her ry Ward was there; it was ,early in
the morning, between five and seven; Was in
the room all the time Ward was there; beard
what passed between Ward and Shader; Ward
asked if he was in much pain; Slimier; replied,
"pain, I am in pain all the time;", there Was no
Other interview that witness knows of that
morning.
To - ttie Court: Couldn't say the exact timesbe
wits in the room no one was in the room but
Henry Ward, Shader anti witness.
To Mr. Carnochan: came into the room about
five o'clock in the morning; couldnt say how
king she remained; when she left the room
it must have been seven o'clock or after.
To Col. Smith: Arrived at Mr. Ward's house
on Saturday morning about one o'clock; took
rest in her lodging room until about seven o'-
clock or about half past; toot breakfast at the
regular hour on Sat uriliv; was in her room half
a dozen times daring the day; her room was
over the back parlor next to the front room;
Saturday night spent a portion of the tune in
her room; retired to rest as usual leaving her
brother with his nurses, left him aborit.mid
night; couldn't say when she saw, him first next
morning; did not spend a portion of the Sab
bath in_ tier room; spent most of it by the bed
'ride of her brother; it was the day the clergy
man was there; all witness knows about:previ
ous interviews between Ward and Shader, she
heard from other people; Mrs. C. L. War d told
her, Samuel Walbridge, tient" Harris,don't re
memeber any others; should think had dinner
and tea together on Sunday about !bur o'clock;
thinks war at tea table as usual; was, at tea-table
fifteen or twenty' minutes, not over fifteen;
went into Wealy's room directly after tea;
Samuel Walbridge was with him; Mr. Sheller
the elder, Mrs. C. L. Ward, witness and Henry
Harris camp in on Sunday evening with Ward;
they all came from the binary; they all came
within the sick room; Mrs. L. Ward. was
was back or George M. Shader; didn't hear any
question asked previous to Shader's saying "I
forgive sou:" heard no otherquestions asked or
ausiven;il atter that previous to Hr. Wardileav
ing,the room; did not hear the first part of a
sentence "I have mado my statement, I forgive
you;" was not so near to the bad as Mr. Wal
bridge; was so near could touch the.bed; was
near to the foot of tho bed; don't think would
have heard Wesley, then and there if he had
said "I have made my statement;", saw Mr.
Ward and Shader join hands on that occasion;
they appeared affected; Mr. George M. Shader
left the room after Mr, Ward went out •, he fol
lowed Ward directly; couldn't say where Mr.
Shader went, Mr. Ward wont into the Library;
Samuel Walbridge was left, McKee was sitting
in the rocking chair; have talked this matter
and my testimony with her father (Mr. George
M.Shader) mere or twice; her father and herself
agreed In their Ntatemen Is when they tallied it
over; was in the room five minutes before Ward
and the others came in; was net seated when
they came in; passed,ihrough the dinning-room
into the sick-room; had seen Mr. Ward in the
Library and talked with him; did not see Mrs.
Ward at her brother's request; talked with him
In relation to the coming interview; she was ar
ranging the interview between Ward and her
brother; did not go with Mr. Ward into the sit.
ting-room; did not talk with him in the' dining
room- did not get Ward's promi s e that he
would not converse with her brother while he
was in there; did not request Mr. Ward to ask
his; no questions while in there; told Ward he
must be quiet; he said he would; witness' lath
er told her that Wesley wanted to see Ward,
and she told Ward; don't remember mooting
her mother in the sick-room and retiring with
her, .positive she did not leave the room when: ,
Ward entered; didn't notice her mother in the
sick-room immediately after Ward 'left; Mr.
Ward went out of his own accord; tie rushed
out suddenly; recollects her mother speaking
to her in the hall as they were coming from the
dining-room: she and her mother were stand
ing side-by-side; did not remain there until Mr.
Ward entered the room; witness went into the
sick-room and her mother went out; did not re
tire with her mother when her mother went oat
through the hall; think took supper there
Saturday night.
'ro Mr. Carnochan: As Mr. Ward was leaving
the room, dhader moved his head on the pd.'.
low. didn't see her father talk with Ward in the
Library' in ,regard to an interview with her
brother.
George 11. Mader was re-called on behalf of
the Commonwealth.
To Mr. Carnochan : Was not present at any
other interview except the one Bundaylevening;
can't :say he was present at any interview
Monday morning when McKee wasresent.
To Col. Smith: Have never said - to any ono
in conversation that he expected to make a
pretty good thing out of this matter; am ac
quainted with the Hey. Jonathan Watts; never
had it conversation with him oa this matter;
don't know that be wiles traveling with him in a
stage coach frolic( Lena to Avon since this 00.
currence; was away from home during the lat
ter part of August; never made the expression
repeated above to Watts or any other man; didn't
talk to him about the civil suit for damages; /
nor speak of it in his presence.
The reburtin ,, testimony part of the
Commonwealawas hero
-The Defence for their rebutting testiniong
called ai first witness Mrs. C. L. Ward. ',/
To CoL Smith:, Was present this morning
when Mr. Shader and Fanabaw testified; was
not preOnt at the interview when Sheller said
"I forgive you:" She went to a neighbor's that
night to, get rest, and stayed over night; her
house was crowded and she wanted to be quiet.
To Mr. Little: This was Sunday. evening; it
was about live o'clock when siime friends who
had been there left; Wort Wiehr left that Oven
.ing, her sister and her sister's husband; went
to the neighbors before it was so dark but could
see; went to Mr. Clark 11: Porter's alone; it is
but a little distance; is certain that it was not
-yet 'talk.
To. Col. Smith: Wasnever. present at an in
terview between Mr. haler and Henry Ward.
Heiry Harris wad recalled on belialf of the
defence.
To CoL Smith:4as not present st any Inter
view between Wird and Shader; witness MeSir
to say that the' expression referred to was not
i was not used, in his pretence; his best recO/Ipo
Um 's that it was ori &Amy don't
think he sald to Mr. Osgoodby that this wan on
Sunday erre; don't Mak be over said
either way to . am; don't think be Mid ett in his
•=iii_; beleves Yr. Peek was present and
rard was whoa bia na tit
'eft by about . the neenrrence;
11"1110"arsthe book Ateniatillog Mr.
report of hie statements; have men
k 16814 Wilidliebx the' statementyezamined it
to *few days after the state** was made;
couldn't say when be last saw the statement, as
it was stolen from Ida store on the night of the
Are there; couldn't say who stole it, would like
the counsel to tell him; have not examined the
statement taken by Mr. Ovgoodby during the
list ten days; couldn't tell whether in this
iratement
this interview wait mentioned as hap
pening on Sunday night; this wan a printed
statement; witness' statement was not the only
one contained in the printed pamphlet.
The rebutting testimony on the Fart t* the
Defence and the whole evidence in the else was
here closed.
' The Court was adjourned until two cNiek.
' The evidence was closed on Wednesday,ancl at
the opening of the 'session in the afternoon, the
argument was commenced brit. It. Little for
the ComMonwealth., Mr. L. reviewed the testi
mony, and criticized some of the witnesses for
the defence, whom he believed had attached a
coloring to the evidence, which the facts would
not-warrant.
He was followed by Mr. Halms for thole-_
fence in a brief speech in which he held that.
there was no evidence to convict Mr. Wane of
any intention , to kill Snaps& Col. E. /perm
then spoke for-eight hours on the part of the
defence: He detailed at great length the sur
roundings of the oecurrence, and treated the
evidence of semi:rot the Commonwealh witness- .
es with bitter satire. His argument was ex
ceedingly ingenlous,and was prondinced cred•
liable effort by all who heard it.
Mr. LlENErDecitina of Lima, N.Y., closed the
argument for the prosecution, in a clear, -cot
cise and scholarly speech of several boars
length.. ' .•
We had hoped' to find room to publish some
of the arguments in fall, but the great length
of the evidence precludes the possibility of do
ing so.
Judgo - Ezmiu, charged the Jury as thilowa
VIZ CRAEO2 0? TUX COIIUT
. ~,
Goa/ewe of the Jury: This painfully in
te r
OM originated In the County, of Bradfonian
comes into this (bait for trial, upon the certificate'
of the President Judge of the Thirteenth Judicial
District. Elide ander, the authority of a special act
of the Assembly; which peratittedschange of venue
from that to some 'other adjoining county..
The power of the Legislature thus to authorize a
transfer of jurisdiction is undoubted. But whether
the cause of justice or protection of the defendant
from unjust prejudice dernAnded the exercise of this
power, Jr warranted -the kthsequent action of the
Court, -ire matters which it Would be profitless now
to Mamas. / The case is here according to law, and
must be decided according to the law and the evi
dence.
Ths responsibility thus cast urea you and upon
the Court, L of the gravest and most momentous
character. Out upon you rests the ultimate respoo
'Malty of a torrect and just decision. It is far yen,
upon the whole view of the cue, both of the law u
It shall be declared to you by the Cuurt,and the facts
as proved by the _testimony to pronounce a verdict .
between the defendant and the Commonwealth.
Ton have subinitted with commendable patience
to the confinement incident to a trial of this nature,
and we have observed pith much satisfaction that
from the opening of the case, ten days since, to the
present time, you have given to it your undivided
attention. and have listened to the evidence, and the
arguments of counsel, with evident anxiety to as
certain.-if poaalble. the whole truth in regard to
this lamentable. and as you probably think. myste T
Mons homicide. -
You fore been warned 'genial prejudice or pre
judgment. Your answers to inquiries when called
to thole sesta forbid the Idea that any caution from
the Court Is neceenuy on this subject. I Cannot
bring my mind to fear that the verdict of twelve up
right and intelligent jurors, selected by lot from the.
MUM of their fellow-citirens, will be founded uPen
anything besides the law and evidence applicable to
the case.
Something hail been mid in regard to public ex
citement at Towanda at the time of this occurrence,
Tide is perhaps not remartable. whether the defen
dant be or be • not criminally guilty. I But whatever
may have been the case there. nothing .tmusad
pears here.
Trials for mule*, on account of the momentous
issues depending. always excite the public mind.
and call together. 'as here are now. peat crowds of
people. We have no reason to believe that there is
on this occasion any oth.tr
_desire among the people
than to we the prodliiga. nor any-other wish
than than juirtice aegerding to law be administered.
But if it were otbertrise. and popular 'feeling existed
either for or against the' defendant. it would be
wholly immaterial to us. Public opinion. whatever
It may be. may be right, but it is not the chosen ar-
biter of the law; it is bound bine established rules
whilst those who are charged with the adminiatra
t of public - justice are bound by the highest ob
ligations which civil society. can _impose upon man;
the Court to expound the law and the jury to render
their verdict according to the law and the evidence.
The magnitude of the charge, involving, as it does,
Issues of lifirivad death, prison or liberty' to the de
fendant, should have no other Influence upon your
minds than to make you cautious, deliberative and
just in weighing the evidence. and clear and satisfied
in the judgment you form upon IL You will con
stantly bear in mind your duty to society; and will
not fall to remelhber also. the justiceand the impar,
lial consideration of the case which the defendant
has aright to expect at your hands.
That it should have devolved upon me to preside
over the forms pt this trial, and to declare the prin
ciples upon which your decision is' to rest, is.by no
means a subject of congratulation. llt is a situation
which o 1 W others I should have avoided, had not
imperiously imposed it upott me.
Mace it kiss thus fallen to me to eaeente this duty,
I ahall not shrink from the task of declaring to you
the principles of the law by which you are to be
governed in your investigation and decision of the
ease, whether those principles, under the facts, tend
to the conviction of the defendant or to excuse him
from all criminality. - •
The defendant is charged in this (indictment with
theAnriler ot We Shade: oil the evening of
the 2264 day of Fe bbruary, 1871. 1
It appears that the deceased and defendant were
friends, acquainted for two or throe years and had
visited each other. On the day when the deceased
was, mortally wounded he was , the guest of the de
fendant at his house in Towanda. They were to."
gether from about ten o'clock in the morning of that
day until evening. During the'day they drank wine
and perhaps other liquor, and to all appearances
were friendly. Dinner was ordered by defendant at
about two o'clock, to be ready at four, for the two.
They were called to dinner - at four but djd Clot
come until live, having gone up stain from the Li
brary, where they were sitting, to the defendant's
bed-room. after - being:called to dinner. At about
five they sat down to dinner. Deceased sent a note
to the hotel where he had stopped, to send his
satchel, having accepted an invitation from defend
ant to stay all night att,his house. It was arranged
la,tween them. that they should take a ride together
to Greenwood. a distance or abont six miles; a car
riage was sent for and came. They sat long at the
table, perhaps two hours, eating and drinking.
The driver came and was impatient at the delay;
defendant. as is ed , left the table before the de
ceased did, and prered for the ride. At about this
time and before deceased put on his overcoat an
overshoes, a pistol in the hands of the; defend=
was discharged, se nding.a leaden ball with which it
was loaded into the body of the dedeased, at a point
three and a half inches above the umbilicus or na
vel, and seven-eighths of an inch to the left of th .
centre line of the body. From this point the ball
passed through the stomach and a portion of the
liver, and going through the body lodged- on the
outside of the eighth rib wider or below the right
arm, at a point three and a half inches higher on
the body than the point of entrance.
Of the wound then received the deceased died on
the eighth day afterwards,
On the part of the prosecution it is alleged that
the firing of the pistol was a wilful act on the part
of the defendant; that he had unfriendly feelings
towards the deceased; that he had a grudge or spite
against him, and that he put the pisielln hispocket
.or had it about his person for the purpose of injur
ing the deceased with it. and, as is alleged, with in
tent to take his life.
On the other hand the defendant alleges that he
was, as he prate:molt° be, a friend of the deceased,
—had no intention to do him harm; that:,while
handling the pistol. which was about his persoMfor
the purpose of being carried on their ride to Green
wood, it was accidentally discharged. Them are the
allegations in general terms. ' They necessarily in
volve the consideration of questions :under the law
in regard to homicide in several of its grades. As
plainly as I can, and generally in the language of the
law as it has been authoritatively established. I will
explain to you what constitutes the crime o{ . murder
-in its different degrees. Under- an indictment for
Murder the defendant may be acquitted of the Mur
der and be lonnd guilty of voluntary manslaughter.
.I will therefore define that offence. - And as a hom
icide. happening by misadventure, is excusable. it is
that rub that you should understand the law upon
Homicide is the Mug of another. and la divided
into throe classes: Excusable. Justifiable and Felon
ious.
-F,Ezcsisable Homicide is divided. Into two classes
. - . .
- First. when a man doing a lawful acti.withont any
Intention to hurt. title another. Second, when in
self defence. upon a sudden affray, sae kills moth
er. In regard to the drat of these subdivisions. we
shall have occasion for further explanation when we
consider the subjects of Manslaughter and Misad
venture or Accident. In regard to the law Of ,sed
defence, no question is isisel which requires our
consideration.
JustOtable Homicide is where life Is taken by , an
officer of the law,. under proper authority, and in
some other cases,not important to state here, for
the reason that the evidence presents nothing for us.
to consider under this bead.
Feleiiour Homicide is either murderer manslangh
ter. Murder is; where a person of sound memory
and discretion unlawfully kills any reasonable crab
tare ia being. and in the peace of the COMMOn•
wealth; with malice aforethought. express or implied.
Express malice is where one kills another with a
sedate, deliberate mind, and formed design. This
design maybe shown by circumstances. each as ly
ing in wait, former grudges, menaces, and plans to
to do the party killed great bodily harm, thereby
discovering the intention with ,which the act was
done.
Malice is implied by law from any deliberate and
cruel act committed by one person against another.
. The meaning of the term malice is not that which
is usually ascribed to it by those who do.not muter
stand its legal import. It is a technksl term, and in
the legal - sense is not confined to particular animos
ity against the deceased, but means eat bad mind
or spirit which impels one to inflict injury Upon. an
,other without cause L or sufficient 'provocation.. It
extends to an evil deeign ingeneral; a wicked mid
corrupt motive, * heart regardless of, its duty to
others, and deliberately been on mischief.
Vnlawful killing. with. malice, ar the elements
which constitute the crime of murder.
'llanelasighter is the, unlawful killing of another.
without malice.'either. express or' Implied. It la of
two kinds—lnvoluntary Manslaughter. where t
plainly appears that neither death or any great hod,
Cy harm was intended, btit death is accidentally
caused by same unlawful acts or an act not strietly
lawful in Itself, but done itiwn unlawful manner and
without due caution. It is tumally applied to cases
where nothing more was intended than a mere tres
pass—upon an indictment'• for murder there cannot
be isenviction of inroinistary manslaughter/
rehogary Mantlensgider is the unlawful killing of
another' without malice. Ta order to reduce the
grade of the offence where death results from an
intentional wounding it must aPpear that there warn
a sufficient provocation, and ` a state of rage or pas.
aion without tune to fool, placing the slayer beyond
the control of his ;reason and suddenly impelling
him to the. deed.
In this case neither the Commonwealth nor the
defendant allege the existent* of any fact amounting
to a provocation on the part of the deceased. On
the contrary it is insisted by the' defendant that the
eviaerice proves that they were friends down to the
thee of the shooting. We will, therefore, not trou
ble you with any instruction as to. what would bo •
station! provocation, or what sufficient cooling
'time.
•
• Ia order to constitute the cruise of ietuntars boo.
shooter, It to sudiotent If there be =eh lets of_sto•
knee u may be expected to produce bodtly
acid death ensues u a cones% some et such
It principle of Oar %gal gram that sr
seuce of an of *Cenci Is the wreiegfid Intent.,
out which it cauflot, 'exist 22116
ad' Mgt dole not
i th
makes man guilty,tinless Ss taketloss be ' No
man deents anotnesiMilli ac deleetWill t
tinlege the other has toleedod Ira II Is u tbla:
ground that homicide bit satt re entore Is
There is little distillation.. ' er, 'lnept In do-
tree. between a positive will to do wrong. end In
diderenos whether wrong be dame or not;-therefore
wanton and reckless conduct tesulting Man lialtiiy
to another. Is criminal. and often supplies thalami
of direct criminal intvat—ss ig,a person by reckless
and furious driving unintentionally top over math.
an
and ldna. L. 1
Where cum.:doing s !gelid •• • without any hike*.
tt .
-.--
Yon of bodaY harm , and proper prresatkon,
bappens to kill another person, the boraletde is said
to be by misadventure, and as tbe-kllllng nal acctl
dental the bomldde is encased. An sksadent Is in
unexpected event. a chance. 1 Pastedte: . 0
J one wantonly an 4 recklessly doe* an act, thiC
tendency of which is to .do &nether bodily Injury.
he is guilty of manalaughter if death ensue, al
thtiugh be may not hare actually intended it. If in
jury might bo expected from the act it would not, be
an accident if injury happened. '
The degree of care it - caution to be ein t Aecd.
depend tipon the probability! of danger; fore
,artieles sir instruments in their na
="iscullwingarter dangerous, must Dolby reckless and
incautious nee of them endanger the lives of °th
en
ere. Tbe care and caution w the law requires is
not the utmost caution w can be used; Ms
aufecient that a. reasonable bon -be taken—
such u from which aoddente do not bappen.
Where the carelesenese is brig:OM:ant in ' the
act is not indictable. i I
Accident may be the lot of the 'duet and b l est of
men. s
and and most co
relatives. - mmonly they fell amongst nearest
friend ' 1
_ Whether the act whicheaused the death of Wesley
E. Studer was of this character is to be determined
by the evidence in the cause. I And perhaps it will
be the mod natural and orderly way in your hives
tigations to first settle that question. If you And
it is excusable homicide under the rules stated, you
- ,
will acquit the defendant' i
If ecekere not satisfied that ithia was a homicide
by rumortittird, you will then ascertain whether
the killing was without malice, and therefore !man
slaughter, or with malice, and therefore murder,
and if murder of what degree]
. 1/Wendregrd to
qu ß erifying circums tan ces law
er,
s all mwhichmield-either
tats or or lessen the offeece, .wae muddied with; eath
' although the intent of ter making the usanht
may not have been to if it appeared that the
1
act was malichnia. ~
law was
In this respect the common law was greatly modi
fied by an act of Assembly passed in 1704. snare
enacted in 1810. The crime id murder was thereby
divided into two degrees, and the duty of ascertain
ipg the degree wu committedito the Jeri. The act
provides as follows; *. All murder which stun be
perpetrated by means of poison, or by lying in wait
or by any other kind of. wilful, deliberate arid pre
meditated killing. sr which shall be committed in
the perpetration of, or. attewit to perpetrate any
arson, rape, robbery or bu rg art, shall be deemed
murder in the test degree. 4 *ll other kinds of.
' murder. shall be deemed murder in the secend do-,
greet Ind the Jury before whew any person indict
ed for murder shall be tried; shall; if they find - such
person guilty thereof. ascertain in theirl verdict
whether it be murder in the Oster second degree."
. This statute has been the irribject of consideration
and judicial construction in Many cues, and it may
i.e stated as the uulearin conclusion that. except in
cases where the crime is coma fitted in the perpetrs.
non. or attempt to perpetrate "either Of the felonies
mentioned, the intention to kill is of the eseente of
the offence of murder in the Out degree. The set
must not only be wilful, deliberate and Prereeditle
fed, hot there most exist in addition the intent to
"take life. .
This general' statement o: the law may not
i
to your minds the, hall force;-and mean • :. of the
terms wilful, deliberate and premeditated. • used
In the statute. For : the purperee, therefore, f more
full explanation, and that you may clearly ;under
stand what facts must be found before there can be
a conviction of .e capital offer, I will be more ex
t.
• ..lf aninteution to kill exists It is wilful: if this
intention be accoMpactied by such circumstances as
evidence a mind fully COUltiOall of its own purpose
and design, it is deliberate; led If imfficient lime
be afforded to enable the mind to , • frame 'the design
to kill, and to seledk.heinstrument, or to frame the
plan to carry the design into execution. it! Is pre
meditated. The law tires upon no-length of time as
necessary to fond the intention to kill, but leaves
the existence of a fully formed intent vs a fact to be
determined by the jury , fro a ll the facts and cir
cumstances In evidence." • :
. .
The law regards , and the Jury must find .1 the ac
tual Intent to kill , with so much time for &Albers-
Mon. and premeditation as to convince them that
this porre is not the immediate offspring of rash
ness and impetuous temper, and that the mind lute
become fully conscious of Its own design. If there
be time-to frame in the minct hilly and coneciotudy
the intention to kill, and to I select the weapon or
Means of death, and to think and know beforehand,
though the time be short, the use to be made. of
there-is time to deliberate and prentieditate.7
The proof of the intention to kill, and of the
disposition of mind constituting murder in the first
degree, lies on the Commonwealth. But this proof
need not be express or pi:waits. It may be inferred
from the circumstances. -If !from all the facts at
tending the killing the jury can fully and 'satisfac
torily infer the existence of Me 'lntention] to kill,
and the malice of heart with which It was done,
they will be warranted' in sd doing. • He who uses
upon the body of another at I some - vital part, with
manifest intention to use it upon' him a deadly we..
pon, .as an axe, $ gun,;a knife -or a piatel,,
must in the absence of qualifying facts be presunied
to know that his blow is likely to kill. and .knoirtng
this mast be presumed to intend death, :which is
the probable and ordinary consequence of such an
act- Be who so
of
a deadly weapon Without •
sufficient cause of provocatiOn, must be presumed
to do it wickedly 'or from a trail heart. Therefore,
he who takes the life of another with a deadly wea
pon, with a manifest design thus to use it upon him
With smeicient time to deliberate and fully to form
the conscious purpose to kill, and without any suf
ficient reason or canoe of eitenciation is guilty of
murder in the tarot degree." 1
But If from the circumstances of the case and the
evidence in the case the jury; believe theintent with
which the act was done,although a deadly weapon
was used , was not to•-ake file, bet simply to do
great bodily harm, - the grade of murder would be
reduced to murder to the second degree.
All murder not of the first' egree is necesearlly of
the second degree, and includes allunlawful killing,
Mler - eirerunstanaes of depravity oilman, and des
peration of mind regardlega of social duty, but
where no intention to kilt exists or can' be reasona
bly inferred. Therefore in all cases of murder, if
no intention to kill can be collected from the cir
cumstancea the verdict must bo Murder in the sec
ond degree. •If there exists l a reasonable doubt as
to the intention with which the act was done, such
doubt ahould operate to reduce the offence to the
lower - made. 1
Deliberation, being an ski of cotudderaticm, the
reason for and against a meesure,...and pretmedite.
bon being the act of thinking beforehand, it follows
that where the mind from arty cause is deprived of
Its power to form a design with deliberation and
premeditation, the offence hi stripped of the malig
nant features required by- di statute to place it On
the list of Capital! o ff ences. Intoxication -is in no
lase an excuse for crime. ye twhere drunkenness is
ea - great as to render the accused Incapable of form
ing a complete design, the law allows it to reduce
the grade otleamleide from - Imurder in the first to
murder in the second degree. 41 the intoxication
was voluntarily produced for the purpose of stim
ulating a meditated felony, or nerving rap the mind
to the commission of an orient the drunker:mess
be
would but an aggravation f. the crime; but
where the drunkenness was; from accident or mere
sensuality, and to the extent teem stated, the in
tent and deliberation required by the statute to con
statue the offence being absent; the grade Of cffence
le reduced. Neither courts nor juries ;can lawfully
dispense with what an act of Assembly requires.
Having explained to you the law - of the case. we
willixow state to you some ;rules in regard to the
law of - evidence; first renurrkint , that it is not my
purpose to comment upon. , the 'evidence in detail,
further than may be necessary in stating thepoints
in connection with which it lie to be conaidered. I
midi you to distinctly underetand in the outset, that
all considerations which effect the credibility of the
evidence in general, such as the integrity; disinter
estednerer and ability of the witnesses—the consist
incy of their testimony—its' conformity With repo.
rience and its agreement with collateral circum
stances, are for the jury atone and not for the court.
When facts are proven to your satisfaction. you will
draw your_ own inferences_ therefrom uninfluenced
by any opinions which may appear to you to be en
tertained by the Court. Odr duty' will have been
performed when we shall have given to you the
principles et law applicable to the case.
The verdict you are to render I. to ,be yours, and
not that of the Court, and You and not the Court
are responsible, Where the inquiry is merely into
matter of fact, or where the facts and law can be
clearly discriminated, I should wish this jury to
leave the box without being] able to ascertain what
the opinion of the Court as to those facts may be,
that their minds may be leftl entirely unprejudiced
to weigh the testimony and rattle the merits of the
' case. Should I interfere with my opinion on the
testimony, I should certainly step sit of the pro
vince of a judge into that of, an advsr,ste.
. The gentlemen coneerned!aa counsellor the Com
monwealth, have reviirsred the evidence, and in able
arguments presented their views in regard to it.--
And the counsel for the defendant, with signal abil.
ity; have discussed and b=ought to ,your notiersthe
facts and circumstances upon which the defendant
relies in his defence. - That the counkel on opposite
sides should entertain different 3101,11,111 neither an.
usual or surprising, and fitraishel no ground for
reflection upon the judgment or either. Nor does
this state of things lead to injustice. Each presents
the facts upon which he relies, and enforces his con.
chastens by such argument as are believed to be
sound. And the jury, baying a full view of the
whole case, and giving to the argrunente of counsel
the weight to which they are . respectively entitled.
are thus enabled to render a sound and impartial .
decision.
In considering the evidence every material fact
must be premed, either by; direct testimony of its
existence, or it must be a nommarrand reasonable
inference from other facto proved in the cause. You
will take nothilig for granted. The humane pre.
gumption of the law is that eeerjr man is innocent
until his guilt is elearly,established.
The Commonwealth charges, and is bound to
prove, that Wesley Eurancithader came to his death
in consequence of a wOund: received at the hands of
the defendant on the' 22it day. of February, 1871,
That he died on the Bth der of March from a pistol
shot at the day drat stated is testified by Dr.-Ladd,
Dr. Turner and others, and no question has been
raised by counter evidence upon that subject.
Was the fatal wound inflicted by the discharge of
. 5 Metal in the hands of the defendant? Up on this
• subject you are referred to the testimony o Maggie .
Dalton, Sate Kennedy. Jaila Fitsgerald and
Thompson. as to the defendant and the deceased be
ing together in the dining-room in ;defendant's
.house when a pistol was discharged in that room,
and groaning - was heard, and to Um testimony of the
"comet witnesses that deemed was Ihortly after
found lying on this floor wounded end helpless, and'
to the titration propounded by - the d shortly
after as to how or why he shot defendant
replied he did not intend , to do it. It has not been
made-a question 'upon the trial rata the fact of the
shooting. Butlt is atimolabt to you to determine by
the evidence. This fact being established to your
satiattetion, the great question in the case anises
just at that point. The Commonwealth 1 alleges that
the killing was murder. On the other hand, the de- 1
fence set up is that the facts and circumstances la
eveidence show that the killing - was an accident, oc. j
- earring by the disch the pistol by, some cause
unknown to the defen arge
danti
It is a rule of evidence that the fait of killing be
ing first proved, all" the circumstances:of accident,
necessity or infirmity, are to be satisfactorily proved
by the prisoner, unless they arise - out of the evi
dence produced against him; for thole* presumes
the act to be founded in malice unless the contrary
appears. Brit though - the homicide without the cll.-
dumdum:ea of alleviation Or excuse is presumed to
be murder, it is presumed I to be minder of the tee:
ond degree. The .burthen of reducing!, the crime
'from murder to rrianalanghter, were it proved the
prisoner committed the demi, lies on hthi.
When the Commonwealth alleges that' the crime .
'was murder in the first degree as before 'stated, she
must satify the jury- that there existed 'ail of these
facts and circumstances which indicate the deliber
ate intention to kill, and the cool depravity of heart
and conscious purpose which constitute ,that crime.
In order to apply the evidence it is well to under
standithe theories of the commonweath and defen
dant. That the Commonwealth is that the defect
dsrit and the - deceased were together at defendant's
- house; that they had some words of altercation. and
that defendant commenced a scuffle '1 in which he
was worsted; that defendant bad been drinking to
excess.
• t
(The Jody here full stated the theories ot . both
the prosecution sod defencej '
• 'The Camnlanwealth relies upon the proof in re
gard to the language and cano n a
ct of the defendantOtt the night of the ihooilng. `To wit: his excited
and almost frantic manner, his datemoint to Patrick
Brophy' that deceased had shot himself accidental
ty. and to other. thorny. afterwards that God drily
knew bow it happened, he did . not; and when asked
by the deceased why he shot him. his reply ~ y ou
know it was an accident." Oa this 6 utdoct. IstlY to
tau, in the language of the law. Matto weighing the
effect of the presumptive evidence furnished by the
conduct of a person charged with a criminal offence
great caution Should be (hied. An . Innocent man,
Aniline himself in I situation of difficulty. and per
haps 'from the cireanestances of tbscsee, of danger.
is
mai n
sometimes induced. to • a line of conduct
Ind:l:hems -with It a of Ott:
You will examine the conduct the defendant in
het of all the evidence. sad re to lag conduct
last that" weight whkh it deserve.. • Consider
whether his demand to - have the statement of the
;dying man taken. under just the circumstances they
'wine. were not in his favor instead of sgainst him.
Compare his language sod conduct with all the oth
er circumstances of the ease in your 'minds. and
then give them such weight for or against him as
satisfies your minds Meyers el:titled to. • • '
Tbt Conmienwealth alearellea u the 'statement
of theidemised. called all ailing ~larliUm. When
• charge ot murder is made agaLPAR a persen. and
the Subject of the mule of the death II under laves.
Ligation. the law admits is evidence the declaration
of the deceased. when Mader under a conaciarumess
of almost immediate dissolution—when all hope of
life is extinguished and death is soon expected:
The Solemn Oblation of a person in such cimum
dances I. deemed in law equivalent to an oath: Ilia
additional force or weight NB given to the statement
by reason of au oath being administered. - -
Bach declarations have no greater effect than the
testimony of a witness. 'and they may be attacked
In the same mariner. - By showing the bad chaise
tersof the'deceased for truth. by.ahowing that he has
made statements at other dines-different. or by its
incondstency with welt . or 'ether established facts
in the case. • ,\ .
It should appear, WO.-when each alatementa are
reduced to writing. - that it was faithfully and eau.
rattly done. It there are found In It material mla.
takes. It would tend to Weaken the force of the date
ment. 1 . I
Did the deceased , make his declarations, taken
down before Esquire Tidd. with the knowledge and
Mil belief that ho was soon to die. Ho was actually
in a dying condition, and said he believed his pby
sician when be told him. so. U that were so, you
will consider whether in some partici:Wire. and to
what extent. it eras inaccurately taken down. On
that subject you will recur to the testimony of Mr.
DeWitt and Mr. Illontanye, and also to that of Mr.
Tidd and the other evidence In the case. •
In opp3sitimito these declaration'', and to
the charge of wilful shooting, the defendant
sets up in ideferlce and alleges to be deduceable
from the facts that no and deceased - were
friends, warm friends; that they had tro
quarrel on, the day, or at the time of this
occur - mace ; that •no motives of malice
existed in his nih d ; that he -had no spite nor
grudge against the. deceased, and no sordid
motives have over been imputed to him. Ile
also relies open his own conduct for proof -ot
his Innocence; upon the .testiniony of Mrs.
Cranmer as to what' the deceased said when
first he spoke alter being mortally .wounded,
that it was an accident. rThis as part of the
trausactipn r.-as evidence iu elder for the de
fendant. The declaration proved by Clark
Porter and Mrs. Porter, and others, going to
show statements by,Shider, made at different
times. are evidence to affect the credibility, of
the statements in sh far as they dirler,,from it.
Vibether he - made the statements imputedto
bun. in-which ho declared it to have been not
intended by the defendant you will decide. Did
he dictate the letters _written by ;Porter and'
Harris? The crectibility of the 'witnesses, and
how far the testimony of any are impeached' by
proof, of statements ant of court different from
their testimony lierei - yOu will.judge.
• lon will be caernl to remember that these
statements by witnesses when not under oath
are not evidence of any fact against the defend
ant. The only effect it could have. would be to
affect the credibilty of the witnes thite attacked.
Any opinion expressed by any witeets, is to,
have nolearing as - proof of the facts.
When a witness swears affirmatively to a fact
that he saw or heard, his testimony is.ordinari
ly to be-allowed greater weight than the testi-.
mony of another witness present -.at she same
time whe swears thatlie did not see or hear, or
does not 'recollect the transaction or the words
spoken.
With these general rules in mind you will en
ter upon the comiideratim of this case. Act
ppm" your own judgment in determining the
facts—take not the opinions of- counsel in re
gard to them, further than their views corres
pond with your judgment of the right andthen
decide.
If you have any Teammate doubt that the
deceased came to his death at the hands of the'
defendant,-that doubt should operate to acquit
the defendant.
In deciding upon the case, or upon my mate
rial partof it,, it is the duty of the- jar , to give
the prisoner' the benefit of any reasonable
doubt, arising-out of the evidence, whielh pre
vents them from coming to a satisfactory cod
clusiocc
This doubt must not be a fancied one, i j Must
be an honest doubt, such a difficulty as fairly
strikes a conscientious -mind and elbuds the
judgment. If the. mind is so well satisfied of a
fact on the evidence that a reasonable man
would be willing to act upon in affairs of the ut
most importance to himself, there would; be' no
room for doubt..
tr=zri
If you find that the Idling was by him, but
you have such doubts as to whether it was wil
ful, deliberate and premeditated, with the spe
cific intent to take Life also,-ycsu cannot dud hiss
guilty of murder in the first degree, and the
grade or homicide would be reduced to at least
murder in the second degree. s
I have said to you that. when- the ,killing is,
proved that the law implies malice. 'That
Oh:alien, however, being a presumption of .
may be rebutted by proof of facts which n ,a -
fi ce
ve its ezisten--such is accident or he, t of
bloodon provocation. If a deadly weapon is
used purposely,,the grade of homicide Must not
o ld
be reduced below murder.- .If it was• of used
with intent to kill or do great boitily arm, and
yet was used wantonly and reckless - in an un
lawful manner, in the corrunission/b an assault
upon the deceased, the offencerld Ibe man
slaughter..
I—
'lf it was as we have said a taisadventure, an'
accident, it would be no off7i.te in the' eye of
the law;I •
re g
In your verdict you will' ay, specifically how
you find; if murder, you nat. specifY the de
gree; if of marislaught „you . will say not guilty
of murder, but shifty I' voluntary, nnuislaugli-
ter. If it was a mis venture, your verdict ieill
be not guilty. - 1
And now, gentl9 nen, this vet": ingortant'arid
/
yet somewhat m steriorts case ts. akin to be
committed to y ur final decision. Up to this'
time, every, pe son of this great assembly must
be satisfied the fairness, regularity and im
partiality of/this trial, anti I feel sure that noth
mg which is left to be done by yetionvill impair
cn ti
ittrgene character. ,
.
If y discharge.yonriintyeoweietitiously, al"
I have eldonlit you will, whether year verdict
be pepillar or unpopular you may defy the cen
sures as I know Von
.
e would disregard the ap
plause the multitude.
Yon have frequently, in the progress of thTS
trial, heard reference made to the charge of the
Couzit. That reference, ,however, was only as
to' law. The law. as hpplicabe tell nearly all
homicdo tnals. WO have now given — you that
law. Yon must find the facts and apply the
law to them, and under the facts as von sitar.
find. them say whether this defendantbe guilty
of any offence, and- if so, of what grade. If he
be innocent, your verdict should grant him a
speedy deliverance. ' I
May unerring wisdom lead yen tea correct
conclusion. • 'NI ; '
\..-
sus veutuer.
The jury retired and at 8 o'clotk lon Friday
evening returned and tendered a verdict as
follows: ` Not guilty Of murder, brit guilty of
manslaughter;" with' a reccommendation of
mercy..
2.
The Counsel fur the prisoner immediately
made a motion for a new trial 4nd in arrest of
judgment. On reasons tiled ihe Court flied
November twenty-seventh lb tice `Bearing o;~
the mutton, and adjourned Until thatl
New Advertisementsl
FIGURES WMT4 NOT LIE ;
THE CEP.APEST PLACE IN TOWN TO BUY
•
DON'T DOUBT YOUR OWN EYES'? HERE ADE -
TILE FIGURES, AT GREATLY REDUCED PRICES:,
'' , l
Gents Kip. 2 solo .t• tap Root home . made, -
warranted • L.
~ $4 38
, do e l do do - do r' - ' 1 4 4 38
.do .02 . do - do - dd nailed. 400
i do
.1.--i double sole ' ' do • 350
do Oat peg do do .do 500
Bogs Sip. 2 sole kid tsp. - do '3 75 to 3 00
Youths Nap, ;Li double sole, . ' - . do 2 00 to 223
•
Merchants can be supplied with the above class of
goods at very reasonable prices. We are prepared
to make Boots io Measure. AIM; First Clue Repair :
ing at reasonable prices.•
24.* 13.—The above varielow price system must be
understood CASH invariably on delivery. Vi- Call
Ind see before you buy. Shop opposite! Methodist
Church, Main Street. - - •
L. C. NTLSON.
Towanda, Nov. 1871
"POR SALE.—A 1113'uge and rat on
_a: Railroad street. apposite 'John Beidleman's
residence and convenient to the, Iron Works. The
house is new. contains 6 room and i brick basement;
a well and other necessary oinreneies rri the Prem
ises. Apply to WM. WON. at the' Bradford
Hotel, Bridge street. Towanda. Pa... • aug2ll-tf-
CASEYA INSURANCE AGENCY,
TROY. PA..
FLEE. LIFE and ACCIDENT nisuao
.OE effected
in lirst-class companies. Mao Land' Suzieying and
Conveyanting. Twenty-seven years expecience.
Orders by mall promptly attended to.
Ang.39.'71. 1 .17 - ' E A. CASE.
COAL .-AT INTYA.LIISIN6
- The undersigned bare :on hand. init . intend to
keep. a inipply of Bniiiran Anthracite , Barclay, and
hard Anthracite Coal of. the variona sizes. .
Bepti 25, 1871. G. H. WELL:EA.& CO.
•
VARIIS TO RENT.-:-- - Th l ree ralu
able farms to loner for money rent, near TO.
wands Boiongly 'from April next: Ennnire of
h Parrcm, at their' office on prtio- d.,
Towanda, Pa. nevi 1-51.
MONEY SAVED;
BY PURCHASING YOUR
STOVESy AND HARDiVARE
Orwell. Pa., July 21.11
Pr
AIARMERS, bring your oduce
A: and sell to • PDX k W.II,CUB.
Jan. 19, 1871.
. t
BOOTS!
I lirTr r 171
W. L. P
TOWAINDA IikRKEtS:
+vuatllllALZ
0"dod every wedneweity,- by= C. B. PATCH
subject toobsairli,ll74 • -
1170. lattab i i mah
Dadvidietak •
• ,
11 to ,so,
• 701.
dell. 9 44 '
Deeps, fp .
Butter Vs 111) II fb '
- - 40 (9 14 M111 1 II li . . tar
, boelt. • 'so-
Mon 9 ung ••• 8 0 0 )% lo oo
askew. li tomb ... _
' $3
Amami as GlWN.—Wheat dO Ib. ; Dora GO 5.
tbs
aro 14 I; Oats 5.,2 lbs.; BetloyDoctrine*
AS lbs• Demi AA Ibtx.; Brea 20 lbs.; Dkner deed de:
Ibi: ; Tbrionitlised 44 tbs. • Dried Pem 11.
ba* 331 b '
piled Apples AO Its:: lflin lied 60 Dm.
pßipz ran—CASCADE MILLS.
Mow. beet Moti
i. f Illea= • - :sun
Of do Of • haw
ee
cash= grinding taatattr done ea once . ea the al
plat, OWN SOM f saffteleat for a large a mottut 0
waft. 19.1.130HAX
ClemPton2.lol7 23. Ire
CENTRAL COAL YARD,
_
U. it. 'WELLES, Proprietor,
until farthersiolgat priciest yard are. per Tact
d lOW wands
COAL.
ifig,, or N. 2
- Move. or Not. 3 and 4
Nut. or El. 3 ,
lIMUSWAN ANTI _ _ _____
$4 60
lArge E 4434 $4 .7.0
Nut
s4mall Mare 84 50
, • $3
The following additional charges will be ra 75
adefor
delivering opal within the borough licejta :
._ .
Per ton 6O eta. Extra for tailing in 50 , t .
Ralf t0tt...... 1 .35 .. "' " " -25 ..
Quarter ton. L 25 " " " " "25 .•
sir Use Crary aim , Coal ONLee. No. 3: M.)?
=Clew Bloat, south aide, or at Dr. IL C. 11)11 , !:
SOU & Co.'s Drug Store.
- stir Order; pond to all caae.be accompanied
tbe.eudr.- - .
Towanda. Nov. 22.11
rWAN I pA COAL YARD.
•
- ANTHItacTTE ARD lIISTIMOUB COALS.
The undersigned, haring !eased the Coal Taro • -
Dock at the old " Barclay. Basin," and just completed
a large Coal-hOuse and °Mee upon the prennaca ar
nor y,r od to furtdih the citizens of Towanda au
with the different lands and lathes of the above
coals apart the most reaeonallo term. in aai
qeant ty i desired. Priors at the Yard tint] furtho-
notice - per net ton of at
pounds: -
Egg, or 1410. 2,a n d
4.
stove, or Noa.! 3 n
Nut or No. I •
inftsavAs- AxTmLicrrr.
Broken
f= )Eicnre..'“
Store
"Battl4" Lump 4 .0 0 .
" Ran of Minos, • 400
11,ms, orßlack.rolth 3 60 -
';'he followliig additional_ charges will be made tot
deltrering Coal within the botongh limiti: -
Per Ton ...SO tents. Extra for carrying in, 60 ct,ntA.
Half Ton &5 it all a. 2 5
Qr.T0n.'..25 " a " " 25
Sr Orders may be left at the Yard, corner of Rag. •
read ind Elisabeth Street. or at Porter &
Drug Store:
113.0rderimost in all caw., be act...minted with
the cash. WARD & MOSTAmE,
Towanda, 150. 2 2 2,1871—u.
• • N EB'.
-
NEw- COAL FIRM
On Cana) Strott, fronting William Stre,,t
.1 • ToWANDA. PA.
We are receiving direct from the mints the ter/
best prITSTC*I, PLYMOTII..and SULLIV.L.VAN
TinucTrE COAL, which . we propose to eelfat e
.3
owed marker. price.
We respectfully Waite those wishing to purchase to
call and examine our Coal.
We also keep Lime; freak from the kiln.
We Will deliver Coal or Lime whenever desired
on ahoranotlee, adding only the customary prices..
L. -S. CASE CO. =*
sep2o'7l. If
TO 31.114T0tS COAL 11.1$EP.S
AND: OPERATORS.:—The 'Rarthans ("..;a1 an - d
Lumlier Company will receive proposals mail Dec.
lat; 1871. at their office. for the mining and deliver
in,g of theft coal in the setintes at their mines near
Ttenoca. Or .for the • mining of-the coal at a
royalty.; -6
' The cawicity of the iireient openings, p!aue
achntws is fro 800 to 700-tons per day.-
Those-in Mg to view the premises please cal! nn
D ottani, Superintendant, at Renova, who
will show them the mines: Ac. For terms aildrs:wf
JAMES BRADNER, Treas.. .
N'o. 10 Walnut street, Philadelphia.
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DETERGENT `POWDER
Far sale at t
POWELL & CO'S, TOWAND.A.
CLE&118 LVERTTILLNO.
Try it and be convinced. sep26'73
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