WM BEM
(AUGUST TERM.)
[Reported for the Stark Banner,]
In Common Pleas.
Gee. Him*, Adm'r of Action of debt In
Chas. P. !tmes. for the this ease, a balance
we of W. D. ilium, was du* to Plaintiff*
1 .
es. , on threenotesforwhich
J. A. Winrott dr. T. C. j judgment had been en.
MHO. tered—to pay which
Bate their note to the Prothonotary.
kie the aill amount and costs. Plff. called for his
money. ' , sod finding none, refused to accept the
note as payment. This suit was brought to re
cover thlbt, interest and coats to present time.—
Verdici fw Plitt
. Waaireltlian for the This was en action
use of George Rimes, brought to recover the
.1, es. amount of a judgment
Atatinany D. Kurtz. obtained before a Jus
tine under the Act of tBlO, giving Justices it con
eterrentjarisiliction in certain cases with the Court
of .Comasolt Pleas. The question involved was, i
whether the Act of 1934 took away this concur-'
tint jurisdiction or not. Verdict for Plat
Oyer and Terminer.
COMlnworealth, No. I —A unruat Term
w. Indictment for IllUaler.—
trideriek Smith. Trite Bill.
Deputy Attorney 0 r ner3l 'Reed, Cooper, end
MoConaughy for - Pusecivion ; Sinyser, Buehler,
and McClellan, fm D e fence.
On Tdesdiy morning the Prosecuting Attorney
moved to quash the indict :neat against the pris
oner foetid at the Janne ry term. on account of an
intemsfily, and a new are havi vq been found at
the present term. Motion grante d.
In the afterneon Mr. Smyeer, for the defenee,
moved to quash the present indictment, obtain el
at this term of till Court. an having been done with
out:notice to Dofondeit's coeesel, so that he was
depri4ed ofthe privilege of challenging Grand Ju
ror,. The Grand July, however, being still in .es.
Ilion p by whom another hill could at once be f o u n d,
and no practical bedetit being likely to ensue to
the primmer he the delay, the motion was finally
waived by the prisoner's counsel, in order t o pro•
card to an immediate trial.
At 8 o'clock, the prisoner was arraigned at the 1
bar of the Court. and, after having the indictment
read to him, pined not guilty. The Court Room;
was densely , crowded by minions spectators, and
the priaener, in charge of Messrs. Stable and Hein- i
aid, acting as Deputies of the Sheriff, with some'
difficulty made his way to the hue. His general 1
bearing seemed to evidence entire indifference as j
to the scene transpaing around him, although his !
features appeared somewhat more dejected, and 1
his face paler and more care-worn than at the
April term.
The Clerk proceeded to call a Jury. Out of a
panel of forty-eight, eleven Jurors were obtained,
and the twelfth from five talismen; twenty havine
keen challenged peremp - orily and twenty-one for I
c tuse—the prisoner ezhau ding his right to peremp- ;
tory challenge. The following Jurors were then 1
sworn,
John Musselmon. Jr., Peter R Noel,
Frederick Malinger, Joseph Kepner, •
James Patterson. James 'fiternpson,
John C. Ellis, George Culp,
Daniel Trimmer, Peter Sell.
Peter Smith, - - Robert Cobean.
Mr. M'Consughy, for the Prosecution, address
ed the Jury in an opening speech of about half an
hour7in which the details of the evidence which
the Commonwealth designed presenting to the Ju
ry, were clearly and concisely stated. It wo u ld be
proven that a cruel, wicked murder had been com
mitted on the person of Mr. Frederick Forster, an
aged citizen of Menallen township, residing a
short distance from Areniltstown, on the night of
the 23rd of November la-t; and such a chain of
steer, positive circumstantial evidence would be
presented to the Jury. OS would fasten the guilt of 1
this murder upon the prisoner at the bar—whose
route from his home in Reading to the residence j
of the deceased on the day and evening preceding
the murder, would be distinctly traced, as also his
route on the return homewards the next and sub
sequent days, together with such additional cir
cumstances stimuld leave upon the minds of the
Jury no possible doubt as to their duty under
their solemn obligations. -As these circumstan
ces will all appear in the course of the testimony,
it were a useless waste of space to give them in
detail here.]
Mr. M'Consughy having concluded, the lure
were placed under the charge of constables, with
strict injunctions to allow no intercourse with per
sons out of their number during, the night, when
the Court adjourned to 8 o'clock in the morning.
.f Irchusday Morning.)
JACOB ICECHLER called by Prosecution and
sworn.—l live in Arendistown, 300 or 4A yards
from 'Forster's house. On Monday morning frl•
lowing the murder. sent a boy over to get Forster
to make some clothes, who, looking into the win.
door of Footer's house, saw blood, and came back
forme. This was about 9 or 10 o'clock in the
morning. I went to Footer's house, looked into
the window, saw something was wrong, went hack
to Arendtstown, got assistance and returned. The
doors were locked, the front door having a handle
which screws oft . ; it was ofl: Got into the kitch
en window, which was open. Found thu body of
Forster on the floor, his head and upper part of
the body on the fenther•bed which was wrapped
srounei the head; the feet and legs being exposed,
lying on the floor, and under the bedstead. The
tipper part of the body was not under the bedstead
The head was lying enveloped in the bedding,,
with hands drawn up to the chin, hankerchief tied
round the head from under the chin, and a pool of
blood collected immediately under his face. A
number of holes in the head; lips cut; holes into the
skull. There were six or seven clubs in the room,
all bloody; one knotty, on which was hlood and
hair; it was stove wood, two feet lng. thickness
of my arm, and all bloody. The zoose (tailor's
smoothing iron) had hair and blood on it ; it
must have been hot ; there was skin on it ; on the
handle it was bloody. There was a brickbat.
blootly.in the room. The body was left undistur.
bed until the arrival-tit' the Coroner. There was
Mood on the chaff-bed on the bedstead, which run
on to the floor, several yards. Forster was 52 or
53 years of age. lie came from Germany ; lived
near Arendtstown these 10 years.
X-Examined.—llid not examine the wounds
myself; the head was not swollen, very little if
any. The goose was four or five feet trout the
head; there was skin on the handle. Forster was
weakly anddelieate. He was a tailor. One room
and kitchen below; entrance to kitchen and then
into the . room ; the shop was in the room. the bed
there, aside the back wall; one window in front
in the middle of the room, and one in the gable,
also, one in the back of the room. The handker
thief * * round the head was bloody, not dry ; the
hands were all broke. There wile blond against
the wall ; the body had nothing, on tint a shirt ; was
adore in front of the bed; weather cold; two
Chairs in the room: OrIC small bench at the foot
of the bed; a table behind the door ; candlestick,
with candle standing on his beech; blood on it,
as though it had run down Chairs not thrown
down. reirster's cheat was lac ken all to pieces.
By Fraseeution—The chest was broken open
at its hinges with a stone or brick; the lid was
broken into pieces; the hasp was still locked
It . contained a money purse, which, from the
marks. seemed to have had money in it ; a linen
purse, s foot long and as broad as a hand; it was
amply,. There were some other things of no cal.
410 lett in the cheat, which was all rumaged. The
slight of the 23t1 of November, 'lluraday, was a
nits!, dark. foggy night.
By the Court—Forster was a middling sited
man. 'rite clubs were scattered round the stove.
Ileum was 150 yards from any other; near A-
Inaaatatown, Adams County.
By Pmeecotion—ln the kitchen, on the
nasal a hocks, with probably halt gallon of wa•
tor. *Mak was Woody, as though hands had been
washed is it. Found also a loaf of bread cut
N►maal).
By Detenee*The panelled !wen lietlas though
stomata the money with a string which lett a mark ;
at •fish% halo been they* a long time; it was
cantle, tutbtiached. Borne of the sticks in the
=f!tM=
s l ow gg as Phi stow Oppo,ite the bell; bloody
Abilitriats em the rl o ; looked a* at there might
kip?* here' warns. The body had nothing boa
1011 4 sidstfelothing were lying on a chair.
/BOOS LOWER celled and sworn.-1 we*
lie iheneines heave ft Monday the mur-
Atte ' 11le itrataitr ram. to my sow and said he
Wei *44 ii ntelelees bowie. We went ever,
rV I *
0 14 „4.k.4.14.4.14 in th e wiedoor
qleiteilett the rendition of the room.
' ' leitilied by 'M Yhaltlar.) Far .
tql„ , , iiPent 3ill at Id vows ath i r, had
. IMP II iocial'ia *Oa.
K Examined.—Examined the goooie. found hair l a year and inns going to gel ev idence; told him
and blood on a ; the blood wee dry, and the hairl to go to a squire and get the papers. Ile did rot
crisped as though the geese bad been hot Saw say any thing about the matter lecher. and next
the handkerchief; it was tied on the top of the day I co stetted to Benito. as be said. to hie 'lx's.
head ;
the heed lay keel with the honky, 'the Ile bud no bundle then. It ci as alter b o'clock
blood run through the bed on the floor; chest iin the morning Moen he left Ile came baek the
was at the font of thio bed. Forster's home oat / next Friday , had no bundle, he had a sore
on the road from Gettysburg to Arendtstown.— hand. I asked him how he got it. He saki in a
My store IS about 100 yards from Forster'is house. smith shop in Berlin ; said he was quarrelling
By Prosecution—The night of Thursday, frdal i arid caught up a hot iron, not knowing it to be
of November, was very foggy, hot .
ByCourt—Forsterlived by himself, .no other X.-Examined—l know it was the 22d of No
person in the lionee. %ember when he called at my house • for it was
By Defence—Think I maw Forster pass on the day before a holyday ; know it was Friday
Wednesday evening to Kreider's. I when he came back, trim my books. I did not
JAMES . KNOB called and sworn—Went to see the hand, it %las wrapped up. When lit lett
Forster a on Monday morning to get clothes rut; 1 he said he vies going home, and must be there on
the key (handle) was off the door; saw blood I Sunday. That man in the same person (pointing
Ito the prisoner.) I knew him When he brat came
through the %a indOW , went and told Mr. Kechlor,
and after went back to Footer's house; the yi an-Ito this country.
dote of the kitchen was up. [ Rest of witness' 1 DANIEL ZIEGIF.R eworn.—l live in Para
eqiilenre so to appearance of things at the house ! dire township, on the rood from York to Berlin,
was similar to what had already been given .] l abont 9 miles from the loonier. Prisoner came to
DR. CH a 111,ES HORNER e " orn. I ant iny house on the Got ernot a thanksgiving day,
d !cell after (limier. after 12 o clock ; he eat
Coroner of this County. On tin 27th of Novem
liinnerYwith me ; don't know whether be told me
crick Forster. Found el
her, l'ole. I held an inquest on the body of Fred-
' ,here he is as going. He went up the road to
ite hod% on a feather -bed ‘
snarls !belie. Ile had no bundle then ; came
oil the floor ; the holy nit, rd a ild knees drawn iii, ;
b ink to my houae next morning about 8 or 9 o'•
the fare lyine on the feather- b ed, with much blood
r: , c . ... Ile had a bundle or bag; that one (a bag
•round the heed. Washed the 'reel ant fire. My
being exibited) looks exaely like it. He said
father aadeted me in Vie i sainin item. Po ri•l one :
he was taking the bundle to York to a *tore. said
%vowels on the right side of the head, i a, li 2 inches
it say lati:ed where it el as to go. There was
long, deep and reaching to the bone, about 'roiled . %
between the top of the ear and top ot the head, over n elut; the matter with his ham! on Thursday ;
, h,
ail
y he hod
it tied
up. My wife asked him
the p ‘octal bone ; the edges of the wounds torn, ;
t
i
and much coritueion of scalp around Found Foima what ai led him I Saul be bed got it burnt i &het
,
he tea: in a blacksmith's shop and picked up a
small srelp wound On the top of the head, 1 t
Piece co hot iron ; did not say where it was.
clece tarn shio Between the t•ip of the head and ,
101 l ear were three wounds one-half to three. X.l:xamined—Cant say what mark women
worth the bag. lie had often been at qty housebekwe i
~ of an inch long each i contusion of the ,
, not h owever for a year or mote. He used to
scalp here too, the wounds deep exten 'mg to t he , i
hone; on the lett ear w scare three miles from my' home, one or two
wise a V, ound through thei
car, and under the ear was a corresponding con. i years before. 1 am certain that is the man; 1
can't be mistaken. I saw h . l ea ll bands on thank s .
!union on the head. rowel a wound three - fourths I
giving uav—tney were not ti
of an inch long on the left temple , vary much I ' 3 ' ll l JACOB B. BAUGHMAN aworn.—l litre two
and lacerated, which had severed the temporal sr
mile' below Berlin on the Berlin rued,. two miles
tery. "I he deceaec d had lout n great dell of blood.
west of Ziegler's., I saw the priesmar a tilde alter
all the wounds would bleed freely. Don't thinki
noon on Thunday coming, this Vray. That (the
the wounds viould produce death except by thel prisoner) is the man. He CMG beat Ina day Injury they would work on the brain, from the i two; had nothing in Mahan& the fits time ; had
violent cancuesion it must biter recehed Body I, a bundle when he returned' don't know whether
was king on the left side, knees drawn up. heed that bundle is the one or not.
turned on the neck so so to bring the face In con- li
Ws d
i d knew Smith a few year, be
tact with the featherbed. It one lying on the foto. Ws d id not ...... f r urban he passed any
fl eir at the eil.i.e of the bed. Several clubs were; home; I woo otonAi„,T7t my, door; i rT, d ' id ' a t
in the room, cord wood sawed in three pieces; one , atop e i ther t i_ ,--.
me I lid not examine his brindle.
'sae thick at one end, bloody and bad heir on it no r retornod abou t' 6or 9 o ' clock in the morning .
Did not see the goose Saw the bucket of water. JOHNSTON NEELY swern.—l live in Ma-
Deceased had nothing but a shut on, which was , rs i ond. L au N osern i sw, I res i ded on the m ono.
Ma
saturated with blood. I suppose there were three wri ''
road bet Ween Berfin and Fleidlershurg, two
pounds Of b ond lost. Do not think re-setion had m a ss fr om iirddismburg. flaw the pr i sonm on
taken place. The blood vessels within the brain
were ruptured. the 28d of November, between 3 and 4 o'clock;
be asked for some place in Menalfen township,
X-E xamined—The blood might have been di- d w e t wourn b iw.w h ons. ,
luted with water; did not examine it particularly: ssol m o d_i k now t h e day, for I was ss i ro d
The wounds on the right stile I suppose were Moat to come i n ' Gettysburg on that day. and put it re
dangerous. Torn wounds are likely to contract. until Saturday alter, on which day Squire }rem
and stop blerchrig; the top of the head is less vas- Mores cbiltiwas buried. I know him (the pees
cu sr than the sides and front and bath Woo "' oner) to be the man. He bad on a faded coat.—
there are very dangerous, in consequentall are etei certain he is ate man. De spoke
the injury sustained by the haw of the brain —1 lash. in Eng-
Did not examine the body. Removed the heir the Court—Arendtsve is 18 or 18 miles
from around the wounds; the fare was suffutted• fro m Berlin;
m Berlin; 9 miles fr om my ill house ;it is about
head little swollen round the wounds. Only ex- ig m it es f rom my house to York, 21 wile, to
*mined enough to satisfy ourselve's as to the class ii smoon. & m o m to Berlin
of deeth. Trepanned the side of the heed; the WM. DIETRICH sworn.—l live in Heidlers
parietal bone was of ordinary thieknote; no Woad tm—rw.,, Pri soner warm my
flowed when trepanned.house 23d of last No-
The dun older w as somber; said be wanted , to go IIP gm Mad * few
entire, and blood 'between it and the brain; the miles to sees friend, that he had been in Harris.
blood was about one-fourth of an inch thick.—. b urg f or s i n mom m ‘ an d bid come from there that
Each wound might have proved mortal although d or. h to rd he bad been working as r h o D ow '
none of them necessarily to. Compreeeion of the t t ooo , , or m_ mmt hi_ re m m . m . momm , m m o m o tw ori
brain may occur before re-action from canewseiem bid a stick with bins, a heavy one; took supper
Sometimes extrarssation follows so immediately with awn said he couldn't stay all night *she Ned
that re-action does not take place. There was no to ka
not frirn— en d
mum writ d ay. Id o
putrefaction ; odor was becoming offensive, Coo- keep taveam a bla th
ikson. It. was abou
cusaion, pressure of blood on the brain, and lose of r k d a w h ort be left; about ssan when he came.t
blood might united halo produced the death.— He want, westward.
Concussion orcompressiun alone might have done X
-Examined--He spoke German. I am cer
so. O her causes might produce compression tain about hie conversation ea to his hiving beeit
of the brat •,es excitement, passion, &c. Thera was at H ar a i b wir. I asked h i m i f I sr , k now t mss b
no fracture of the ek , lll. The blood was ender the z oisterl s a i d I to di d, and m ot he was we ll . I
duns mater. Blood could not have been effused du- Me; he was si I knew the prisoner before.
ring the operation of trepanning. I don't think re. H o csmo to yak,w b etween 6 mod 6 o ' c l ock, '
actioncould hove taken place in this case. Thick- and staid for supper. •
" e- " ftb " ku3 "n" in different parte',
the some it o'clo ck.)
external appearance. Arterial blood is bright 'red, 2 :: ..." „,.
venous blood is darker. It was too late when I 'st P. 0.-4 • 32,11 resumed. Probeen
eaW it to tell which it was. These wounds, if notion withdraw their offer of the finding
made with the blade of a knife, would not likely of the Coroner's Inquisition.
have been fatal. Cases often occur where alight A DAM ~,I. WALtER sworn.,-I lived,
•
" tilde canine death, iehere there W "," Pn " lafr in NOV b'l ' tw . 1 tor Arendts
em er ast, oms es eas
elon of some part o f the system. So metimes
~.
aw a man about the 23d of Na-ilyeth occurs from a shock of the nervous system. 'sown. tt
In this case an internal examination well not vember ; don't know whether it was the
necessary prisoner or not. -
By I'resecution—We did not examine the body GEORGE BLUBAUGH sworn.—Lang
more minutely, because we Were 'satisfied me to the
i
Cause of death. Thane were a great many persons November, I lived at Wierrnan's Mill,
present at the inquest. The usual excitement on Mile from Arendtstown. On the night of
such occasions prevailed. the 23d of November, about 9 o'clock, I;
.
By the Court—Did not examine the hand's.-- went- Out of-the house •
anti saw a manl
The wounds on the head might have been inflict- shading
in the road; h e asked me the,
ed by a tailor's goose. Wounds inflicted by such '
„ road to . Arenduttown. .1 told him; hesaid
an instrument would be apt to fracture the aka.. ' . •
It waa not, t h at it went at the barn. I
though not necessarily. Did not observe any , ,
crisping of the hair on the head.
... directed him again, and he said there was I
tilt DA ‘ 11l HORNER, swor n.—l assisted a fence acted* it. I knew the voice to be
my son in the examination at the inquest. 1, that of Fredeticit Smith. I knew him be.'
have heard his description of the wounds; it lure, had worked in' the same shop two
‘‘a.‘ correct. There were eight contused
)ears before at Christian Smith'
wound.,s, .I being :
teo on the right side of the head, three
On the left one on the temple, and two others a shoemaker, he a weaver. He came to t
I though. then and still think death was produced a breaker, and then asked me to go along
by concussion of the brain, caused by these with hid). 1 went along to a bridge near
%%ountib [p...-Ition of the body described as be- the house ; he said then he knew the mad.
fore) I saw but one .tick, eith a knot on it. We
I went back. I knew him by his peculiar
did not pursue the examination farther, because
s‘c were satisfied as to the cause of death. Tbe expression in asking the way. He went
effusion of blood could not hace resulted fro.ni on to Arendtstown between 8 and 9 o'-
the. trepanning. Ile must have been dead three, clock.
or tour, or five data ; the body was not in a state
of decomposition.
By the Court—There was no handkerchief on
his head, when we arrived. Concussion, I
think, ensiled from the violence of the blow s.—
Forster could no: have thus tied up his head. In
compression of the brain, there in almost always
noisy breathing. in concussion scarcely ever.
By derence , - If the temporal artery is broken.
the flow of blood would be outward. I think re
action did not take place. Incipient decomposi
tion might produce a puffy appearance of the
body. I examined prisoner's body alter the ar
rest, and found no wound except an appearance
of a fracture of the meta carpal bone of the hand.
Don t know whether it was recent or not. That
was on the loth of December last.
Prozerution offer in evidence the finding of
the coroner's inquest. Objected to by defendant's
counsel. (lifer waived for the present.
JACOB OYLER, sworn—Was at Forster's
house on :\londay the 27th of November last.—
Went in at the kitchen window ; saw the body
lying as was slated by previous witnesses. I un
covered him and moved his hands; saw the hand
kerchief tied around his head ; the knot was on
top of the head. I think I moved it in moving
his hands ; it loosened. It did not appear its
thong', put there to chess the wounds ; it was
doubled up as broad as my two fingers; it weal
bark osei his head.
X-H.samined—lt was not around his nose or
mouth. It was a dip knot. I did not examine
it closely to see what kind of a knot it was, but
it looked like a slip knot. It fell on his neck;
don't know us hether it opened or not.
ISAAC bIIANK sworn.—l saw Frederick
Forster on 'I hursday the 23d day of November
last, about sunset, He was in good health ; had
been at my house. That was on Thursday be.
lore the Monday on which Foster was found.—
I saw bun on Monday dead. I was at home be
tween Thursday end Monday; would have seen
him every day ; he was in the habit of bringing
water from my house.
X-Examined—Foritter often went away three
or four days at a time. Ile was not intemperate
to my knowledge.
LEIVIs WOLF sworn.— I fill , Foster on the
night of November '23, 1848. I passed bin. house;
heard voices inside. Foster was on his table
smoking and laughing ; this was between 9 and
U o'clock there was vouch talking. The house
is nearly on the mad, 12 or 15 feet off: did not
see any one el.e. tiaw Foster on Monday. dead ;
saw the bloody slicks, one knotty, one with hair
on it ; it was tame wood ; did not see the goose.
X Examined--I know it was that hour, be
cause it struck 11l o'clock five or ten minutes at:
ter. I heard another voice besides Foster's, but
did not know it. The window was down ; con
-
venation was animated; don't know the prisoner.
JOHN HOFFMAN sworn,--4 live in York.
The pi isolier CM,' to my house on Wednesday
evening 211 of November hit ;
asked if he could
stay all night. I told him he might ; do not
keep taVOrn—.ant a weaver, and for that :neon
tie called on nie. He told me be wanted to, be
astuttlised ha 'luaus, but bad beta there oitly
X-Examined.—Never heard any one
else speak as he did. The peculiarity
was in asking the road, and pronouncing
the word "wege," don't know that Blithe
native Germans speak as he did. It was
dark, too dark to see his features; hd had
a frock coat on, or what looked like a dark
frock coat.
GEORGE LOWER sworn.—l lived
last November at home, near Arendtstown;
at the chtirch, as I was going home, I met
a man near there, and said, "Good Eve
ning." He did not answer. He had on
a dark coat and black hat. He walk,
ed on ; I watched him, and he turned 'to
wards Mummaeburg. This was 3 or 400
yards from Forster's house. It was 9 o'-
clock, I think.
X-Examined.—l was not 10 feet from
him; don't know whether he heard me
or not ; he just passed on.
EMANUEL CIIRONISTER sworn.
—I live three-fourths of a mile east of
Hampton. towards Berlin, on the road;
saw prisoner or a man like him in No—
vember last ; don't know where he was
going. lie came between 4 and 6 o'clock
in the morning, rapped at the door, and I
opened and let hint in ; had a bundle,
something like that (a bundle being shown)
he sat down and rested. A breakfast, I
called him to eat. lie declined; I pressed,
and he sat down ; he said his band was
sore, and lie was peddling ; that the hand
was sore three days ; it was tied up. Af
ter breakfast he went away—did not offer
any goods for sale. Ile sleptbefore break
fast ; had on a frock coat it ; wasn't white.
X-Examined.—Don't know how he car
ried his bundle; it was of a whitish color,
though I couldn't ace well ; it was round.
Saw 110 blood on him ; did not see l nis
hand.
W3l. GOODRICH, sworn. I live in
York—am engaged in the Forwarding bus
iness. About 1 o'clock on Friday, the
day after Thanksgiving day, Mr, Hopkins
called me at the depot in York to talk Ger
man to a man who had a bundle to send to
Reading, through Lancaster. I told him
it might be lost in sending to Lancaster,
and advised him to send it to Philadelphia.
He said a woman would be in Lancaster
to receive it, and Hi would walk on. Fi
lially, I marked it—that bag (a bag shown
him)—directed to ..Fredorick Smith, Read
ing." He did not .tell ps•what it W36.-+-
I told him I would gisrhim a receipt for
it, to be &alleged at it!" 'Readinf depot io
I Philadelphia, and did so. lie went with
me to my establishment to get the receipt,
land on the way, observing hi 111 to have a
sore hand, asked what was the matter.—
! Said be had got it burned at Berlin, where
they had some sport the day before, in a
btu:l:smith shop, in which he had been in
duced to pick Hp n hot piece of iron, not
knowing it to be hot. I advised him to
stop at the Doctor's, but he said they had
I "as gond Doctors at Reading," and he
would wait till he got home: He satdown
lin my shop, near the stove, and burned a
comfort lie had round his hand. Pitying
him, I sent for some salve and dressed his
hands. lie thanked me, and said he would
be back if it helped him. I referred •liiint
to a Doctor. That was November 24th.
[Here Mr. Goodrich's lmok of entries;
with an entrytorrespon'ding with the di
rection on the-bundle, was produced.j--
The prisoner left the same evening, and
did not come back.
X-Examined.--I know the - day, for it
was the one after Thanksgiving day. ..
JOHN L. MORRIS swern.---I live in
Residing -4m 14 High Cenatatile.. Igot
that bag from Philadelphia..-sent for it by.
telegraph. Smith was tri pfison in Read
hag. - Mr. Hoover cane for him. I tele.
Igrophed,tathe Agent in Philadelphia, and
got die bag. Smith was in ,the Reading
jiil, Charged with . ..crime there. I exam
ined:Stubble ho i nite, (ho hying lit - a house.
with Mrs. - - Lonar,) on the Bth of Decem
ber; found a deed,.:-that - is the deed—l put
a private mark, upon it. Smith's wife had .
it in a trunk; found a wrapper. oe thisflopr;
also clothing, pantaloons,. coat Ate.; found '
a shirt in jail; under the pristiner's bed—
that is the ihirt. Smith said it was his
shirt. Those Are, the pantaloons, and that
the coat I found, in his house. •
X-Examined.—l found the clothes in
his bed-Chamber, behind the door. I know
them from having-observed them sufficient
ly to remember -them, and- also from sev
eral markt on them.
SAMUEL NEELY eworn.—l am the
subscribing witness to. that deed. [Pros
titution offers- in evidence, a deed made
Sept. 9. 1848, by David Beecher and
wife, to Frederick Forster, all of Franklin
township, Adams county.]
SAM UEL BEECHER sworn.--I saw
that deed at Forster's about the 7th of Oc.
tuber last. I took out the draft to survey
the land; it was in that wrapper.
HENRY HIMAIELREICH sworn.—l
was in prison in Reading in November last.
Smith was there. Ile told me he had a
bundle of caseimere, which he had sent to
Philadelphia from York. [Prosecution
offer to prove that Smith had a .receipt
for goods sent to,Philadelphia, and a draft
of a piece of land in Adams county. De
(andante object, unless the papers are
brought into court, or reason shown why
they are not brought in—no notice ever
having been given - to defendant to produce
them. Offer withdrawn.] A shirt was
found in prison, in the prisoner's bed. I
was present; that-is it.
X-Examined.—l know that is the shirt,
it. is just like it. I was in, jail, was put
there for taking . too much liquor, and abus
ing my family while' intoxicated.
By Prosecntion.—Smith asked me to
get his bundle at the Reading depot, or get
my son to do it; thought he could sell the
caisimere, and thus get out of prison.
By Defence..--I know the shirt by the
short bosom, and other appearances.
-ELIZABETH MILLER sworn
bye near Areudtstown. Made a shirt for
Forster—that is it. Don't know when I
mule it; last fall; I NIA; made throe at
the canto time. I have one with me.—
[The two shirts corresponded.] I washed
for Forster.
' X•Examined.—l neversaw a shirt made
like mine; they are both lorster's shirts.
I know them, because I made them.
REBECCA LONAR sworn.—l live
in Reading. Smith lived with me. He
left home in November. On the 6th of
December I was called to the Squire's of
fice about it; found a deed there—that is it
—know it by my name on it. It had no
wrapper on it.' Smith occupied the same
house. I saw no other property.
X-Examined. Smith's wife brought the
deed to me to read, some three or four
days before I went to the Squires. He
returned 'home on Sunday; saw the deed
the next Saturday. Be left on Tuesday,
and returned on Sunday. I did nut see
Morris get the deed. My name was , put
on the deed at the Squires, but I knew it
by the endorsement and folding. I re
membered Forster's name on the back and
inside.
POLLY BLUERA van sworn. I
know that vest. I made it for Forster for
sale. Ile could not.sell it. and wore it
himself; made it three years ago. I have
pieces or it—here is one; have not seen it
since Forster's deatb i until I Was before
the Grand Jury.:;
JOHN HOOVER. sworn. I got this
bag in Alderman ; Reueff
s office, in Reading.
MR, MORRIS recalled. That is the
senile bag I got" from IPhiladelphia, and de
livered to Mr. Hoover in Setz's office; that
vest was in , it; also this piece , of coarse
cloth—brown tweed coat—this piece of
light grey cassinet--pioce of dark grey
cassinet—black vest, and bundle .of trim
mings.
MR. HOOVER recalled. I bold that
cloth to Forster 'a week before he was
murdered, the Tuesday before. These
were all in the bag. I sold him the light
grey cusinet. I went to Reading for
Frederick Smith in December; got Mr.
Morris to assist me; went to Betz, got a
warrant; went to prison; saw Smith and
recognised him. Next day went to Mrs.
Loners, and found the deed, coat and pants,
bloody. That is the deed—my name is
on it. We had Smith brought to the Al
derman's and examined; took him back to
prison; . found that shirt there. I have
had it ever since. Smith said it was his;
he always had it. Afterwards he told me
he had bought it for three lips, and that
the deed was in it. He told Betz he nev-
er aawtbedeed before, and did not know
it was in his house
Prosecution offer in evidence, the writ
ten examination of Frederick Smith, be-
fore Alderman Betz, in Reading, accom
panied by evidence of John L. Morris, as
to the formality and correctness of the ex-
amination. The examination read to the
Jury.
MR. HOOVER recalled. Smith told
me, coming up from Reading, that he had
not been in Adams county for four year's.
Those pants were found in his house, I
have had them ever since; this coat also.
Jam the prosecutor in this case.
JOHN ROLLMAN sworn. This coat
I saw twice on Forster; about a year ago.
lam certain this is the coat. I worked
with him four months.
Prosecution here offer in evidence, the
examination of prisoner taken before Ju s
tiec Danner, in Gettysburg--Mr. Danner
being called to the stand to prove its for
mality, &c. The empoioatjon
ARRA HAM ARNOLD sworn. I saw
Smith in prison in Gettysburg; went to
see him the same (lay he was before Jus
tice Danner. talked German to him,
which seemed' to please him. Ile asked
me to come back; went again; told him
what evidence there was against him—that
lie had better tell his counsel all about the
matter, that they might.be prepared. Ile
thought not—that they might swear against
him. I told him if they knew the facts,
they might take advantage, and catch the
witnesses. He said he would like to see
his counsel; thought it would be a good
plan to say he told Forster he had married
an American girl, that tWn made Forster
mad, and they: quirrels4.' ; I did not tell
,him I would tell his eoensel or act as his
•on ciimMunicating . with them:
rga
' [The counsel for: deft:Mashers interpos
ed, objecting to the admission of any state
nitintit made to the wilness.by ' the
ar o until tbe circuntstanees ,underlwhieh
the•statommts , were
,made.,wexe - de FeiRPT
ed.. if. drawn out , through the influence
of fear,'ttope of advantage Oc.,repreeent;
end the prisoner, the' statements would
not.be evidence.' An examination of Mr.
Anal followed, in regantlo the circum
stances which led, to, the etatemente ailed
; gad, to have been,4nade by, the prisoner, in
the spume or which, the witness; in reply
to a question of counsel, remarked, did j
not ask him how it was With the goose.• I
told him I had heard some reports about
the goose and blood thereen.". Smith said,
tell you how that was; the goose,
Wes lying on the fldor, and I xhink it must
have got bloody there, as Forster was
crawling about on the floor on his hands
I and knees, before lie was dead." After
some.argument by counsel, the court was
about to overrule the objection to the ad
mission of Mr. Arnold's evidence, when
the Prosecution waived their right to any
further examination of the witness.)
PETER KECHLER sworn. , I was
at Forster's the Monday after lie died. I
saw these clothes there, (shirt, sheet, &c.
much stained with blood.) and this club,
brick, goose, (all of which were exhibited
in court.) They are the same, to the beat
of jny knowledge. lam positive in re
gard to the clothes, and one of the clubs,
and the brick.
X-Examined. 'I am certain those are
the very articles. I could not say posi
tively as to one of the clubs and thegooae,
but I think they are the same.
JAMES KNOB recalled. These arti
cles (the cloth, clubs, dtc..) were all found
in Forstet's house on Monday after the
murder—the knotty, bloody club, with
hair on it, was lying on the stove.
Prosecution rests. At the suggestion
of defendant's counsel, court adjourned to
un early 'hour in the morning.
[Wednesday morning; 8 o'clock.]
Counsel for defence announced to court
that all objections to-the reception of Mr. -
Abraham Aruold's evidence would be wai
ved,and asked that Mr. Arnold be re-call
ed, and his examination finished. Prose
cution declined calling him, alledging their
case to be closed for the present.
MR. SMYSER then proceeded to o
pen the case for the defence. in a brief ad
dress to the Jury, in the course of which ,
the unfavorable circumstances under which I
the prisoner appeared to answer the indict
ment against him were adverted to. He was ,
there a stranger, poor.and friendless, and ,
indebted fur professional 'services of coun
sel solely to a sense of duty of the latter,
who expected and could receive Co pe
cuniary equivalent for their services. The
prtsunei, under the peculiar circumstances
of the case, could have the benefit of but
few witnesses, and such as would be called
would be mainly to account for sundry , al
ieged discrepancies in prisoner's state
.
nents at different times, and also to estab-
lish the position that the death of Mr.
Forster may not have been the result of
of the wounds alleged to have been inflict
ed upon him by the prisoner at the bar.—
At the close of Mr. Smyser's opening state
ment,
DR. DAVID GILBERT was railed
and sworn.—l was present yesterday and
heard the testimony of the two physicians ;
am a Physician myself, and Surgeon of 21
years practice. I think the injuries and
effects resulting therefrom were the pro
bable cause of death, though not certainly.
We can know nothing of the prior symp
toms in this case. Death might have been
produced by concussion, also from com
pression or hemorrhage. Contused wounds
are considered more dangerous than incis
ed wounds, in consequence of erysipela
toes inflammation or abscess under thelarge
muscle covering the head. There was no
fraCture in this case. Had death been the
result of concussion, it might have Laken
place vet)? soon;,this could be inferred
from the pallid appearance of the face, but
that was stated to have been suffused. If
death did take place from the effect of the
injuries, it was most likely from compres
sion of the Amin. It was stated that the parts
were swollen ; if so, the deceased must have
survived some hours after the blows inflicted.
The 8 lbs. of blood might notell have flown do
ting life—Keahler said some flowed during
the pcft mortem examination. Ido not think
desalt resulted from hemorihage, as it requires
ordinarily from 4 to 7 or 8 pounds; do not
think the cause of the compression could be
ascertained by external examination of the
hied. The blows oder the temple would have
been most likely•to cause it; the blood found
in trepanning was not sufficient to produce
coinpression of brain, at least very soon. Ef
fusions on the side and tapir the brain ars not
Co dangerous; patients under such effusions
may recover; lathe base of the brain it would
be fetal. Death might have ensued from ex
citement of niind in consequence of preexist
ing disease in a latent state—a dropsical state
of brain—abscess there--disesseJ blond yea-
eels, in the brain itself—disease of heart—
abscess of lungs—diseaso of liver—aneurism
of the large arteries. Have been eases where
a post mortem examination showed death to
have been the result of causes other than that
indicated by the external appearance of the
body. [Here some three or four such cases
were cited us reported in the Medical Re
ports.] Persons may have crania fractured,
end portions of brain lost, and scalp much la
cerated, and yet recover. [Cases specified.]
Do not think a certain, positive conclusion
as to the cause of death could be arrived at
without a thorough examination of the parts
of the head ; would think it necessary to ex
amine thoroughly the contents of the cranium,
and then the rust of the body to see if there
might not be other causes of death
attribute any want of skill or knowledge to
the Dra. Homers. There have been cases
where n partial examination showed ono
cause of death, when a further examination
developed a different one. [Cases mention
ed.] rho arachnoid membrane which cov-
era the pia mater is a delicate transparent one,
hardly to be seen; when it is thickened or
even visible, it niustbo diseased
skin, the breathing is not perceptible.
X-Examined.---A good blow with a cudgel
might break thro'_ the coverings of the brain ;
have known deaths to ensue, v♦hcn the skull
was nut fractured, but not RlOlO fatal cases
from this cause in my .practice than recover
ies where the skull was fractured and portions
of the brain lost,-.-1 speak of cases of immedi
ate death. Never know a fatal case front a
blow on Me temple with a fist. Death from
concussion is tnistened by hcalorrhsge. A
! blow inflicted by the club exhibited yesterday
would likely produce concussion; if the
t blood vessels were injured, it might produce
compression. There must have born a rup
ture of blood vessels in this case. If a man
died in five minutes from a blow, there would
be an effusion of blood, but not swelling; if
the head were lower than tho body it might
be swollen. When putrifaction begins it will
swell, but pytrifaction would not begin soon
at that season of the year, and had not it the
body was yet stiff. Don't think Forster died
of hemorrhage,
but rather of compression.—
Examination o fthe body generally shows the
cause of death. Should regard a full exami
nation very essential, and physicians do not I
generally desist until perfectly satisfied. Pro
bably could come to as correct a conclusion
from hearing the disoription of the examina
tion properly made, as when under the influ
*nee of the revolting circumetawees connected
with such a, case murder s althaughpemone
examining personally 'conld speak mote con
',Adeptly.
Deknee.--- A minute atiarnination shotild
k• coodwinto every slig ht wound HI order to
come to a certain con usion,.
By the Cinirl.l d there were not mos
deaths tny- predicts 'from blob , * Without'
fractures than reCoveriei where them *as free-,
lure and loss of brain-irnot,ia my own Praclige
nor reported in theloiirati%
E. W. STAR LE, sworn. I was present'
at the examination of Smith before ,Justice
Danner. I speak and understand the Ger
man. Do not think the statements as to eve
nings of certain days, prepared by the Justice
and, read to the pitsoner, expresead the pria...
onet's meaning. said "HACH? roil nornrcas-
TOO," and Was interpreted to say “tnewr or
THURSDAY." ,Should have been "KM be
fore Tfmrsday." There wairtnuch disputa
tion than, atuLgreat 'excitement during the,
examination. The
Justice was *erten; Inter.
nipted, and told he was wrong, that prisoner
did not say so and so. Every thing, so far
as I observed, was •properly and carefully
done on the part of the Justice himeell.
X-Exaniined. Prisoner was no: alarmed.
Evinced no disturbance of feeling. He was
told by Jostle he need not reply unless he
w jelled. Ido not think the magistrate; put it
down as Smith said it, from not understand
ing Smith's peculiar idiom. I noticed that
the Justice had it wrong when it was read I
over to him.
Defendant offers in evidence, the copy of
a declaration 9f intention of Frederick Smith
to apply for naturalisation, filed in perks
!county. Objected, to and off withdrawn.
(Defendant rests.)
Prosecution-resume, and call Dr. F. E.
VAN DEIISLOOT. I understand German
tolerably well—learned it from the books—
learned it grammatically; understand foreign
German better than American German—un
derstand it better than English. Was at the
examination at Squire Danner's office--acted
es interpreter, by request of Mr. Danner—
took pains to understand the pritioner
If he bad said "NACNT CORE DuISHERSTOO,'
would hare interpreted it the "MORT woes
THURSDAY." Am certain of this. There is
no peculiarity in the phrase, to one acquaint.
ed with European German. An American
might not use the same phrase. '
.X-Examined. I do not recollect that I un
derstood him to say, "HAUNT IrORL DON*
et arroo;" have no recollection--but feel sure
that if he used that phrase, I interpreted it as
above.
DR. HORNER' repelled. There ate inifi !
nitely more cases - of death from blows where
there ie no fracture of skull, than oases of re
covery where the skull has been fractured,
and portions of the brain lost.
X-Examined. 1 speak . of my own obser
vation, and °femme reported in the books. I
embrace cases where death is immediate, and
where it is subsequent.
DR. C. N. BEREA/ CHY sworn. I know
of very few cases of recovery, where there
was fracture and lotia.of brain. I think more
die from blows without fraiture, than there
are reeoveriesnfter (molars and loss of brain.
Where death is immediate, there is swelling
about the contusion: -
DR. C. HORNER recalled. A greater
mliut dio w ithout fracture than recover with
fracture and loss of brain. "Tumelaction
may ensue in contusion, and if the flow of
blood was checked, tho swelling would be
greater.
X•Examined-1 speak from reports in the
books alone. I include immediate deaths and
remote tines. I think so of immediate deaths
also.
[ Prortecution Rests.)
DR. D. GILBERT, recalled by Defence.
—When I said there were not more deaths
from blows on the head without fracture than
recoveries of cases in which there was fracture
with loss of brain. I spoke of cases in my own
practice, having had but one case of death from
such blow end one case of recovery where the
brain escaped, and so distinctly stated. I since,
however, have recalled to mind another case of
death from blow which occurred 'abOut is
years ago. In regard to the reported cases, I
remember four cases of recovery from fracture
and injury of brain, whilst cases from blow.
without fracture are rarely reported. There
ore no doubt more cases of death front blows
without fracture than reouveriee with fracture
and escape of brain—but not in sr practice
nor in the journals, es far as I can remember.
[ Testimony closed on both sides, about 13
minutes of 11 o'clock.)
THE ARGUMENT
The evidence having closed on both sirlear
MR. REED, Deputy Prosecuting Attorney,
proceeded to address the Jury on the part of
I the Commonwealth, dwelling mainly upon the
law incident to the case under trial, until IS
o'clock. Mr. R. commenced'by remarking
upon the importance and solemnity of the at
canton—the responsibility resting upon th e
Jury—and the unpleasantness of the duty ne
cessarily devolved upon them. Moller--a
cruel, horrid murder, attended with the most
revolting detail of eircumsUmees, had been
I committed in our midst,npon the pereOW6fan
aged, respected, peaceable and inotrensivecit
hien, without any known or possible proems,
tion, and We are here to-day to determine, on
der all the solemnities of a soliminjudielal
vestigationi whether °reef the prisoner at the
bar is the man by whom Ole murder waircom
mitted. ' Wt. appeariii behalf bribe Common
wealth, which, *bile it guano:Hoes Sill protect
tion to the ()kitten in the enjoyment of every le •
-
gal right,dernands obedience to its 'awe, and
will fled lei those laws violated' with'impuni
ty. Frederick Smith, the prisoner at the bar,
is charged with the willful, deliberate murder
of 'Fred'h Forster on the night of November
21, I 84S, and you, gentlemen of the Jury, have
been selected under the law to try theimpor
tant and solemn issue as to the guilt or inno
cence of the prisoner. That you will dischage
the responsible duty thus devolved upOn you
intelligently, honestly, faithfully, and rightly,
we have no doubt.
Mr.R. then proceeded to comment upon the
character of the murder, with a view of estab
lishing the position that the deed was a cool,
deliberate, calculating one, in which life was
counted out against money. The evidence
tracing the prisoner from his house in Reading,
through York, and along the road towards
Forster's house en the Thursday evening on
whii,h the murder waa committed, and his re
turn homewards next day in possession of
of clothing and property belonging to the de
ceased, was rapidly run over, and these points
submitted to the Jury, as the proper, legiti
mate, and only inquiries to be made in the ex
amination of the case before them, viz: Ist,
Was there killing, or taking of life 1 2d, By
whom 1 3d, What was the degree of tbe
crime 1
Mr. R. proceeded to argue these three points
in detail—.supporting the first by the evidence
of witnesses as to the condition of Foster's
Teem in the morning when the body was first
found—the bloody clothing—and the testimo
ny of the Coroner and physicians—which
could leave no doubt on the minds of tho Jury.
As to the second points—by whom the killing
had been effected— there could ho no possi
ble doubt. Every thing pointed to the pris
oner at the bar as the guilty person—his being
in the immediate neighborhood of the house
on the night of the murder—his suspicious and
contradictory accounts of business and put.
Iu ccncus•
poses to persons on the road to and from his
house—the deed, shin, and clothing of the
deceased found in his possession—hi d failure
to account for his wherenhe eta on the night of
the murder, with the contradictory statements,
on the examination nt Aldestaian Betz's and
Esquire Danner's, as to the means by which
he come in possession of the murdered man's
property and as to his whereabouts during ihe
entire week in which the murder was commit.
ted—all these things wound arond tho prisoner
chain of evidence too strong and irresista.'
ble to leavo any possible room for doubters to
who committed the murder. Mr. R. declined
entering upon a detailed exathination °tibia .
chain of evidence which would be closely ex
amined and presented to the Jury by his able
colleague. After commenting upon the MAO . *
of circumstantial and positive evidenolt, t)
law In regard in the several degrees ofmurdet,
manslaughter Arc. was discussed in its appliz
cation to the cue under trial—Mr. Reed insist
ing thit under all the evidence before the
Jury, no verdict other than that of murder in
the first degree could possibly be rendered.
At about .12 o'clock, Court adjourned to:
1 ,
•
I 1 . 2 o'clock, P. M.—Mr. BURHLERtromt
to open the argurnent en theirs/sof the defence.
and addressed the Jury "bout about an hoar
and a half. The task - devolved Upon hiatltellr
one for which :lie declined Maiselt altagethat
inadequate, bat he would iddrees'hltnadH to
it with such ability.. lie. win pospessed of.--
He appeared to see justice done to the person
at the bar, who append lo the °bergs against
him under very enfavonble intleerimiL The.
ciroomsta nee" connected with the f alledget
murder were so revolting se hatutelly tabor.
created an unusual degree 'of Ibeling in the
community, but it was the duty of.the Jury to
'divert themselves of every , bias,. every unfit.
unable influence, and sleety the • prilielliet
thir,immutial trial--a duty which he felt con
fident, the Jury before him would faithffilly
discharge.
• Mr. B. then proceeded to develops the MI..
tore of the defence which should be present=
ed to the Jury. And in doing so, would ex
amine several inquiries Whielt naturally and
necessarily present themselves. 1. Did Fors
ter die from natural death, some latent inter
nally organic disease—or from violent blowst
2. If death did mimes from violent blows, how
is it with the prisoner at the bort Did . he in
flict them 1 3. If inflicted by the Prisoner,
under what circumstances were they inflicted I
These points were examined at length with
the evidence and law bearing upon them. It
was argued that neither of these inquiries was
met by the evidence before the Jury, in sueh
a way as to author's. the Jury to eterrietthe
prisoner at the bar. The examination at the
Corner's Inquest was not sufficiently extended
to determine with full certainty the first One.
The evidence on the second, was purely and
entirely circumstantial, and could not be re
lied upon. As to the third, there was no'per
ticle of evidence to 7prote that the killing,
even though it were done by the prisoner,
was effected with that mal ice, that delib
erate intention, which the law requires
to make out murder in the firsyjegree. Tbls
was all essential, and in its absehee the pris
oner was to have the benefit of all doubt.—
Mr. B. concluded, as he commenced, by ex
pressing entire confidence in the Jury, to
whose judgements and conciencee he eornmit
ted the cause.
Mr. SMYSER followed on the part of the
Defence, addressing the Jury for about two
hours and shelf, in enable, ingenious, and, at
times, eloquent argument of the whole case.
After some pertinent and eloquent remarks
upon the nature of the crime which had been
committed, and with which the prisoner at the
bar stood indicted—the revolting circumstan
ces connected with the alleged murder of Fred
erick Forster, and the naturally strong and ex
cited feeling which pervaded the community
-r-the prejudice against the prisoner, and the
duty of the Jury to divest themselves °fall im—
proper influence, Mr. S. entered open a de.'
tailed, rigid, and able analysis of the law, and
the evidence bearing upon the case, in which
it was argued that the evidence before the Ju
ry failed to make out s case for the'Common
wealth--at least such a case as would justify
the Jury in convicting Frederick 'Smith of
murder. The nature of circumstantial evi
denee—the caution with which it must be re
ceived in cases where lia and death were the
stakes involeed in the issue—end the defect
iveness of the chain of evidence in the pres
ent case--which m ust always be clear, certain,
unbroken, and coincident—were dwelt upon
at length. The Medico-legal impetus of the
cause were also minutely and thoroughly can
vassed, M r. S. maintaining, with hits colleague,
that the Prosecution had entirely failed to show
that the deceased came to his death from the
wounds alleged to have been inflicted by the
prisoner.
The law in regard to diflhrent grades of
murder, manslaughter, Ito., was next adverted
to, in its application to the evidence' in the
case, which, it was contended, failed tq prove
malice, express or implied, or any of the re
quisite* to a conviction of murder in the first
degree.
The lateness of the hour and press for room
preclude our following Mr. Simper through
out, or even giving a synopsis of bitable end
ingenious argument--as well es that of
Mr. COOPErt, who concluded the argu
ment, upon the part of the Coramoiwearth.
Mr. C. spoke nearly three hours, in review of
the entire case,—the evidence, the law, The
degree of the crime and the various papillae
assumed by the defence. The effort eras*
masterly one, Thrillingly eloquent at times, end
was listened to throughout by a densely crowd..
ed and interested audience. Mr. C. eattelw
ding about., 01 o'clock, the, Court declined ,
charging the Jury until morniug, with a view
to relieve the Jury from the'fatinne of aliaprii='
taw* settaion Ault gone through.
STROM/ MIND. ARS MUM W11141(...4111
the Police Court, on Saturday, a man was
Charged With being a common drunkard.
The same man was once publisher and
editor of a leading political paper in this
city. He has sat at the private board. of
Webster and Clay, and sipped theirwine.
At the inauguration of Harrison he might
have been seen standing in the east front
of
.the capitol at Washington, with the
strongest men of the nation. He minggled
in fashionable life, drank deep of its pleas
urea, and fell a victim to theni. Reduced
in circumstances, he wandered from his
home, leaving his family to look out for
themselves. , Becoming destitute and fre
quently frantic with delirium tremens, he
has at last been arraigned on a charge of
being a common drunkard, to which ha,
plead guilty.—Boston Chronotype.
IN"" bartqin's Megazine," for 'September, it
one of the beat numbers yet issued by the enter.
prising publisher. Its matter and eathedgehmites.
aro of the highest order, being from the. Rena Of
popular contributors and the pencils of diatipsoisiw .
ed artists. Mrs. llowitt, of England, Rev. ton.
Durbin and Todd, Mrs. Sigourney, dtc., are ow
mong the contributors to the present. nurntenr.—'
Taking it all in all, we regard. " eartnin" errs st
the host—if not the best—monthly that comes te
our office.
BALTIMORE MARKET.
/ROM Tlii SALTIMORN 5171 , 1 OW WZD 7I2 ./".
FLOUR.—The flour market is quiet; sides of
Howard stbrands, at $5 25—which is about the
settled price. City Mills hold it $5 25. Cora
meal $3 00 as 3 12 Ryo flour $3 00.
GRAlN.—Supply of all kinds of Grain full,
ces as follows : red wheat $1 00 a $1 07;
and
white $1 07 a sl'lo. White Corn 56 a6s els.
yellow 60. Oats 25 u 30. Rye 53 a 54.
-CATTLE.-1060 bead of beeves offered 111111
scales yesterday, of which 725 wens sold to city .
butchers at prices ranging from $2 50 to 13 01'
per 100 lbs., on the hoof, equal to $4 76 a $ll
60 net.
1-10(1S.—Bales of live hogs at $4 3 7 I PIM
LOU Ibs., mieos firm. s
PRO VISIONS.—Nicss Pork El I 26, and Fri*
$9 20. Bacon—Sides6l aOe cents; Hama
7 alO ; eboulders 64. Lard 7in 1441110dt
71 in kegs—but little doing.
TN Mt &BAN REL,
GETTYSBURG.
Friday Evening, August 24, 1819.
CITY AG CNC lES. —E. W. CAN I, Esq. Sun
nalldiag,N. East Corner Third & Dock streets.
gAilaikaphist ; and Messrs. Wm. Titomrsoir &
0., corner of Balt{ more & South Calvert streets,
our authorized Agents for receiv
ing Advertisements and Subscriptions for "The
Star and Banner," and collecting and reeeipting
for the same.
FOR OANAL COMMISSIONER,
HENRY M. FULLER.
litrfflG COUNTY TICKET.
Asszminar,
'Mintz. $. SMUEB.
COMMISSIONER,
SORE INUSSEVIIAN, Jr.
AUDITOR, '
SOIEW -ELDER.
DIRECTOR. OP THE POOR,
JEERS D. NERNIAN.
TREASURER,
SOME FAREESTOCK.
The Murder. Trial.
Suppah►g that our readers would be interested
in a full report of the evidence in the ease of the
CAMmeenwealth vs-. Frederick Sinitir, Indicted for
the mourderat Frederick Foster. sow Alundt"
in November lost, we have pet eareilres to some
trouble to swore as' fall and fah a report of the
midis eirournstanourwould permit. 'The repor t
will be found In today's paper, to the azellsion
of almost every thing else. It is right that we
should here acknowledge our obligation to Mr.
Wu. 0. Shrareseer, to whose notes we are
esahrly indebted for the details of evidence, and
also to the officers of the Court and members of
the Bar, for their courtesy and kindness in ex
,
tending to us every requisite facility.
The argument of the cue keying been conclu
ded at a late hour last night, Court adjourned to
Si this morning, when Judge Coaxes addressed
the Jury in an able charge of nearly 3 hours,
rrtiewing thi entire testimony, and explaining
fully and clearly the law ippliceble to the case.—
At I I i o'clock. the Jury retired to their room, and
bad not agreed upon a verdict when we went to
press--1 o'clock, P. M.
POSTSCRIPT.
THE vEamiper.—vv. stop the prey to
announce that the Jury in the Murder we has
just rendered a verdict of MURDER IN THE
FIRST DEGREE I
Primates Counsel base MO a motion for a new
trial—tbs Prisoner being in the meantime m
ansard to prison.
01:TWe have received another letter from Rev
Gso. W. M`Mttsavr, Missionary at Dindigul
East India, which will appear nest week.
ILTWe are compelled to post pone the pro.
osedings of the Whig . ,fitate Convention until
Meat week. The proceedings were characterized
by muck harmony of holing and unanimity of
sentiment.'
1117bir. Rumen, Esq., who has for some time
been officiating as Teller in the Lancaster Bank,
has taken charge or the newly established Banking
House of Meseta. Louisa sea in. Gauss, 46 00 .0
at Lewistown, Pa.
yilfe were mistaken in announcing lad week
that • union had been effected by the two sections
of the Locofoce party in New York. Both Con
?MUCOUS adjourned without accompliehing their
object. The Barnburners adhered to the Wand
heretofore taken in regard to Slseery,--and the
Bunkers dared not adopt those principles through
has of alienating their Southern Meyer) , allies.
Or Col. Thomas Jefferson MlCaig, of Cum
berland, Md., hi% been nominated u the Whig
candidate for Convent in the 2d district of Mary-
land.
£?An Immense Mass Meeting was held in
Philadelphia on Monday night, in Independence
Square, to respond to the gallant movements of
the brave Hungarians in their unequal struggle
against despotism. It is /aid to have been one•
of the ingest and mein enthusiastic ineetinp ever
eseembled within the precincts of that timerhon
end spot Resolutions were also adopted expres
sive of profound sorrow at the fall of Rome.
Milos. Wit. C. Ravi; Minister to Fume,
will all Gar Europe in • few days. Hoc. Assert
La oration; Minion to England, will Wye in
the enures of next month.
The Yost Advocate of Tuesday. speaking of
the bean of Yea, layis..;—" It Is al skinning *et
' that from lour to eight puma die daily—princi-
I pally cbilibea--kent &oboe and dysentery.—
Physic:lens are sow kept se busy that it Se a dila
• cult natter, even in the mod urgent cam, to els•
etain their aerriees."
EPANCIPATIoN in KIMILICItTr The
..Lowisville Journal of the 10th inst., in
'speaking of the recent elections in Louis
, ville, and generally in Kentucky, says thely
were characterised by. unusual °intim
• stances. With the elections for Congress-
Jaen and State legislators took place also
.an.electien of• delegates to a State Con
vulsions and the interest in the last greatly
onnpaseed that of other elections. indeed,
.a -single question, (hit of emancipation,
anpereesled all other questione.-- ,
*Thostgb steep thenunsiration• to w ard 11 "
mannpatire wars mode, except in a few
-kiesikbot , essadidates were everywhere run,
ooloiparith a view toiled single question.
'Emattesipittlen wks sup ' p ' osed to be Stronger
in Losilatille than anywhere else, but Was
beaten. these .by a 'decided majority. No
movement was ever more positively nega
tived. Them, will probably not be a sin
gle mtlar@ipidloilitirethetititivitAion, end
the movement generally has met with very
thole countenance. a•
pimi...This distressing complaint pro ,
coeds from , a want of proper evacuation of
theibiriveli. 'tribe foal humors, Mimed of
Wilt thoroughly expelled font the body,
are'Eut partially so; a portion being left
as it were at the threshhold, is the cause of
that vermitiouscomplaint called Piles : and
it is frequently neglected until it ripens in
to a still more horrid disease called Pis-
Weight's (Indian Vegetable Pills, of the
"Noith Ainerican , College of Health," are
a 42410 'natural remedy for the above
e4a4Plainchecause they effectually cleanse
the bedy.flora those morbid humors which
aro ditto* the cause of Piles, but of eve
v malady incident do man.
lar r iewaye of.coonterfaits! Purchase from the
apnta.aaly, one or inure of whom will be found
in each village and town in the United States.
/pinata° is for sale by J. M. STE VEN
oulle Role agent for Gettysburg; end Wholceelo
j.k. Virdglu'a Principal .0111ce, 189 Race Street,
On the 12th inst., by the Rev. B. Ke llar, Ps.
rsa Maracas Ws•vsit and Miss Msaz Axe
Br ORMAN, both of Freedom township.
On the 21st, by the same, Mum. Wsrstirr,
and Min Jul.las Amiss, both of Mensllen town
ship.
On the 9th inst., by arr. Mr. &hewer. Mr.
Cuererorezn Worm, of this county, and MIN
CA ROl.llll BTAPL, Of York county. '
Naar Fountaindebs, on the 24 la t., by the
G. W. Aughlnbengb. .0111.11171/JI Lair;
Mir 001161111.111 81101firilt.
On the 26th of Joly,•Mr. Joist I t rawiri of ',S
imon township, aged VW yeas. 6 inendie. •
•On the Illth Moontsana. liWeghwo of
Mr. Oecoge x, , Btnd id% Ent Bolin, wool
years, IO months and 29,days. • .
In Littlestown, on the lith Wet., GRAIIVILit
Giese., infant • wove Mr. David Walken, aged
months. • •
In ustfisie, on the 14th hod, Dr. Oxalis* D.
Penult, In the 69th you of his age, (grimly. of
tM. county. . •
Gettysburg Female Semiwy.
THERE will be an Examination of the
pupils of this School, on Friday the
31st of augutt, between the hours of tea
and twelve in 'the morning, and two and
five in the afternoon. All who are inter
ested in the cause of education are invited
to attend.
' The next Session will commence on
Monday the Stlvo( October. No deduc
tions from the price will be made, except
in cases of protracted illness of the pupils ;
who will be charged from the time of en
tering till the eml df the session.
Terms for the Winter Session of six
months :
Orthography, Reading, Writing, and
Arithmetic, $9 00
Geography, History, Grammer, Analysis,
Botany, Philosophy,Chemistry, Rho•
tonic. Mineralogy, Geology, Algebra,
Geontietry, $l2 00
Or Extra charges will be made for Fancy-work,
Drawing, Painting, Music, and the Languages.
August 24,1849.-4 w
TEACHERS WANTED.
THE School Directors of Franklin
Township will meet at the house of
Herm HARTMAN, in said township. on
Saturday. the 15th day of September next,
at 1 o'clock P. M., to receive proposals
and select Teachers for the Public Schools
of said township.
A BR'lll. SCOTT, See'y.
Aug. 24, 1.849-3 t.
2 o'cLocx, P. x
FARM AND MILL PROPERTY
THE subscriber, Executor of the Es
tate of JAMBI Batt., jr., deceased
late or Menallen township, Adams county
Pa.. will sell at Public Sale, on the prem
ices,
On Saturday the 22d of September next
AT 1 O'CLOCK, P. X..
the Farm of said deceased, situate in said
township, adjoining lands of Robert Bell,
widow Duttero, widow Galbreath, George
Weaver, and others, containing
140 AORES
more or less, of Patented Land. : The Im
provementa are a one-and a half-story
Weather-Boarded
1D11211.611,241469 VIII
with a one-story Kitchen attached, "
a Wash-house, a good log Barn, twu good
Tenant Houses, a Storehouse, and other
Out-buildings; a well of Water conve
nient to the Dwelling ; two good Orchards,
&c. A fair proportion of the farm is in
first rate meadow and timber. The fen
cing is in good order, and the land under
good cultivation. There is also on the
premises, a good STONE
GRIST AND MERCHANT MILL,
(three stories,) with two pair of Burs, and
one pair of Chopping Stones ; also a good
SAW-WILL. The Farm and Mill prop
erty will be sold together or separate, as
may suit purchasers.
ALSO--At the same lime mu, place,
will be sold 38 ACRES of good
MOUNTAIN-LAND,
situate in Menallan township. adjoining
lands of John Hall, Andrew Bittinger, and
others.
TERll6.—One-half of the purchase mo
ney cash on the Ist of April next, when
possession will be given ; the balance in
three equal annual payments without in
terest. ROBERT BELL, Exec'r.
August 24, 1840.—ts.
"York Advocate" please copy oval aide and
charge that office.
ILIM6 t%T&TII
THE subscribers. Executors of the Es
tate of Eusastrrn Walton, late of
Straban township, Adams county, Pa., de
ceased. will sell, at Public Sale, on
Friday the f lat day of September next.,
The Valuable Farm
of said deceased, situate in Straban town•
ship, and adjoining lands of Robert M'll
heny, Isaac Montfort; Robert King, and
others, containing'
2.00
more or less, of Patented Land. The Int-
Inurements area
.TWO-STORY
LOG DWELLING, ,
Log Barn, and Spring-house, with an ex
cellent Bring of Water, &e. A fair pro.
portion of the Farm is in Meadow and
Timber; alio an
OR CI cyanlli
of choice Fruit on the premises. Any
person wishing to view the premises, eon
call on Wm. Thompson, residing on die
Farm. or on the first named Executor. •
►Sale to commence ;it I o'clock, P.
M., when attendance will be given and
terms made known by
WM. VA NORSDAL,
JOHN WITHERSPOON,
Aug. 24, 1849 , —;ta Executors.
Txe subscribers having sold out their
entire Stock of Goods, are desirous
of closing up their books as early as pos
sible, and request all persons knowing
themselves to be indebted, to call and set
tle without delay. Any persons having
claims against the Firm will also present
them for settlement. Our friends and po
tions will accept our thanks for the liberal
and generous patronage extended to us
while in business.
OrpThe Stock of Goods has been sold
to Mr. C. W. flovemArv, who will dispose
of the remaining lot at reduced prices.
ALEXANDER COIIEAN.
WM. KING. •
Gettysburg, Aug. 24, 1849.—tf
MARRIED,
D.I.E D',
..47' PUBLIC S.gLE,
AT PUBLIC SALE.
CLOSING UP.
PUBLIC SALE.
113 Y virtue of an order of the Orphans'
13 Court of Adams county, the subscri
ber, Executor of the Estate of HENRY
Baas, deceased, late of Franklin township,
Adams empty, Pa., will expose to public
sale, on the premises, on
Saterrday the 22d day of September next,
AT ONE O'CLOCK. P. E.,
TRACT OF LAND,
the property of said deceased. situate in
said township,' and adjoining lands or Nl
choler Bear, Geo. Areodt; and others, led
•COPIT,4II4IIKO
Aro
. 4
Snore or less. The improvententirue a
ONE-STORY
Log Dwelling,
weatherbuarded, a Log Stable, a
Lo g Shop, a Spring House, with an OR
CHARD and a well of water on the pre
mises. Attendance ' will be given, and
terms made known, on the day of Sale, by
JOHN BITTINGER, Ex'r.
By order of Court—Ji. Densviddie, Clerk.
Aug. 24, 1842.--ts
Vikkeilla“
4T MEATS S4L.E.
V HE subscriber offers at Private Sale
the FARM, on which he resides,sit
nate in Liberty township, Adams county,
(Carroll's Tract,) lying upon the public
cross-roads, leading from Gettysbarg to
Waynesburg, and from Enunitsburg to
Fairfield, containing
300 41. 2110
more or less, of patented land, of which
200 Acres are cleared and in a good state
of cultivation. The balance is covered
with the very best Timber. There is a
good proportion of Meadow. The im
._ provementa are a two-story
a ROUGH-CAST
• s
1 II Dwelling House,
with the back-building attached, a large
Barn, (part frame and part log) wagon
shed, corn-crib, and other outbuildings.—
There is a never-failing well of water, with
a pump in it, convenient to the door. The
farm is well supplied with running water.
The fencing is good, and the farm is in the
very best order.
JOSEPH HUNTER
Aug. 24, 1840.-tf
A VALUABLE FARM
FOIL BILE.
IPIIHE Subscriber, Executor-of the. last
.ii Will and Testament of PETER Kum,
deceased, will rell, at Public Sale, on the
premises, on
Thtirsday the 27th day of September next.
AT 1 O ' CLOCK, P. S.,
the valuable Farm of said deceasedoituate
in Mounijoy township, Adams county,
Pa., adjoining lands of Jacob Eckenrode,
John Benner, and others, lying about half
a mile from theisubliw-Road leading from
Littleatown to Emmittsburg, and one mile
from Sell's Mill on the Emittsburg road.
The farm contains about
200 ACRES
of Patented Land of first-rate quality, (red
land.) There are on the property about
60 acres of GOOD TIMBERLAND, to
gether with a sufficient gamily of Meadow.
The Farm will be sold in two trams, or in
one, as may suit purchasers. One tract
coninins 130 or 140 ACRES. The Im
provements on it are a two-story.
W EATHER-BOARDED
.
Dwelling Mouse; L 640
a Spring-house, a never-fail-
Spring of Water near the door; a double
Log Barn, with Sheds attached ; Wagon
shed and Corn-crib. There is also an
ORCHARD of Choice Fruit on the prem
ises.
The Improvements on the second tract are
A ONE-AND-A-lIALF.STORY
LOG DWELLING HOUSE,
a double Log . Barn, with Sheds attached,
a \Vague-shed, Corn-crib; a well of Ws.
ter near the door ; also an ORCHARD of
Apples and Peaches, (choice fruit.)
U:TPersons wishing to see the proper
ty, can call on George Lawrence, residing
on the farm.
11r - Attendance will be given and terms
made known on . day-Of Sale 6y
JOSEPH FINK, Executor.
August 24, 11114.—ts
VALUABLE FARM
.1? PUBLIC S4LE.
WILL b e sold, on the ptyalin*, by
Virtue of an Order of the Orphans'
Court of Adams county, on
Saturday the 22d day of September next.;
AT 1 O'CLOCK, P. 111.,
31E - V111.111111..111111E,
belonging to the gelato of GABRIKI.Arm-
Lull. deceased, late of Tyrone township,
Adams county, Pa., situate in said town.
ship. on Big Conowago creek, and adjoin
ing lands of John Diehl, Wm. R. Stew
art, Martin Raffensperger, and others...*
The farm contains
aaVarbtt,
more or less. The Imprprements are
'two-story ' ' "
,ROUGH—CAST ' fju
-..DWELLING,
with one.atory. Back-building a 'doable
Log Barn, with Sheds ' and other Out
buildings; a well; of Water 'near the
House; a young. thriving ORCHARD of
choice fruit.. A fair proportion, of the
farm is' in good Pdestiowiind Timber...
The lend is underleacing and good cubit
tuition. • - - -
Attendance will be given and terms made
known. on the day of sale . by
SAMUEL DEARUORPF
HENRY SPANGLER
,
August 24. 1849.—ta Adm'rs.
NOTICE.
fETTERS of Administration on the
411 estate of JOHN LAREW, late of Lati
more township, Adams co., Pa., deceased,
having been granted to the subscribers re
siding in the said township, they hereby
give notice to all indebted to said Estate
to make payment without delay, and those
having claims to present the same proper
ly authenticated for settlement.
DAVID P. LAREW,
JACOB P. LAREW,
Aug. 24, 1840.—w.
mirA NEW LOT OF BLANK
DEEDS, (Common, and for Ex
teutors, and Administrators with the will
annexed,) Mortgages, Boucle, ar.e., just
printed on superior paper, and fir sale at
this office, •
FARM FOR SALE.
THE subscriber o ff ers at Private Sale,
on advantageous terms,
3 1 161 - tiDI
situate in Franklin township, Adams coun
ty, adjoining lands of Robert Slickly, Win.
Bailey, and Wm. Hamilton, within three
ot Gettysburg, containing
184 Acres and 91 Perches.
There are about 50 Acres of Woodland,
and the rest under good cultivation. There
are two
ift Dwelling, Houses
on the Farm, a double LOG
BAH ;newly covered, With shedeariziand
it ; two wells of water, with a pump in
one of them ; a sufftcknat quantity of Frtsit
Trees,' inch as Applep Pear, Psicli,alid
Cherry. There se: fildstiber aufackind
make 00 tons of Hay Toady. 'About Ilioo
bushels of Lime haviiiren4put on the farm.
and *bout 9,006 Chaentrtiratle, •• '7
This would suit te Into tiro
Tracts, both of elear , and wood land,
Any person wishirig do purchase, will
be shown the &rot; by Trestle. re
siding thereon, 013101- •TROSTLE.
July 37, L849--4e ii •
FARM fe -SALE O
rinHE inbieriber;ititendhtigio leave the
County, offetwitor sale that well
known ' '
2 ......
. D ,
(being the late residence of bltj:• John
Torrence,' deceased,) • situated five miles
from Gettysburg, On the Toad leading to
Hanover, containing;!
t; ArO i ttriS
* _ _
of first quality red land;• about 00 acres of
which are covered with good TIMBER.
The cleared land, a fair proportion of which
is MEADOW, is under good fencing, is
well watered,and has recently been much
improved, by limeing andotherwise. On
said farm is a comfortable
Of I Dwelling House ,
a large Bank Barn, with other
necessary out-buildings, a good Lime-
Kiln, nearly new, an abundance of Fruit,
&c.
Possession may be had in October, or
April, as may suit the. urchaser.
11/CPIf theproperty 'tie not sold before
the ld day of October, it will then be of
fered at public sale, on the premises.
AARON WATSON.
Mountpleasant tp., July 18, 1840.
FARM AT PRIVATE SALE:
THE subscriber will cell at private sale
the FARM on which listiair Han
stiET, jr., now resides, situate in. Franklin
township. Ada tnit--4notnoty- r ailinississg. lands
of King Wilson, Andrew kkintzelman,
and others, Containing
a 415
more or less. 'l' he tiliprovellivaio are a
• • • -TWO-STORY
Frame Dwelling,' House,
111
a first-rate LOG BARN, with a
Spring-of good water corOenieht to the
door. There is a fair proportion of Tim
ber and Meadow on the fann, and an ex
cellent Orchard. Persons wishing to as
certain the terms, which nill be reasona
ble will call upon the subscriber. The
property can be viewed on application to
the tenant
HENRY HERSHEY, Sen.
Franklin tp., June 1, 1849.—.tf
•
1.. N
O'llOE is hereby given to those per
sons who have subscribed towards
the building of Mount Horeb (Lutheran)
Church, in Hamiltonban township: not 4o
pay said subscriptions to LEONARD KAMP.
MAN—said Kauffnutrobeing no longer a
gent for said Church.f
, LAZARUS BAKER. ,
• PHILIP WAGA.MAN:
JONAS HINKEL, •
BuildMg Committee.
Aug. 24. 1849-4 t. .
THAT DREADFUL COC•0111
THE LUNGS , ARK IN' D A'N G E R- THE
WORK OF THE DF.I3I•ROyER HAS
BEEN BEGLIN—THE COUGH OF,
cONSUMPTION HAIL)IN
A SolnD OF MATH!'
dithßE- YOU A MOTHErti--Your (tarifa/1'
child' your idol. and earthly jay,jadiear
perhaps confined to ber,chamber ;bra dangerous;
cold—her pale cheek', her thio,. ruaken.
ere, tell' the hold Ai mai gathetf upon
hers—the sound of bet lepclehtiti'cbugh pierces
your soul. -
YOUNG MAN, when just about to eater.Ufe,
disease sheds, heart•trushing blight over ha
fair prospects,uf the future—your heelic,cough
and feeble limbs tell of your lossol hope, but
yen used net. thumair. There .
betels which
will heal the wounded lungs—it Is •`
Sherman's 411-ffeatint 'Hal-
sans !
Mrs. ATTREE, till wife of Wm. H. Attree,
Esq. was giren up by Dr,Seerelk, of-Washing
ton, Drs. Remand M'Clellan of Philadelphia, end
Dr.. Ranted Mott ef: New York. Ifcrfrieedw
allchought she must die. She lissi every ap.
peanince of being la consumption, Sradysnpro•
flounced so by her phyeiclans. Rherman's liel•
stun incgivett stet At toted hey,
aifrs. GAREABRANTZ, pf tkll4erry i ; was
alecflerind orCraisumption by this stincurkita
all otkirc nratedfiliefillisi to glottal% was
reduced to ibluelefint. Dr.. A. Avon.
. ,
tiat; Its/ Pr444.lkay, butyitoso o ott to.
several' Claes where rid other WWI Mad
relief—but the Bxlsrau operated ! lace. chum.
Dr. C. also witralke 'Wonderful a in en.
ring Anthmx, a' Chit zrY°F' 0 44) 41411 9
Spitting Blood; ailed:rung 'as it ma y be,'ls eIIi,
oally cured by. this Htlism. It OWN The
rared.or wounded blood moots, ILO waist the
•
leap mind again,: r • .%•
lieu. i 1 irTKY roNgs, atm Di; 4 /th,
wee cured of c ou gh end faiafrik* r t tiaa ofli9
tears atitiding. The dist dose ga Mtn mere
reitettliin Brittle Mho(' medicine be had oiler la.
ken. Dr. 1.,..1.-Beels,,l9Delasti7 okmer f iraveit
to a sistor.in•law wI o 171111 labortig tinder Con
eurription, and to snotber• sorely ;Misted with,
the Asthma. In both cases its effects were jai.
mediate s boon rOSlOligig theta Mitimfartabsi
health.
- .
Mn. LUCRETIA WELLS,. 9.5 OZllristi e
suffered from /Wilma 42 yeirs. Sherman's Bal.
earn relieved'her' at once, and she Is (imperative
ly wekheiug enabled to subdue every attack by
timely use of this medicine. This indeed is
the great remedy for Coughs, Colds, Spitting
Blood, Liver Complaints, and all the affections
of the throat, and even Asthma and Consump•
tion. Price 25 cents and $1 per bottle.
Sherman's Cough and Worm Lozen
ges, and Pour :,lan's Plasters, sold as above.
Dr. Sherman's 01lice is at lOU Nassau at. N. Y
133 - For bale by
BUF,HLER,
General 3gent. Gellystourg and by
Dr. Kauffman, Petersburg ; J. S. Hollinger, Heid
lersburg ; E. ritahle, Centre ; J. M'Knight,
Bendersville; J. F. Lower, A rendtsvillo : Stick &
Witmer, Mummasburg ; I'. tor Knight, AfKnight.
rifle; fikott, Cashtom n; J. Brinkerhoff, Fair
field; E. Zuck, New Chester; D. M C. %%, bite,
Hampton; H. E. Miller and Wm. Well, Fast
Berlin; Wet, Bininger, Abbottstown; Lilly &
Riley, New Oxford ; E. J. Owings, M'Sherryx
towd ; nod Bssoupl,Ber; in, Litticstown.
July lt449.—`g
%Mt t
IT PRICES THAT CaelrT
BE BE.IT
GEORGE ARNOLD,
AT the old and well known stand, has
just received and is now opening, as
usual, as large and well selected a stork
of goods, as has been offered to the public
at any time—consisting of
Dry Goods & Groceries,
211:111147//Dvpliatz4
QUEENWWARE & FIOLLOW ARE,
LEGHORN, STRAW, AND GIMP
(D afU7 4 .?630 amp
al of !bleb have been purchased on the'
very best terms, and will be sold at prices I
to soil the times. He will not misrepre
left nor deceive you by saying that we
on sell goods, "Thirty per cent. cheaper"
AO 'tiny, other establishment. But we
will COnfind ourselves to the plain facts,
: and that is, that we will sell any and every
article se cLesp, Vacua little cheaper, than
they can be had elsewhere. Our prices
ate uniform. And . we warrant all Goods
isOld to be Is they ire represented.
OP'The Ladies' attention, particularly,
ftivited to a large and very handsome se
lectioq of
rips,'and'Posner Goody
generally. Please givems a call, examine
and Jude,' for youtvelvei. •
• • OEOROE ARNOLD.
• • April' 8; IE49.—W ' •
LOOO sti , LtOks,
,•
-ki4 l lpply 4luira
_ , hau4iPM4 Dii•AS's
9u 'RS rroPlii do ick call's 0 4 6 Store
of Jr, potnoc,..itexac q ino his 'cock. of
°DIG/4M% LAWNS, ..LINEN ,LUSTRE,
pioirhatripedand barred Cambria
Alpacas, and agooitinicle or '
Black bilk.
Bleak Gimp and Fringes, Needle-worked
Collars, plain and figured Bobinet, a fine
lot of Irish Linens, colored, bleached and
unbleached Muslin, Drilling, Brown Hol
land, 'fable Covers, Combs arid many oth
er articles too numerous to mention. I
would therefore invite all to call loon' And
examine for themselves before purchasing
elsewhere, as I feet confident that I can
please all, both in style and
Gettysburg, March :99, 1849. '
Titt. kitaitt.
aIE advise you all, in view of the not
a ural propensity inaw4-days' to de
sire asamuues. to go antlsee
CS IoTl7oilOa 404,9
NEW. SPRING- GOODS.
It is worth a visit. to look at • his CALI=
COES. His whole assortment is well
selected, and : his Goods are oat only pret
ty butcheap. Having been purehasediate
in the season, when city merchants were
; anxious to sell, they -were obtained at re
duced prices. His Cotton Goods are re
markably low. Go. then; to STEVklii-
SON'S:before you purchase l
May-. 18, 1849..
I). lIVCONA WRY,
Stiorney at Law,
OFFICE in the S. W. coinerOf the
Publie Square, one door 'Wesedf 0.
Arnold's Store. formerly occupied is a
Law Office by John Ill'Conaughy, deed,
He solicits, and by prompt and faithful at
tention to business in his profession, it will
be his endeavor to merit, confidence and
patronage. . ,
gcro. M'Constrottir will also .sttend
promptly, to all business entrusted, to him
ss .9gent and .Solitior for Patents and
Pelpions., ,He has made arrangements,
through which he can furnish •very deals*.
ble facilities to applicarto, and entirelY
lieve them from the necessity of s journey
to •Washington, onapplieation to him per
sonally or by.letter.
Gettysburg, April 2.--11
NOTIOE.
BY .n 0141 reteirod (rant the office of
thttii:diutent General, leis made the
duty of the Iffrigittro Inspector of this lid
gade, to collies :as seed' its possible ""alt
arms and equipmerser not m the posses
eion of volunteer companies regularly or
ffnoigfkbir fbr ;Thigh 90 :bond fissf,bern
or trill be giveh ; alio: ail the tents; regi
mental or batallion colon ; and other mill,
tart property of die State. notain'shit
session of the disbanded inilithiP•!••
Those persons, therefore, who Mayhew?
in their possession any of the idiots'*Ow
maraud articles. or any' military pitoperty
of the State whatever. will t pleas. return
them at Ohet to the .aubseribert: Thoie
persons neglecting to de Aro, Will'be chart
e 4 with the value °faith property ae they
tn4l retain, and will he held liable iherm
fore. , - 7011 N SCOrli;
Brig. Inip. Ski Brigade.
Aug. 16.-4 . .
PUBLIC BALM
• _ : : •
On Tuesday the 4th qf. September next,
xt 10"otakocat.q.")6,
111PHE subscriber, who delsigne leering
, *Meister, alit *allot his'residenecin
Freedoms townshiP,' Adams county, Pa., a
variety of valuable Forestial Property, via :
SEVEN:HUI) 'OP HORSES,
inelndinithe Stallitot well known as the
“PANNSAI:iIN.I.I FORMER."
15 Head of Cattle,
(among which are 7 good Mu lch Cows,)
40 Hogs, Sheep, Horse-gears, 2 Wagons
(one broad, the other narrow tread,) a Car
riage ; Wheat, Rye, Corn and Oats by
the bushel ; Hay by the ton, (about 40
tons) threshing machine, patent corn-cut
ter, and grinder, patent eider-works, wind-
Mill, ploughs, harrows, cultivators, and
other farming utensils, together with a
variety of HOUSEHOLD 4- KITCH
EN FURNITURE, among which are
mahogany Pier Tables, Bureaus, Chairs,
Bedsteads and Bedding, Carpeting, Stoves
and Pipes, &c., &c. Also, at the same
time and place, will be sold a
FRAME CARPENTER'S SIIOP
7'A. credit of 12 months on approved
security will he given on all purchases
amounting to more than $5.
'The Farm upon whioh the sub
scriber resides will be rented on said
day, by public out-cry, to the highest bid.
der. Termsrnade known on day of sale.
Persons wishing to view the property
will please call upon the subscriber.
ISAAC NELLY.
Aug." It , 1840 is
RESOLUTION
RELATIVE TO.qN.IIIIENDBIENT
OF THE CONSTITUTION,
Resolved try the Senate and House of
Representatives of the Commonwealth ol
Pennsylvania in General .9ssembly met,
That the Constitution of this Common
wealth be amended in the second section
of the Pith article, so that it shall read as
follows : The Judges of the Supreme
Court, of the several Courts of Common
Pleas, and of such other Courts of Record
as aro or shall be established by law, shall
be elected by the qualified electors of the
Commonwealth in the manner following,
to wit : The Judges of the Supreme
Court by the qualified electors of the
Commonwealth at large. The President
Judges of the several Courts of Common
Pleas and of such other (Mutts of Record
as arc or shall be established by law, and
all other Judges required to be !maned in
the law, by the the qualified electors of
the respective districts over which they
are to preside or act as Judges. And the
Associate Judges of the Courts of Cornnien
Pleas by the qualified electors of the
Counties respectively. The Judges of
the Supreme Court shall hold their offices
fur the term of fifteen years if they shall
so long behave themselves well : [subject
to the allotment hereinafter provided for,
subsequent to the first election :] The
President Judges of the several Courts of
Common Pleas, and of such other Courts
of Record as are or shall be established by
law, and all other Judges required to be
learned in the law, shall hold their offices
for the term of ten years, if they shall so
long behave themselves well. The Asso
ciate Judges of the Courts of Common
Pleassball hold their offices for the term
of five years, if they shall so long behave
themselves well I all of whom shall be
, commissioned •by the Governor, but for
any reasonable mum which shall not be
sufficient grounds - -of litpeachment, the
Go error sluilt :remove arty of them on the I
address of two-thirds of. each branch of
the Legislature. ) The firsteldition shall
take plaoe.at the general election of this
commonwealth next after the' atkeption of .
this, amendment, and the.. conimissions of
all the Judges who may-be-then in office
-shell ;tapire on the firsilktonday of Decem
ber following, when the terms of the new
judge. -shall ' commenoe..' • The' persons
who shall then he, elected Judy, of the
S,oprotote Cana thalLhold' their offices as
fellows t, o ne ' ttf, these for three years, one
for six years c ene for nine. . ears, one for
.twelve,years;:sod one. for fifteen years ; the
formal each. :to be decided by lot by the
<Did ;Mout si. Soon . fter the election as
• Convenient. end the result certi fi ed by
..14.1111 . 104hit , Governor, that the Commis
slows may', he issued in accordance thereto.
The Judge whose commission will first ea
t pi ne Oak beCbiefJuatice during his term,
i
reach judge whose commis
siert _shall first expire shall in turn be the
phial( /maim,. and if two or more corn-
Millilligelt ahallexpire on the same day, the ,
judges, holding them shall decide ,by lot
Wilich shall be the Chief Justice. Any va
cancies,happening by death, resignation
or otherwise, in any of the said Courts,
shall be filled by appointment by the C, ov
°nor, to continue till the first Monday of
December succeeding the next general
ejection, The Judges of the Supreme
Court, and Rut Presidents of the' several
Courts of Common Pleas, shall, at stated
times, receive -for their terxices an ade
•quistei , compettotitioui to,be fixed by law,
which shall not, be diminished during their
continuance in Office, btit they shall receive
on fees or perquisites of office nor boll any
other office of profit under,this Common
wealds, dr under the government of the U.
States, or any , other State of this Union.
The Judges of the Supreme Court during
their continuance. in office shell reside
within this Commonwealth, and the other
Judges during their contiuuance in office
shalt' reside; within ihrit dlittiet "or county
for which they,ere COP positively eleated.
_ ,W+Lie 114001 F.-;PACKER,
lut
Spotoser atc MOO of Representatives.
W.Oll,Gt: //ARM,•-
.
. . , Speaker of the benatc.
th the /Moto, March the Ist, 1849.
Resolved; Thit thistesolutiou puss
t.—. , year 31: Nays 8.
- • 18susei iron the Journal.
;SAMUEL W. PIERSON, Clerk.
tise limn of Rgraretottem, .Arprit Id, 1849.
.R4tPlved, Thal Uzia Reeolutiou pus.—
Yeas 6,3, Nays 26. J
Exueet from the ;vernal.
WM. JACK, Clerk.
"• ' Ilecritery's erste.
Filed April Agril64o. '
A. L.' RUSSELL,
'• • '' 'Ailif. See. of the Com.
I do catty that the above, and foregoing
is it 'true,setti correct copy of the Original
Restitution of the General Assembly, ell
tilfesf"ResOltition relative to an amend-
Ment•of the Constitution." as the same
remains on file in this unite
In testimony whereof I have
ar hereunto set nay hand and cans.
A\ ed to be affixed the seal of the
• Secretary's ...Skew Harrieburg.
this eleventh day of June, Alt•
no Domini, one thousand eight hundred
and folly-nine.
TOWNSEND HAINEs,
- &ay of the Couivuouvrealth.
Sovaissz or BssAss.
Resolution, No. 188, entitled "Resolu
tion relative to an amendment of the Con
stitution," was read a third time. On the
question will the Senate agree to the res
olution 1 The Yeas and Nays were ta
ken agreeably to the Constitution, and
were as follows, viz :
l'eas—Messrs. Boas, Braley, Crabb, Cun
ningham, Forsythe, lingua, Johnson, Lawienco,
Levis, Allison, Matthias, M'Caslin, Rich, Richards,
Smiler, Sankey, Savory, Small, Smysor, Sterrett
and :5 tine.-21.
Nays—Diems. Best, Drum, Frick, Ives, King,
Koniginaker, Potteiger and Daraey, Spesker-8.
So the qucattee -vas decided in the af-
firtnativc.
JOURNAL or Tux Horer. OP REPRIBENTATITIII.
Shall the resolution pass ? The yeas
and nays were taken agreeably to the pro
visions of the tenth article of the Consti
tution, and are as follows, viz :
Yeas Messrs. Gideon J. Ball, David J. Bent,
Craig Biddle, Peter D. Bloom, David M. Bole,
Thomas K. Bull, Jacob Cart, John H. Diehl,Na
thaniel A Elliott, Joseph Emory, David G. Esh
elman. William Evans, John Fain°ld, Samuel
Fegely, Joseph W. Fisher, Henry M. Fuller,
Thomas Grove, Robert Hansom, George P. Hens.
tey, Thomas J. Herring, Joseph Higgins, Charles
Hortz, Joseph B. Hower, Robert Klotz, Harrison
P. Laird, Abraham Lumberton, James J. Lewis,
James W Long. Jacob Wept/try, lobo F. W-
Cullogh, Hugh M'Kee, John M'Esughlin, Adam
Martin, Samuel Marx, John C. Myers, Edward
Nickleson, Stewart Pearce, James Porter, Henry
G. Pratt, Alonzu Robb, George Rdpley„ Theodore
Rymen, PeinArd 5, Velpoentwar, Samuel Seibert,
John Sheen, Christisn /infest', Thnmies C. Iliesek
Jeremiah IL Stubbs, Joust J. Skillful., bliaMehaL
Swartz's@!der, Samuel Taggart, George TAlsorn.
Nicholas Thnrn, rtrunah Wenlei. riammiLWaill
rich, Alonzo I. Witeriz, Daniel Erdal mlooWm...
F. Packer, Bpeiker.--.58.
Nays-4festrs. Augustus IC. CernMANnvid U.
Courtney, David Evans, Reply L 4. Evans,Johre
Fenton, John W. George, homes j o bs
B. Gordon, William Henry. James J. *irk, Jo.
seph Loubough. Robert R. Little, John S. &Veal
mont, John MlCen, Wm. Nrsherry, Josiah MEW,
Wm. T. llorrison John A. Otto,. Maise l y,
Roberts, John W. doseberry, John D. ihnbalisa„,,
R. Rundle Smith, John Silly th,J oho Suedes, 04*.•
Walters, and David F. W .
So the question was determined in ::tnir
affirmative. • -
Secretary' Offire, }fin bties, , 7 4 ,
June, lb, 1849, . 5
PENNFITLYANIA, NA. „.
1 do certify that the Jamie owl
I. t
~ , forgegoingis a true and correct
•' ~.- 4-, . r, copy of the yeas and nays, to
;Is ken on the "Resolution ralatiiie
it 0 to an amendment of the Consti
tution," as the same appears on the . Jour
nals of the two Houses of the General As
sembly of this Commonwealth, for the ses
sion of 1849.
Witness my hand and the Neal of said of.
lice, the 15th day of June, one thousand
eight hundred and forty-nine.
TOWNSEND HAINES.
t3ecretary of the Commonwealth.
Harrisburg. June 22, 1849.-3 M
FEVER AND Aour., AND ALL Fenlid Cr.
RED RV BRANDRETWeI Pti.t.a.--All t fevetv
aro occasioned by the disordered motion
of the blood; produced by the hiunp4l44l
- by hardening the valves or4hvosies.
sets. The blood circulates milts greatly
increased speed, and is still increased by
the. friction of the globules. or pellicle" .
which compon the mass of fluids. :rintiji
it is that the excessive heat and chills' le
experienced throughout the whole system,
and accompanied with great thirst, pain in
the head, back, kidneys, and in fact a com
plete prostration of all the faculties of the
mind as well as the body.
On the first attack of fever, or any dis
ease, immediately take a large dose of
Brandreth's Vegetable Universal Pills, and
continue to keep up a powerful effect up
on the bowels until the fever or pain has
entirely subsided. Six or eight will in
most eases be sufficient as a first doseotthl
one dose of this kind it is not improbable,
may prevent months of sickness, perhaps
death.
Dr. BENJAMIN BEANDRETH'eI Vegetable
Universal Pills are indeed a universally
approved medicine, which by its peculiar
action, cleanses the blood of all impurietim
re:noves every pain and weakness, and &-
nay. restores the constitution to perfect
health and vigor.
(10.Thc Brandreth Pills are sold for 25 cents
per box at Dr.B.Brandreth's Principal 015e5,•241
Broadway, N. York, and by the following. 414
authorized Agents:—John M. Stevenson, Cat
ty-F.l)ml/ ; J. B. WCreary, Petersburg ; Abraham
King, Hunterstown ; A.M'Parland, Abbottatown;
B. M. C. White, Hampton; Sneeringer & Fink,
Littlextown ; Mary Duncan, Cashtown ; Geo. W.
'Ratty, Fairfield ; 1.11. Aulabaugh, East Berlin,
D.Newcomer Mechanicsville; Sarn'lShirk,Han
over. [ July 27, 1849.-2 m
Letters of Administration, on the estate
of ELIZABETH KNOLIEE, deceased,
late of Germany township, Adams
county, having been granted to the sub
scriber, residing in same township, notice
is hereby given to all who are indebted to
said estate, to make payment: witttout de.;
lay, and to those having claims
them properly authenticated for settlement.
HENRY COLEHOUSE, Adm'r.
July 20, 1849.-6 t
THE Volunteer Companies attached
to the 2d Brigade 4th Division, P
will assemble at their several places Of
meeting on Monday the 2011Auguiiinat,
for the purpose of electing Company Of-,
ficers. The attention df Captains of Cow
panics is directed to the 15th SecL of the
Act. of Assembly, (relating to the revision
of the Militia system,) passed the Mk
day of April, 1849.
JOHN SCOTT,
Brigansp. 2d Brig. 4th .Ditr.
Aug. 10, 1849—td
lETTERS of Administration on the
A Estate of WM. SMALLWOOD, late of.
Freedom tp., Adams county, dec'd, having:
been granted to the subscriber, notice it
heieby given to all who are indebted to Said
Estate, to make payment without delay. and
to those having claims to present the same.•
properly authenticated, to the subscriber,.
residing in the same township r ier settle-4
tnent.
DAVID ROTH, Adtp'r.'
Aug. 10,1840.-60
cretary'l Office
THOSE persons indebted to the firm
or "BAI:111ER & C 0. ," will please
call and settle up their accounts as soon
as possible ; and those having claims a•
gainst the firm will please present them to
the subscriber for payment.
• • SANFORD SHRODER,
Surviving Partner.
Pountaintiale, Pa., Aug. 10. 1849.
LETTERS Testamentary on the Es
tate of PHILIP LOHR, late or
Union township, Adams county, Pa., de
ceased, having been granted to the subscri
bers—Notice is hereby given to "all per
sons indebted to said Estate to make pay
ment without delay, and to those . having
claims against the same to present them.
properly authenticated, for settlement.
FRELERI LOHR,
JOHN LEIGHTNER.
Executors.
The first named Executor resides in
Union township, Adams county—the last
in Manheim township, York county.
Aug. 17, 1849-ot*
10110N1 the Ist of October next,
r a TWO-STORY DWEL
LING, with Back-building, plea p s i j
-
santly located and possessing .ev
cry convenience for a desirable rtsidenese
orir Enquire at this Office.
• PliAln awl Figured Clumps:, •
Q'rEul, BEADS, Purse Tv;iit, Taseitik:
P . " _NA Canvass, and Itottrules,conetsurt
ly on baud and for aule at Willer& i!?
March 30. .
1 7 e"For Salo In GellYsiblirlry „,•
S. U. nvaug.F9 ! ,
Wholesale 4- Rdail rlgent for dow CO,
AuTust 10, 11340-1 y
F
FOR 5.11,F: ;.;;;.s. OFFICZ,
NOTICE•
NOTICE.
1110TICEk.
NOTICE,
NOTICE.
FOR RI:AT,