L 2S was j saw him bitting up; he 6aid, "I am dying; don't let my wife know, it;" 1 then sent for doctor ; in a few minutes, Dr. Lowman came ; Holmes was then ly ing down; the doctor said it was all up with him; the citizens camo after me to get me to arrest Gore ; sent for my revol Ter, and called on a number of men to assist me ; started, and learned that Gore t?as in Alwino's; while crossing the new road leading to the Island, saw Gore and another man -come out. of the lot back of the Arcade building; ran towards them; the man with him was nearest me ; snap ped my revolver at the hindmost one, but it didn't go ff; prisoner turned around and told me to go to h-1 ; I then fired one shot at him; they started to run, and I fired at the one next me; we ran them to the head of the basin, where they made a stand ; did not fire on them for fear of hitting some women behind them ; they then started up a street or alley in Cone maugh boro, towards the hill, aud we lost sight of them; after hunting some time, learned they were in Hudson's house; went there, and Mrs. Hudson said they were not in the house and had not been there ; asked permission to search the house; just then, cast my eye around and caw Goro lying under some shrubbery in front yard; told him if he didn't surren der I'd shoot him ; he said, "Come and take me;" said I, 'Throw down jour re volver;" he said he had none; ho then got up and came and met me; took him by the arm to the gate, and gave him in charge to some other man. Cross examined : Have the oath of of fice of the policemen in my possession ; it is not customary to file them in Burgess' office; Oster and Holmes lived in Cone maugh boro. ; Holmes worked with me; Oster had been a non-resident of county for some time; don't know how long he had been back when I appointed him on police; never saw warrant after I gave it to Holmes ; he made no special oath when he made complaint against Itobinson ; in' the pursuit of Gore, there was a good deal of shooting; the citizens were ex cited ; searched for Gore's pistol, but couldn't find it; he turned and offered to shoot on the railroad, near the head of basin. Edward Bedell called and sworn : Live in Wilmore, this couniy; was in Johns town on the day of the shooting, iu front ot Fend's; saw several persons there, but recognized only prisoner; he came up out of cellar; had pistol in lus hand; prisoner said something about shootiug Homebody ; said he would shoot somebody, calling him a son-of-a-b h. "William Dysart, called : Was on the street in front of Feud's saloon the day of the murder; met Captain Bedell, and while talking with him and Orr, Osteraud Holmes came along; the latter said some thing about some one denying something; Orr said "go down and take him;" Holmes went down, and there was a good deal of confusion in the cellar, when I heard a pistol shot; then Holmes came .running up the steps past me; he ran into Fend's back yard; soon after prison er and another man came up; prisoner turned toward Orr, and said, ;t old Orr, if you attempt to arrest me, I'll shoot you, you d d son-of-a-b h;" then he started to go, but turned around and held a pistol towards Orr ; afterwards started off; in about fifteen minutes Orr started after them; I followed crowd up to where they caught him ; saw him afterwards at lock-up; seme person told him that Holmes was dead; he said "it served him right that the people had been abusing him ever 6ince he came from the army, and if they knew what was between him and Holmes they would say he had done right.". ..Cross-examined: Know where Hud son's lot is; think it is about two squares from Shoemaker's; didn't say anything about lynching him at Mansion House corner ; heard others say something to that effect; don't know who told prisoner Holmes was dead. William Palmer called and sworn :. Saw Gore the day Holmes was shot, before the ' shooting; he and Robinson came into my house; both had sticks; Gore said he wanted to settle about that trunk ; he said 'sit down ;" told him I couldn't, and that we couldn't settle it; turned aroend toward the man who was with him and asked him. who he was; he said, "I am Gore's friend, and I came hero to see him through;" told them tbey had bettor go away; they went away, going to Bantley's hardware store ; shortly after the police men went down Clinton street ; in a short time they came around the corner, and I saw prisoner and another person, who seemed to be hurrying him along;. when they came opposite to me, Gore asked this person, "Didn't I hit him ?" didn't hear reply; the other urged Gore'along; prisoner hallooed at me, "where is the ponce now : by u u all the police in had- made information agaiust. Gore for larceny before Ksq. M'Kee the day be fore; that was what he wanted to settle about. Cross-examined: Gore seemed to be under influence of liquor; after the shooti ing,, he fell, down, while attempting . to kick something, but he walked well euough when, opposite to mo; twu days before that he had bceu drinking. r John IC Ashcom called and sworn : On the day Holmes was shot, saw prisoner on the Island at John Sivert's; was talking to another persou ; prisoner a&ked'us to take a drink ; he was drunk then ; he said he had shot Bd, Holmes; I. said "oh, no;" he said "yes," acd held up his revolver and. said, "This, is ihe barrel I shot him with ;" he then said, "I'Jl shoot any other son-of-a-b h that goes to.arrest me '.", then he took Ilauffuiau around the neck and walked over to Alwine'a ; the couldn't hive been there more than a minute till the crowd came up Clinton 6t. towards the Island; somebody said, "John, town can t arrest me 1 11 attend to you, you d d old you ;" 5 then walked towards Fend's aud heard of the shooting; they're after you ;" the crowd then came up the new road and fired about a dozen shots ; couldn't see what at. Cross-examined : Gore didn't state what Holmes had done to him. Court adjourned till 2 o'clock, p. m. Afternoon. Court met. Joseph Alwine called and sworn : Had conversation with 'Gore; he came tome by my house, and said he had shot Edward Hulmes ; I said, "I- hops not;" he said,, "yes, I did ;" Isaid "you didn't kill him;" he said "I think I shot him in the leg I was going to Ehoot him in the breast, but I only shot him in the leg." Cross-examined : He was somewhat drunk ; knew prisoner from a boy ; don't know if it takes much to make him drunk; the night before this happened, Gore and party came to my bouse and laid on the benches, chairs and on the floor, all night. Da7id Lucas called and sworn : Called at the jail with Jim Williams the time of the Republican County Convention, in the summer; Mrs. Myers let us go up stairs ; Gore asked, "How is Holmes ?" I said, "Holmes is going to die, I think ;" told Gore I had been to see him before leaviug Johnstown ; prisoner appeared to be very sorry, and then said, "It will only be murder in the second degree it will only be five or eleven years in the peni tentiary." ' Cross-examined : Knew both prisoner and Holmes ; they were intimate friends. Dr. Lowman called : Am a practising physician in Johnstown ; on the 30th of August, about 12 o'clock, m., was called from dinner to go to Fend's, to see a man who was shot; went to Fend's back yard, and saw a man lying in the wait, his head resting on some person's knee; knew the man by sight, but didu't know his name; afterwards was told it was Bd. Holmes ; he appeared to be in the agonies of death; he was pulseless, with a cold perspiration breaking out over him; remarked he was exceedingly pale, like the pallor which nervous shocks or hemorrhages produce ; saw a penetrating wound in the epigas tric region ; was satisfied the man was dy ing, and from the region of the wound, my .diagnosis was that the ball had penetrated the stomach; 1 said to the bystanders thac he was dying, ordered him some stimu lants, aud Jeit; returned iu about ten or fifteen minutes, and he had rallied and recovered from the nervous shock ; had some pulse at the wrist, and color in the skia ; then directed the bystanders to re move him to his home; to keep him quiet iu a recumbent posture ; gave him a small portion of brandy and water ; 1 came back f from Conemaugh in about two hours, and called to see him, at about two o clock; he was vomiting when I went into the room ; he expectorated blood from his stomachj two small clots ; the bystanders told me it was the'second time he had vomited and thrown up blood ; after he turned over on the settee on his back, his pulse increased and had more volume; he had the appearance of a stout, healthy man, with well developed muscle, a good deal of flesh, and short stature; directed him to take small quantities of fluid into his stomach, a couple of spoonsful of ice water at a time ; my diagnosis was that the ball penetrated the stomach, and my object wa3 to prevent fluid passing out of stomach at the opening, and to keep stom ach empty and quiet; attended him on 4 from that date till the night of the 22d September, which was tho last time I saw him alive ; the third day after receiving the wound he took a chill, and had some slight fever afterward ; saw him just as he was going out of the chill ; he seemed to be a good deal depressed again ; com plained of no particular pain ; he had chills every day, aud through the evening sometimes ; asked him if he had ever had fever and aguejhe paid he had, abouc a year before that ; I then thought that ei ther the spleen had been injured and pus was forming some place, or that he had fever and ague ; couldn't tell which ; he was in a weak condition ; put him on a tonic treatment ; our specific in a fever is a tonic treatment previous to that, gave him very light, digestive food for nourish ment; some days he would rally and have an appetite, but he couldn't relish his food ou till about the fifteenth day; he commenced to sink rapidly abouc the fif teenth day; meantimo I had been keep ing his bowels open ; diarrhea sat in about that time, aud he passed a good deal of dark, disorganized blood ; continued to stimulato him by giving him tonics, and tried to control the coudition of his bow els ; the night of the 22d September, ho died; don't know what hour; inside of nine and a half hours after he died, from the report to me of the hour of his death, I made an examination of the body, or autopsy; the cxterual wound at that time was healed up; the ball had entered an inch to the left of the center line, in the epigastric "region, about opposite the sev enth rib; think the ball would strike the seventh rib, . left side ; opened the body; found cicatrix of , the wound on inside, healed up, closed ; examined the abdomi nal cavity and obtained a large quantity of coagulated blood, in a disorganized and putrid condition; the larger portion of the clots were at the lower part of the abdo men, near the pelvis; all the cells, &c, were filled up ; then examined the liver; found the projectile had passed through the left lobe of liver, and that a large ab scess 'had formed in liver where the ball had penetrated ; the' abscess contained perhaps ten or twelve ounces of pus, fluid ounces about three-fourths of a pint; ex-, amined stomach, and found the omentum flowed over, in a gangrenous condition; the omentum is a kind of web or mem brane covering the bowels, attached to the stomach and lying on the anterior surface of the intestines; the stomach had not been, penetrated, ..but I believe the ball touched it near tho curvature of thestoiov ah : examined the spleen,' and found the ball had entered the edge of it; the spleen lies under the curvature of the stomach ; the ball 'had decended a little, went ob liquely, or it would not have struck in that region; made some examination of the intestine canal, and found-some in flammation ; made so further examination of body ; did not find the projectile ; did not think myself safe in nan d ling 'body longer ; the spleen had been inflamed very much, and was very much softened ; visit ed Holmes everv dav once or twice .with the exception of one day, when I did not see him ; believe that death was the result of the wound received. Cross-examination : .(We do not pre tend to give the cross-examination in full, as it would fill columns ; suffice it that the Doctor, could not be made to contradict himself by all the ingenuity of the learned gentleman who questioned him.) It was a remarkablo case to nre ; I sometimes thought he would recover; but it was al most " hoping against hope ;" I was fear ful of pus forming all the time ; I put him upon quinine ; I found no evidence of venereal disease. Not a doubt of the ball passing through the liver; I believe the abscess was caused by the wound, though abcesses may be formed from other causes; a wound of the liver is a very fatal wound, more so than one through the lungs I can't recollect a case in which a wound through the liver failed to produce death ; there was no evidence of any other dis ease to produce death; he might have' died from a hundred other causes if these causes existed ; though the ball touched the stomach, it did not penetrate it; I sup-; pose stomach was contracted,us it was near dinner time, and likely contained nothing but water and gas ; I allowed him to set up but not to go about the room ; don't know that a day or two before he died he wa walking round through the room. Doctor Sheridan, called : (Wo give a synopsis of this testimony, as it merely corroborated the last.) I was present when Doctor Lowman made the examina tion of the body, but paid little attention to it ; only the prominent points I noticed, and can agree with Dr. Lowman. In my judgment the death resulted from the wound. - I Cross-examination : I was satisfied from what I saw that there were causes enough to produce death ; I should Lave Leen at a loss-to know how the liver could have been perforated had I not knowu.of the shooting. (Much other matter we omit as merely corroborative of Dr. Lownian. I have been practising about 1G years ; Dr. Lowman, I think about 20 years or longer: William Orr, recalled : Don't know what business Oster was in when I ap pointed him ; he was pworn in a few davs before Holmes ; see him standing against the bar (pointing him out.) Commonwealth rests at 5 o'clock. Court adjourned till 7 o'clock. Night Court met p?r adjournment, and defense opened.' TESTIMONY FOB. PRISONER. George Lucas, called: Was acquaiutejl with prisoner and deceased; they had as sociated together up to the time of thp difficulty ; didn't see prisoner the day of the shooting, nor day before ; can't say whether he was drinking previous to day fif murder. Amos B. Davis called : Am constable of Conemaugh boro. ; Holmes and Oster lived in Conemaugh boro. ; Zepheniah Carney, called : Was at Shoemaker's the day before tho murder; Holmes came there and told Gore he wanted him ; Gore said, " Have you got a warrant?" Holmes turned to Oster and askod him if he had the Warraut; Oster said he had none; they then left; this was in the afternoon ; Shoemaker keeps a hotel; think Holmes laid his hand on prisoner's shoulder; Holmes got a "black jack" or "billy " from me two or three nights before that; he had it at this time in his possession ; was well acquainted with both men ; they always seemed friendly; often saw them drinking to gether ; know that Gore and party were on a spree a couple of nights before- the shooting ; they were pretty noisy ; never saw Gore falling from eiFects of liquor. Cross-examined : Am a good deal about Shoemaker's ; didn't see Sheriff Linton come there ; couldn't tell tho exact time Holmes came there to arrest Goro; Gore went up to the grove the afternoon Holmes and Oster were there ; think it was after Gore came back they attempted to arrest him ; didn't see him afterwards that night at Shoemaker's; think it was before i o'clock when Holmes and . Oster were there. ; . : Miss Maggie Shoemaker, called : Djn't know anythiug about the transaction ..be tween Holmes and Gore at my father's house. ' - John Lander, called : Am acquainted with tho prisouer; remember the day and occasion of the accident to Mr. Holmes ; saw the prisoner morning of the day be fore the shooting; he was pretty well in toxicated ; don't think Gore can stand much liquor; it effects his mind and makes him boisterous and foolish. W. K. Piper, called : Am acquainted with Gore since he was a boy; was in Johnstown the day of the shooting, and saw Gore afterwards at the "lock-up," standing at the door; he called me up io him.; he looked haggard and-I Would scarcely have known him any place else, he was so altered in appearance'; he caught me by the collar, and ' appeared to be raving ; he talked a good deal -very brokeu ; didn't follow up any theme of conversation at all j seemed to De impress ed with the idea he had been very much wronged ; from his conduct. and conversa tion I thought he had either been drink ing or wasn't in his proper mind. j ; Cross-examined: I couldn't tell if it is natural for any : man after he has shot another man to look haggard. ' . i Dr. Andrew Yeagley, called : Am ac quainted with the prisoner since he was quite a boy; saw him the day of the shoot ing, before the occurrence ; he appeared to bo under the-influence of liquor then ; I think about 9 o'clock in the morning; I had seen him before that under the in fluence of liquor, and think it affects his head more than his legs ; he seemed pretty wild that morning. Cross-examined : About 9 of 10 o'clock this was. Emery West, called : Saw John Gore day of the shooting, after it occurred ; do business on Clinton street, second door from Main street; first saw prisoner coming off the pavement near Fend's ; he had a pistol in right hand, and was look ing back ; before he came on to the pave ment by Plitt's store, he put the pistol in his pants pocket ; he was shouting, hal looing and very noisy ; he passed by me and walked up to the side of the store door, kicked at some clothing and fell down on the pavement; the clothing hung with legs of pants about. 3 feet from pave ment, and the coat about 2 feet from the pavement; there was nothing on the pavement to trip him. Cross-examined : In answer to a ques tion, witness said that a sober man kick ing hard at a coat would fall ; shouldn't think prisoner was sober, but don't think he was very drunk; those with him were in same condition ; one of them took hold of him and helped him up; might have been more drunk with rage than liquor. Dr. Hartwell called and sworn : Am a physician and surgeon ; began the prac tice of medicine in 1842; have been at it ever since ; have been eight years in the ministry since that; a year ago last win ter, spent three months in Philadelphia, mostly in dissecting, and acquiring a more modern surgical knowledge ; by the aid of a microscope only can we determine deposits in abdominal region to be blood ; it cannot be done by the naked eye ; there are some forms of disease that so weaken the vessels that cxtravasated blood may be thrown out; we have that condition in fever and scurvy, often causing bleeding at the gum?, intestines, &c. ; if I found a cicatrix anywhere, should expect that ex ternal violenoeVtiad been used; in those cases which I have seen from hospitals, &c, while making post mortem examina tions, havo found frequent cicatrixes, up on the lungs especially an apparent re covery from some injury formerly received; tuberculosis of the lunsrs, when healed. will produce cicatrixes ; we have abscesses in the liver; fi:id them frequently in hospital aud in private practice ; appar ently in some cases without external vio lence ; have never seen a case iu which there was a recovery, but heard of such a case; after the healing of that abscess, there would undoubtedly have been left :?ri the liver a cicatrix ; nearly all pathol ogists say that particles of pus may be taken up in the circulation of the blood, and deposited in the lungs, liver, &c. ; if I would find death caused by a ball in the abdomen, stomach or chest, would hardly go to the head to examine if there were no indications demanding examination of brain ; (the doctor here exhibited an anatooiical plate illustrating the relative position of liver, spleen, fce.;) if a ball were shot in a direct line, don't think it would pass through both the liver and the spleen; a ball, if shot diagonally, might euter the .body and pas3 through liver and spleen, but same ball wouldn't probably hit both; if the spleen was very large, it might possibly hit both ; stomach wounds are not necessarily fatal; if a patient would pass blood it would indicate that the stomach had been touched ; a penetrating wound of that character would not be likely to close up so as to form an abscess. Cross-examined : Commenced to prac tice medicine at Woodstock, iu New Hampshire; preached and practiced medi cine at the same time ; worked at mechan- ical business before study of medicine; I commenced the carried on carriage makioqr since Icommenced ; combined the three businesses of preaching, practising medicine and carriage-making ; wa3 Jus tice of the Peace for about fifteen years ; was all four, preacher, doctor, carriage maker and Justice of the Peace, at one and the same time; nearly all New Eng land physicians are Justices of the Peace. Question by Mr. Rhey "Are the' all carriage-makers ?" Answer All are not. Witness continued : Am a graduate of Castleton Medical College, Vermont, and of the American Medical College, Cin cinnati, Ohio. Question by Mr. Rhey "Did you carry on all four of your occupations in tho same shop?" " ' ; Answer -1 had separate shops. Witness continued : Came to Johns town a year ago last summer ; when I was at Philadelphia the three months, attend ed the Philadelphia College of Medicine and Surgery ; saw Holmes very soon after he was shot, at Fend's ; was there when Dr Lowman camo first ; saw him again at his'pwn house ; his wife and some men were in the' room ; this was the Sunday following the day upon which he . was shDt ; think I did not then say bis case was hopeless; am not sure. Question by Mr. Rhey "Did you not, on the Sunday you , refer to, . offer to bet your horse against five dollars, that 'he would not recover ?" "'. Objected to by 'prisoner's counsel and question not pressed. ; , Court adjourned at nine o'clock. THIRD DAY FRIDAY. ; . Court met at 9 o'clock, a. m. Dr. Andrew Yeagley, recalled : Am a practising physician in Johnstown ;. com menced practising in 1S54; would detect blood by aid of a microscope, if not a late deposit; a .chemical test would be . the better .plan ;,if I ;were called , upon to make a post-mortem examination of body of a person who. died from a gun shot wound two or three weeks after being inflicted,- would ;fecl bound to make an ex amination of the whole body, all the cavi ties, brain, thorax, abdomen, and spinal cord; cicatrixes may be .found without external injury ; have seen several instan ces of cicatrix on the liver; abscesses form on the liver without external vio- J lence ; it is supposed by best medical au thors that these abscesses are caused by taint or pus being taken into the circula tion and deposited there; fever and ague produce enlargement and congestion of the liver ; also congestion of the abdomi nal viscera ; blood might bo found in ab dominal cavity from a condition of the system when the blood has a disposition to leave its natural vessel? and come to surfaces and leak out ; in dysentery a per son may discharge blood from the bowels ; there are diseases where a person may vomit blood ; don't think it possible for a man shot directly in front, so that the ball would enter the body an inch to the left of the center line, for the ball to pene trate both the left lobe ot the liver and tho spleen, unless there was an abnormal condition of the parts ; think it would be hard for a ball to penetrate both left lobe of liver and spleen if shot diagonally if the organs were in a normal condition ; a man's liver could not be enlarged without affecting his health, though hisspleen might be; Holmes had been sick occa sionally since lant winter ; he came to me after be came home from Washington to get quinine ; said he had fever and ague, and from his appearance, I concluded he had ; this was about ten days or two weeks before the shooting; last winter he had an eruption upon him a speoies of skin disease a good deal diffused over the surface ; it was a species of erysipelas, but not of a malignant form ; treated him at one time for syphilis ; syphilis would disease the blood and injure the constitu tion. Cross-examined : Have made or helped to make about twenty-five or thirty post mortem examinations : vou could not tell deposits found in the abdomen to be blood by the naked eye, even if they were co agulated ; if I would find a man shot through the liver, I would want to trace the ball till I would discover it; if a ball penetrated liver and formed an abscess, it might or might not cause death; it I found a pistol ball had perforated liver, and an abscess had formed, the rest of the organs rcmaiuing sound, I would say that the ball was the cause of the ab scess, and that the abscess might cause death ; saw a case reported in the Cincin nati Medical Journal, in which a ball per forating liver and forming abscess did not cause death ; it would be tn extreme case for a man to recover if wounded in liver; it was from ten to fifteen days before he was shot that I gave Holmes medicine for fever and ague ; don't suppose this dis ease could have killed him in that length of time; it is not often that people die of; that disease alone. The balance of cross examination was not material. Jacob M. Swank, re-called : It was a conical ball I sold Goro when he bought the pistol. , RE BUTTING TESTIMONY. Adam Biershank, recalled : Gore might have been drinking some, but was pretty sober the morning of the shooting. Cross-examined : Ho drauk two small glasses of alo only. William Orr, re-called : When Gore came up out ot cellar, couldn't say he was drunk ; he might have been drink ing. William Dysart, re-called: The color of Gore's face would indicate that he had been drinking, but he didn't act like a drunk man. Henry Ream, called ; Was in Fend's cel.'ar the day Holmes was shot; Gore looked calm and collected, and spoke ra tional. Dr. Lowman, recalled: An attack of fever and ague of thirty or thirty-five days' duration would not caue an abscess in the liver to produce death. Question by the Court. Would any of the conditions which you judge to have been the cause of the death of Holmes have been brought on by fever and ague in that time? Answer. They would not. Witness continued: An attack of syph ilis one year before would uothave caused the abscess in Holmes; syphilis in its secoudary stage has not the appearance of erysipelas; when it is primary, it does not contaminate the blood, for it is a local disease. The evidence in the case closed at 10:40 o'clock. . POINTS SUBMITTED ON BEHALF OF TIIE PRISONER. The counsel for the prisoner submitted the following points, and requested the Court to instruct the jury First : If the Jury have any reasonable doubt that tbe death of Edward-Holmes was caused by the wound inflicted by the pistol in the hands of the prisoner, their verdict should be Not Guilty. Second : If the Jury have any reasonable doubt as to whether the firing of the pistol by John Gore was the result of a premedita ted design, or whether it was caused by the immediate act of Edward Holmes, the priso ner is entitlea to the benefit of ihat doubt, and can be convicted only of Manslaughter. Third : ;The deceased, Edward Holmes, not being an officer known to the law, no author ity being shown for his appointment, resist ing an arrest by him, especially as no war rant was produced by him, was no offence ; and a warrant issued by the Burgess of Johns town, without he usual information upon oath, was irregular and void ; in executing it, the said Holmes was a tresspasser ; and where resistance to a warrant so issued was made, resulting in death, the prisoner cannot be convicted of any higher offence than Man slaughter. ; . . ; Fourth : 'lf the Jury have a reasonable doubt as to the actual intention of the-priso-ner to take life when he fired the pistol, their verdict cannot be for a higher offense than Murder in. the second degree. - ,Fifth: ,If the Jury believe that John Gore, the prisoner, .was, by reason of intoxication, or from any other cause, ' incapable Ot form ing a premeditated design, pr if the' Jury have any reasonable doubt whether or not such was the case, then their verdict cannot be h'gher than Murder in the second degree. : SPEECHES OF THE COUNSEL. , i District Attorney Barnes addressed the jury ?on behalf - of: the Commonwealth. He began by reciting the definition of murder, which, on the authority of Black- stone, is "ine unlawiul killing ot anv sonable creature in being, with J aforethought, either express or impi He labored earnestly to convince the that tho evidence before them waa sufficient to convince the mind of j.; unprejudiced man that the prisoner. bre UT (At 'seen r lul d, jn ia a bar was guilty of the dreadful cri I :i : V- i j. -.i "aie-f LULruing uis nanus, wuu express aforethought, in the blood of a fellow n If they were fully convinced that the fact if they were convinced of h i yond a reasonable doubt it waj ti sworn duty to find the prisoner at tht guilty of murder in the first depee gardlcss of all after consetjuenccs- yL after carefullv digesting all the ev in me case, tnere still lingered u' minds a reasonable doubt as to his p- they should lean to the side of mercjv give the prisoner the benefit ot that doc He continued in a speech of one In duration. After which, Court adjourned. ' ar fer. Afternoon. Court met at 2J o'clock. Mr. Kopelin addressed the jury fort prisoner. He commenced bv an elooa: f0! iau and impressive reference to the frailtv weasne.ss or numanity oir habilitv accidents, ana tne uncertainty of our lii 'Tis sin, he said, which causes everv r id that racks the physical or moral man : b. which causes every sob of the wdo fon or kit noti lor, r ser " p. c 1 r 1 1e t r lor out prone we all are to err, he was a&:. that lie should stand nere to-day Tiles: in behalf of the unfortunate prisoner the bar ; and he was forced to cxdii "Lord, that mercy I to others ow, ; mercy show to me !" The gcmles. continued amid breathless silence oa : part of the listeners in the densely ctct cd Court-room to make a most eloa: appeal on behalf of the prisoner, asd ? : sea bv arnruinjr to the .Itirv thnt. ir r i i j 1 1 j-i - . - had a single doubt as to whether the d of Edward Holmes was caused by the:, let shot from the pistol in the hici the piisoner, their verdict should lei guilty. He spoke two and a hall L:i When Court adjourned. Night. Courc met at G.40 o'clock. Mr. Johnston rose to address the on behalf of prisoner. (Mr. lthey 1 called the attention cf the gcntlouja numerous authorities he propo?:! r: ring to in the cjurse of Lis arurutu the jury.) Mr. J. commenced Ly ah ing to the peculiarly solemn circua ces attending a trial of this kinl a t: f r-f Irk 4 t.te i ir. ". frii P fill h I ha lift 'n Sab V on the determination of which dcjcii the lite or death of a human Lcidj: ; life or death cf a young man in tie Li:. of life, with many bright hopes jr t future before him. e have nr.; follow the irentleman through c;'l::d eloquence of his opening, the tlv-.:::V ness of the argument which follosi. c the touching pathos of his p?ruratL.ns conclusion. lie devoted consi ljr.b'.?.' to arguing tho points submittal tJ ' Court on behalf of the prisma, -v:1 every suggestion which learning vr cx; rience could devhe, urged upon the j" the interests of Lis client, lie sr0'15 hours and twenty minute?. When Court adjourned. SATURDAY FOURTH DAV. Court met at nine o'clock, a. m. B John S. lthey, lv-"q., closed the case the Commonwealth. Ho spoke of i forin and solemnity with which the J: was empanneled, and the importicce the matter submitted for their c.ciir'l tion and deliberation. He saiditwust. most important duty of their lives top in judgment on this case, and that ift:. were compelled to convict, no djil: would be the most painful. Ila I :---: reviewed the arguments of the co-' upon tho other side, and the evidence the case. He handled with peculiar noss,thatpait cf his duties that coape;; nim to plead against the life of a lc" being, and while he referred ia term? severe and cutting irony to some of ; 1 . It, 4t : 1- testimony, he yet made no appeal to Up passions of the Jury, nor saiu augb: ;y endeavor to swerve them from the c::k . .. .i . .i r. :: r viction mat ine iacts iu eviuuutt. w--- t force them to make. His use of hnrx? and calm, unexcited manner ot deliver and method of argument, addeJ to tu. reputation he has so long en; U (Jill l Jf tlUVA ll-Jm i,1uUq. - remarks, after sr.eakinir for oue hour at twenty minutes, by asking the Jwy t. tp. give o the prisoner the uencui v..--.. might remain upon their minds. CHARGE TO TIIE JURY. v, i Honor Judge Taylor comuK-f. re to the Jury at 10.20, wat-;, His : f 11 in Tt was a most aoi profound effort, reflecting great sreu;.--the impartiality and legal knowle its author. We have been P1, copy for publication, and will Ja5 document entire before our readers woek. We merely append his H reply to points submitted by pris' counsel at the conclusion of the tesuuic:. First point Affirmed. Second point Refuse to answer tbe j- as requested. . c : in the' affirmative as put, but quan:j -in body of charge. xourm poiui v.--- Fifth point Answer tnis poiui ted. . THE JURY RETIRE. At the conclusion of his Honor sc the Jury, retired to their private rosa deliberation. They were absent W ' hour and fifteen . minutes, when W turned to Court with their verdici- , . t . THE VERDICT.' - At precisely one o'clock the Jary their seats In the box. Amidst the impressive silence, the Clerk pronoun the usual question "Gentlemen ' of the J ury, have , aereed upon your verdict ?" & . rW i Answer itcuuw- 9 In the issue joined between the c monwealth of Pennsylvania ana I pnan ; sin that has sent crime and -J dz in their unbridled courses thr the land : and when lie reflcctc- - ict h i j h r e n it it t. i t i I
Significant historical Pennsylvania newspapers