13 tiji.ittistiiii!, Oild#.> PUBLISHED BABY BY PENNIMAN, REED it CO., Proprietors, P. B. PiNNTA.L.N. JOSIAH lINB. T. P. HATSTON, N. FAZED, t Editara and Preprter OPFICE = moms. NOtt, 841iIiND 86 FIFTH ST. OFFICIAL PAPER Ot PlUshurg 11, Allegheny and Ana* gheny. County. Terns —pallor 'Semi- Week ty. Weekiw. One year„Aoolone yest.s 2 . 6ll l slll giee*PY—s l • so thie month - TB Six mos.. 1.50; 5 coßies,eseh 1.25 Pc the week 15, Three mos -; 75110 ' " 1.15 1/rom .r.) • land one to Agent. FRWAY, JUNEI 'NION REPUBLICAN; TICKET. STATE TICKET. GOVERNOR, JOHN W. GEARY. SUPREME JUDGE, HENRY W. WILLIAMS. COUNTY TICKET. ASSOCIATE JETIGIC DISTRICT COURT. JOHN M. KIRKPATRICK, ASUISTANT LAW JUDGE, COMMON PLEAS, FRED'S. H. COLLIER STATE SEN4Tra., TIIOMAS 110WAIID ASSEMBLY, MILES S. HUMPHREYS. ALEXANDER ItILLAH. JOSEPH. WALTON. JAMES TAYLOR, D. N. WHITE, JOHN H. KERR. SHERIFF, HUGH S. FLEMLNG =EMI JOB. F. DENNISTUN. CLERK OF COURTS, JOSEPH BROWNE RZCOILDEB. ' THOHAB H.; lilpiTHß. commissioirsa, CHAUNCEY B. BOdTWICE 1t5 . 011317.11, • JOSEPH H. GRAY cisrukor ORPELAN6' COURT, ALEXANDER HILANDS. DIRICTOB OF POOR, ABDIEL MoCLITEIC WsxT On the rids pages of this morning's Clerarm--Second page: Pennsylvania, Ohio, West Virginia and Washinyton Items, Miseellaneous. Third tknsi Sizth pages: Oommercial,_lTnancid, Mercantile and River News, Markets, Imports. Seventh page: Letter from Boston, General Reading Matter. II: B. BoNIA at Frankfort, 136i@86i. PETROLEUM at Antwerp, 4.9 ff. GOLD closed in New York yesterday at Mg. Committee of Ways and Means have arrived via the Pacific road, in San Francisco, after a brief and pleasant journey across the continent. Tux, new cable from France to America is being rapidly laid by the Great Eastern. Not many days more and, France will be tied as closely to our country as England, and electricity will work for all through the depths of the ocean. ' THE Venango Citizen announces .that the engineers of the Jamestown and Franklin Railroad have determined on tunnelling the hill at Oil , City, going in at the mouth of Holliday Run and coming out above the river bridge. The , work is to be put under contract forthwith, and to be completed within a short time. Tin mass for one thousand, lacking one, years of the Pittsburgh, Fort Wayne and 'Chicago Railroad to the Peinnfrylva nia Railroad Company was yesterday con summated by the bond and stockholders of corporation. Oat of fifteen million dollars of the stock 'Noted only a single million was entered in the negative, and the principal part of that, we have reason to believe, was polled by the President of thee. P., F. W. & C. Company, who is said to have been consistently opposed tothe measure from its inception. Thus hits been accomplished a grand move in rail way matters, and we have no doubt but the consolidation will prove beneficial to the hairiness community as 'Alen as ad 'You leons to those immediately 'lnter est- • as stock and bond holderi. Tin Ohio Democracy hold their Con ventlion at Columbus July 7th. They are likely to nominate Judge R. P. RA: may for Gtovecnor, and_ slide back into the old rut where so many Wheels have already rolled over them. Eke of their journals itrivi)to avert this otitastrophe, by urging the nomination, instead, of that incom parable humbug, S. F. Cam, upon a platform of mingled temperance and whiskey, the rights of labor as he ,ex pounds them, and the revived dodge Of greenback redemption for the public debt —the whOle inirigeld with as small a pro portion as possible of the pure and orig inal democracy. But CART Oita win. BARRET will be the choice of the , Con.; vention, and the people'of Ohio will bury • hunla Octoltei, for. the .third and last time the hope ,of any; ; temporal reft lea analatzne will renumber the terri ble seclOut which, occurred near Port Jab's, on,..slo 4 ,:jr,ffiejtallroad, in April, 1868. frightful. The aceld4t, ifta } iiikiViiekttrltuted by the pbllc to a broken rail, but the officers of the road did not partake of the belief. Immediately . after the accident, a swarm of thieves, known not to hive been on the ill-fated train, made their ap pearance on the ground and set to plunder the dead, dying and helpless victims. This circumstance led to the suspicion that the rail had been tampered with, and the band of thieves lurked in the .lieighborhood awaiting for the train to jump the track. Experienced de tectives were employed to trace out the criminals, and More than' a year's diligent labor led to the arrest of one of the number, a man named 4oirNl3ownx, who is at present confined in the Pike county jail, at Milford, Pennsyvania. The evidence was sufficiently strong to fasten the guilt upon him,but the depraved wretch, suffering with the "heavy load' lacked in his heart, unburdened' himself, and made a full confession of the crime. No punishment has ever been 'invented i r r t r which would prove too ieve for the fiends who could plan such a t ful act ' and carry it into execution. i view of this development of human de' avity; i l t may be safe to charge most of the acci dents credited to broken rails to eangs of robbers whottake that method to secure booty. :tore I ' 1869. THE GEORGIAN TURNING-POINT The Supreme Court of Georgia holds tilir colored citizens to be eligible to office, the right to 'vote of necessity in volving the right to be voted for. This, decision covers all the questions, in dis pute but one; under the constitutional privilege of the legislature to be, itself, in its two branches, the sole judge of the qualifications of its members, its present exclusion of the people of color from membership cannot be reached and over turned by any judicial authority. The decision really covers the whole field of debate upon the true intent of the local constitution and code of laws, establishing clearly the abstract right of a colored man to election as a legislator, but recog nizing the legislative tower to disregard that right when he presents his credentials. It is apparent that this forces the rebel in terest into an awktiiird position, and one which cannot be held for any 'Considera ble length of time. It places the exclu sion of the colored members as so plainly an act of substantial usurpation, that the good sense of the people,—a quality which even the white men of Georgia cannot be wholly without,—must, sooner or later, submit to the inevitable necessity, and consent to the complete inauguration of a principle which their highest tribunal has thus declared to be the law. When that consent shall be so given, by the l i legislative recognition of, this decision in all its bearings, the State will find itself instantly relieved from the existing embar rassments in its national status. The wisest thing they can do is to convene their Legislatufe forthwith, acknowledge the action of the Supreme, Court, and re store the expelled members to their seats. , That would end the Georgian question:at once—and it the only mode of settle ment which they will find comfortable for themselves. If, howeVer, the State shall prefer the Federal coercion rather than a dignified and honorable submission to the authority of its own Supreme Court, it has only to persist in thb line -it is now pursuing. Oar sincere trust is that State pride will now intervene, and improve tbis excellent, opportunity to withdraw honorably and promptly from a prolong ed controversy with the Reconstruction policy. No better turning-point Is like ly to'present itself. ?ditch trouble has been.caused through out the country by the constantly recur ring disputes betwee&property-holders concerning the boundaries of their lands, which were undetermined on account of the inaccuracy of the surveys by which •, they were first laid out. The amount of litigation resulting from this source is enormous, .not only in the United States, but also abroad, where it had become so frequent a cause of disturbance and trou ble that in Zugland and France the Gov .ernments have .taken upon them to as certain the true, boundaries of the real property of every land owner, and the dnance maim of those countries, which have been the result of this action are models- of ' minute accuracy. We believe none of the United states have as yet undertakes anything of this sort, but should they they ever do so they will , find that many of the necessary elements of such Work have been furnished for them by the United States Coast Survey - , which, in its recent prolonged campaign, 'has de termined accurately the position on the surface of the earth of many of the most noted paints in the country.. Among these is Pittsburgh, and through the uni ted labor of the Observatories bridge and Allegheny the longitude of the latter has been determined to within A small fraction of a second: The latitude of. the Observatorylad to , be determined by an entirely different process from that fused in finding the longitude and involved several months of labor, and the skilled use of the in struments with which the Allegheny,ob servatok through the liberality . of some ourdhz,ens, h as been provided. • professor LA Glll, of the Western University, has had this important work In charge, and we congratulate him on its „sof:9:# Lie4Osttoll. As de; termleil obierrigo4 ll l tfo, longitude ii„dgfeterteili betwee n the oftiorvattileiiil -WaSidugten #Ol 7. leghenittr 11m 508.11—ehiien nituutesand fifty and two-tantits seconds. The lett- OUR EXACT POSITION . ~,~,.ex~., 21ITSFUROB GAZE! tude, or distance from the equator, IEII4O deg. 20 min. - 36 sec.—forty degrees twen ty minutes and thirty-six seconds, with a possible inaccuracy of not more than tiwo rods. Although these observationsare of a thoroughly scientific haracter, they • li. are of, a practical utility Bich Must be recognized by every civil engineer and by many others who are in eretited in the 4 I - e ii ct determination of our option. THE PHILADELPHIA. REsoLir- TIONS. I, • The platform which was delineated by our friends at Philadelphia is comr: y act and of by no means extended lines, ,et it is remarkably successful in comprehending all ;the political lashes which can at this time legitimatbly engage the attention of the people of Pennsylvania. In rec ognizing with gratitude the victory of 1868, we re-affirm the principles for which that momentous struggle -was made, and which are to live forevermore, in the ripe fruits which they have even now begun to yield. to the American people, under the reorganization of their domestic and foreign politics, in the interests of inter national honor as well as of the internal repose and prosperity of the Republic. Republicanism in this great Common wealth honors itself in seiiing its first official occasion to ackno*ledge the fideliity with which these princi ples have been adopted as the guides of the present National Ad ministration. Contemplating the preci sion with which President GRANT bows to that unbending line of political doc trine which the, great party of the Repub. lie has been steadily arrayed upon ii the past eight years of trial--regarding the frank cordiality with which the president has accepted the wisdom of that ,iState craft which the General defended tri umph against the avowed hatred of rebel millions —not forgetting the assured confi dence with which not a few citizens,-ill iiishers to our parry, and . to his honor; predicted,less than twelve months ago, that his election would prove the final ruin of American Republicanism, as up. held and loved by the majority of his countrymen—considering, in fine, how much Of loyal duty to himself, to his par ty, to his country and to the history of the race, we have looked to him for, and how gloriously he hasjustlfied his friends and scorned his traducers,—why should not Republicans rejoice in that victory which niade him President, and grateful ly confess how clearly their just confi dence hes been maintained? We proclaim the personal and' political equality of all men under the Constitu tion and laws, and we uphold the offi cial declaration of that equality, in the Legislative ratification of the X Irth Arti cle. If our opponents desire an issue on the bare principle, since the act is no lunger a matter of controversy, they are welcome to it. The act is 40t to be un done; but, undone, it would be done again. Pennsylvania is a Common- wealth of freemen, who love freedom be cause they understand what it means, and - who have not the wish to deny its unrestricted rights to any man who loves the music and follows the flag of the Union. Let the partisans who would have it otherwise, take the Issue, if theY will, upon the principle which is immor tally enshrined in the American heart,— and they will live to rue the folly of their npposition. The Administration, the country, in ternational comity, public law, and the common sense of Christendom, must alike recognize the sterling wisdom, with which our Republicans, and those of that other great State which binds our border on the West, concurred, at thsame hour, in expressing their entire con dence l in the wisdom of the national poll 'y to -4.. ward foreign peoples, and n declining to embarrass the Executive counsel with any partisan intervention. Mr. SIIM*I6 and those other politicians wko have proposed to make a political issue upon the Ala bama controversy with England,, need not pause either in Pennsylvania or Ohio, they must go farther West,ifthey can go far enough, to find a Republican endorsement for that precious proposition. We sympathize with every struggle for liberty. We bid a cordial God-speed to the Cubaixs, who avow their resolution to be altogether free; we wish then well; but we see our first duty to ourselves. Not even for free Cuba, are we to forget' the securing, sooner or later, of that solid satisfaction which is now due to the Re public from one of the greatest nations of the earth, for her violation, to our great ,Injary,'of every substantial principle of internitional neutrality. We, cannot af- ford to release England from' her just obligations, by aiding Cuba to throw off her allegiance to Spain. International justice embodies a principle fully as admirable as that 'of national freedom, and the just chdina of each have no con flict between them. . ' , • Touching the 'rights' of labor, we up hold those rights , in the American inter est. The Repabliciins of Penniylvania can never speak of tiese with any uncer tain voice. Do our opponents make - an issue on that? Bhall they talk of their love for the laboring man, when they re fuse, year after year, to strike hands with us in sincere and effective efforts to secure an adequate protection for American in dustry? They are welcome to all the, cheap capital they shall know how td make out of superficial ichemes for <the promotion of some cleswinterests at the' expense of!others in our , midetizso long as ley shall stand. oinfesiedly Willie to that- American system which would protect all our industries, and all .;ho national Inter- JUNE, 1E69 eats which these embrace, against t& rivalry of any other people on the planet. The platformlias Leen wisely framed. It covers all the needful ground, and it is broad enough for the whole Union to stand upon. Its parts include all the Points which are of national or locaLconcern to day, and upon which the Republican party is agreed. There was no need to say more, nor could more have been jus tified. Quite enough of doctrine is pro claimed to call out h full 'Republican sup port, from every friend of General GRANT, of American honor, of a peace= ful and proiperons Republic, and of the equal rights of humanity. • - BUTLER, PA. The Snugart Poisoning Ca Prisoners Demand Separate Trials —Alteged se regularity In the Ventre—Medea to ,Quash the Array of' Jurors—Evidence In Support of the Reasons Assigned— Argument by Counsel. CCorreoondenceof the.l'Utabargb Gazette.] ! BUTLER, PA., June 23,1869. THE SHUGART CASE • i W called up immediately upon the ope ing of the Court, EX o'clock Tues day morning, when the first skirmish betiveen the counsel occurred, eyin cing the ability and thoroughness with which the contest will bet conducted. The attendance outside the ' bar was not very large, which is partially accounted for by the general expectation that the session would, foi the most part, be oc cupied by arguments on the legality of the jury array. . The prisoner, Mrs. Shugart, occupied a seat alongside her counsel, directly fac ing the witness stand. She was.dressed in deep mourning, black dress and shawl, pinned closely around her, and wore as ahead covering a large, sombre colored Shaker bonnet, which concealed her fate from the view of all but those at whom she looked. She is of medium height, slender and gracefully formed, with a quick, active step, and. has evidently been more than ordinarily handsome. Her features are regular, and her deep, black eyes of piercing brilliancy never seem to rest for more than an instant , upon any object. Her appearance Judi-, cates a complete breaking down. It is : said by those who have seen her in Court for the first time since her imprisoninent that she was hardly recognizable, and I looked dot:dile as many years older as Ole had been months in her cell. Trouble and imprisonment, and, more than all, communing exclusively with her own thoughts, have left their impress upon the - victim. She seemed to be laboring under a state of great nervous agitation, and her countenance was generally drawn up as though'in agony of terror and deep anxiety, while she kept alter natelyeweeping and muttering inaudibly, as though in prayer.- She appears de primed of hope, and irresistibly attracts the pity and sympathy of all but the most hardened beholders. THE CASE. CALLED. At the opening. of- the Court, Judge •McGuffin and his assoaiates on the bench, the case was called. The indictment charges Philopcena Shugart and Joseph Martin with the murder of Jacob Shu gart. Judge McGurn° inquired if it was the intention to demand separate trials for the accused. If there was to be a joint trial, Martin would be brought into Court; but if a separate trial was desired, he could remain in jail until the proper time. The defense stated that separate trials were desired,' and that the necessary pro ceedings would be taken at the proper time. The list of jurors was called over, all answering to their names. . TM:MULE ABOUT THE JURY. Col. Jno. M. Thompson, counsel for the defense, arose and moved to quash the array of jurors, for the following reasons: . First. There was no venire authorized or ordered as required by law. Second. No venire was issued, or exe cuted, and any jurors, or alleged jurors, in attendanee were not called, drawn or notified as required. • Third. The list of jurors alleged to be drawn is not on file, but only a paper purporting to be a "copy." Fourth. The aleged list is attested by one of the Jury Commissioners, J. W. Christy, who w . not present at the al leged drawing, . McClung being the only one•who di attend. Fifth. There a leis than forty-eight I l e jurors drawn an summoned and on the alleged panel. • Sixth. AR itappears already that a number of per ns who are in attend ance now are n lon the list, but were notified to atten last week, and an equal number should be here of last week, but are not, the net Is by this mistake ,ditninished to th t extent. Seventh. The 1 st of jurors as drawn (illegally) was to en to Sunbury by C. 1 McClung, ten 'm l es away from the coun ty seat, and has e 'induce remained and is there now. • , Eighth. The jrY wheel 'is not now i, and never has be n in the ctishidy of the Jury Commission re, hut is in the cus tody, possession and control of the County Commlssi ners of Eqtler county. Ninth. Thatthe alleged venire, directed to the Sheriff 'andl Jury Commissioners, and in evidence, authorized- the Sheriff to summon the allegedury to attend on the second Monday of June, 1869, being the 14th day of said month, while the jurors were summoned to attend on the third Moaday of June, being the 21st, in stead of the 14th, Of said month. t Mr. Thompson I exhibited the list of jurors, showing that fifty jurors were al leged to be drawn; while only forty-five had been summoned and - returned by the sheriff. ,The' names of Daniel Porter, Ebenezer Christy,) E. F. Woder and H. G. Gibson were on the -list; but were al. leged not to have been notified. Ile asked that his motion be granted wi th. out argument, or that they be allowed to substantiate their charges. The Court refused to allow the motion to prevail without proof, and called for the testimony, which was as follows; J. W. ()twisty, sworn—Am one of the Jury Commissioners of Butler County; was not present officially or otherwise, and did not participate in the drawing of the jurors for the June term - of Wart, 1869. Dlu't,recollect when Abe drawing woe Anadic - 011V0 ;no knowledge of -It, except from hearsay. Do not know that any jury 'was drawni further :than the papers say. Had verbal notice of the time the drawing was to take place, but was absent from the county at the time. [List produced.] .. This - list is in my Handwriting; can't say positively whore it was made - out, we met in Mr. Wl - house, at Sunbury, about eleven miles from Butler; didn't get through with the lists, and I took some papers home and finished them; think the list was made from the slips of_ paper drawn from the jars , wheel. ;The witness here, described' the manner of draw ing for Jurors a , The list is made-out in alphabetical order; not always dOnd in' the presence of the tall Board; "certified: th dolt to be Crimea the: aith of Mr., hfo-- olung's statement; I consider it the offi-. 'dal list. Oroes•examined, ) ' =I Z=ME wheel in the Commissioners' oftlee. Have no method of correcting r rro.rs af ter the jury has , been drawn. The origi nial tickets are thrown away. The draw ing' is done in thetiheriff's office. Mar/es McClung, Sworn.—Am one of the .) - Ply Commissioners; never signed this list. until this morning. [ Phis wit ness' to moray was in corroboration of Mr. Chri Ws.] The testimony for the defense here closed, and the following was elicited on the part of the Commonwealth: Charles Hoffman, sworn.----Know Ed ward Mooder, one of the jurors drawn; did not serve a notice on him, as he could not be fourd. Sheri r Story. sworn—Did not serve any notice On E. F. Mooder, because I was told no Much person Was fn town. Deputy Shercr Ross, sworn—Had a no tice for Ebenezer .Christy. but was in formed that he was out of the county: also one for Daneil Porter, but discovered him to be dead. The examination of witnesses closed here. Mr. Charles Mcf.landless, counsel for the CoMmon!wealth, moved to amend by allowing, the clerk to amend the venire, so as to make the dates on it •corres pond. He thought it was merely a cler ical error; and a change could do the de ferdant no harm. Mr. Thompson objected, because it was not a clerical error, but doing work now which properly should have been- done thirty- days before. He continued at some l length in support of the motion and the reasons assigned, contending that the Court had'aio right to allow a change of the record like this, as it would place the business in the hands of clerks and not in the law. He argued further. that but forty-six jurors had been legally sum moned •to appear, when forty-eight at least were by law required.', Until that had been done, the law had been disre garded. He claimed every tilnidow of a right beinnging to the defendant, of which this was an important, one; there was not a juror properly qualified for sit ting in thebox, and the whole trial, if proceeded with, therefore would be ille gal, and would in that case ultimately have to be gone over again. Mr. McCandless followed for the prose cution. He contended that the law had been. complied with in -very essential particular, and that the error was merely a clerical one, which should not be al lowed to delay the triaL Justice to the prisoner, as well as the Commonwealth, demanded this. In reference to the argument, that only fortyaix' jurors were summoned, he con tended that legally three of the remain der were excluded, and one had answered to his name, so that in fact the jury array was complete. The counsel continued his argument upon this point, which he claimed wag the enly apparefitly proper argument advanced, and which, when examined, lost its force, from the facts in the case. When he ceased , speaking the Court adjourned until two o'clock. AFTERNOON SESSION. Court met at two o'clock. The attend ance of spectators (many of whom were ladies) was much larger than at the morning session. The interest in the case evidently is on the increase.'- Lewis Z. Mitchell, Esq., counsel for the prisoner, claimed attention in a lengthy argument in favor of quashing the array ofjterors; in which he took up the reasons urged therefor,, and con tended that any of them, singly, in such an important case,' should be sufficient, when proven truthful, to accomplish the object aimed at, which was , simply justice to the prisoner. At the conclusion_of Mr. Mitchell's ar gument, Judge McJunkin directed that the officers who made out the list be examined. Mr. Mack, sworn—Was employed iu the office of the Clerk of Courts at the time, and under the direction of that officer made out the list of jurors. Knew the venire should have been made out for the 21st day of June; never knew until this morning there was any mistake. - Mr. Eastman, sworn—Was Clerk of the Courts at the time the venire in question was issued; authorized •Mr. Black to draw the traverse jurors for the second week of this term of Court and the grand jurors for the first week. - Shen:" Story, re-called—Was sworn be fore drawing the jury; the others were also sworn; distributed part of the sum mons personally, another part through my Deputy, and others through • so quaintences of the jurors called. [Wit ness detailed the manner of selecting the jury, making out the venire, serving the summons, &c., which was substan tially the same as testified by the Jury Commissioners.] Never knew until to day that there was a mistake in the venire; did not look at its date in making - out the summons; knew without this when they should be dated. The-argument and testimony on the motion bore rested, and the Court ad jdurned for the day, vrith the understand.: ing that a decialon would be given at the opening of t•Wednesday morning's sea- MOIL - W. B. H. [The above should have reacbed-us in time for publication in yesterday's GA ZETTE, but did not owing to an oversight, or mistake, of the Butler Posttnaster, by which the leiter was carried to the Alle gheny Posteffice, instead of being deliv ered from the Pittsburgh office, accord ing to directional - I The Motion to quash the Array of Jurors Overruled—The Arraltnixtent—lmpan., • netting or the Jury- T ./04131gs About Town. ,• ' Btrriasa, PA., June 23, 1869. The Shngait Murder case promises to be one of absorbing interest. The greatest call; and deliberation is mani fested in the proceedings, and whatever may be the result, the right is certain to prevail. There Is a very large number of witnesses on hand, among whom we notice Prof. Otto Wiith, of Pittsburgh; who made a chemical analysisof the con tents of the stomach of the victim. Mrs. Shugart seemed remarkably -weak in the Court room to-day, and looked as though a few months longer imprisonment would be sufficient to place - her OM of this world. It is said she has not seen any of her children since her first day's imprisonment, Which is altos she feels very sensibly. The second day's proceedings own mantled on Wednesday morning, the Court opening at the usual 'hour, Judge MoGnflin presiding. = MOTION TOQUABR OVHRIIULED. Coldiot Thompeon stated the Pri' 'oner's counsel, 4,4ue reflection, bad thought it but primerlopress their mo tton to quash the array 0( jurors, and de sired an opinion from the Court. Judge MoGiutlin said it had without desire to have the case proceedo any objection, and the prisoner accorded a free, full and impartial trial: but when the motion was made and argued, it demanded and bad received a careful and thorough examination. Answers were returned as follows: In reference to the first objestion, "That no order had been issued by the Court to the Clerk fir the issue 'of a venire, as requirmA ' by, law," the Court held t h s t.tindei the title" governing the ractice in stick abase heretofore the or der had 'been made by- His Honbt Madge Agnew, and • after an exam nation he had found rule five, the part i cular one referred to, to be in accordance with law, and a very jut and fair rale. Under lit the venire was issued, and the objec tion was thereforeoverruled. His Honor held in reference to the ea, on objection, that by rule five the cl e „ r d the authority, without direct ord in the Court, to issue the venire, an efore overruled the objection. T ird objection, in reference to the form writ, was also overruled, His Honor n,, •Iding that it was according to law. • The fonr , objection, as to the date ill the venire, ,vas also overruled. The rules provide for the meeting of the Oyer and' Terzr, finer and the Court of Quarter Sessions on the second Monday of June, or fine aivek of the term, but the jury trials in: - 61 as Dyer and Terminer mast commence ...an the second week of the term. The isee,ortd Monday, 21st June, is but a contintiatfon of the term of which the 14th af June is the first 1 Monday. And the'Jens stated in the venire is correct: the dote is merely a clerical error, of no foree, and one. Which the Court would amend.- if necessary, as asked by the Commonwealth. Had no date been mentioned at all, the venire, stating the term, would have been cor rest, because the law fixes the date it self, and it is only necessary to inform a juror at what term he is expected to be present. • The objection to the, manner of issuing the summons by the Sheriff was also overruled, because this was merely a matter of convenience, the Sheriff being supposed to do this, or to get it done the best way he could, either by calling per sonally or by a deputy, or sending with an acquaintance to the residence or place of business of the juror. The law con templated this when it only allowed a Sheriff thirty cents for delivering the summons; it is a law which should be amended. But there was no irregularity in the service of the summons. In reference to the objection as to the number of jurors, His Honor held that the official list certified to showed fifty names as diawn, which is the requirement. The list was duly certified, and the addition of Chiba ty's name neither helped nor hurt it, un der the circumstances. The next duty then was to give notice to the jurors, forty-eight in any case. The Sheriff did this, but returned four out of, the fifty as not found; one of these answers to his name at the roll call of the jury in Court, Which is as effective as a notification by the Sheriff; of the other three, one died ' after he had been drawn and before being notified, rendering service nugatory, which makes forty• eight notified legally, the dead juror being considered in law, as one of the number properly notated: of the other two, neither are to be found' in the county, and the. law does not re quire of officials the performance of an impossibility. So- both these returns were good. A full panel was thus re turned, and His Honor overruled the objection. The last objection urged was in refer ence to the notification of W. H. Gill. His Honor said instead of W. H. Gill. that W.A.. Gill answered the summons, and was discharged. There is no crimi nal case on record, wbere a man's middle name, being improperly spelled. was al lowed to be sufficient cause fot challenge. The Assessors returned the names, and often so abbreviated that difficulty way • created. These are errors which cannot be avoided, and as they did not affect the case materially, the objection was over ruled. His Honor concluded: "We therefore think there were fifty regularly drawn jurors, and that the services of the sum. mops were proper. For these reasons, gentlemen, we overrule the motion to quash the array. Let it be put upon the record that there was a motion made to quash the array of jurors. and let it ap pear the court overruled the motion."; Col: Thompson, for the defense, then filed a request for a bill of exceptions to be sealed, and Mr. McCandless, for the Commonwealth, filed a replication to the plea of the prisoner's counseL THE ABRAIGNMENT. Everything being now in readiness for the solemn ceremony of arraigning the Prisoner, the usual order was made. The subdued hum of whispering and laugh ing and chatting which had been heard, suddenly ceased. The interested spec tators outside crowded closely around the bar, and the attention of the Judges. officials and ' spectators was irresistibly drawn to the centre of 'attraction—a spot to the right of the Bench, where sat she who was now to be placed on trial for her life. A silence, deep and paipful as the grave, pervaded the Court room as the Clerk proceeded to read in a clear and impressive manner the Indictment, charging Philopo3na Shugart and Joseph • Martin (as accessory) with the* crime of administering poison (arsenic), on or about the twentieth day of October, 1808, in the food of Jacob Shugart, from which cause he came to his death. -- For a few minutes, during the reading - of the first part of the lengthy paper, the prisoner stood with uplifted hand, as n is the custom, but very soon sank back into her chair, as though exhaust ed, and, pale ass corpse, remained seat ed, with her eyes fixed intently and ap parently with a stupefied gaze upon the reader until he had finished, when, ass's- tel by her counsel, she again arose, and in reply to the usual interrogatory, in a low, trembling tone, pleaded "not gull- ty." Her son-in-law now came in and' took a seat beside her, where he remained during the day. _ l , , r IMPANNELLING Tn. & TWIT. The arraignment being over, the Clerk. called the names of the jurors. Absentee's, , avere brought in'by the Sheriff; and the, business of impannelling the jury was • proceeded with. The remainder of the,, 1 morning session was occupied with this business, five jurors having been ob tained up to theour - of recess, •twelve 1 o'clock. ' - AE : OON assatow. Court met at two o'clock, and In coo- . tinued the impanneftinft r the j about an hour and a half, four more' jurors were sworain, When the_panetwan ' exbausted, the Commonwealth haling gr eremp to rily challenged three and the efense fifteen in all. TThe Court ordered the doors to balooked, and the Sheriff to:.. summon froca the spectators persona front which teaseled, faleenten to complete the • jury,' Several persons were'tenet's - Ikt ' all were-refjected. The Court then or- dared the Sheriff to "go out among the - D well, and bring in good and true men fo the number of thirty, from. which to select latennen, and let them be brought before the Courtto-morrow morning." . Judge McGuffin, previous to the ad journment of the Court, addressed a few- words to the'jury. He said. "Gentlemen -Yoh have now been chosen as jurors in this important case; and it will be neces= eery to place you under guard as directed by law. You must not hold communion- ' tion with tiny one except through the.: Court. Yort'cannot receive letters except through the same medium. You may, write home, or receive newspapers or publications containing nothing in refer ence tothis case. There are present gen= tlemen of the press who will report- the proceedings as they occur and have them. published. These -papers • you, mutt not tittle until after:the trial. All your "in- forMetion must come from the mouths .of the witnesses and- aIL your laW from: the Court" Measu res ,wilt be taken to. st yss base , ProPtTiexerol4o,:•.apd -for thhif purpose the constable in whose charge you will be will attend you and walk outside with you each day. The law, geatlenzeu, requires all these reitria - tIN*O• II
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