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V ■*" r - Jli *a i i% c vfhf’t W'ciPgimvu comiii«dt?iitey> mder totn- H:r ll r t l>T'fdri tiw£r ; iian. rarif^TjSff^riiSTwW ll- " i ’'*^fxt r^g^. ul ® ro, “ t ' and KWe *- News, v ‘ ; ' *i‘o-'-^-l-isv.r.ifj \l..~„, -,.- r ' ,v '«' : '''"■~ ti V{- ' t. r»•■ -■'.: r/9^■/J B ?yr.Jn*.the. Zimmcrly-cascy returned ■ J- occurred foryears more hornble than the ..■-...cpostcliau ofthm-miserable apdfriendlesa okl Ger :>f;rv> tnan.ivhichi dooifin lain to an T , ignomimousdealh. Asjafaa wo have, had an opportunity of sounding - •publtccpinion, theverdicl ib denounced ; each per-. \;'.son.scemcd terror-struck as he henrd the> fact- of conviction related, .■ ; At the time of the death of lho- womao'by tlte j hands ol her husband; wo in,common with,the whole' 11 community, entertained the opinion that he was 1 A-, -Bmltyofa capita! offence, under the 'peculiar laws. ” 1 °f .th® Slat s Then we knew, nothing of-any other i “circumstance thaq' the mere kilitog, Zimmerjy was -without a friend; he Was poor; he ‘Was a stranger , r .frrthe.city.and m tho country ; ho could' not speak ■ J.’.‘ our language; he was regarded ns a monster, was shunned and execrated. All concurred in the opin ioHj lheu;thnt if capital punishment tvasjustin any i case, he deserved death for his crime.’ 1 ® ut thu testimony elicited during the trial has put Ottw face opon the whole sad uflsir. Wc will re i' '' late briefly Urn case ns it wool to the Jory r *h- prisoner was a German by birth, born in Al - Bac ?-' Witnesses who knew him there,-said-he was L«- ‘f beloved and respected j mild.hohcst and iodos .. . .trious.’’,Hiawife,had a, brother;who lived .thirty j - Julies frotn Philadelphia, v and lives there still,} who li‘- c i-W?!?- ,0 >?‘®‘ ncf lf> asking him; to-permit his two -j--' daughters to comoto this country und live with li-m. ■- _ Zimmerly (rented, the request with disfavor; but Ins ,- ' inSiS i ct l that-the, daughters should come; -■ . a "“ Ww consequence, they did come. In a Bhort time, £immor!y was informed that,one of his “ -doughterslnd been seduced by her uncle. Thisdis ireeled him/ He sought relierin drink; and fell a victim to/htemperancc. He. his never been right ’ t“- CC r ca ™ c 1° this country with hie . c&mdy. Pnlhe.'trip ove> the mountains,he threwhis and attempted to tump ovmboard * * living in this city, he worked a Jit. *** trade kfioe-roakmg; drauk at nights. He frequently, and always during theso fits ' ' 'JMi Woo, “ complain only of bis daughter’s 'jßjsiy He wjs lieyir known lo here a quarrel with 1 f*' who had oppOrtuniticßofl thiithe.Was peculiarly liind ik i Jrcn terufied that henc veralruck hcr,i Jkv&mprcahh doid to her. It Was proven,the J a -wildntjssin hhyHgtfc ihbhlicretice 111 iris conicrsauon, a singularity tor r» I ‘!V‘S»Wf»l!atinduced! aHiwhosauJ him, to cop-1 -deranged. 1 * ’ ■' '*} ; jinperfccliy given tIA^L-theteia TUnpjyJgaijjkthimwvis dSci®a indicates- How the jury,could is a tnyJlery to ns. If qiqjSaJafiiv' was insane in the a crime;isHminK3fe[ --i.Was-l-and.is stilUnsant. in our high civilisation, so thirst for blood 1 ~ W® hope, far tire sake of onr common humanity— forth c sake of religion and justice—that the act c(m -templStcd in-the verdict of the jury may never be . consummated, bet not tboComulonwcallh smarten on insane man. Ucsholild he excluded irom Socie ty’ tor he is until to move in its circles; lom r notbe immolated. The crimes of the wort§ drove .hint, to madness, pod under his affliction bo commit. -tad an. act; , the bare recital of which, 1 in his lucid, moments, would have atunned him to : death. His 1 1 Sy , .'•3* - ! I.•ts . .Bonl was murdered—and now the great Common* - wealth, is,.t<> .wreak, its yengcancoupon his braised and battered body f F arbid Ihlo.Hedien' : AKo, .trust that means mnyat-once borcsorted to by ppr. citizens, , fpr, the purpose of preventing the j Consomroation- of tbe-damning neti which will 1 be -jeipelratcd if tbej'sland still. ' We-havoaaidthat the miserable-man iseot- fitted, ■- liberty let him be sent to the Pc n iten t Tory, But ifohr better instincts could direct in this milter, he would be confined in an Insane Asylum, and there treated kindly. ■ Meets, to-day; and as- there are no officers to elects we presume the Message will he delivered in tho af lernoon. Wo do not know.what-nrrangcments our neighbors harcmade about getting it out hero, but, ; forpurpart,?wo baseconcluded that-we-will not put ' our office in confusion, and sicken all the hands, merely forlhe sake of gaining a few hours: partic . .. ularly as our readfcrs-do not care about getting such long documents in advance of thc mail. ■ ? IBhe Measago is lookcd for with considerable inte rest, by all parties. < Democratic Meetings. - The Democrats of Phdadelphia- havo -hold a tre mondous meeting since the election. The entfcusi . ~Mni was quite as great as that which i animated :thc - Tarty before tho disaster. Tins shows that, though , defeated,‘tlio eonscidnsnqsaof right still liirges them to re-organize, and prepare for the coming contests. ■“ We have seen a darker day than this.” . We suggest to the Democrats of Pittsburgh, tint the csample of our eastern friends should not be permitted to pass without ad attempt to profit by it ::We: too should have a meeting. • - ' •BSf’Mexicoisciviliziugwitli decent celerity. The brig Martha Sanger, from New London, on tie Sfitjh instant, for Vera Cruz, takes out machinery, com plete, for two paper mills : one to be established o l •'‘"^',' Wicfc 'arc'gjmu'cL and Lucy ‘ (or - I ucy White's) orphan children ? Henry Hully of KiormMllejHuchesa county,’tf."*'., has id his hands »Je {"■- / ’\-*v / TiIE lions, and yearly reports, for tho *' -public, )_beglsBVo.ta-stale.abat_in furtlxerani. qf the .object in ‘view, we lnstit ution, of which we propose to give n brief hia of the the present aftua- | ?£ ?B inftitpiiOD, wiiichubs grown,up amongst ua within the lastw two years;; 1 , 7f | u was Openfed in Jinu-' aiy, 1847vmatemi)orary.I>ui1(iidg,lented for" 1 (iie pqrjjoae, under ithoexclusive, care o|f n few devoted ladies, attached la the jprdef of the Sutters of JMercy. The building Was soon faUdd tu be inconvenient, and it became .necessary, in order.to carry out the vieWb of those interested, that a new buiidihg, erected with reference to the wants of such an mstltu tion, should be b" -iiou oe liaci, <., , Jo, pursuance r>f this determine tion, the- pre sept handsome, and appropriate, structure was commenced,-and -(under many .difficulties «wing td hmitod means,) completed for the reception of patients the Ist of April.-of this year* 1 - 1 calculatedfor tile purpose intended, being situated id an airy and commanding -.position, having its rooms and ryel! ventilated, and being furnished with ao'abundantßuppiy of good water. It ia capable of accommodating 6ft patients; 'but at present,' of the small supply of farnlturq.(li&ddiag.ia particular,) cannot re ceive over twenty-five.' Cleanliness, and good order, combined, wo found to prevail in all its departments. Prom the inspection of, the general _ boobs (if lhe> house! and the re port of the medical attendants, we are led to believe that nliboral spirit,in regard to the nourishment, aud general sustenance of the patients is adopted, and that nothing, fpund to conduce to the comfort, v '■■■ Thm charityhasthus. lar been supported ' by voluntary 1 contributions alone, but as this . mode is at .bast; precarious, and not 7 in' here. Jied on, it is to be hoped that asystem of sup port may be adapted, and with 'the aid of a benevolent public, carried out, which will en- lndies,-having itin charge, to I go ®n 'in Iheirwell doing, andoxtend their usefulness.. VTha^mmber;of ■ patients admitted into’ the piospitnl sings ifs first opening m January, IssBSr.Q4i of those, 49 died iu the lusutu-' lion. reraaininj* in-the hospitai. at this «»a «S»akout one third of thosarecdived have bpen able to. pay towards their support while in the hospital. - • < : Tho average cost of each patient • has been $2 G 3 porweel.; this amount would' of course ■ ■ •I? reduced, if tllo number of patients wore father. ■ -The cost is uiatermlly .reduced by tlib tiur fbig department and.general superintendence being entirely without cost to the foods of ithe lnqtiufion, except in the board of the Sis ters. .There have been received front various sources r to wards tlie eupport of the Ros- P ital §4.294 13 Expended in furniture and house hold expenses,* including - medi- -; * - i cine, and funernl expenses. ...-.11. 4,139 Si Balance cash on hand,..,... : SIQ4 28 The Institution is in debt for farm- ' tnre, ~ 3381 -36 The Institution is in debt for house expenses, 335 73 5707 09 We cannot -dose, this; report without an’ earnest appoalto tbe ; community, io favor of an institntion, conducted solely with tha view ofamelioroting the sufferings of the poor and needy, and those who havo none to care for them. By a reference to > tbo above report, it will be perceived that the funds of the msti tution are nearly exhausted, and that ‘ money is wanted, not only to pay off debts already contracted, but to insure the continuance (oven on its. heretofore limited scale) of its nsefulness. How.many amongst u>, when preparing for another world, and dividiug iheir ihoußunds amongst those having often littlo need of such accessions, might, by a small contribulion, aid m relieving the sUfienngs of a'ciass, which has peculiar claims on charity. Wo are confident there exists; in this community; sufficlentof this good fooling to sustain a charity, such-ns this, m foil vigQ). AI! that has been wanting, heretofore, has. -boon, a proper medium, through; which ;soch- benefactions • could be .dispensed with zeal and fidelity. Such we believe the -Mercy Hospital to bo, and we . hope that instant.-nnd activo monns will bo ta hon, by those claiming a peculiar interest in [ the institution, and properly responded to by ’ thecharitable; to-placp'under the control of the managers, an amount of funds capable of .relieving-the .large class of; sufiorers coming particnlarly its sphere W. EBBS, ' ' JOHN SNYDER, , HENRY M’CHLEOUGH, CHIUSTIAN HIBSON, LUItIS, TAAFtfE, ’ : Kp.Wo 'hadtnore highwmds on Friday night, Tjie blasts were stronger than: those of the ottier' night.” An old elm treeirin Allegheny; stood the storms of many years, yielded to tho pres . sur e, 2nd yesterday morning was lyjng proslrgtc; We ■ saw, a punific'p of r.otbless men in its top and *1 - „ : --;L;r/iv’7c LCt j' : -.S . vv 1 i j 1 » vV - ' . ■■ * • a i 7 ' xd-Vn ■ :-._Vv v . _ W'' ■' ti Home* for M.” ' 'Ve jtfoice that *notherjtepj« the *au»» trlbhu-, mao ameHoSShja i trj. In of the Hopestim fgmptfyt found. 'iffrfo for debtStqisrtglijhed, and we have already witnes sed the wisdom orthe act. A largo party opposed the change,-efthe time'the Legislatures of thirand othcr States yielded toiho popular W?™ j good teen thought it waa a'ecßfmVfo'r’the 1 -auvaniago^orthe-dishoneatdebtor^thatitwoiildiii- I jure the. honett ciedltor f ' Bui, after vears of eipo . rienco, wo find. ' jvilF; advocate a resort'to | the old system of putting men behind bars or won] and feeding them on bread apd water,'betaese they majjhp unable to pay their debts. A fair trial of the Homestead Kremptiohi produca a like result. Its great benefits wouldbe apparent in the. happineoi of families, who would be permit ted to enjoy a security from- danger that is now felt nowhere. Besides all this, it would make men feel that thrift depends upon honesty. ■ This moasuro la-one which belongs to :.SS5*f c .'WJjih. o All.meaBUres:ofreform m’nsrasd will-' adapted: bythe? popular-and progressive party , ■.'fSFjffiFMpop no other can those: who struggle Tdf social elevation, -depend.:Conscious -that this is we urge bur friends, in all the:States,'to* add' to their platform the V Homestead KxnipnbK.” - : We are pleased to:6nd, that many of, the leading Democrahd papers in New York, Ohio, Michigan, .Illinois, Wisconsin, lowa,,and other States, have 1 earnestly advocated this groat Phila delphia « Spirit of the Timesjn haaViVeh.ua many excellent articles in its favor. We, ha ve ; written for the purposo of In -1 troducing to our readers the following nrtiele from |.ihe,, f .f JVtw.. Hampshire Democrats* Se?eKil of tho StatQshavß, W!tMn a fe«r yoara. passed laws exemptingjjotnesteads, embracing a : ol.laGdpand not exceeding tt 'ape- 1 ti. Cl fl®fl:y®'UO#:.froni -attachment, levy orsaleupon cx- J : Buch alaw shoold. be? among.' the' statutes ’ 1 Jlaxnpahirei, - Honest poverty isnot a crime. I It should not be punished as such.—Much more i®hould..it not be. yisitfld as such, upon the poor-man’s l wiio .and : children. ,In t bis., conn tryevery 1 should travea home. • It is what-all needi what all i nave a right to. The earth was created for man, and man for tho earths - And without adopting'ihe ultra theones of ultra reformers, we hold.that every man I woman and child upon, the earth, ha« an indefeasible right to a place to live,; which they may call : Uieir own, and from which no human power has a right to . orive them. - ThefoxeshaTO holes of their own, and the biros of the air have nests, and man has a right to a home, wherehetnay !2y his head. ■■■■-'-■ We knew many w*ll regard this, at tbo first blush; as another attempt to legislate forthe “poor debtor against the poor creditor.” We do not so look up* 00 ri Wc donoteomean it. Upon debtsedntrat- I ted before the passage of the law, it will not oper !if PMM- collection .of all existiDg hobilitiCS, the same remedies will exist as at present, j While 1 debts con tracted hereafter, will be contracted in roll pf the J a . w , and .of the . resources upon* which the creditor must rely Tor his pay. But we do not believe the existence nfa law exempting homc aicads frora legal process wil I weaken the lrust-war thincSs or any honest man; snd scarcely brn'dislioni ,-f*s.®3 n r ■. TP ar . from him bishome, and you make im \s' v -^ : i^ oD^‘rr^,uri, ' hia family, upon the cold 'ao place they con .call , their own; and. hair his manhood dies, . fils independence is eonet and with it his self-respect, and, too often, his sense of honor. The bright hopes for himself and family, wbiclt have, thus far cheered him forward, go down in the cloud of difficulties that press around him; He ieels himself a pauper, and cease to care whose bread he eats, or from whoso granary he feeds his wife and utile ones. n, of \tly . Olbcrwise.farbiter,is itwnli himuhocan ealeven • tuo bread.of povertyupon hrsownhoarth-stone. Ihe- world msy be cold wnbout. -Affliction tod ivaot maybe within. Hewn look up to God, and down on those God his given him, and bo superior !i 0 ■ tlf* He is aznan,2Bd his own man* ilia wife and children are his; under God; and they nave a bome> from, which so merciless creditor may I-“-?T-o.thpm. Jfe has something to lire for and 1 labor tor. Respect lor himself and love for; bis family, alike oratect him from dishonor, and makehimveoru to defraud one who trusts him. His ambition makes bimrcdouble jiis exertions; and be accomplishes fWjs.ljh'ch,under other circumstances, he would ! have deemed impossible. Homesteads for all, and those tnaliable by any 1 process nol ontirely volunUry, would, in cur belief, ! Pfove a more efficient panacea for all the' evils ih -1 c |“ c "? 10 ‘J 10 present orgauixatiou of society, 1 than I | *«c colleges, penitentiaries, hospitals and' public I j chanties that theworld has eye seen,;or ever wilt I . see.. Such a desideratum can not; however, bo of I speedy realixation; if it shall ever be. The pres- 1 eot organization or society forbids. Too many and | mighty imercsu oppose.—Land raonoply, money I monoply, wealth, caste all are hostile to a change that would abolish them all, and, in their place, establish equality of rights, and the right of equal : posx-Mtoo*. Men are educated to estimate them- ]■ Belves not according to the adralmm rule oftheir actual virtues and acquirements, but according to| tbsi false pro rata rule of comparisons; Possessions | aod honors are’ not valued so much for what they are as for what they shorn. They are not nought be. I : ““«o they are gold but bccaase they shine. - I J .The most we can do, at present, therefore, is to I -advance; in tho ught direction—toreroedy, as far as I ■ he,.evils that,lie in our reach, and whoso cure | Will not violently disturb the present artificial auto I , Eo f le tf■ One step, and a very obvious one, iu | this direction, is; to. exempt the. poor man’s home Irom legal process. To mske it his as absolutely as his wife and his children are his. For this end, we f believe a bill, introduced by Mr. Fowlor, whose provisions we have not examined, is now before the' i Legislature, postponed, from last session. We hope tnat bill, or something better,.will; pus the present J 1 session, The spirit of the.sge demands ll—the best | I interests of the State demand it, and the true rela I I tion of debtor and creditor demand it. , -ILrl* O. of O. F—The members ofPittsbunrh . Encaoipment, No. 2,1. 0.-of O. F., qto porucularlf re ; quested lo\be present at the slated meeting bfTueSdav evening Decembe,-.6th, nt Gfo’ciock. By orfer df the C.P. • (dee4’2t) Hebbst, P. S. . ft/" nall Roatl«»The Stockholders of the Pitts burgh and Conuellsville Rail Road Company* meet this Tw ol d !’ 1 '" 11 ,hlrl >' miles, 10 procure the above Pini- i , and ' ’““"ge m tell, before/Fhad used halfa 1 mi m> , c PV sh enuiely. cured,,and. when I had used tw o hollies, I was able to nttefici to my family vo cations, na nsual. -. .. llaeeixt Rowe. ~' Vc ’ 1,16 “’’‘lcsipicd, do eeruiy that ibis' account of M heingpersonallyacquainted with nil the circumstances. /“p. P. Jomoo».‘ ■■■■'■■ . '- . r.-i ■ S1 IKTER D- Matthews. ..i'n Tito3jASOßAy._ Staunton, Ohio. Februat/$ • I For sale by J. KIDD A CO, ':: Wholesale Druggists,No, «0 Wood»t. : A “’te* ■ / knkeLand a hardin, I , uotai.GmdAw. / Grant street. . I _ „ v,„ PITTSBURGH THKATHK. C.S. PnsTitß,-...•;-Manager and Lessee. L,'i - /PRICKS OP ADMISSION; Private boiea v . ; ..86 00, | Single tickets Dress Circlej Second -Tier*...36.1 Pit**..2se JPfivateßoxes ■ ■ ♦■•-.•Sl | Oo! pe?Sn«." ?r “ 0f Mr A - A ~DDAMS,nnd h.s las! op. {D- Mrs.H. JsEWIS will appear.' December4, will be presented • - T / A, king LEAR. /*:• ’•■ •ftfr. Addams. f Edgar •** •• -Mr.Oxlev. conclude with" l,ereand Mr! Goodwin „ THEREBE. Carwi « v ‘ •■•sMt. Addams. j.Therese • ..j ... T>wis - Doowopea atO&f Curtain will rise at 7± o’clock. v. 1; WITH THE ■ 0-*X\IS S MICRGSAopi I M°4 L I ;:!.'s, , ,ra , M^^,- 3,ydrosen -wss I I 1 '! collection of objectt utuollv ex- Uisrruinc.it, w,ll be shown thcdwompS ‘“u ■pf UV lti» galvanic balterj, .lie Jndcnenc T 0 , C |n B ,n,, rtuioil of calls Wnh the Lan- Jfe. “» c d ‘” oI ""B v.aw, ( landscapes, ( v S ,ft i Kx fj l,,,loMßW,,J commence at7i o'clock D . jeket 25 ccnts, or five for a dollor-io be had at Mr /hlnl iards °” * Je ' v *lo Store, Marker street, or at the .f- . f. vV ■ 4" ' - >-`. ~ sSwjrfay, Dectmbt^h. — "i .*»e«t, Jones. Li^j Tbecase of Zimmerly, charged with the-murder ] of lua wiTe, was ably argued:, before iho juVy, -Metarß.Jfeidelberg,lrWiffon3Darragh ) ftrrtfre'pfis^‘ '"“I V ¥ dMr - ?°y/»/7 -Cdqiijcwcalth.i The.ad: 1 dre&esoccupied itie-WliMajuMln I the charge of the Court was given.” ~~~r_ ■ Fatten. _. f , ,95 e Ji i J i rsg'i#s'M b? Judge Patton: t • fts i;/.•. in tblrease tho prisoner la charged with t|ie mur der. of. hia Rife,Maria Anno Zimmeilce. - Tlk suh" ofitnpe of the charge eetforfh in the. i’ndictme it Is, ,tbgt he inflicted on her certim wound* with'h ] ;nift} on the ltth September,‘of, which' wounds"ithe} died on the I6tb ofthe same month.' The material,facts alleged in the .indictmcJitUre.jiot disputed, j The ■ wounds described in- with ' ..some seven or eight otfier WoundsnOt set forth, were inflicted by the hand of the prisoner.', .ThelVijunffs described were sufficient to'calnse the death, amfdid 'cause it. The more fatal wounds were in tho back, t and penetrated to the chest.' The instrument iused was i long shoemaker’s ijnire.., Auhe put mortem examinaston, a piece of this knife; nearly three inches jn length, and, embracing the point,'was found in her body,- and nearly an idch of It w n s found projecting into tho chest. In short it may be said that the fact, the madner, the cause, anil the author of the death, as set forth in the indictment, are matters not controverted., , . In view of these uncontroverted facts, and of the circumstances attending the infliction nr the wounds we feel warranted in saying, at* the'outset, that the casp is one or murder in the first or second degree, or it is .ijfcnce it is Useless to occupy your time in dwelling‘op the lower grades of homicide. We may briefly, howiver, advert to ’the low m re-1 gard to manslaughter, because, by doing so, you ' may be the better enabled to understand what con- , stitutes murder, and'the distinction between murder I of the first degree and murder of the second degree created by onr Act of Assembly. ' , , * * * * tf • * A material change has been made in thecomthon Jaw by the Act of 1794. That Afet makes a division of murder into lw fl degrees, fly the express terms or the Act, there ore several kinds of ranrdsr in the i fi ™. l ■degree;,clearly defined—to wit_: -when it is caused; byipoison, or bjr jying inwait,.or in, tfao attempt to Commit a rape, robbery, hurglary or arson.' But all other kindßiof'mUrdcr in.the Aral degree, which Tall undcr ; tfib description ot“-aitftil,deliber ate, and premeditated killing,” «o left to construe TJiejury,wilhllieaidohh'c Court, must determma the character of each case from the-facta and.circemstancea'etlehding it. !Be blowing uppn every case the most careftil, calm, and impartial reflection, the jury can: seldopt err in form' ing their verdict. , other kinds, of murjer al common, law,: not | falling.uqd.cr the description: of murder in the first [ degree, would be morder ofthe' second degree-uh-' der our statute. ■ By our lair, inorder lo bring a case within the description of « wilful, deliberate,and premeditated i WM n St” there, must,,be an intent to take life,’and this intent must he gathered from circpmstjnces. : I 1 ’ 0 ’ d eon seldom bo proved by the declarations of - P 4r *J» Accused of the crime.. . When n person mod i commission, of a .heinous offence, he Is not . likely to,declare htß intention beforehand, unless it III his accomplices. Tho absence .of provocation, and the employment of a deadly weapon, are cir- tend promptly to prove the intent * and this prodf may be strengthened by the concur rence of other facts, such as sccrcsy,' or seclusion, preparation-far, pod, perseverance in the commission ofihe acibj the accord. ; When a man uses cer tsm words, ifiAconversau’on with n friend, it’ia sup posed he intends to convey the meaning which pro perly beloogs to them. If a roan.use upon the per son of another a deadly weapon, the natural infer ence is that he willed or.lntcnded .the-effect- which luch a, weapon is naturally caicnfaicd to produce,' ,lf there bo great anUhontinucd.perscvcrance in the use of the weapon, attended with circumstances of great enormity and crnclty, and dealh is the final revolt, tho manner of the nse and the death tend .strongly, if not conclusively, to coofirm the infer ence that ho willed and intended what actually oc curred. It would be unsafe to go by-snyother rule ; of moral agency m. the administration of the laws; . The act, to be murder of tho first degree, must also bo.« deliberate and premeditated.”. Tncn; again, tho absence of all provocation is regarded as ■ ail imporlant ilemof proof to show premeditation. If wo known provocation has been given; the inquiry arises, what could have prompted the party to the' act f The only natural answer is, that he has chcr ished some atcfet grudge— that he his secretly formed a design, and that ho Is, by his act,-carrying - out this formed design. " Tho use of a deadly wea pon la another circumstance lending to the proof of premeditation; and this proof is strengthened, if he has purposely prepared himself beforehand with the weapon. In regard to the space of time that may be necessary to ruruiah scope for deliberation; it is impossible to fix,u period. Some men require -less time than other* for leflection. Reflection for a 1 minute might in the caso of ono man bo enough to raise a charge »f premeditation. Io the case of an other man, it might require five minutes; or anhour, or half a day, No timwxan be fixed as U. limit, and upon the. subject of premeditation; the’Jury must judge in every case, from all the, circumstances; whether it is.or is not a feature in the transaction;-’ It is not our intention to dwell upon the evidence In this case. We deaire.to refrain from pre-occupy- i ing. the minds of tho Jury w,ih our own views in re gard to the tendency ofthe evidence. The Juty are the. judges, both of tho law and the-evidence and into their hands must he committed the fate of the prisoner. . j But we must bo permitted to say, that there arc circumstances of preparation indicative of 'prcmed itation,—of multiplicity of w ounds, inflicted with a deadly yreapon prepared for the occasion—of all provocation being absent—of sacred and long ex isting ties cruelly Violated of murderous persever ance in a scene of horror and barbarity—that -must inpvdably stamp the transaction with the guilt of ,murder; inlho.firat .degree, unless, the Jury should. find something to-Change its aspect in the evidence' produced by the defence, under the plea of insanity . It rests upon the party, making the plea of insan “y>lo establish it jby affirmative proof,,. Its exist ence can not be presumed. It cannot he inferred from the madness of the act itself; - For any man w ko takes, ihu,life.of. a fellow being, except by acci dent, in self defence, Orby the commander permis eion of tho law,is a,sort: of madman. Ilia reason ing powers must bq dethroned by passion, or per verted hy malice.' Ail ifie.bad passions of the licart, such as anger, hatred, malice, envy, .and revenge; c4rr y on a, perpetual, warfare.with the rational 'and ■PRWiat? action of ;the mind' of man in every furm of society and ,in every condition of life.— They are perpetually throwing the mind off’its bal ance, tlirnsting aside flio judgment, and impelling 1 .the man, to acta of folly and madness; But-this! is hot what.is-mcant by insanity.. There am different descriptions of insane persons: - .-*V.T_kefe ia the idiot,Who; from hiayntiyily, by a perpetual infirmity, is.non compos.mentis, f L - ; , 8,-So are persons, who, by sickness; 1 grleft or oth-: •er accident, wholly lose their.fnemory or understnbd »ng, , ~..... . 3. Lunatics arc. those who sometimes have, and sometimes.have not,: their understanding;- 1 They enjoy Jucid intervals. 4. DraolSrda are those, who, by their own vicious acta, Qnd v ct)uroe of life,.deprive themselves of un* deratandiDg. < - ' , .. Vs --< '\i &-V TK.Jvrv*- 1 : ‘w' ■ r MENEM 5 f 'i C,' ' ~'. . MMM ■' insanity, insanity. e^!^y* ne :iieB M> cr ' Dineil •fa ihWKCßtum :*^ n !vv«xtw endlesirvarieiy of shapes, 5 r*nd forma, and degrees, from raving v madness down ■ ddest; form of mofiQpmnut, ■• J. ?•« P.™tably but two classes ol persons i? be wholly deprived of under standjng. I, Idiots, who .have been the tictima of fatuity birth'and r 2, ravidg mapiacs, whom jtiu.idiyiseiriii i matrfiouse, chained 7 to ihe .#ohfe,themselves, And to protect 11 those abotjf from vtotepee* s'. ' Mat > besides these, thcro are olWifiecies pf m samty. Persons ire considered ipsanp, who are rational on mpßt- subjects, but labor tinder 1 ’ delusion in regard- Ur one Or Wore. 'A-1 person may contcrse with mwlligence—he’ may display more than usual acuteness on ordinary sub jects, and Jet in regard to othera ho may in in a complete state of delusion,* and, (he delusion' may besoiixed,aiuijierippnent, that po argument nohpdr 'Sifasaon can disturbs m t \ >* i > Where the mind‘labors under a delusion toiry in .regard to a or particular subjects, It.is colled partial insanity. 1 D civij proceedings, under n commission, of lunacy, it matters not whether the insanity be parlial or total: 1 thp person Will be .declared at lunatic,'a person or unspund mind, provided the insanity he of such' as to disqualify him for the judicious management 6f hjs-own affair/ o But a d ifferen lrul g 19 applied in criminal casea. Where a man is charged „vy t j|b a crime, and labors undertotalinSamty,he Is So clearly an ifresgonaible i being, (bat the law does not treat him as a fit'sub ject for punishment, arid he must be acquitted. Bu t ‘ when JlO labors under an insane delusion in regard tt a particular subject, (which would bo a case or partial insanity,} Iho offence with whichho lacharg. ed, must havo a connection with that subject, and must thus appear to have- sprung from the particlar delusion; otherwise he will be convicted. Aid if amoffcnco becommiltr d by a lunatic, during a lucid interval, he is held responsible foMheaclj'ahdimay be convicted and punished for it. 1 If would btt un safe to eanetion a different principal in the ndmiois tration of the criminal law, as unsafe aS it would Bit' to admit that drunkenness is an excuse for crinie." ' A drunkard has been described in law; as fane, •who by his own vicious net, for u time deprivclh himsclf of reason and understanding. He has been' optly etyled a voluntar.y demon,-pnd ia not allowed Jodenveany eiemption, benefit or privilege from the condition into which ho has pot himself.'” He is' : amenable to lho law for any offence be commits. Voluntary drnnkenness js 510 erenso for any offence 0 man may commit under its.influence:-Wliord the; enme is perpetrated, und is the, immediate effect of the fit or intoxication, and-wlnle it lasts; the offend er may bepumshed. In cases of homicide, howci cr, where the accused waa actually intoxicated at the time the offence was (Committed, thefact ol his intoxication may, like any Other circumstance attending the transaction, be ta ken into consideration by’lho jury, in dctermiiiiDg the question ofjnalicc aforethought, and they may decide whether or not it unfits him for thatdeliUera tion and prcmcdilaton which form essential ingfcdU 1 enu or murder in the first degree, or how far it may tend to reduce the ktlltng.to a.iower grade of homi. J cidc. " - - ; habits of intemperance-hawr reauUed in any permanent or radical kind of iqsamly, hhc insanity of.any other description, or produced by aqyolhcrenueej it excusca the offence. :Bnt by! in sanity here, must not be understood, the mental de rangement or alienation, under which every man la oors for the time while he is drunk. Every drunken man 1a for the time mere or 1 css insane. But his insanity is of a temporal kind. It is a mpmenla ■ll Pbrcnxy, and is lire direct andmtmcdiatq effect : of' the liquor. This is not the-kind of insanity that ex cuses the perpetration of crime, although, ai we have just remarked, it is a fiicl, ’that in caaM of murder,rnay. be taken into consideration by thojury;' and applied by thorn-id the question of malice. ’ ' But where inoinity is the remote or nltuna(e-el- : f! e Pb°- r - habits of intemperance-—where (he effect takca a characterdistinct from that of mere intoxi cation—where, Tor msrance, a career ormtenipc ronco has resulted in ■ delirium tremens Or mania ' potu—it is an excuse for crime. Then the immedi ate and direct effect of thß ; liquor haspassed off, hnd' is succeeded bya disease of the mind, deprivinglhe patient of reason. But eron in eases where such is the result of habits of intemperance,; the: taw ivill> only exeuso the offender, prouded he is unconscious or the evil he is doing, or incapable of distinguish mg between right and wrong in .relation to the act committed. The insanity mnstbe of such u charac ter, as to control the .wilt, and :.to. dcpnvcithe party' of freedom of moral action. In such cases, the law looks nol lo the . causes, hut tho effect. It-recog-' nixes him in its mercy, as one dopmod or rcaimn and understanding, and as such does not hold him accountable for bis aefs. The insanity produced by it be mania, Miriam, or some other farm-may be total or partial. If it bo of a partial character; and' manifests ilseir merely m a delusion on one or more subjects, the offence must be the offspring of the in sane delusion, otherwise tho. offender will be held responsible for the-act. • ( It will bo fortho jury to apply the law to the evi dencc produced in this case..in support of tho plea of insanity, and to say what benefit, 4 f any, the prisoner shall derive from the pica. It will be for them to say whether tho evidence has established uu> of those distinct forms of insanity, which the law clearly regards us an excuse forenme, or wheth er the evidence has proved a slato of mind soclose ly bordering qn .fixed insanity as to control tho will, and render the party incapable of that deliberation and premeditation which are essential features in the crime of murder in the first degree. If he labored under absolute insanity, then he was not a responsi ble being, and cannot be punished for his act. If he was in a diseased state of njind, not amounting to insanity in the eye of tho law, but impairing Or dc stroymghis capacity for rational deliberation, the jury may say whether this circumstance should re duce the net to murder in tile second degree, or may give to it such weight as, m their impartial and hu mane deliberations, they may deem best. Thojury, in many cases where murder ia charged, have a legal discretion to say whether the act a mounted to murder in the first,or murder in the sec ond degree. This ia evident from the tenor and humane provisions of the Act of 1794. They have that discretion in this case. Or'ir they believe that a clear case or insanity has been made out, may ac quit the prisoner enurely; a conclusion, however, at.which they will scarcely arrive; Their best judgment must be exercised under the solemn obligations they owe to their oathsi their consciences, and their vows. If they believe the defendant guilty of even the highest grade of mur dcr, tl,oy must say so, and allow no feelings ol sym pathy.to stand between them and their duty. On the other hand, they must not permit their minds to he unduly influenced by feelings or horror and in toMci’le’ ,rT*,° tr ? City or,ho ac ‘ is emulated to eicite. And ff the testimony has left doubts in their minds as to thogu t oftho nrimne/ tilled to the full benefit of ’ , The jury retired j and about Bor 9 o’clock, same yearned willr'a verdictof -“GUILTY' OF MURDER IN'THE FIRST DEGREE.” >. , Atijuved. 'lhcShcrilToi'Venango county arrived ll^ c :J e! ! te r britiging 'with hiln;iwo con vicla for the penitentiary. They were tried at the present term of Court* and on last Fridiiy wcre cnn.' victcd and sentenced to.plqven months each in the- Western. Penitentiary Both were taheq to Allet •gJWW.-lRa carriage, nnji put under'the care-of' Wa jor Beckam. •• r : V*' •1 'v J .*.• .. < •' ... ’• ‘K ‘ H.": ’ ■ V.• : >,■. ■-V %7 r c * ’7' - *1- .. **• *."• / *j v , ir ' ». f * s*• t \ > t 1 ~ . The Cam*! era Ms-£' aecd^i^hi clock/tjfily, sanguine nf , SU ‘ looked c01,1, y »“ h '-. ile. That capital invested in the contemplated road would he amply compensated, nohe'doubt; for the coun try »t is to traverse is neb and growing. Someyif tho members oC.the.Company hereham: reasons: .firstfa* part ‘Jrftrip Route; and, ing the sea board,.with, the ,greatUak*»,(passing Ulroegh Pittsburgh at tbd river: Tw DoJlanL JVoaiUho i ment will secure the eompldubh' Of this Aaluabiß road : it cannot be posaibfe'%' th>. fcfinAtof-lhli wprk Wilt relax tteir efforts; .'fcy neipstgUer the ‘ Chesapeake and Ohio 'CantULwATheieomaletetfto Cumber Jarid,'and its tolit ,*ah' Outlet to the Ohio ± jf* ! *** 5 Tin TJmbrr bewti'ffjiiddhnpc ularaontbiy has rcsenllyichanged hands ondresh dcnce. -It ,i 'trotv published by-Sartirtit, it*pidaiei;- pbia,and is nbderthe editorial m&4sei(i|bfMra: Kirkland and Professor Hart. , The Janoaw nutoheF exhibits considerable improvement/amfil’kailV' a epleodidj.tcrary gemi The dlpstriliow; are charming. ~ [The.person who took! onr copy will please re tutu it.] *■ >’ > ” . &•**' <■ e i Jin I r Godev’s JUdy* Booic._The/.Wry toluf this popular magazine is now fikirelus," number. Tbe l cngra»iogs < .«re-,beautilah' aad theJuerary productions am of the faigh^alotder. Mayob’s OmcE—Saturday Afrt-ntng-J—tl’o bad" boys, whom Mitchell took'frbm’the the previous evening, were in, charged', wijtb dtwrde’rly conduct. A brother or one paichhis fineV'thVmoth. er or the other paidhiV It is hoped, iPUi/prefer the quiet of home’s fireside, to the'rattje if thn watch-boxes, that they will takecsrool the&selvei' hereafter. , ~ T ,„ , , , u An old woman was brought up, who trembled iff every limb with the effeclaof liquor. Shell ad been taken from the streets, drunk, , The Captjufi gave her some whiskey in a tin enp, and iS a' e£oft U'afe shewasahleto walktojaiK , _ Another or the same ecx'ilas in, because Bfie’had no other place to go. ,She to» went up. Aluost a Fiue. On Friday morning, tbedhtiung of the engineer in Mr.Crisweli’S Batliiig Mctom Allegheny city, took fire, arid i„ h.a alarm, 'be ran into tbe picicj-roonjjantfxoiarounlcnted'th^flamea l to some cotton. The rooffl was in ’a mojnlflVfiMcd with flames; but by Iheactiveexortionspr theworki" men and neighbors, tier serious injury whs diftfe. ' The Factory lain tbe “Bottom ” qeir the base of “Hogback.” It isaomethiog singular', Aat the same building has been on fire several times before. Onqe a button maker was routerf out;’ami fuelt a' comb maker--at] by foe. ' ■ " P£ARts or Asiehicab PoEtar.”—-Tm/m the title of 0 very costly and‘magnificent work,' on* two cep.es of which have ever pjipWujpitt/ burgh. One is now forsaie by Mouse, Fourth st. ir any of oor readers have a laste ft„ tbe brnfutlfiil, they should call and see it, befure it is soldf/l ' ■ The « Artist’s Gift”, faihe neat work, contaimngu vast quantity of teautiful engrav ings, which Morse has published, and fcnr tof sale),. 05“ A man named Thomas Higgins, Came ,to his death very snddeaiy, on Saturday UnoXning, ibout 9 ’ o’clock. He had been drjaiing id excess'for some time, and on the morpmg of hi. death, wairlaboring nnder the ead: effects of;dninkenness.HeHsthi up ■ stairs; and as soon as he set-his foptppon the last' Step, he fen forward., his face upott-the nei er breathed again. He was a poor laboring mani and has left a fauuiy. The Coroner held aiinquest upon the body. tSTWe hare receivedthc firsi nurotier bra new" 1 German paper, which baa. jqst.tnadf ala appearance in this city, called the « Widen PmntyhanfoState Gazette.” It is published- and ( edited bp.Messrs: Nebb and Mealier. The-trpograpbj fa dxtfcmely neat; and we hare nd dqulu, front the appefcance of the sheet, that It is filled with excellent matter. Fmfi.—-At about 10 o’clock.on,Saturday’ Evening, a fire broke out in (he first story of Mr. fferbsr’s storehouse, cprher oTFront and Sroithfield greets, which was not extinguished unul considerable dam age waa done. We did hot hear'the amoult»y the ■Jpssbut believe that whatever it i’s, it wjlT be c Library Association. ,* , • *.l „ - i The Factory Riot case tc-daV, in' theQaarterSessiona; There w\\) bett lewU do z* en lawyers engaged. * f/ ■» , A FURTHER REDUCTION. <’i't ? Wl&SKJffo.* 8ocla;A.li; I fm S V* . s ’ 3 *’ co,ll > CBrrenc y! or 4 mosii oßprtiVea' 1 tills. 5 lolls or 10 ilnvnnn Pegniiaa. ‘ ■ - »V. *’ , Prngnnein. anti for finis ' (dec4) AHLT.EK&' fHCKSTSON.i. OLASSES—a23 bbte; Sugar House", ' ■ ; ■\ . : ■! ‘ 40 <■ ncwerop Plamniiou; received" -(deey -■ MILLER dcRICKETSON. ■ *ou .—lo baiikeia.sub. Bore deani, “-Laramia - / ; r 10 baskets sup.lJonlear 7 ‘U.alours;’’..‘'-Vi f % ‘ 15 - MnneiHes; ree’d'oiutfor-salebv de«■-• N .JXfc anil, for sale SSgK^SSSfi KiEi“A^2£S'.Si“l& “™';r tbe I,u,poße of e, 4h VEiS «r " del? 1 ■■■■■> WM. BAKEWELt,.- .. Secfemjyj * Bll - ■ * e ' ele Sfl p,, > 011,1 se,l ' J : P a P er ■« the .j* ■rvi*- 'mM -.j--* : -r irt 3 r !!N=SW= . ■■'i f ,-v ' - >,v' -irV-C £? :-r > -Z jt" *';v i ... " - - 'v L 3 J 1 ' . NISI f-'.- MMMt= jckhold arda Ihe it 2 o’- officert News by Telegraph! Rgportftj for the Morning Post. Sentences of the Chester County Bonk Robbers _ . pHriADKtmi*,Dpe.3— ff"> TNnjioo, lwo of „ ie Chester gJftJtis.oruo.gKh eafch 4ad fl nde rßO iOTSSfeßsr'^ftrf, a a w®?ft A ? I * PE i 4 »; l>a e- 3—6 p. m. aj)4 eaatere-llpM-are opi of order “ - *«* therefor* withdqt the Foreign Neva. _, '" s _ Wbw Year, Dw.'sC&a.*. Deal- the steamer’* arrival. S?';s?. s^raaafjsass P rogsrdaprkea Money'Market—Sales of Treasure Nnf.. s. tfffptffSVi Myftmij SSSS. * : ' t&aetimore mapket. ' ‘ ;' IBAi.TymSE 1 BAi.TymSE, t De fv “3-ci;, K , : The ragrketsani 'unchanged* Dealers otuWt ing the atteitner’s news—business aullf toS«v*m account ofher. nnji. arrival. ’ * •1* on PHILADELPHIA. MARKET, s ui sj - * I ? I ' t AS EL ?WA, Dec.?—6 *. u. Bum—The market, has, been eery quiet to-dav Operators are.aot disposed to purcbaso quMI the steamer’s oows is received. The weatWiaS alao been unfavorable, aad has the effect of checking oj£ hareieenmo2£SE2t d SS{ r i*'?” a - MGJKnP— : Vhk market ft 1 1 1 1 / TT Any oilier article . r- \ r k \U - « t a • Bps^ON.lJecu£~a£/M. SS ot * £rain. Safes of Corn at 65363 fr t? v » Iu i- HudO-IOOD buat lirc.- Sales ofsooo Lu.o^l4^ CINCINNATI MARKET, - tL'S JIJ Cr»cuJit*.Ti, Deo. A, W. o ** ’* onCh ™^ 4 ' i,h " d .r o T n2-' *•**?•**• ce^f Sl ,! Ca s2c. *> gallon,; on re- Sal f ° Tes ° Ll * Wll selected for Provisions—No change,, , U .CATTLE MAUKEri w ’l «°Bl—The market legaiet,- sales to ajiur «rcnr 31 O|0«t -j J 5 f__ - r px:, *h«* frei iKstoa the.‘&r«em P.»r.r : .cnljid yard; ibundauoii - gaMTWffSM?gs^f£'. : pre f ent,T*r .njierSeial foot. .• i»y SK L ,?' m»r to necessary to be dope under the-,n*iS f ,1“ Conimisioiit-rr. All nialertal necessary [or the afmvp »<■ ■ - JOSEPH T.MAUKS_ v * j ,. ?VAj'^fso“ ,fi * , ( C<>rart -‘ s ‘“ u<,rt --Commissioner * ° FncE i Ko> umber •». 1-ua fdect did Wins' 1 A '?'*tßHAsWtt HAfcOlM,. J Wood, lonnrrij kepi b) Peck,'TtoS^?,. 8 * JrrJte • I house in the country isbeuer prepared than tto Saloon Regular toardfngr, ppr vreefc' * Sd 00 ' s»“nf»lone,aatf»j» . ..i , 7 ;. , ™ Single-Dinner -_,. (■ Sapper or Breakfast “*J gt , *"* Bathing Department trill lie open niid nfe&td nr. tor every tfednesduy mid Saturday ibronglCl the m '2XZT n :£ ul " «P«ia% ordered nt oihlrttoes Hydropathic paljentr. the subscriber srontd sbecial (l/ jroommend the .superior IbonreVi letters of his eiitah : Jisliment, being proriaed trfih die ItoiS sjalfi (SSri SKBJESBSB" “ - »“ ■-wasssßJSiasaSS-*- 'MSiH : ALEX. FERGUSON' IS™ fi tom ,hi * dato -, ,he tiairape Of our IT _ WISJSB Uses Guora, «t greaily.reilticeif nrtcca— SS3“Si nff ° f .•Wl«M»»roaii 1 mmarlne Wur,w£"SH «reei : by 330 deep to u tfi (eet street; con- . litonaanew-Brielt Houwbrd nSme.jtnd AW. a good frame Dwelling-; with oat Oven, 4c ; all in dees - ' S - CCTHBERT, Gen :nfeAi>. »"1 l>7 j»l * S f ma, *r P° !, ‘ Mtie to• f’lniltc ifi r«.' isgssr*"™! fwS® dgcihgy Comer Fifth audWooi! Benson. ■ ' ‘JfiSß'nSifS? i?-^ or^Vetl dings,Bailor Par-QMgyJt posed > of-Tiehy• frauraii t / Fl6 4 Kt jnHnX ■• ■ 1 ,eif T.'Bivro; 3r.. SretttifSfSi " Po "lflfesi ll be deiivetcd pTOropilj' _ • JAMBS WABDROP. Msnjbewr YlTtVsitLv‘ v^ ®“ n * r y ItMiacuceior JSaie. . W.. 11 10 l elarn lo^e City, next Spring, 7 J uriil - f°r City iVoperijyray?pre&eiu 1 ek ' property iVoeuniiAiV - he - Gre#n*biirg Turnpike, about_usrcnty mniutes* drive irom ibe centre of ihe City .'- v r .;, *.t: v,. - ; ROBT. D. c THOIfPSO!f; i . " No.Tltfjnoriters; Kf— TQ ; ARRIVFJrrt :CQscgrej: mixed Beaver * O’Cnnfiimere, i*+ * 1 ca*e I»a\ eifder Blnnkei*; i ' ? _ 1 bate do Blanket Codtitig; < » f “ '’& 'do. Drab - _ -do. t *‘ do. . « ; , ' 2 do. Blue ,' do. 1 do. 4 mauuftnurers. s,uTf QI «ale ai Eastern carnage added. - >' s ' -' . , MURPJIV * LEE. ’ : Jt^tgnrjtreKt,oppose ftf,!. , J TiOY4:iin ■ Steam Boat* for Sale. - —" attimiul loJiatoo large andowHVor of ihartjmr, are mw IfTewd (br/alr. ““"WW'™. qmre of J - K -mookheau Pittsburgh.:. •;. - ; v\'sV>3: it ~ : *,; ;« * ;. • \ v '• • C -Ts- fcf -£ i -' . : EMI