The star of the north., December 26, 1850, Image 1

THE STAR OF THE NORTE
fi. IF. Heaver Proprietor.]
Volmrfc 2.
TUB STAR OF TIIE NORTH
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From the Boston Chronotypc.
I OWE NO MAN A DOLLAR.
BY CHARLES P. 6HIRAS.
Oh, do not envy, my own dear wife 1
The wealth m our next-door neighbor,
But bid me still to bo stout of heart,
And cheerfully follow ray labor
You must know, the last ot those little debts
That have been our lingering sorrow ,
Is paid this night! So we'll both g) forth
And shake hands with the world to-morrow! j
Oh, the debtor is but a shame-faced dog j
With the creditor's name on his collar,
'While I'm a king and you are a queen,
•For we owe no man a dollar!
/-) v neighbor, you saw in his coach to-day, ;
\ \j,h his wilo and his flaunting daughter,
Wbii'® we ' al d° wr| at our coverlesa board,
•pg crust and a cup of water.
I saw lb'"' l ' 18 ,eßr ( ' ro P S,OUl ' )' our
Thougid y°" ,r ' p <! }' our b est I" conceal it; j
I know th* 'h" contrast reachod your heart, |
And you i*>u!d not help but leoi it ;
But knoffiu'S now, that rtur ecanly'faro
Has freed'" n y "cck from the collar, j
You'll join my and help mo shout j
That we owe ttffwan a dollar 1
This neighbor whose has dazzled yon.r j
la fact, ia wretched dbbtor, [ojch, i
I pity him, oft, from my" very heart,
And 1 wish that his lot wore belter.
Why the man is the veriest slave alive ;
For his dashing wife nu" daughter
Will live in style though ruin should come ,
So he goes like a lamb to tits' elaug.iter:
But bo fuels it the tighter every day,— !
That terrible, debtor's collar ? ;
Oh! whnt would he give, could lift sby wiin j
That he owed no man a dollar ! L ,!S : ;
You room amazed, but I 11 tell yoa mote ,
Within two hours 1 met hitn ;
Sneaking away with a frightened air
As il a fiend had beset him ;
Yet he fled from a very worthy man, 1
Whom 1 met with the greatest pleasure i
Whom I culled by name, ami forced to stop, |
Though he said ho was not at leisure.
lit held my last note Iso 1 held him last, ;
Til! ho freed ruy neck from th" collar,; i
1 hen 1 shook his hand as I proudly said
-Now, I owe no man a dollar !"
Ah ! now you smile, for you feel the force
Of the truths I've been repeating ;
I know that a downright honest heuit
In that gentle breast was beating. ,
To-morrow, I'll riso with a giant's ttrength,
To follow my daily labor;
But ere we sleep, let us humbly pray
For our wretched next door neighbor : j
And we'll pray for thu lime when all sliail
be free
From the weight of the debtor's collar; |
When the poorest will lift his voice a.id cry !
"Now I owe no man a dollar!"
Allegheny City, Penn.
CHARGE OF THE COERT
In the case of the Common woul'h vs. Dr. j
Wui. H. 11, Crandnll tried lor the Hur- !
der of Elizabeth Smith ; in tho Oyer and
Terminer of Columbia county : lion.
Joseph I). Anthony President Judge.
William H. 11. Crandall stands indicted '
before you for tho crime of murder. The
indictment charges him with the c Hence iri
the following words :—( Here his Honor read
the material charge in the indictment ) To this
indictment he has pleaded that he is "not
guilty," and lias put himself upon God and
his country for Trial. You have been in a
great measure selected by the prisoner, ac
cording to the forms of law, to decide upon
his guilt or innocence. In criminal cases
tho Jury are iho Judges of the law as well j
as of the facts. The court has tho right j
constitutionally to advise you in questions of
law, but the decision is left to your own
judgment.
By the common law the crime with
which the defendant is charged, would bo
murder. Sir Matthew Ilale gives the foi
>. "*uig a#doctrine ruled by him in IG7O.
•iff be with child nd any one
, ' ' _ n ion to Jeslroy the child within
gives her a, • WO rks so thor
her, andelpr j 8 mur j er . f or
ought/<fcal't ,- „> disease, but ua
rt das not to cure her ot A t >
lawfully to destroy hor chitu' ' h n el '
and therefore he that git# a patfUj) ° - I ' B
and must take the hazard, and ifitVi.. '' '° e
mother It is Hale, Pleas of w e
•Crown 429—30^"^— See also 1 East P. C >
• Chaptor 5 section 16.
Although by the common law such a crime
would Irate beeu murder, yet in Pennsylva
nia, unless the intention of the perpetrator of
the mischief was to destroy thejifo ol the
mother, it would only be murder in the sec
ond degree. Where the illegal aot which
produces death is malicious and perpetrated
■with an intent to take life, the offence is mur
der of the first degree, and is punishable
with death, but where no such iuterU is ap
parent, tho crime is reduced to murder of
the second degree and punished with im
■prisonment. The act of Assembly of 1794
on this subject say*
"All murder which shall bo perpetrated
by means of poison, or by lying in wait, or
by any other Jrind of wilful, daliberale, and
premeditated killing, M which shall bo com
mitted in the perpetration or attempt to per
jpetrate any greon, rape, robbery, or burgla-
BLOOMSBURG, COLUMBIA COUNTY, PA., THURSDAY, DECEMBER 26, 1850.
ry, shall bo doemed murder of the first de
gree ;.and all other kinds of murder shall bo
deemed murder of the second degree."
I The counsel for the Commonwealth have
candidly admitted that the facts in tho cause
I i do not warrant a verdict against the prisoner
j of murder in the first degree, but ask you to
1 ; find that he is guilty of murder in the sec
-1 ond degree. It will not therfore be neces-
J | sary for you to inquire into the distinction
j between murder in the first degree and mur
der in the second degree, because Common-
I j wealth does not ask for the conviction of
| j the defendant of murder in the first degree—
! but you will observe that the act of assem
! bly requires that tho jury before whom any
! person indicted for murder shall bo tried,
| shall if they find suA person guilty thereof,
i ascertain in their verdiot whether it bo mnr-
I der of the first or second degreo."
I In proooeiltn:* to, examine the evidence in
I tho cause, the jury are to presume that the
I prisoner is innocent of all crime, until you !
1 are satisfied beyond all reasonable doubts of
j his guilt. Has the evidence satisfied your i
! conciences and your understandings that his J
! giih is established beyond reasonable doubt? ]
j The prisoner is entitled to any and every !
; view of tho facts consistent with his inno- '
; cenee, and ho ia entitled to an acquittal if
• you can take BUCII view of the facts as will '
: enable you to entertain reasonable doubts j
I of his guilt f but if you are satisfied that his j
| guilt of tho offence with which ho stands |
charged is clearly established, then it is your 1
I duty to find him guilty.
I
What was the cause of E'izabcth Smith's !
\ death!
In determining this question the jury will
! take into consideration the fact ol the pris- ;
oner visiting her at I'rovidenco at tho request j
I of her mother—the meeting of tho deceased !
! with the prisoner at Mrs. Tuttla's at tho Nan- j
I tic.lke dam—their journey to Williamsport I
j and thence to Tetcr Shady's where tney re
mained some three or four days ; occupying :
the same room—their arrival at Bloomaburg i
' at Brydy's Inn on the 24th qf July last, and j
! their srpe ration at this place ; where ho went ■
i Northward and she started in the stage to ]
Danville and arrived the same evening at
|-ho residence of her sister Jane Gunton.l
! From the testimony of Dr. UpJcfmff it ap- ]
\ pears that when she came from Bloomsburg |
jto her i-istor, she took tea at tho Doctor's ;
house, and he observed an uneasiness about '
V her and that she was suffering paiti; and;
j drew the inference that she was perhaps in j
i the family way. On Thursday evening shrj j
j ariive.il at her sister's near Danville; on Sat- j
I uiday following she was lat on very sick, |
j and on that day, according to the testimony
] of her sister Jauo Gunion, the abortion took !
' as Elizabeth Smith afterwards told i
her. Her sitter found her bed clothes very j
bloody --Mid changed them. She testifies j
; that she sv>' Elizabeth take medicine seve- j
i ral times out t-f the bottle with the glass
' cork, which Dau'or Scott testifies contained
! oil of sat in. On thu' Friday before she died,
| she first told her sislor lJt she had been
| with child, and that the DoF' or had given
; her inedecine to produce abortion, and on
j Sunday afternoon told her sister she old no
1 hopes of living at all. On Saturday, J' e * •
| coming worse, Doctor Updegraff was sent .
j for, and upon visiting her and examining J
j her situation, he told her she would not*live j
i long ; and ho thinks ho told Elizabeth that J
j he thought she bad an abortion— she replied j
I that she hid: that she had been in the (ami- |
ly way : that Doctor Crandall, through the ,
' solicitations of Mr. Rankin, had undertaken I
to produce an abortion; and that the medo
cine was put into her hands by Doctor Cran-1
dnil with directions how to use it. She j
showed him soma empty phials, and two J
partly empty. One had a glass stopper. |
The Doctor smelt and tasted the medicine, j
and ho supposed it to bo the essential,oil of i
savin, in part. Upon inquiry by the Doctor j
as to what Elizabeth had done with the j
child, she told him she had buried it and de- j
sctibed to him the place. The Doctor, by
I himself and in company afterward with sev- •
eral others, carefully searched for the child
but could not find it. John Guuton says 1
that Elizabeth, on Saturday before she died, ;
told him they had killed her. He testifies 1
this—"lt was on Saturday, I think, I went to !
her rem. 'Oh John,' she said, 'they have j
killed me I"
The appearance of Elizaboth Smith alter |
her death—the hardness of her breasts; and !
the bloodiness of her bed—have beeu testi
fied to by Martha Saunders and Susan Fitzi
mom, Many physicians have also been
fully examined on the question whether sav
in might or ought not to bo used when a j
woman is pregnant; and how far it i 9 prop- ;
cr to use it as a medecine in menstrual ob- |
( n,"Cations. All the evidence which die jury i
may bb.'' ?ve applicablu to the question, what
caused the of Elizabeth Smith I will be
carefully consider""!) and you will determine
whether her doatli wA? caused by savin, or
by savin and olhct noxious ingredients.
Did the prisoner canst the death of Eliza
beth Smith ?
If the jury are satisfied that her death
was caused by savin, or savin and the other
■ ingredients set forth in tho indictment, the
! next inquiry wi}Ld>e for you to determine
• whether the prisoner caused her death. This
I is a fact for you to decide, exclusively ; and
in so doing, you are to take into careful con-
I sideralion all the facts and circumstances
r detailed ill evidences. In addition to what
1 we have aire ady referred, in considering the
- 1 evidence as to tho cause of her death we
. I would call attention of the jury to the writ
- j ten prescription given her by the Doctor as
JTriilh and Uigiii—God n*#ur Country.
■ to Iho mode and manm r of administering
i tho medicine, and his denial to her mother
on his return he:mo that ho had Eliza
[ beth—telling her that he was at Pittsburg,
i and that her daughter fio had not seen.
■ ; It is said, however, that all Elizabeth
) Smith said aboLt her pregnancy, her alor
' lion, and about Doctor Crandalt's giving her
medicine to cau.-e it, is erroneous:—that hr
i ! riiling through the country with the Doctor.
- without the knowledge of her parents—the
■ very weak ar.d imbecile condition of her
r . body—the taking of medicine under the di-
I reelion of the Doctor and bv bis written
j proscription ; was merely to euro Iter sup
i pressed menstruation : —that sho underwent
all the pain and anguish which she suffered
for weeks, away from home and relatives
part of the tune—that her death, in fine,
j was caused by persevering in following the
I proscription T of her physician in '
j tioti of the menses. Was not she on hpr
' death bed when she told Doctor Updegraff,
t her sister, and her brother-in-law of Iter sit.
| nation ? Would it not be singular if at
| such a time sire would falsify? Did she not ;
' tell Doctor Updegraff that she had been
; pregnant and had lost her child? Did she
i not tell htm that Doctor Crandall had gin n
j her inedecine to produce an abortion ? Did
! not Doctor Updegraff find her situation such
I as to be satisfied that she told him the truth?
j W her. the Rev. Mr. Elsegood visited her on
I Sunday he impressed mind the
; importance of dismissing all hoper of re
; covery, and she exclaimed despairingly to i
j her sister "Oh Jane, must I die ?" W ere all j
; these declarations of a dying woman shortly
• t) appr ar before her Gad & who was told by j
her professional attendant that she would
! not live long, that the great probability was
| sco would die; devoid of truth ? If you re- J
j ject tho dying declarations of Elizabeth ;
j Smith, then you have not sufficient evidence
| of the gnilt of tho prisoner to render a ver- !
diet Rgzinst him. But if, on the contrary,
. yon are well satisfied thai lie caused her
, death by unlawful menus, by administering
i saviu to Iter to procure an abortion ; then,
i unless tlicre are other to justify his
j acquittal, you ought to find him guilty.
! It has been very ably contended by the
; learned counsel of the prisoner that there is
| not sufficient evidence that Elizabeth Smith j
i made the declarations testified to, under a
| beiiso of impending death. Lord Chief B;i
-' ron Eyre lays down the law that to make
j dying declarations evidence, they inu.-t be
j made in extremity when the parly is at iho j
' point of death and when every hope of this
| huod is silenced, and the mind is induced I
j by the most powerful considerations to speak
j the truth. A situation so solemn and so i
j awful is considered by the law us creating
| an obligation equal to that which is imposed
jby a positive oath in a court of Justice. .
| Greenleaf, in hie valuable treatise on Evi
dence, la)s il down that "it is enough if it j
satisfactorily appears in pny mode that the
dying declarations were made under a
sense of impending death ; whether it be |
directly proved by tho express "language of
the declarant, or be inferred from her evident j
danger, or the opinions of tho medical or
j other attendants stated to her, or from her j
j conduct or other circumstances of the case;
! all of are resorted to in order to as- j
j certain the stale i f the declarants mind."
"Tho cou.t in tho ti.M I'lace determine
I whether these dying declatu ,|y!is "hall or
| shall not be admitted to go to the jWV- But j
[ after the evidence is admitted by the euuf!. I
!its credibility is entirely within tho provinco j
of the jury, who, of course, aro at liberty to
• weigh all the circumstances under which
I the declarations were made, including those |
j already proved to the court; and to givo the
, testimony only such credit as upon the wholo
! they may think it deserves." Greenleaf {l6O.
| The jury in the present case will inquire !
I whether the deceased was in such a situa
' tion and under such as crea
! ted an obligation upon her mind to state the j
I truth, equal to that which is imposed by it;
I positive oath in a court of Justice—whether
; she made the statements which have been
{ testified to, under the sense of impending |
death ; and after ascertaining what' declare j
| lions, if any, were thus mule ; the jury must
[ determine upon their credibility and put j
I whatever reliance you may ba satisfied j
j ought to be placed upon them,
j This point lias been dwelt on at great
length by tho counsel for tho prisoner, and j
they have strenuously contended that her |
declarations were not such as ought to be re- 1
ceivetl. Without going minutely into the
j testimony, it is only necessary for us to state 1
to the jury that from tho declarations of the
! deceased on Saturday and Sunday before liar
! death, tho court considered itself bound to
; submit those declarations to the jury; bcliev
j ing that were inado by bar under a
| sense of impending death, uuJ wo have heard ;
I nothing to shake our confidence in that o
j pinion, JohnGuntou testified that sho said j
: on Saturday "Oil John they have killed me,"
| —that Dan Rankin had bribed Doctor Cfan
j dall to fetch her away—that he fetched her
i away from Nanticol*' dum to Bloorasburg—
| that ho had persuaded her to come away,
! and had given her all the medecine she hud
with her—that the tnedccino he gave her
i was for the purpose of bringing lira child a
way from her; and that it had dnno it—it 1
had the effect. "She said the child came
i away trom her on Suturday after the Thurs
t day she came to my house."
i The Rev. Mr. Elsegood wont to see tho
i deceased on Sunday morning at tho request
,of Doctor Updegraff, who testifies that she I
i wished a minister to be called in ; as she '
I
< snid she could not think of dyitfg, oud that
r she was unprepared h> leave the worts ~The
in blister told her hi was very low aiuictper
( j haps would not recover. Then she uttered
att exclamation 10 her ti tor "Oh Jane, must
, I die ;" and sho frequently reiterated the
. ; same remark ami said in a despairing man
r I ner that she could not die. Mr. Elsegood
r approached her bed ami ami impressed upon
j ner the importance ol dismissing from her
. i mi ltd all hopes of recovery.
r f Her sister was her nurse and almost con
. staidly by her bedside on Sunday j and in
i j that afternoon Mrs. Gunton asked her if
. 1 she was willing to die. She said "Yes—sho
thought it wa< hard to die for that cause." !
Baid the medicine was given to her by
iTJoetor Craudall to produce abortion—that it I
look place on lite Saturday week previous to
iter death—tliut on that lUtyditv bed clothes J
• were discolored nnfl l£®ody. On that
same Sunday afternoon, she teslilies, her j
| sister told her she had nu hopes at all of liv- I
' Doctor Updegrnff swears Ahat wlten he
fir-t visited her he consideretl her dangerous
—that lie supposed she had an abortion—
that the probability was she would not get]
over it, and if sho hail any thing to commit- >
! nicuto to her friends sho had better do so I
; soon. While he was with her site would ex- j
claim "my God, Doctor, is it possible that 1
niqft die !" On their tirsi interview 011 Sat
urday morning lira Dr. says idler ho told her
sho was dangerously ill, sho replied that sho !
hud every confidence in htm as a physician '
| and was eertain he could save her life. On )
j Sunday afternoon, (the Doctor says in his j
J cross examination,) when she was in a dy- J
ing stale—when her extremities were getting
cold, and gangrene had commenced its work !
j Elizabeth indulged the getting bet- t
ter ami asked him if ho did not tlfink she j
j was'better, but he forgets the reply he made.!
j Much reliance is placed by ilto counsel for
the prisoner on tho testimony of Doctor Up- j
d- gfafl 'o show that tho deceased had hopes
of recovery until Sunday afternoon, but
: whore testimony of, different witnesses is
I variant, the court canno' rely upon tho tessi- j
| mony of one ami reject tho others; but if \
satisfied that the weight of e.idenre shows
that tho deceased had no hojos of living at
j all, and had dismissed from iter mind all.
I hopes of recovery, we must submit her dy- j
i g declarations to the jury, in order that they !
ntay weigh all the circumstances under 1
winch the declarations wero made, and give j
| them such credibility as they think is moti- j
ted.
j T!:- 1 rctr: sl.fr.- 'Ve ' aww—t ...,p
upon the court to decide that we have no ju
risdiction to try him. and have attempted,
without effect, to prevail upon the court to |
determine that question ir. favor of rfie pris- i
oner. His Honor Judge Lewis, in his trea
j tisd on Criminal Law, page 10R. says—"lt is j
the duty of the court lo expound the law to |
the jury, and rhat-expositiau ought to be re- i
\ ceived, unless the jury conscientiously be- i
j licve it to be wrong, in which case they are
1 not bound. In ti criminal ease tlio jury arc
1 the judges of the law and tho facl." Tho
learned are concerned for :
the prisoner, awmon as lite coilrt decide a
I question of law against them, tdr:i to tlie ju- !
! ry and say tho court has decided erroneous- \
j ly. You Gentlemen of the jury, are judges l
of tho law as well as the facts, and therefore
every important quctio lof law as well of
fact is fully before you" finfw.'Htcefsion. If
yon conscientiously believe tha' the court is !
I wrong, ttien you have a right so to decide;
j aibl if you are of opinion that yoa have no :
' jttrisdletiOf' lo Irv the prisotter your verdict
| ought 10 bo not guilty. In Greenleaf on Evi-1
j deuce, } -I!) nolo 1 is contained the following j
remarks of that eminent, that talented man
Justide Story.— [ Here His Honor read the ex- 1
trad from Justice Siory, which tee expected to
hare obtained in time for this place. Strange to
tell, the Icork is not in the town. If wc receive
it in time, we wilt give it on our inside.]
| tVh-d arc the facts in the present case on 1
I this question of jwisdiction ?
On the 3d of May 1750 the legislature j
; erected n portion of Columbia cemtly into a
] seperato county to be called "Montour." :
1 The county of Montour by virtue of the act
was authorised to Meet county officers at the !
i election in October 1850. All suits pending |
1 in the Court of Common Pleas where ihe
! defendant resided in Montour county were lo j
; be removed on the first day of November
I last. On that day the county of Montour
I was to be considered organized, and by the
■ 13th section of the att '-'all writs and legal
! proceedings shall be issued and conducted i
! in the same manner as though this act had 1
j not been passed ur.til the first day of No- j
j vomber (then) next, at which tnr.o' ull ro
j cords ami proceedings properly belonging to I
! the county of Montour, shall bo transmitted
1 to the proper officers in the said counly ami i
proceeded upon by lite proper authorities of
the county of Moulour."
- On lite sih of August 1850 Elizabeth ;
1 Smith died at the townshiu of Mahoning, in 1
that part of Columbia county which was e- j
! reeled into tho county of Motilaur. A few '
1 days alterwarJs Win. II 11. Cr-tndall was ar- 1
rested in Luzerne c-ooiuy a charge of hav-)
| ing caused tier ijtiath by administering savßu 1
I &.c. to produce abortion; and brought lo the ;
jail of Columbia county, fur oil that limo
j there was no jail, no sheriff, no county ofll- j
cers of any description m' Montour county. I
At the Augu'i Oyer and Terminer of Colum
bia county an indictment was presented to
the Grand JurjMtid found a Tine Hill. The
prisoner was brolgtu before the court of Col
umbia county and, upon being arraigned,
pleaded not guilty to tjie Indictment. On
j the 20th of November 1850 tha prisoner be
ing brought into Court, and you being called
were without objection duly sworn and affir
med "lo well and truly try and truo deliver
ance make between the Commonwealth and
lite prisoner of the bar; and a true verdict
give according to your evidence."
It was shown in evidence that Elizabeth
Smith died on the sth of August 1850 in
Mahoning township. Montour counly ; and
' the counsel for the defendant contends that
; these facts oustod the jurisdiction of this
I Court. The title of law with respect to tri
! al for offences is that the offender should be
j tried, in cases of murder, in the comity
! where tho death happened. When Eliza
beth died, what county had jurisdiu
' lion of tho offenco with which the prisoner
is charged 1 Was it not Columbia county I
No other county t'jen had any jurisdiction
over Turn. Montour county only existed j
, in name—there was no officer to execute 1
! process, no jail to roceivo him, 110 authority j
] 10 try him : and even on litis very day we ]
have no evidence before us that there are !
Executive officers duly qualified within tho I
] county of Montour By the act of July 2d j
; 1839, for tho election of l'rolhonotaries, |
> Cletks, Recorders and Registers, it is declar- j
led that no commission shall is -uo within j
iho lapse of thirty days after the election, j
and shall commence and lake effect from the I
first day of December next after such election, i
1 By the 7th and Bth sections of the act of e j
' reeling Montour county, the officers required I
' by law to give security lor the faithful dis I
] charge of their duties must do so before j
, they can enter 011 the execution thereof; and
I the Sheriff, Coroner and other officers of the I
] county of Columbia shall continuo to exer.
. cise tho duties of their respective offices
j within the county of Montour as heretofore, j
j until similar officers shall bo eleoled anil J
j qualified to act within said county. Wf at j
then is to be done with the prisoner at the I
j bat ? An indictment has been found by tho
j Grand Jury of Columbia County against him
and ho has pleaded to that indictment. The
county of Montour, when the otfence is al- i
leged to have been committed, was neither j
i organized for legislative, executive or judi- I
,-ial purposes; and now must the prisoner j
be kept in the jail of Columbia counly till
the county of Montoui becomes organized '
j ami authorised to try hint ? Or is ho end- j
tie-1 to a speedy public trial by a jury of tho vi |
J einage ?—a jury of that counly which was I
1 duly organized for judicial purposes at the!
j time of trial. Will it bo pretended that i
j Motiiotir county is now in a si'nation to try |
...a!-"..p.-S-r f What skariff is ta tabs charge j
of him ! —what jail is to hold him?—what ;
Clerk is there of the Oyer and Terminer in 1
| Montour county 1 We have 110 court in j
j Montott 1 county at this time that can try!
him. The defendant is entitled by tho Con- j
j stitulion to a speedy ami public trial. And so 1
| early as the year 1785, an act was passed !
1 declaring that "if any person shall bo com j
■ milled for treason or felony and shall not be [
; indicted & tried some time it: the next term, '
session of Oyer ninl Terminer &c., or other i
court where the offence is properly cognisable ]
j after such commitment; it shall and may be
I lawful for the Judges or Justices thereof, and j
' they are hereby required, upon the last day j
of the term, session or court, to setat liberty !
the prisoner upon bail, and if such prisoner
shall not be indicted antl tried tho second j
term, session or court after his or her com- '
j mitment, unless the delay happen on the ap I
plication, or with the absent of the defen
dant, or upon tho trial si'all be acquitted, he I
shall be discharged Worn imprisonment."
| The second term will in a day or two have I
! ended; and, if wo are not competent to try |
j the prisoner, he must under tho above sec- j
■ lion be discharged. If the offence' is not j
1 properly cognisable by this court, we have no I
j tight to restrain him of his liberty, and he !
cau go without delay. Suppose the legisla- I
ture, instead of fixing tho third Monday of
] December 1850 lor holding court in the now
i county of Montour, had declared that none
j should be bald there till Docetnber 1851;
| must the prisonor be incarcerated till that
period in our jail, or would he be entitled lo
his di-charge? The constitution says he
shall have a speedy antl public trial, and
| yet the legislature say he shall not. By do
j ciding that the offence is properly cognisa-
I bio before this oourt, new sitting in Colnm
j bia county which had full jurisdiction of tho
offence when it was committed and whicn
has not, in our opinion, boon taken away by
j the act of May 3d 1850 erecting Montour
i county, we carry out tho spirit of the consti
i tution and the act of 1785, and do not de
| prive the prisoner of any right or any privi
; lego awarded to him by the constitution and
laws of his country.
' A question has been raised whether the
j prisoner in the capacity of physician did
j not administer tho medicine to the deceased
for the purpose of curing her of suppressed
' menses. If ho did so and was mistakon as
: to the nature of her complaint, it is decided
| that his i Petitions were good; and if fiis de
I sign was to administer medicine for her ben
' ofit, and contrary to his expectationsffio pa-
I tient dies this would be neither murder nor
{ manslaughter, but misadventure. But on
t tho contrary, if the physician knew that the'
; deceased was pregnant, and administered
the mediciue for the purpose of destroying
tho child in her womb—it, as the deceased
i declared, he gave her the jnedicino to pro
duce abortion—and if tho mediciue taken
by her through his directions produced the
desired effect, and 111 consequence of such
abortion the life of Elizabeth Smith was the
forfeit, then the prisoner would be guilty of
murder iu the seoond tfcgree.
This cause lias been so fully and ably ar
gued by tho counsel, that it cannot bo expec
tod for tho court to extend their rentalksary
further. You are the appiopriato tribunal
to decide the law and tho facts. You will
caro'ully and diligently examine all the ev
idence in the cause, and after resolving ull
reasonable doubts in favor of t! o accused,
you have a solemn duly to perform ; and
we foel confident that it will bo performed
to the best of your judgment and abilities.
Your duty to tho prisoner, to the Common
wealth, to yourselves and to God, imperi
ously demand that you divest yourselves Jof
every prejudice—every partiality—every
other motive than Justice and Truth."
If you acquit the prisoner you will return
a geneial verdict of not guilty But if you
shall find the prisoner gtfilly of murder, it
wffl.ha JiocosiaiK..haLa:iu-sJuuo &u.
| ding that it is murder in the second degree.
| How MANY WIVES MAY A MORMON HAVE?
. —This question has beeu deputed, and it
i has been as.'eited that a -Y'ormon was re
stricted to ono wife liko all good Christians
But a correspondet of tho Philadelphia Ir.-
j quirer, who writes from tho Groat Salt LaL'O,
| puts a different faco upon tho matter:
I An impression exists abroad respecting
the number of wives which each Mormon
j is allowed, and which it ma; not be amiss
to make a few remarks upon. I have made
| itiquiiy of those who know, and I find that ;
, each member as well as the head of die ;
i church, is privileged to make as many wives
as ho can decently support—that is if all
parties coucerned are agreed—and to each i
, lie has to be formally rnaired in accorelaneo ;
with tho law, i n such caso tnndc and provi- j
, dcil. I havb not a word to say in defence of
\ this odious and demoralizing feature—but
| merely state the facts.
I
| A young lady stepped into tho store of a
merchnnt by the nauje of Wade, and very j
innocently said sho would liko to be icciglied 1
(Wade). "Really, lam sorry," said he •
j "but my wifo would tell you that you were :
| toe late by a eouplo o c years.
' t It is said that a proposition will be ■
j urged upon die New York Legislature to re- i
I move the seat of government from Albany J
j to New Yoik city.
! DON'T WAlT.—Never put off till to morrow
j what you can do to day, said an advising
| mother to her child.
; "Well- then, mamma, let u oat die cran
berry pie that's in the safe," was-the child's
; precocious reply.
-
i CF" How true the saying, That "all raan-
I ner of crimes may be proved against tho
; unfortunate ; but tho successful ucver sin."
'- ll -
rSf "Is that Barnura?'' said a young lady
j as a man of largo proportions advanced to [
the front of the siege. "What does ho play
on I inquired her still youngor companion.
"He plays upon the people," growled out i
the gruff' voice of an old gentleman a few !
| seats off.
CB" "I am so tired," said the big wheel to i
th" little one. • Who spokeV' said the little
: wheel to the eart. "Not me—l always hold !
; my tongue," said the cart turning round the i
j corner.— Boston Post.
,,,,,
I IF'The Spirit of tho 19th Century is to '
make money; yo trying to do so without ad- J
I vertisiug in the newspapers, is liko using a j
; new pump without throwing in a little water •
j to start it.
j HP" "Where are you going?" said George
• Selwyn loan acquaintance. "To see a friend" !
'Well, I will go with you, for I novcr saw,
one yet."
j ty The only capital punishment the la- '
dies are in favor of, is hanging around their
necks. Capital enough.
Hill
ty Nature is spoken of in tho feminitio |
gender, because she is so extravagant in rich I
carpels, drapery, dress and perfumery.
, |M|
IT An honest farmer thus writes to tho ;
Chairman of an English agricultural society
—' Gentlemen, pleaso put me down in your j
lis; of cattle for a bull."
'
I V A late English writer, in speaking of 1
the United States eays; "It is the land of j
largo fanes and thinly peopled graveyards." j
ty Elihu Burriu rays that the best cough !
drops for young ladies are to drop tho prae
lice of dressing thin when they go out in tho ,
night air.
I3F" Tho man with a "brick in his hat" ,
was in town on Thanksgiving day. He swore;
he'd rather have a bottlo of tho "real siingo" j
than all the newspapers in the world. Happy
freeman.
X3T Two dramatists of (he femitte gender, ;
had an "affair of honor" in N. York city re-;
cently—one flourished a bowie kni!& and
the other pulled hair. The hair puller was
victorious.
Cy An Ark is being b.i It by a man down
East, in anticipation of the next flood—of;
tears ihsd by bis wife, when h$ nftt —
itake her to sh opera. He thinks he can
weather the storm.
[Two Dollars per Ansa?!,
NUMBER J
TUti PHILOSOPHY OF UIMAX LF .
At four..wit years of age, I siite'oJ *
I ] dry good store a* A clerk I hud U r s
J very au ive boy. Tim sedentary f,.\~ ,
! probably caused me to become dyrp' :
1 was troubled wi h flatulence and .
ing, and thought it useful to eat m-i) •..
> ! expel the air fivm the stomach. P,-s.\: * *
said I had citsump ion of the luny. -
ordered a low diet. Afier sc.era ye. .. ,
I without change, I thought they misum
stood iny case. I eat more, and pas v'.'l
. on to mature age and was troubled, UJ:~*
- lywiih flatulence and belching, but
much pain in the stomach also ; and .<•.
tors advised ntu to take 3'iltcraius or so, .
tto neutralize the acid, and peppctmio'.' >
ease the pain. I followed this prescript,
and continued to eat heartily. IT I did i
; take regular meats, at regular times. I v ,
j greatly. My COM.' tenance was pale
| sickly an usual. I c ntintted this cou
without much change till about forty yi
of age. I then ruminated upon the K
jet and the thought occurred, that 1 iv
| mdre than the stomach could digest p.--
croy, which caused the pain and flatule' i
I rlesolvcd, at once to ?at half mcais and
i fry the experiment. A hen I left the v
' bio with half a meal it was painful to my
feeli gt. Between ten and twelve o'ci : .
I found it nsccegiary to cat a crust
a cracker or two, till my stomach >
formed to the change. I soon found
I I had discovered ibo true cause of m
health, and had no 'rouble of belching r •.
pain in the sioniach and my countcua:
became healthy.
I required grost watchfulness and it I.
I detiial, to leave the table with hafa to > .
i and a good appetite ; but I persevered,s i \
became confirmed and sati.-fled that I h
adopted the true course. Half an .V
after eating, when digestion has begun, •
I hungry feeling ceases, if not eat a crackc.
j or two. Itii the habit is fully estatilisbc .
j This course. 1 have pursued for the laitc.
half of my years and I have enjoy"! im
i proved health,, vigor, and comfort, i act
! obliged, h ,wevtr to vt'atc'i my appeti
; a <1 not indulge in it, for it. would lead .r
I astray, as I have.found, when I have it.
I cautiously eaten a very little too much. '
i am tiot sensible that my faculties are it
' paired now, at four score years. If I tab „
J cold, it leaves nie in a qttarler of the tin. .
jitdi !in early life. 1 formerly ate supper
and suffered if 1 did not get an earl/
; breakfast. I now lake a light meal at to'.
! at fiva to six o'clock, and breakfast at sev
en to o'elock, without any ineo.t
veniei.ee form hunger, after fourteen bout.)
lof abstinence. \\ hen I ate m ire, a. T
formerly did, if I lust a meal, I tlid not i
j cover it for a fortnight. Now, if I losco
| meal, 1 feel no cramp and Utile in
convenience from it. This course I
I proved to me to be the troe philosophy
: life and health. Except for this; I should
have been mouldcting in the g'avc tive .t •
j years ago.
1 If the stomach is stimulate 1 too hie':
! bv eating and drinking, it flags as tnur!.
I below when empty, and causes pain
ib oh extremes If y u cat but- little, n ,
i stomach is at easu and quiet. 1 drii.
water only ; and do not uv; mbscc ,ir ,
any intoxicating liquors, nor any narcotic .
I I do not eat to lee! any fullness", but mere
|ly t • check the hollow feeling. If tK-.se
who had suffered as I did, read this, ami
are willing to practise self denial in eat
ing, they may ptcfit by it as 1 hni do-,
The stomach should not be idle nor loaii
j ed, but uniform meals are the suiist course,
j If necessary, eat iwo or three crackers bn
j iween meals, till the habit of ea.iiij; L.lf
| ineal* is established. This is condemned
by many —the error is in eating too large
a lunch, and not by eating little. If you
tell your friend that he eats too mueh he is
; offended.
J More persons die by eating and drink ■
| ing too much, than from any other cause.
Many would live on a hundred years, bv
i 'his regimen, as tlieantediluvians did, who
only ate vegetables. Children should be
i taught to eat as little as they will be sat
j isfied with, and plain food will accomplish
I this best. If you are troub'cd with belch
ing, it is a proof that you have eaten too
■ much for the stomach to digest propsriy.
j If the food is properly digested, the wind
| will pass down. Thus it is a good test,
j I write this oil the importunity of friends
who think others may pro lit by it. When
I was a boy, there were no meat markets
but in large cities, and every one provided
sah beef aa I pork for the summer. Thev
ate fork and potatoes one day and potatoes
and pork the next. Then they ate to
I live ; now they live to eat, and must have
• delicacies from the four quarters of lh
; globe for a meal.
DAVID TOMUMSON',
&thentcta<ly, Abo., 1850.
ASIIKB AIIK DEODDRISXKS. -It is a fact
j of which few persons are aware, that both
wood and coal ashes are disinfectants for
animaj and vegetable odors, when brought
1 into contact with them. So effectual are
{ they for this purpose, that human feces
when buried in litem, at once cease (ogive
o(T any offensive smell. This property
: renders them of much value for city, or
even countryqnivics, where it ia an object
to use these rich manures.
In consfquence of the presence of ao
large a quantity of the alkalies in*ashe, a
I portion ol the incipients for forming am
monia is driven off, and for the reason
. charred fuel, as wood coal, or half burned
peat, is belter. But in the absence of these
ashes may form an economical, and in most
cases, an entirely convenient substitute.--
| The ashs from a small, single grate have
I been found sufficient to neutralize the ef
fluvia from the feces of aJajniljKef a doz
en {teaaEs —Utrrvtli' A triple benefit pro
curable gratuitously—a benefit to |e health
to the comfort, and to the wealth of the
community. , - ~