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
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