Raftsman's journal. (Clearfield, Pa.) 1854-1948, June 27, 1860, Image 2

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Tho case was then argued before tho Jury by
K. J. Wallace, Ksi., lor tho Commonwealth,
followed by H. I?. Swoop and W. A. Wallace,
KMuii. fr tbA Prisoner, and closed by J. B.
M'Knally, tor the Commonwealth allj
tho couRMl acquitling ineruseivcs in a croui
Itabl manner, ami faithfully performing their
worn duty.
Charge of hit Honor, Judy Linn.
Tho Court after commenting upon the na
turo and impoitancc of tho case J tn6 neces
sity for divesting their minds of all unfavorable
impressions, or bias produced by rumor or
otherwise, instructed tbo jury in substance as
follows : . .
That they must first be satisfied tint the de
ceased came to b death by a gun-shot wound
inflicted by the prisoner.
It this lact be proven to your satisfaction
then ttus killing is either justifiable, excusable,
or felonious. There is nothing in the case to
warrant you in saying that it is justifiable. Is
it excusable? The prisoner's counsel con
tend that the act was done in self defence, and
if so, excusable. - To render the taking of life
excusable, when alleged to have been done in
defence of one's person, it must appear that
the danger was imminent and immediate, and
that there was no other way of escape. Noth
ing but dire necessity will excuse the act, and
it lies upon the prisoner to show that such ne
cessity existed at the time. . '
- (The facts and circumstances attending the
killing were then referred to, and an intima
tion given by the Court that there was no such
necessity in the case as the law requires to
render the act excusable, but the question was
referred to the jury.)
But the prisoner's counsel contend that the
act was excusable on another ground, and they
accordingly request the Court to instruct
you as follows: - .
1. If the Jury believe that the prisoner at
'the time of the killing, from the threats of
Thompson then, from his advance towards him
and his assault upon him from his repeated
previous assaults and threats since the trial of
the indictment for riot from the natural ex
citability and weakness of mind of the prison
cr,with the superior bodily strength of Thomp
son to bis own, or from any other physical
causes ; was in the delusive belief that great
bodily injury was about to be committed upon
him by Thompson, and the killing was the re
sult ot that belief, , then the crime is neither
mnrder nor manslaughter, but se defendendo,
and the prisoner should be acquitted.
. 2. . The Jury are to take into consideration
tho relative strength of the prisoner and the
deceased the conduct of the deceased toward
the prisoner, since the trial of the prosecution
for riot the abuse of the prisoner by the de
ceased at the time of the killing his threat
ening gestures and advance towards bim then
the repeated previous abuse of the prisoner
by the deceased viewing the deceased as the
man he was and the prisoner as he was, with
the other evidence in the cause, and if there
was reasonable ground by the prisoner to appre
hend death or serious bodily injury at the hand
of Thompson at the time, the killing is se de
fendendo, and the prisoner should be acquitted.
. 3. If the Jnry believe that the prisoner at
the time of the killing, under all the circum
stances, had reasonable ground to fear great
bodily injury from the deceased and it they
believe that his retieat into the door after the
threats and abusive language of the deceased,
was with a desire to avoid that danger, and
there was no means of exit from the bar-room
they entered, in time to escape such person
al injury, the prisoner was not legally bound
to stand and submit to the violence of the de
ceased, but was authorized to protect his per
son even to the killing of his assailant, the
killing is then se defendendo, and the prisoner
should be acquitted.
These points considered together assert that
an apprehension, delusive or real, of an imme
diate and actual danger to life, if sincere, con
stitutes a defence to a charge of unlawful kil
ling, and that the taking of life under such
apprehension is excusable homicide and neith
er murder nor manslaughter. In order to
render an act committed under such appre
hension, excusable homicide; it must appear
that there were such facts and circumstances
existing at the time of the commission of the
offence, as would load to the reasonable belief
by the prisoner that the design on the part of
the deceased which he apprehended was about
to be accomplished, and that he wasn immi
nent danger of immediate death or great bod
ily harm. There must have been such acts
and such an attempt or attack on tho part of
' the deceased upon the prisoner as would lead
him to believe that there was immediate dan
ger of death or great bodily harm, from which
he could not escape by retreat from the assail
ant, or otherwise than by taking the life ot the
nartv making .the attack. The principle con
tended for in these points put by the priso
ner's counsel must be limited in us appuca
tion to cases where not only there is reasona
ble eround to believe that there is a design to
destroy life, but where that reasonable belief
is based not on surmises or inferences, now
ever but on an actual, immediate and physi
cal attack from the assailant. An illustration
of this principle of the law of self defence un
der such circumstances is given in the books
thus : "A. in the peaceable pursuit of his af--,
fairs, sees B. rushing rapidly towards him with
an outstretched arm, a pistol in his hand, and
using violent menaces against his life as he
advances. Having approached near enough in
the same attitude, A., who has a club in bis
hand, strikes B. over the head, before or at
the instant the pistol is discharged, and of the
wound B. dies. It turns out that the pistol
was loaded with powder only, and that the real
desisrn ot B. was only to terrify A. ' Will
"any reasonable ' man say "A. is more criminal
than he would have been if there bad been a
bullet in the pistol ? It will be noticed first,
that B. employed a weapon likely to kill, and
accompanied it with menaces of killing. Sec
ondly, that the parties were in actual conflict
at tho time : ana thirdly, mat a. usea a wea
pon not in itself mortal." A forco which the
defendant has a right to resist, must itself be
within striking distance. It must be mena
cing, and apparently able to inflict bodily in
jury unless prevented dt ine iorce nc opposes
The rieht ot resorting to force upon the prin
liple of self defence, does not arise while the
apprehended mischief exists in machination
only. The belief that a person designs to kill
rne, will not excuse me lor killing him, unless
ho is making some attempt to execute tho ap
prehended design, or at least is in an apparent
situation to 00 so, ana mereoy inauces me
"reasonably to think that he intends to do it ira
'mediately. If the circumstances transpiring
at. the time of the killing are such as,that after
all reasonable caution, the party suspects that
the act of violence which he reasonably appro
bends is about to be immediately committed, he
will be excused. The doctrine applicable to this
branch of the defence is this as we hold, and
instruct you, that an individual laboring under
an apprehension either well grounded or delu
lusive, that another person intends to take his
life or to do him great bodily harm is not ex
cusable for killing such other person, unless
- ...... . . i-. 1
jie is assauea under circumstances wuica ieau
to the reasonable belief, that the assailant is a
bout to execute his murderous or violent design
im mediately ,and in a way that precludes reason
able opportunity to retreat and render the ta
"king of the life of his assailant necessary to the
fence of bis life or bis person. Human life is
too sacred to be trifled with, and be who ven
tures to take the Jaw jn his own bands, and to
take the life of his fellow man must show that
tho act was clearly excusable. Nothing short
of downright necessity, either existing in
reality or reasonably apprehended from the na
ture of the attack, such as already explained,
will excuse. ;
If the act is not excusable on the principle
we have just stated to yon, it is felonious and
must be either murder or manslaughter.
The Court then proceeded to explain to the
jnry the nature of,and the distinction between,
the several grades of felonious homicide, and
concluded by instructing them :
1st. If you find from the evidence that the
act was malicious, willful, deliberate and pre
meditated, then you will find the defendant
guilty of murder in the first degree. .
2d. If you find from tho evidence that the
act was committed willfully and maliciously,
but not with deliberation and premeditation,
then it will be your duty to find the prisoner
gnilty of murder in the second degree., ,
3d. If you can find from the evidence that
the act was done suddenly, in a transport of
passion, and with sufficient provocation, such
as we have stated to you and read from the
books, you will find him guilty of manslaugh
ter only, . ,
The prisoner is in your charge.
1 The jury retired at half past six o'clock and
after remaining out till nine o'clock, at that
hour returned to the Court room, and render
ed a verdict of "guilty of murder in the seeon d
degree," with a recommendation of mercy to
the Court.
- On Saturday afternoon, at a few minutes past
5 o'clock, Hockenbury was brought into Court
again and sentenced as follows :
James Hockenbtjey: You have been found
guilty of a high crime, but the peculiar cir
cumstances surrounding the case, have induc
ed the Jury, in their verdict, to recommend
you to the mercy of tho Court, and we, in pro
nouncing' the light sentence we are about to
impose on you, are influenced to some extent
by the same extenuating and mitigating cir
cumstances. We would not be considered as
in any way or manner excusing the act which
you have committed. You have unwarranta
bly slain your fellow man, and were it not for
the recommendation of the Jury and the pecu
liar circumstances of the case, we would not
hesitate to exert tho extent of our power in
this case, and to pronounce upon you tho ex
treme penalty of the law. We have taken in
to consideration the threats and abuse of the
deceased toward you, your apparent alarm and
your feeble condition.mentally and physically,
as testified to by respectable witnesses, and as
in some measure apparent to the Court from
your personal appearance during the trial
these, with your advanced age and the present
state of your bodily health, and the other mit
igating circumstances surrounding your case,
have determined us to pass upon you as light
a sentence as a due regard to the demands of
public justice will allow ; and in this we are
guided by the Act of Assembly, and take the
minimum of penalty therein prescribed, as the
measure of your punishment. We would have
it distinctly understood that ofiences like this
cannot be tolerated and shall and will be se
verely punished by the Court in ordinary ca
ses ; and that it is only out of regard to the
recommendation of the very intelligent jurors
by whom you were tried, and in view of the
circumstances we have already mentioned,
that we pronounce upon you this sentence,
which is, that you, James Hockenbury, do
pay the costs of prosecution and undergo a
servitude in tho Western Penitentiary of Penn
sylvania for the term of four years, there to
be kept, at hard labor, fed and clothed in the
manner prescribed by law, and that you be in
custody, &c.
Hockenbury is a man of about 56 years of
age, over six feet in heighth, of slender pro
portions, and displayed much nervous excite
ment whilst receiving sentence.
In the Court of Oyer and Terminer for Clearfield
, County, March Term, 1WU.
On Saturday morning, June 23d, tho trial of
Mrs. Sarah Brcnncman, charged with infanti
cide, was commenced R. J. Wallace, District
Attorney, and Israel Test, Esquires, for the
Commonwealth ; and Win. A. Wallace, J. B.
M'Enally and Walter Barrett, Esquires, for the
Defendant. - At 9 o clock the prisoner was
arraigned in duo form, and plead 'not guilty"
to the several counts in the indictment, which
charged her with Infanticide, and concealing
tho death of a bastard child. .
The Court then directed tho panel to be cal
led over by the Clerk, and eleven jurors were
selected, when the clerk announced that the
panel was exhausted. A special tales being
ordered, the Court directed the doors to be
closed, and the Sheriff selected the names ot
twelve persons from among the bystanders.
These names wcro placed in the box, and Ja
cob Bilger chosen as the twelfth juror. The
names of tbo jury are as follows,' in the order
m which they were selected :
D. L. Gearhart, Joseph Ripley, " '
William Stall, . JohnBell,
James W. Irvin, John Mulkins,
John Hepburn, Elijah Burns,
t Thomas Myers, Frederick Fraily,
Caleb Copenhaler,' Jacob Bilger,
Tho jnry having been duly sworn, R. J
Wallace, Esq., District Attorney, opened the
case on part of the Commonwealth, after which
William Morgan, jr. was called, sworn, and
testified that on the morning of the 30th ot
March, 1860, was driving some cattle down
the River. ; Walked opto where Robert Ar
cby was digging sod on the bank of tbo River,
a few rods below town walked to the River's
edge, and passing down a piece, discovered
the child in the River. I turned to him and
said it was a child. Left it then, came up
street and told it in the Shoe shop; went a-
cross the street and told John Admas ; told a
conple other boys and then started down again
Whilst twelve men were being selected, I
drove the cattle down. When I came back,
saw them take the child out of the River. It
was about four rods below the house of Wm.
Powell, and nearly opposite the new house be
ing built by Mr. Spackman. ' When I came
back the child was still in the River, in the
same place whero I first saw it, about 12 feet
from shore. Saw it then taken out.
X. Water was middling low had been
higher was falling was not long alter the
Dr. J. G. Hartswick, af'd. Found the body
in the River 6 feet from the edge of tho water,
which was about 14 inches in depth; height
of the bank from the waters edge, 8 feet ;
child lay with us head up stream ; tho after
birth and membranes, still connected with the
child, about 18 inches below ; the cord was a
little twisted ; the right foot was partly beneath
a stick of about an inch in diameter ; tho urn
bilical chord was beneath the right foot and
over the stick t the child was upon its right
side ; the body of the child was covered with
sediment, except portions of the lift arm, hip
and knee. " The child was taken from the wa
ter, by' Dr. Wilson, and carried to the town
Hall. There measured it and - found it 21 in
ches in length ; the umbilicus was about half
an inch below the centre of the body ; found
three white marks about one inch below the
ear. and right side of the neck ; three . white
marks and one scratch. Dr. Wilson then
washed the child. Whilst he was doing this,
I noticed a discharge from tho moeconium ;
found tbo after-birth entire and in a good state
of preservation ; the vessels in it were filled
with blood i the body of the child was well
developed; the chest arched in front; hair
and nails perfect, ears standing out from toe
head and well developed; testicals in the scro
tum. About one inch below the left ears, on
the neck, saw a while mark. I also saw what
I supposed to be a finger nail mark on the
chest. Found the child to weigh 8 lbs. Dr.
Wilson then opend the chest, and found the
thymus gland well developed, occupying its
proper place. Examined the lungs, found
them prominent and projecting forward, the
right lung extending a little over the median
line, and covered a portion of the pericardium
or membrane surrounding the heart. The
lungs presented a light red .rather bright color,
and had a marble appearance, particularly on
the lower side. The lower part of both lungs
slightly mottled still darker. - Removed the
lungs and heart and placed them in a bucket of
water and they floated, in consequence of
having been filled with air. . , This is the hydro
static test. Then examined the. brain, and
found it fully developed. " Bones of the head
were partly ossified.- The vessels of tbo brain
were stained with dark colored blood. Alter
that, looking over it, I saw three marks on the
body. When the body was lifted from the
water in the River and let go, it immediately
sunk again. I thought the body was lying near
where it was first thrown in, from the fact that
the current was not strong, and that when the
body was lifted it immediately sunk again.
Had the body been thrown in above the bridge,
it would likely have been found further out,
perhaps on tho opposite side of the River. It
was a fully developed child. I think it was
born alive. There are two tests the hydro
static and static. The hydrostatic test was
employed. I believe tho child had breathed.
It is said a child can breathe before absolute
birth. It is my opinion, from examina
tion, that the child did not die a natural death
that it died by violence. The distending of
the blood vessels of the head and of the up
per portion of the body, would lead me to
suppose that it died by suffocation which is
the immediate cause of death by drowning.
X. The hydrostatic test I might consider ;
infallible, but is not by all there is a differ
ence of opinion in regard to it. Before the
child is born, I suppose in one-third of the
cases, the child cries. The lungs could be
come inflated after the lungs and bead had
passed. There arc other causes which would
inflate tho lungs and causo tbcm to float ar
tificial inflation, putrefaction, and emphyse
ma or rnpture of the air vessels and passage
of the air into the lungs. . Can't say whether
there was entire extra-uterine life my opinion
inclines that way. If the putrefying gases
were to pass into the lungs, they would float. ...
In answer to Oomth. I would think that a
fully developed child, such as this was, must
have had an independent circulation from its
mother. ISoticed no evidences of putrefac
tion, artificial inflation, or internal disease.
Adjourned at 12 to meet at 1 o clock. j
Court met at 11 o'clock, P. M.
Dr. R. V. Wilson, sw. A child was found
in the river, which I was called to assist in ex
amining at the Town Hall. Saw the child be
fore it was removed from the water. I lilted
it out. Assisted at the post mortem examina
tion, r It had all the marks of a perfectly ma
tured and well developed child. Tho after
birth was attached. The brain was healthy
and well developed, somewhat congested and
filled with dark blood. Its lungs were well
developed, fully expanded and of healthy co
lor, such as we would expect to find in a child
after birth. We employed the hydrostatic
test. Also examined the heart and lungs in
my ofhee after the inquest, bo far as our ex
amination extended and anatomical tests were
applied, there was nothing to contradict the o-
pinion that the child bad been born alive.
There was strong presumptive evidence that
death had been caused by strangulation suf
focation rather than strangulation. Ot this,
however, I entertained some doubts. Its lungs
were filled with frothy mucous, which is, ac
cording to the books, one of the evidences of
sufhcation by drowning. No evidences of pu
trefaction in tbo child none of artificial infla
tion. There were evident-signs of lite. Found
several marks on ono side of the neck, just
below the ear. , The hydrostatic test is not, in
itself, considered conclusive, but associated
with other circumstances pertaining to tho
condition of the child, it becomes conclusive)
as to the fact of respiration.: The circumstan
ces inducing belief that the child had respired
were, the condition in which it was found
its perfect developement rendering it evident
ly capable of sustaining an independent exis
tence the complete expansion of the lungs
themselves their healthy color, and the ab
sence of any putrefactive changes. The con
dition of the anatomical and foetal parts,
should also be taken into account. From its
density, I wouldn't suppose the body of the
child had floated far.. I have no doubts about
this child having lived after birth.
. : X. I don't believe that as perfect respira
tion oould have taken place until after partial
birth., It has happened in my own practice a
number of times that the umbilical chord was
around the neck of tho child 1 have found it
around once, twice, and once so tight that I
had to sever it. The average time that will
be'reqnired for a body to rise in the water
is stated by New-York coronors to be from 4
to 6 days. The child might have breathed
and not have bad complete extra-uterine life
the limbs might not have been free. The lungs
are the last parts of the body that are subjec
ted to a change iu water. I bad no doWbts in
my own mind that the child breathed after it
was born.
Robert Archy, sw. Was working on the
river bank on the morning the child was found.
Was cutting sod for Mr. Crans. Went to the
bank with Wm. Morgan, Jr., to see whether I
couldn't get better.- Went to spring at the
water's edge to get a drink. Went to where I
was digging, when he said, Bob what is that,
there. I looked at it, and said why it's a child.
Came up to Morrow's and told Dave Ualsey.
Morrow, naiscy and myself went down then.
M. A. Frank, sworn. Am a Justice of the
Peace, held the inquest, there being no Coro
ner. The body was found in the river in tho
Borough of Clearfield. The physicians were
called in by my direction.
Maria Shngarts, sw. I saw Mrs. Brenneman
three limes during the past six months. Took
her to be in a delicate situation.
'- Frederick Conklin, sw. Knew nothing, -r
Frank; Short, sw. Saw Mrs. Broneman fre
quently within the past six months. From ap
pearances, 1 supposed her to be pregnant a
few days before the coroner's inquest I thought
there was a change she didn't appear as she
did belore. . ,
H. B. Swoope, Esq, The Commonwealth
offers to prove voluntary confessions made be
fore this witness, by the prisoner.
The counsel for Defendant object, alleging
mat iney were made under great rear the
Defendant having remained in the woods du
ring the greater part of a night was hunted
down by armed men with pistols taken out
of bed in an enfeobled, starved and frightened
condition, late in the night, by the officers of
the law brought before the committing offi
cer, and subjected to an inquisitorial exami
nation.- ;;,
Testimony was taken to show under what
circumstances the confessions were made, and
whether the proof is admissible or inadmissi
ble, but before the examination was conclu
ded, at 20 minutes past 5 o'clock the (Court
odjourned until 8 o'clock on Monday morning.
Monday's Proceedings.
Court met at 8 o'clock, and after bearing
further testimony, His Honor decided that, as
no influence bad been exerted either one way
or the other to extort the confessions of de
fendant,, the evidence, containing her confes
sions, was admissible, subject to the charge of
the Court. k -: - J
The counsel for Defendant objected on the
ground that, taking all the facts and circum
stances together, the confessions were not
made in that voluntary manner, and in that
state of mind in which they should be made
to render them admissible. The Court over
ruled the objection, and a Bill of Exceptions
was scaled.
f H. B. Swoope, called. When Mrs. Brenne-;
man was brought into the office, I asked her
to sit down, and I think made the remark that
it was a serious or unfortunate affair. As she
sat down on the end of the settee, she said, "I
am guilty." I then said to her, this is a very
serious charge; you ought not to say anything
that would prejudice your defence, if you have
one to make; that if she desired it, I would
commit her to jail until Monday, when she
could have a bearing before the justice ; that
she was entitled to a full investigation and
counsel. She replied that she would rather
go to jail and stay tbero till Court. I then
said, if you intend simply to plead guilty, you
can do so, and I'll commit you to jail till
Court. She then stated, that she was the
mother of the child that had been found. All
that pertains to the facts were taken down in
wi iting in my docket as Burgess.
Prisoner's counsel objecting to the confes
sions being proved by parol evidence, and re
quiring that the confessions m writing should
be produced, because the writing is the best
evidence, the witness brought in his docket:
when prisoner's counsel objected to the dock
et being given in evidence, on the ground that
it is a minute made by an officer assuming au
thority that he did not possess ; that the Bur
gess has no power as a committing magistrate
in cases of this kind ; that the condition of
mind of the prisoner, under the false assertion
of authority, renders the confession one that
is not voluntary, and hence inadmissible ; and
that the prisoner's fear of the public gaze in
duced her assent and answers to the questions.
Ihe Court expressed the opinion that the
Burgess had no power to commit the prisoner
olhcially, but permitted him to use the book
to refresh his memory ; the writing being ru
led outat the instance of the prisoner's counsel.
H. Jj. bwoope then testified. She said the
child was born on Monday night the 19th of
March that she destroyed it with her own
bands that George Ncwson was its father.
I then asked her if she desired to have George
Newson arrested. She said she did. I told
her it would be necessary for her to make an
information : that I would have to ask her e-
nough questions to draw the information. I
then asked her when the child was begotten.
She answered that. 1 then .asked her where
it was born. This question she hesitated to
answer for a considerable length of time. Says
she, must 1 answer that. I replied, that I
couldn't write the information without know
ing where it was born. She said in the back
bouse on her mother's lot, and added to that,
that she had carried it to the river and threw
it in, and that nobody else knew anything a
bout it. I think it proper to state that I had
not told her what charge would be preferred a
gainst her whether infanticide or concealing
the death of the child. She didn't know from
me the nature of the charge against her. She
made oath to the information and signed it.
-a.. x aiun t oeneve an 01 tnis coniession.
In the first place I had been informed of what
had occurred in the bouse prior to the arrest ;
that after she entered the house, when she
came home, her mother and sisters had a long
conversation with her in the dark ; also about
the time the officers made the arrest, one ot
the sisters went into the room and said, Sarah,
we didn't know anything about this, did we ?
I didn't believe it further, because when she
hesitated to answer the question Bhe seemed
to be hunting for a reply to make so as not to
implicate anybody else; and for the further
reason that I knew, having studied medicine,
that a woman in her condition could not have
given birth to so large and fully developed a
child,witb the placenta and membranes attach
ed, in any posture in which she could have
placed herself in the privy, without assistance ;
and that she could not, having given birth to
such a child, immediately carry it to the river
where it was found, add project it 6 or 8 feet
from the shore. Those were the reasons that
induced me to believe that the information
was not correct. I bad other reasons ; because
there was circumstantial evidence before the
inquest that induced me to believe that the
child was killed by another party, who. was or
dered to be arrested, but fled. I believed that
the confession was not totally untrue that it
was partially correct that it was made to
screen other persons. I deem it proper to say
that, having been for a day and a night with
out food, and being in the condition she was,
mentally and physically, that she was hardly
competent to do anything, or know what
she did. .., . !
Joshua S. Johnson, sw. I arrested Mrs.
Brenneman. . : I am constable of this Borongh.
Sheriff Miller was in company with me when
she was arrested. We . went into the room
where she was and spoke to her. The Sheiiff
said to ber that he supposed she knew what
we came after. She said she did, that she
was here and that she was guilty. - Her sister
then came into the room and said, Sarah, we
didn't know anything about this, did we i Mrs.
Brenneman then said, No no one knew any
thing about it but myself. She tbon got rea
dy and went with us to Mr. Swooye's office. -X.
No one went into the room but Mr.
Miller and myself the room was pp stairs.
She was in bed. I think she was not dressed.
Stoughton was down stairs-r-her sisters were
in a room adjoining the one she was in. En
tered the house about half an hour after she
came in, and arrested her. Was about 3 or 4
o'clock on Sunday morning. Was watching
for her return from about dark. Was on the
the opposite side of the street. . Robert Mitch
ell, jr., was tbo only ono that I know of, who
was assisting to watch. She had been gone
from some time on Friday evening. Four
others had gone out of town to look for her.
They were, Joseph Bnrcbfield, Henry Evans,
Blake Walters and John Huidekoper. When
arrested, she was crying, nervous and excited
very much agitated. She was weeping
when she went to Mr. Swoope's office. She
signed the paper with a steady band.
F. G. Miller, aff.'d Was present at the ar
rest of Mrs. Brenneman. Swoope called me
in the morning, before. day awhile. - I then
went to the house met Constable Johnston
and Mr. Thorn. I rapped at the door and Mi.
Stoughton opened it. ;I inquired of bim
whether Mrs.Brenneman was in the bouse. He
said she was up stairs. He said she was there
and intended giving herself up. Went up
stairs with Johnson into the room where the
mother and sisters were passed throngb that
to get to the room where she was. They were
much excited about the matter. When I went
into her room, I told her I supposed she knew
what we were after. . She said she did that
she was gnilty but didn't say what she was
guilty of. I asked her whether she would go
along then, or wait till morning that she
could have ber choice. She said she would
go immediately if she waited till daylight
there would be such a large crowd, as she
would not like to see. Took her before
Swoope, where she confessed, u I left the of
fice then. No admissions made to me since
never asked ber any questions about the mat
ter. ". . ; ' " :''-
X.i think Stoughton said that the family
had said it would be better for her to give her
self up. The mother and sisters said they
were innocent. Stoughton is married to one
of the sisters and lives in the house. The
mother, Stoughton and his wife; and an un
married sister, constitute the family. , She as
well as the wbolo family were much excited.
It was said Mrs. B. had been out the two nights
previous nights cold. It wasn't quite day
light when I put her in jail.
Dr. M. Woods,3w. I was called on to assist
at the post mortem examination of the child
found in the River in March ; saw it in the
River ; it was removed to the town Hall. Its
general appearance was natural and well devel
oped. The lungs, with the heart, were re
moved by " dissection. " They were placed in
water and floated. , This is said to be, by med
ical jurist, a sign or test that the child had
breathed. This test is called the hydrostatic
test, and of itself is not conclusive evidence,
but takiDg into consideration other circum
stances pertaining to the condition of the
child, is positive evidence of the child having
breathed. We may bav this positive evi
dence of the child having breathed, and yet
it is not evidence of the child having been
born alive. There were no generated gases In
the lungs,which had a healthy appearance.and
filled the cavity of the chest. My opinion is
that the child breathed ; bnt that it was born
alive, I cannot say.
X. The probability is that the breathing
had been tolerably perfect. There was noth
ing that indicated to a certainty the manner of
its death. . The test of drowing U water in the
stomach and mucus in the trachea. There
were marks on the right side ; other marks on
the same same side of the body. My impres
sion is that tbey were not the marks of finger
nails. The three marks on the neck were in
cluded in a space of about J of an inch, on an
eliptic line, and could scarcely have been
made by fingers. A woman may be in such a
state of mental excitement in delivery that
she may take the life of a child and be
uuconscious of what she has done.. Accidents,
resulting in the death of the child may occur
when properly attended mote frequent when
not properly attended. Cold might to one
cause ot death. Compression of the umbili
cal chord," causing death, produces congestion
in the blood vessels of the brain. It may be
strangulated by compression . of the chord it
self. 1 suppose the marks on this child were
produced by coming in contact with something
in the River they all being on the right side,
on which it lay. A child might bo suffocated
in the pool of tho natural di.-charges. There
are instances in which women, immediately
after labor, have walked' about and performed
work ; but usually women are so much debili-i
tated as" to confine them to bed.
Adjourned at 12 till 1 o'clock.
1 o'clock. Several witnesses were called to
show Mrs. B's condition before the finding of
the child. Mr. Johnson testified that Mrs. B.
told him, whilst she was in jail, that sho had
thrown the child into the river. She said the
child was born dead. .
Defence re-called Dr. Wilson. In my testi
mony on Saturday I said something about mu
cus being found in the lungs and trachea. I
spoke of it as being an inference of the child
being drowned. I do not wish to bo under
stood as saying that the circumstance, stand
ing by itself, should be considered as conclu
sive that the child bad been drowned.
John Guelich, sw. Was at the inquest ; saw
the marks on the child. They were on the
side on which the child was lying in the river,
and thought they were produced by coming
into contact with something.
Testimony closed. '
The Court, in charging the Jury, said the
prisoner was charged with three distinct
counts in the indictment 1st, with strangling
the child ; 2d, drowning it in the River; and
3d, with concealing' its death. Conviction
under the two first counts must bo for murder
in the first.degree the child being incapable
of resistance, or of giving any provocation,
there could be no circumstances surrounding
the case which could reduce the grade of tho
crime to a lower degree. To convict her on
either count, the Commonwealth mnst prove
that the child was hers that if born it would
have been illegitimate that it was fully born
alive that it came to its death by violence,
and that she was the asent of that violence.
Tho Jury must be satisfied beyond a reasona
ble doubt that this was the cause the facts
must be established to a reasonable certainty.'
His Honor then referred to the fact of the
finding of the child the public excitement
the flight of the prisoner to tho woods her
return, her excited state of mind, the manner
of her arrest, and her admissions. She said
she was quilty. Guilty of what 1 Was it
that she was guilty of concealing the death of
the child'?- Is it probable if she had known
she was charged wi;h murder, that she would
have confessed When taken before the
comrqittiiig magistrateshe confessed what?
That she destroyed the child and threw it in
to the River. How did she destroy it ? When
confessions arj relied upon which are capable
of two constructions, the confession must not
be strained, . butthat most . favorable to
the . prisoner must . bo adopted in capital
crimes, unless the facts proven warrant the
other construction ; and when assertions ex
culpating are made at the same time, they
should have their weight. If the Common
wealth takes ber declaration one way, she
must tako them the other. She s lid she
threw the child . into the River, but i! was born
dead ! Did she mean more by her confession
than that she destroyed it accidentally in giv
ing it birth ? The commonwealth must make
out a clear case and that the child was inten
tionally, an ! not accidental.'y destroyed. The
Court then referred to the third count in the
indictment. The Act of 1784, made it a pe
nal oflence to conceal the death of a bastard
child. It is not absolutely necessary that it
should be born alive if it is still-born and the
fact concealed, the party is guilty. Was this
child thrown into the River to conceal its
death? Was this the object of throwing it
there ? And did she put it there, or procuro
it to be done, with that object in view 1 If so
she is guilty on the 3d count. After calling
attention to this point, Ihe Court gave direc
tions about the manner in which to render
their verdict, and submitted the case to them
at 6 o'clock. After remaining out about
three-quarters of an hour, the jury returned to
the Court room, and rendered a general ver
dict of '-'Not Guiltv." ,
Com. vs. Joseph L. Owens. Fornication and
Bastardy. Usual sentence. . R. J. Wallace
for Com. . .
Com. vs. E. H. Balfer, Robt. M. Reed and Wm.
Reed. Charged with robbing a colored man
named Jones, on the highway near Lumber
City in March last. . The prosecutor not ap
pearing, the prisoners were discharged.
Com. vs. John Afongomery.--Iodictment for
burglary and larceny robbing store of Ged
des, Marsh & Co., in Bell township, on the
27th March, 1860. Court assign, L. J. Crans,
Esq., as counsel for Defendant, who is a lad
of about 16 years of age. The District At
torney having entered a nolle prosequi to the
count of burglary, because the store room was
not counected with a dwelling house or in such
a building as burglary could be committed in,
the Defendant pleads guilty, to ..larceny, and
the Court sentenced him to pay a fine of $i
and cOsts of prosecution, restore the goodg
and undergo an imprisonment of sixmonthii
the county jail.
Com.vs: Wmi Self ridge. Assault upen
officer, John King, Constable of Burn&id tp
Fined S10 and costs. R. J. Wallace for Coq
T. J. M'Cullough for Defendant.
Com. vs. Wm. Ten Eyck. Forcible entry
and Detainer. .Verdict not guilty, a. M.
Montelins and Defendant each to pay one-half
of the costs. R. J. and W. A, Wallace for
Com. 5 M'Enally and Swoope for Dert.
Com. vs. Parley Mahno, et al Larceny of
timber. Austin Cline, Prosecutor. After ey
idence closed for the Commonwealth, District
Attorney abandoned .the prosecution. R. j
Wallace and H.' B. Swoope for Com.; W. A
Wallace for Deft. '" -
Com. rs. Joseph Fiscus. Malicious mischief
in cutting loose a raft of Austin Cline. proso
cutor. Verdict, not guilty, but that Defend
ant and prosecutor each pay one-half of tho
costs. R. J. Wallace and II. B. Swoope for
Com.; W. A. Wallace for Defendant.
Com. vs. Joseph L. Curby. Selling llqnor to
minors. Jury being unable to agree, were
discharged by the Court. R. J. Wallace anf
Swoope for Com.; W. A. Wallace for Dert.
Com'lh. rs. Branson Davis. Same offence.
Verdict, guilty. . R. J. Wallace and Swoops
for Com. ; W. A. Wallace for Deft.
Com. rs. John McKaughton. Surety of tho
Peace. Court ordered him to give bail iff
$300 for good behavior and pay costs of pros
ecution. R.J.Wallace for Commonwealth ;
W. A. Wallace for defendant. ....
Advertisements set up with large type or out of usual
stylf will bf charged dotMt price for sjraee occupied
in r l a v u.
MOSSOP 13 now selling a evpetb articln of Flour
at Seven Dollars and Fifty cent per bttrref.
POCKET BOOK LOST. A large feather
pocket book, containing inscriptions for Tomb
Stones was lost on the 14th, near Lumber-City
The finder by sending it to either this office or
the subscriber-at Bellefonte will be suitably re
compensed. .Iunc27 WM. UAHA(iA'.
Drug and Variety Store.
Eastern cities, and opened at their NEW
west of Third, the most extensive assortment of
Drugs, Varnishes, Perfumery, Toilet articles.
Medicines, Dye Stuffs, Cutlery, Miscellaneous
Paints. Tobaoco, Stationary, and Fancy
Oils, Segars, Blank books Articles, Ac.
ever offered to the public in mis secnon 01 country.
- Their Drugs and Chemicals, of which they have
an extensive assortment, have been selected with
especial reference to their quality and freshness.
Extra Logwood, chipped k ground : Indigo. MaJ-
der.Annatto, Cochineal. Sol. tin. Red Sanders Const
coach-black for leather,Japan for dying. Map. Mas
tic, UueDamar, bite bpmt . flowing arnisb.
. Cavendish, best; Natural Leaf, Rough a Ready,
Lady twist. Fine cuts of all kinds, and pride of the
llarcin, tobacco; Rappe A Scotch snuff ; EI p barton,
ilenryClay, Punch, La china, 1 inonc. Ao.. Segars.
Ledgers, Day-books, Receipt and Note Books,
Diaries, Ladies and Office Portfolios, Blank parch
ment and paper deeds, Bond:?, Mortgages, and all
legal blanks; Foolscap, letter, note, business and
drawing paper, envelopes, ready reference files;
Anuear s A Arnold's writing fluid ; Ink, black, blue
k carmine. etcel pens a pen holders, paperclips, mu
cilage, and all other articles in the stationary line.
Their stock of Oils and Paints will tonsist of Lin
seed Qil. Coal Oil, Tanner's Oil, Turpentine, Kei
and White lead, dry and ground in oil ; Spanish
brown, Venitian red, Yellow and Stone ochre, Lamp
black, Blaoklead, Ivory, black, Chinese and Amer
ican Vermillion, Paris Green ; Ultramarine and
Prussian Blue, dry and ground in oil; Chrome yel
low and green, Carmine. Chalk of all kinds, Cobalt;
Drop, lakcftnd black ; Emery, Glue ; Gums, Copal,
Damar and Shellac; Indian red, Litharge, Orange
mineral, Pumice and Rotten stone; Roe pink. A
merican and English; Rosin, Scarlet, or Persian
red.) Terre de Sienna. Turkey Umber, Verdigris,
Blue and White Vitriol, Whiting, Zinc, copperas.
Borax, Putty and Putty knives, Glass of all sixes
and qualities, Looking-glass plates, etc., etc , etc.
Hairbrushes, American, French a English, with
Ivory, Shell, Pearl, Buffalo, Satin-wood, Kose-wood
and ornamental backs, all qualities; Cloth brush
es, flat brushes : Teeth brushes, various qualities ;
Shaving brushes, American, English and French,
with Russia bristles a Badger's hair ; Flesh brash
es; Comb brushes A cleaners; Tortoise shell Tuck
combs, Tortoise Bhcll, Plain and Fancy and India
rubber Long combs; Shell, Buffalo, Horn and In
dia rubber puff-side combs; India rubber Dress
ing combs, 4 to 8 inches, all styles; English toilet
combs with handles; Bonnet combs; Ivory and
Gutta Percha fine tooth combs ;' Pocket combs, all
styles ; American, French and German Cologn?
k Lavender waters ; Lubin's, Taylor's, Wright',
Mangenet k Conway's extracts for the handker
chief, and a great variety of styles ; Burnett's Co
caine, Barry's Tricopherous, Lyon's Cathairon,
Eau. Lustral, Bears, Alacoassar, Antigua, Rose and
Coral Oil ; Beef marrow. Pomades and Philoeoom.
American and French, all styles and prices ; cold
cream, Toilet powder, Rouge balls, Lilly White,
Puff boxes, china and paper ; Smelling salts, Balm
of a thousand flowers, tooth paste, charcoal ; Shar
ing compound of all sizes ; Military soap, Honey
soap. Chrystaline k Floating soaps. Ottoman, Yan
kee, Gallagher, Transparent and Castile soaps, it
Gents' steel frame moroeco and cuff portmonie.
Ladies7 silk; lined Papier-mache, inlaid Tortoise
shell. Velvet and Morocco portmonies ; Ladiw'
crotchet purses, embroidered wsth steel beads: La
dies cabas and morocco satchels, shell, pearl. iv
ry ; velvet and papier-mache, ivory a pearl mem
randuni tablets ; fine English morocco pocket af
lets; moroeco and calf pooKet-books, with strap
and clasps , bill books a Banker's cases, with look
and key ; eollapsion drinking eups : medioal glal
ses, with and without drops; fishing tackle; Cusp
man k Emerson's raior strops; cigar cases ; cromt
brushes; shoe brushes, with and without handle! .
horn brushes, all qualities ; print varnish brush
es, tin and copper bound ; sash tools; counter and
marking brushes; white-wash a scrubbing bruis
es ; fancy-colored dusting brushes, i-e. Rich pearl
inlaid papier-mache tojlet eases, work boxes and
writing desks ; Rosewood and Mahogony writing
desks; Chessmen and chessboards; Geuta' K
f loves, neck-ties, collars, cravats and canes; L
ies' Kid, Taffeta silk and Kid finished gauntlet,
and Lysle thread gauntlets; Black and Silk web
suspenders, french striped gum suspenders, rich
embroidered suspendero, Guiota new style French
suspenders, Gents' linen handkerchiefs, colored
border and cambric handkerchiefs. Ladies' Line"
handkerchiefs in great variety ; Sun-shade
circular French fans, canton feather fans of gr
variety ; fine canton palm fans with ivory piDt'
ed handles; black and mourning fans; Heir pi"1
English k French, d-o. Also, Patent Medicines ot
every variety. All of which will bo sold stUi
lowest CASH prices. Country Physician f"rB
ished with Drugs, Medicines and Surgical instru
ments, at the most reasonable rates for Cash.
Physician's prescriptions carefully componJv1
Clearfield, i'a June 20th, I860.
FIT HE FARM in Jordan towship noccupied, r
X John Kilion, being 50 acres, 35 of which T
cleared and under good fence, and having anoui
and barn thereon erected, for sale. Apply t6
Ji;nel5,1859. L. J. CHANS, Clearfield