Raftsman's journal. (Clearfield, Pa.) 1854-1948, June 27, 1860, Image 2
mm mm TOM, 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. TRIAL OF MBS. SARAH BRENNEMAN. 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 "flood." 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." , : ; J QUARTER SESSIONS. .. .. 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. .... NEW ADVERTISEMENTS. Advertisements set up with large type or out of usual stylf will bf charged dotMt price for sjraee occupied GREAT REDUCTION 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'. J. OSCAB LORAINE. J a. HARTSWICK K.t. Drug and Variety Store. LORAINE & CO. HAVE Jl'ST RECEIVED FROM TI1K Eastern cities, and opened at their NEW STORE ROOM on MARKET STREET, two door, 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. , DKUUS AND CHEMICALS : - Their Drugs and Chemicals, of which they have an extensive assortment, have been selected with especial reference to their quality and freshness. DYE-STUFFS & VARNISHES : 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. TOBACCO AND SEGARS; . 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. B LANK-BOOKS & STATIONERY : 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. OILS AND PAINTS : 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. TOILET & FANCY AUTICLES, &C : 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 MISCELLANEOUS ARTICLES: 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