13
tiji.ittistiiii!, Oild#.>
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T. P. HATSTON, N. FAZED,
t Editara and Preprter
OPFICE
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Ot PlUshurg 11, Allegheny and Ana*
gheny. County.
Terns —pallor 'Semi- Week ty. Weekiw.
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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
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tIN*O•
II