IPBIWBirTIOI BATEM s
Par year, in uirt M W W
Othiwtoe .7717. 1 00
No aabecr.pt ion will be discontinued until all
vmngM are paid. Poetmaatera neglecting to
notify a* when aabaeribara do not take oat thair
papers will be bald Uabla for the eabaoripticn.
tjaoacnocia from one poatoflloe to
anether ahoold gi»« aa U>« nana of the former
aa wall aa the praaant offlce.
All oommonieatiooa intended for pabttoatici. I
a thia paper moat ba aooompanled by the real
name of the writer, not for publication bat aa
a guarantee of good faith.
Marriage and death notices moat ba accompa
nied by a reeponaible name.
TBB IVTI.BR CITIIKI. VOT YTY
BUTLER. PA. V\JLi. AIA,
■ f a Wt B
& 3U s ? '-I Os S s u - s ""3 i .
>4 -3 x a#Jn O" ~£ it - y>
.2 = iv , = iS 3 ® c.S 2 = i- 50 <
f-V—' m .fe-s. to S S J
| _i s s!|2 lii* *j! lii a» I= 2 s £
fl ' d §?U $
j <r !PBi- c sH^s , oK^ tf 2w o C
* C3CS CO g|3is.f.|j-s sS f
£ < ;*? 3 Ix'l *S*|= I ► 4 -E a' *= Sis s| «
2 ' s i wg«° tc i l H J
V; . -■»■ £a = 2 3 Sri'"- Js 3.2 "7 >—3-3 -5
it I*" ?»:*;• s--" -s ".***-* •*- rs ~ I
I • 9 I'lJisfls s Jlailg-is £
U J it!i!iJs=s!JiJs4i!jJ?''J! I I
I'■ ■ i
JEWLLRY, fit., I
i l ' 1 '| sa
MY FRIENDS: %
| am a rambling wreck of nudity, B
If "#?, Esq., your service, advertisin;
for the best Jewelry bouse
action. I wish to inform the publ
bat a fall of WATCHES, CLOCKS •
EWELRY, PLATED AND SILVER
V A RE,is now being offered at astonishing- *
v low prices at the popular and reliable V i
ore of \v \ I . S
E. ORIEB, jA\ \ I B
Note What an old and Reliable House can do Regarding Prices:
Bound Nickel Clocki at SIOO i A Good Striking Clock, walnut ca*e 300 Nukcl Watch at ....... 3 00
with alarms 160 day 3 Watch, \
A Good Sinking Clock 200 I 2 Oz. Silver Case. with Amer'n movement 10 00,j c ,n e
Ladies Gold Watches at sl2 75
EST All kinds of Sewing Machine Needles at 35 cents per dozen, and No. 1 Sperm Oil at 10 cents per bottle.
The only place iu Butler where you can find u full and complete stock of KXH ES, FORKS, SPOONS, &c.
1847.—Rogers Bros.—A I.—none genuine unlesH stamped ("a847. —Rogers Bros—A 1.") I also carry a full line of
Eye Glasses and Spectacles, suitable for all eyes and mounted in the most elegant and substantial manner, and am of
fering very superior goods at the most reasonable rates. Repairing of Watches and blocks receives our very strict at
tention, and is done promptly and warranted. E. GRIEB, Main Street, Butler, Pa.
TKI4li I*l NT I'OK MPM'UL tUI'KT. COnilKXfllM l»lh KEBUUAR V, ISH2.
.■ JfcHw. Yri . PMmtjft Attorney. j ~ I'lairuifft. Defendant*. Defendant' * Aiuirwy. _
A. I>. Mlllsnbiasi Tliompsoii and McC., LZ Mitchell, ex'r, devisee, et al. A Porter Wilson etal. lirandon
C. P. 377 June 1877 Greer and J i) McJ Samuel Shatfner John B Din dinger et al. \IcC. t McQ. and White
" 17J Oct. " Met:.. Mitchell and Greer Stephen Brediu J C Redd et al. rhorapaon
" s'Jl: " " Ureer and JII McJ., sainael tihaffner John B Dindinger et al. ;McC., McQ. and White
E. D. 12h De<\ 187t> Flee<r<-r,Thnmpsou Jt Scott J C Wallace for use iWm M Abrams aud J Y Foster iMcC.
A. D. 4Scpt. 1«81 W A Forijuer John II Williams II F Hitchcock jScott.
" 30 Dec. " L Z Mitchell School District of Jackson Twrp. Robert Ash, adm'r, et al Scott.
C. P. -03* Oct. 1876 EG Miller Dudds Mill Oil Co. Gabriel Barnhart A T Black
" 57 Sept. 187 X Campbell & Bredin Alfred Pearce, ex'r, for use J W Kirker, adm'r, et al. IN' Black. McC., et al.
« 288 2 1879 Brandon 'Watertowu Fire In*. Co. IE R Stayton et al. Campbell & Donly.
ProthonotaryV&ffice, January 14, 1882. M. N. GREER, Prothonotary.
Webb'# Eclectric Medicine.
SarxwlUve and e#ectual remedy for all Ner
i Duf .hk-» m evenr stage of llfe-yottnK or old,
e«r fi-male. Hiicli m Tnijtotency. Prostration,
at Strength, 10->s of Vitality, Defective Memo
%n. Impaired Brain Power, and diseases from
whtch an unnatural waste of life springs, all of
which cannot fail to undermine the whole system.
Every organ is weakened, every power prostrated,
and many forms of disease are generated which,
tf not ciiecked, pave the way to an early death. It
reluvlnates age and relnvlgorates youth.
Each package contain* sufficient for two week*
.. treatment Write for pamphlet, which wlir be
Wat free, with full particular*.
yiMaii by all Druggists at So cents a package, or
Umlve packages for ft.oo. Will lie lent free by
mall on receipt of money, by addressing
WKBH'S ECLECTRIC MKDICINE CO..
▲ cure guaranteed. Buffalo, N. Y.
* Bold by D. IL Wuller. Butler, Pa. ]an3 :ly
FARM FOR SALE.
The Philip Daubcnspeek farm, situated In
Enlrvlew township, Butler county, Pa., COD*
. laming scvmiyUve acre*, more or ICM, or can
make it "tie hundred If wauted, eighty acre*
cleared, balance In good timber; all under good
fence; Ira ire house, frame barn, frame wsgon
•had and wash house. and other oat buildings;
p a good yoeng -rcbnrd and frnlt ot all kind, iarm
- well watered sntf In a good state of cultivation
and la underlaid with coal, liineatoue and other
mineral*. The new ralliond now surv<yred rant
• few rod* uorth of the tar>n. It U -Hosted lu
a good neighborhood, on the public road lead*
log from MUlerstown to Brady'* Bond, and two
miles froni Earn* City, and a township school
fcunse about twenty rod* Irom the farm.
Will IM* sold reasonable. For farther particu
lar*, Inquire, at the (arto. of
PHILIP DAUBENSPECE.
ALSO—A frnme dwvlling house with ten
ro<<m*, a large lot and stable situated in the bor*
ou«h of Butler, In the town c.illud Sprlugdule,
on ihe Freejiort raid The new depot i* located
within a lew rod* of thin property. Thl* Is
good propertv, well watered, and will he «old
reason sl>V *iij one »I'll nig to buy thl* prop,
erty will please inquire at the tiTizex timet,
or of Phiup Oaubeaapcckj near Earn* City, Pa.
To Whuni It May Concern.
Notice Is hereby given that an Application
' will be uiidc, pursuant to An Act, entitled "An
Act to provide lor the Incorporation and regu
lation of certain corporation*," approved April
211, A. IJ, 1874, lor u ••liarter oi incorporation
of a company to be kih:wii a* ih • Petroleum
* o** Company." for the purpose oi supplying
•utl Imuibng llglit and lit'al to the pulilie by
conveying, by menu* of pip-*, natural ta-» Irom
well* in the e..mule* i»l iJutler ai:d Vennugo.
ami lor the purpose of ilie iuaiiuls£t|{rt: and
supply ol giix, with ilie right to lay nnl in un
tain -vieh | ipe» as tiny lie necessary to convey
go* Irom tit* pun* ot supply t • the plat e ol de
mand or conaii "|4loii, i•(>'l (o luri.biii the same
for lighting oi u atiiig in the bor
ough ol bu'.ler, or ai ru> h oilw» place or place*
in the vicinit. ol siid j.:<* pipe line or line* In
the countic alureru d, as till; said corporation
m >y desire.
AUtiUCT SCHMUCK.
■untitle of William Kbrrl.
Letter* of adminUtrailou having been granted
to tbe uudeislgucd on the u»tate u' Wll'iam
Eocit, dee'd., rate of Saxonhurg, Bu'.ler CO..
Pa., all periiou* knowing theutaelve- indebted
to «nid estate are lnrel.y noil tied that Immediate
'■ payment 1- required, »ud Koine having claim*
agaJust ttu saine to pfescut them duly autUen
tttatcd lor sruhnnoriT;
PKEDERU K F.BKRT. )
CHRISTIAN BAAI4K. J Adm'rs
rti.aunnurg I'. <>, iiuiicr Co„ t'a.
fatW tin&if.
IVoilce In Partition.
In the Orphans' Court of Butler county, Pa.,
No. 6, Dec. Term, 1881.
Commonwealth of Penn'a, Butler county. $i :
WiiKßKAri, on the Bth day of December, A.
D. 1881, Margaret Lemmon, intermarried with
J. M. 11. Mellon ; Harriet, intermarried with
L. O. Frazier; Elizabeth, intermarried with
Joahua Kissick and Sarah E., and Nauey l^em
mon. daughters of John late of
township, Allegheny county, deceased, and
S rand-daughters of Thomaa Lemmon, late of
iutler township (formerly Connoqueneming),
butler county, Pennsylvania, deceased, pre
sented their petition to said Court, setting forth
inter-alia that the said Thomas Leinmon died
on or about the day of A. D.,
1831, intestate and seized in his demesne as of
fee, of and in a messuage and tract of land situ
ate in said township of Butler (formerlv Conn<-
queneasing), county of Butler, bounded latterly
on the east by Peter Gruver and John Uusel
ton; on the west by Ferdinand Keiber. Esq.,
and Dufford's heirs; on the south by William
Shorts, and on the north by John Iluseltonand
John Alshouses' heirs,and containing one hun
dred and twenty-five ( VlS> a) acres, and one hun
dred and twenty-nine (12P p) perches, more or
less, with the appurtenances ; that they are
children of the said John Lemmon, deceased,
to whom it belongs to have the equal one-sev
enth part ol said real estate in fee, as the heirs
and legal representatives of the said John Lem
mon, deceased, who was a son of the said
Thomas Lemmon, deceased, and that
to each of them the said petitioners it belongs
to have the equal one-ninth part of the undi
vided one-seventh part of said real estate in fee:
setting forth the i jes and residences of
the heirs and legal representatives of the said
Thomas Lemmon, deceased, so far as known:
that no partition of the said real estate had
been made, ahd praying the court to award an
inquest to make partition of the same to and
amongst the parties entitled thereto, according
to their respective rights, Ac., which said peti
tion was duly verified hy the affidavit oi the
said petitioners ; whereupon the Court, ou the
same day, made an order granting a rule to
show cause on the parties named and interested
therein, to l>e served personally on all parties
witbin the Co., and directed notice to be given
j to all others by publication according to rules
, of conrt, to appear at the nextterni of court,and
show cause if any they had, whv partition of
{ the premises should not lie awarded and made
I as prayed for in said petition—returnable to
nest term.
| Now, therefore, in pursuance of the said or
der ot court notice is nereby given to the heirs
and legal representatives of Hugh Lemmon,
deceased, the heirs and legal representatives of
Thomas Lemon, Jr., deceased, the heirs and le
gal representatives of David lemmon, deceased,
the heirs and legal representatives, if any, of
William and Itoliert Lemon, deceased, the
heirs and legal representatives of Jane Lem
mon, decea ed, intermarried with Wilson,
Rebecca Leinmon, intermarried with Hal
stead; Nancy Lemmon, intermarried with
tiinsnr, H'ld the heirs and legai representatives
of John Lemmnil, duwiaasd, ittijrs nnd legal rep
resentations of the said Thomas Lemmon, de
ceased, as named in said |>etitiori, and all others
interested therein of' the said proceedings in
partition; and to this end we command you and
tn>c|| of you that laying aside all business and
excuses whauoovur, yoi) and each of you If;
and apiiear in your proper persons before the
. Honorable, the Judges of our said * oiirt, at a
jt'ou't to lie held at Butler in said county of
Butler, Penn'a., on Monday the lith day of
March, A. I)., 18*2, then and there to show
cause if any you have why an Inquest to make
| partition or valuation of the real estate of the
! said Thomas Lam nou, def-upd, should not b«
• swarded aa prayed for iu said petition, and
> herein fall not.
; Witness the Honorable E. McJunkin. Presi
; dent Judge of our said Court at Butler, this 23d
i day of December. A. D.. 1881.
'■i^KAi.} iff. H HOFFMAN, Sheriff,
j 11. 11. UuUCHKR, Attorney for Petitioners.
gT fWr tb% Cmtt*
AT I GRIEffS.
Chicago & North-Western
HAIIi'W A. TK"
la the OLDEST I BEST CONBTBt'CTED ! BEST
EQUIPPED ! and hence the
LEADING RAILWAY
OF THE
WEST AND NORTHWEST.
It Is the *hort and beat route between Chicago
and all point* In
Northern Illinois, lowa, Dakota, Wyoming. Ne
braska, California, Oregon, Arizona. Utah, Colo
rado, Idaho, Montana. Nevada, and for
COUNCIL BLUFFS, OMAHA
DENVEU, LKADVILLK,
SALT LAKE, SAN FRANOISCO
DEADWOOD. SIOUX CITY,
Cedar Kapld.s, De<i Moines. Columbus and all
Points lu the Territories, and the West. Also,
for Milwaukee, Green Bay. Oshkosh. Sheboygan,
Marquette Fond dti I-ac, Watertown, Houghton,
Neenah, Meiiaaha, St. Paul, Minneapolis, Huron,
Volga, Fargo, Itennarek, Winona, Uu'ro.sse,
Owntonna, and all tx)inLs in Minnesota, Dakota,
Wisconsin and the \'orthwe*l.
At •Xiuncll Hlults the Trains of the Chicago &
North-Western and the U. P. R'ys depart from,
arrive a laud use the same Joint Union Depot.
At Chicago, close connections are made with
the I.nke Shore, Michigan Central, Baltimore A
Ohio, Ft. Wayne and Pennsylvania, and Chicago
& (iraud Trunk K'ys, and the Kankakee and I'an
Handle Koute*.
Close connections made at Junction Points.
It Is the ONLY LINE running
Pullman Hotel Oming Gars
BETWEEN
Chicago and Council Bluffs.
Pullman Sleepers on all Night Trains.
Insist upon Ticket Agent* selling you Tickets
via this road. Examine your Tickets, and refuse
to buy If they do not read over the Chicago a
North- Western Hallway.
If you wish the liest Traveling Accommodations
yon will buv your Tickets by this route, <iy~ANIl
WII.I. TAKK NONE OTHER.
All Ticket Agents sell Tickets hy this Line.
MARVIN HUOHITT, M V, P. & Gcu'l Mang'r
Chicago.
Union Woolen IVlill,
BUTTER, PA.
11. FULLEKTON. Prop'r.
Manufacturer of Blankets. Fi.annelb, Yahn*,
Ac. Also custom work done to order, aucb a*
carding Rolls, miking Blanket*, Flannels Knit
ting and Weaving Yarns, Ac., at very low
price* Wool worked <>o the niiarea. il de
»lr».l mv7-ly
AGEN'FS WANTED"
We waDt five Qrst clasd agents for
soliciting orders for Fruit and Orna
mental trees. Terms liberal. Call in
dividually, or address,
WAUUitt & bIBDKKMAN,
fllfc'tl Mil#, Vi.
BtJTLER, PA., WEDNESDAY. FEBRUARY 8.1882
tElliiirf
I'OH
Neuralgia. Sciatica, Lumbago,.
Backache, Soreness of the Chest, Gout,
Quinsy, Sore Throat, Swellings and
Sprains, Burns and Scalds,
General Bodily Pains,
Tooth, Ear and Headache, Frosted Feet
and Ears, and all other Pains
and Aches.
No Preparation on earth equals FT. JACOBS OIL aa
1 Mtifr.iure. simple and rhrap External Ktmedjr.
\ trial entails but the comparatively triflair outlay
•r 50 Cents, and every one mffering with pain
jm have cheap and positive proof of its claims.
Directions in Eleven languages.
JOLD BY ALL DfiUGGISTS AND DEALEEB IV
MEDICIHE.
A. VOGELER 3c CO.,
Baltimore, Md., U. 8. X
IIS. LTDIA L PINKHAM, OF LYNN, MASS.,
v
LYDIA E. PINKHAM'B
VESETABLE COMPOUND.
Ig a Positive Cnre
feral* these Painful Complaints anA Weal neeeee
Ntoaatu toourbcit ftmolc population.
It will cure entirely the worst form of Female Com
plainti, all ovarian troubles, Inflammation and Ulcers
tion, Filling and Displacements, and the con*qu#flt
6 pin a 1 WfaknfM, and la particularly adapted to the
Change of IJfc.
It will dissolve IBd expel tnraor* from the uterus In
an early itag» of development. Tho tendency to can
cerous humors tliere is checked very speedily by Its use.
It removes faintness, flatulency, deKtroysall craving
for stimulants, and relieve* weakness of the stomach.
It cures Bloating, Cleadaehes, Nervous Prostrstlon,
General Debility, bleep less new, Depression and Indi
gestion.
That feeling of bearing down, causing pain, weight
and backache, is alwsys cured by its use.
It will at all tiroes and under all cirrti instances act In
harmony with tho laws that govern the female system.
For the cure of Kidney Complaints of either sex this
Compound Is unsurpassed.
LYI»IA E. I'm Ell AXH VEGETABLE COM
POI'N'DU prepared at £l3 and 23& Weetern Avenue,
Lynn, Maaa. Prion |l Six bottles for |S. Sent by mall
In the form of ptll«, alao In the form of loiencta, oa
receipt of price, (1 per box for either. Mr«. lie It ham
freely answer. all letter* of Inquiry. Bend for pamph
let. Address aa above. Mm!ion Ihit J\iptr.
yo family should bo without LTDIA E. PINKHAICI
IJVER PILLS. They cure constipation, bUloueneee,
and torpidity of the llrer. 26 cents per box.
tor Sold by all Dmnliia. "S*
GREAT GrJk&M DESTROYER
DAlißY'ft
PROPHYLACTIC FLUID.
Fitting of SMALL
SMALL POX i'OX Prevented.
ERADICATED. j u i.!r pur ' aedam,hea '-
t-ianjfrene prevented and
...... . Dysentery cured.
s ontaglon destroyed. Wound* healed rapidly.
Sick nioms purified and scurvey cured In short
made pleasant. tune
Fevered and Sick Per- Tetter dried up.
■Oils relieved and re- H ls perfectly harmless.
!?. ?. V> i Vi &."* P <,r Throat It In a
with Prophylactic Flu- curP .
Id added to the water.
Soft White Complexions
sewircd by Its use
In buttling. niPTHFRIA
Impure Air made harm- Uir I ntnin
less and purifltil by .-..-n-n
sprinkling liarby V PREVENTED.
Fluid aUout.
To purify the breath.
Cleanse the Teeth, it
can't be surpassed. ,Cholera dissipated.
Catarrh relieved and Ship Fever Prevented by
cured. ' Its line.
Erysipelas cured. Incases ol death In the
Burns relieved Instantly, house, It should always
Scars prevented. I>e used about the
Removes ali unpleasant corpse—lt will prevent
odors. any unpleasant smell.
An Antidote for Animal
■■■■■■■■ or Vegetable Poisons,
I Stings, &c.
Dangerous effluvia* of
sick rooms and hos
pitals removed by its
* „
Yk.li.ow Ff.vkb
F.KAIMCATKD.
In fact It Is the great
Disinfectant and Purifier,
PKKPARKD HY
J. H. ZEILIN & CO.,
Manufacturing Chemists. KOLK PROPRIETORS.
OM$
/nUnfaiung * ForallSwnV
I Remedy 6 uchas Diseases]
VTETTER.ITCH.SORES. PIMPLES. /
VERYSIPCIASj/t kPINCWORMV
WE GRar^antE
IJCHIH6 PILES
Symptom. art molstor*, luhlna, nmri
night ■ ...Tti. a* If pin-worm. war* crsw fluf about
tb. rectum; the private part.are often .fleeted. Asa
dlmmoi. economical sad poeltive cure, BWATMS'i
Oi»THS»T Is .upertor to anr article ID the market.
Sold brdraccliti.or saodMl eta. la 8-ct Stamps. I
Bssas.ll ii" ddress, Da. SWATHS * Sow, Phila-.Pfc
KF.ItKIH ABMOU.
i Justice of the Ire ace
U ra.
Jl DUE COX'S CHARGE.
A Clear »nd Impartial Presen*
tn> ton ot the Law Govern
ing the Case.
Judge Cox then, at 3:15 P M., pro
ceeded to deliver his charge to the
jury. He commenced by saying that
the Constitution provides that, in all
criminal prosecutions, the accused
shall enjoy the right of a speedy and
public trial by an impartial jury, in the
State or District where the crime shall
have been committed ; that be shall be
informed of the cause and the nature
of the accusation against him ; that be
shall be confronted with the witnesses
against him ; that he shall have com
pulsory process to obtain witnesses in
his favor, and that he shall have as
sistance of counsel in his defense.
Those provisions were intended for the
protection of the innocent from injustice
and oppression, and it was only by
their faithful observance that guilt or
innocence could be fairly ascertained.
Every accused person was presumed to
be innocent until the accusation was
proved. With what difficulty and
trouble the law had been administered
in the present case, the jurors had been
daily witnesses. It was, however, a
consolation to think that not one of
those guarantees of ihe Constitution
bad been violated in the person of the
accused.
At last the long chapter of proof
was ended; the tafk of the advocate
was done, aud it now rested with the
jury to determine the issue between
public justice and the prisoner at the
bar. No could feel more keenly
than himself the great responsibility of
bis duties; aud he folt that be could
only discbarge them by close adherence
to the law as laid down by its highest
authorities. Before proceeding further
be wished to notice an incident which
had taken place pending the recent ar
gument. The prisoner had frequently
taken occasion to proclaim that public
opinion, as evidenced by the press and
correspondence, was in his favor.
Those declarations could not have been
prevented except by the process of
gagging the prisoner. Any suggestion
tnatthe jury could be influenced by
such lawless clattering of the prisoner
would have seemed to him absurd;
and he should have felt that he was
insulting tbe intelligence of the jury if
he bad warned them not to regard it.
Counsel f«.r tbe prosecution bad felt it
necessary, however, in the final argu
ment to iuterpose a contradiction to
such statements ; and an exception bad
been taken on the part of tbe accused
to the form in which that effort was
made. For the sole purpose of purg
ing the record of any objectionable mat
ter be should simply say that anything
which had been said on either side in
reference to public excitement or to
newspaper opinion was not to be re
garded by the jury.
Tbe indictment charged the defend
ant with having mu.'dered James A.
Garfield ; and it was tbe duty of the
Court to explaiu the nature of the
crime charged. Murder was commit
ted where a person of sound memory
and discretion unlawfully killed a
reasonable being, in tbe peace of the
United States, with malice aforethought.
It had to be proved, first, that the
death was caused by the act of the ac
cused ; aud, further, that it was caused
with malice atorethought. That did
not mean, however, that the Govern
ment had to prove any ill-will or
hatred on the part of the accused to
ward the deceased. Whereever a
homicide was shown to have been com
mitted without lawful authority, and
with deliberate intent, it was sufficient
ly proved to have been done with mal
ice aforethought; and malice was not
disproved by showing that the accused
bad no personal ill-will to tbe deceased,
and that he killed him from other mo
tives—as, tor instance, robbery or
through mistaking him tor another, or
claimed in this case) to produce a
public benefit If it could be shown
that the killing occurred in a heat of
passion, or under provocation, then it
would appear that there was no pre
meditated attempt, and, therefore, no
malice aforethought, and that would
reduce the crime to manslaughter. It
was hardly necessary, however, to say
that there was nothing of that kind in
the present case. The jury would
have to say either that the defendant
was guilty of mnrder or that he was
innocent.
TH* QUESTION OF INSANITY.
In order to constitute the crime of
murder, the assassin must have a
reasonably sane mind; in technical
terms he must be 'of sane mind, memo
ry and discretion.' An irresponsible
insane man could not commit murder.
If he was laboring under a disease ef
the mental faculties to such an extent
that be did not know what be was
doing, or did not know it was wrong,
then he was wanting in that sound
mind, memory and discretion that was
a part of the definition of murder. In
the next place, notwithstanding this
presumption of innocence, it was equal
ly true that a defendant waß presumed
to be sane and to have been so at the
time the crime was committed. That
is to say, that the Government was
not bound to show affirmatively as a
part of its proofs that the defendant
was sane. As insanity was the ex
ception, and as the majority of men are
sane, tbe law presumed the latter con
dition of every man, until some reasou
was show to believe the contrary. The
burden was, therefore, on the defend
ant, who set up insanity as an excuse
for crime, to produce proofs in the first
instance to show that that presumption
wns mistaken, so far as it related to
the prisoner. Crime, therefore, in
volved three elements, the killing, mal
ice and a responsible mind, in the
murderer After all the evidence was
before the jury, if the jury, while bear
ing in mind both those presumptions
(that is, that the defendant is innocent
till he is proved guilty, aud that he is
sane till the contrary appears), still
entertained what was called a reasona
ble doubt on any ground, or as to auy
ot the essential elements of the crime,
then the defendant was entitled to the
benefit of such doubt.
MALICE AFORETHOUGHT FULLY ESTAB
LISHED.
Whb to the cfe is
this case very little comment was re
quired by the Court, except upon one
question, the others being hardly mat
ters of dispute. That the defendant
fired at and shot the deceased Presi
dent was abundantly proved. That
the wound was fatal had been testified
to by the surgeons, who were compe
tent to speak, and they were uncontra
dicted. That the homicide was com
mitted with malice aforethought (if
the defendant was capable ot criminal
iutent or malice (could hardly be gain
said. It was not necessary to prove
that any special or express hatred or
•lalice was entertained by the accused
toward the deceased. It was sufficient
to prove that the act was done by de
liberate intent, as distinct from an act
done under a certain impulse, in the
heat of blood and without previous
malice. Evidence had been exhibited
to the jury tending to show that the
defendant admitted ia his own hand
writing that he had conceived the idea
of 'removing the President,' as he
called it, six weeks before the shooting;
that he had deliberated upon it, and
came to a determination to do it; and
that about two weeks before he accom
plished it he stationed himself at certain
points to do the act, but for some
reason was prevented. Ilis prepara
tion for it by the purchase of the pistol
had been showu. All these facts came
up to the full measure of the proof re
quired to establish what the law de
nominated malice aforethought.
" WAB GUITEAL' RESPONSIBLE.
The jury would find little difficulty
in reaching a conclusion as to a'l the
elemeuts that made up the crime
charged in tho indictment, except, it
might be, as to the one of sound mind,
memory and discretion—but that was
only a technical expression for a re
sponsible, sane man. He now ap
proached that difficult question. He
had already said that a man who is
insane in the sense that makes him ir
responsible, cannot commit a crime.
The defense of insanity has been so
abused as to be brought into great dis
credit. It was the last resort in cases
of unquestioned guilt. It had been
an excuse for juries to bring in a
verdict of acquittal when there was a
public sympathy for the accused, and
especially where there was provocation
for the homicide according to public
sentiment, but not according to law.
For that reason the defense of insanity
was viewed with disfavor, and public
sentiment was hostile to it. Never
theless, if iusanity were established to
a degree necessary, it was a perfect de
fense for an indictment for murder and
must be allowed full weight.
It would be observed that in this
case there was no trouble with any
question about what might be called
total insanity, such as raving maaid
or absolute imbecility, in which all
exercise of reason is wanting, and
where there is no recognition of per-,
sons or things, or their relations.
But there wasadebateableborderline be
tween sanity and insanity ; and there was
often great difficulty in determining on
which side of this line a party was to
l>e put. There were cases in which a
man's mental faculties, generally, seem
ed to be deranged. A man was pos
sessed, perhaps, by a belief of some
thing absurd which he could not be
reasoned out of (what was called an
insane delusion); or he might have
some morbid propensity, seemingly in
harsh discord with the rest of his in
tellectual faculties and moral nature.
Those were cases which, for want of
a better term, were called partial insan
ity.
The jury must determine whether,
at the time the homicide was committ
ed, the defendant was laboring under
any insane delusion prompting and
impelling him to do the dfeed. Natur
ally, they would look first to any ex
planation of tbe act that might have
been made by the defendant himself at
the time, or immediately before orafter.
Several papers have been laid before
them that bad been in the prisoner's
possession, and that purported to as
sign tbe motive for the deed. The
Judge then cited several extracts from
Guiteau's different statements as to
the motives wbich led him to commit
the crime, growing out of the political
situation.
The jury bad now before it every
thing emanating from the prisoner
about the time of the Hbooting. There
was nothing further from him until
three month* afterward. And now he
would pass to consider the import of
all this. The jury would consider,
first, whether this evidence fairly rep
resented the feelings and ideas that
governed the prisoner at the time of
the shooting If it did, it represent
ed a thing which he (Judge Cox) bad
not seen characterized in any judicial
utterance as an insane delusion. Tbey
would consider whether, on the con
trary, it showed an ample power of
reasoning and reflection on the argu
ments and evidence for and against,
resulting in the opinion that the Presi
dent hud betrayed his party, and that
if he were out of the way it would be
a benefit to bis party, and would save
the country from the predominance of
their political opponents. So far there
was nothing insane in the conclusion.
It had doubtless been shared by a good
many healed partisan*, who were sane
people, but the difference was that tho
prisoner reached the conclusion that to
put the I'risident out of the way i>y as
sassination was a political necessity.
When men reasoned, the law required
them to reason correctly, BO far as their
practical duties were concerned. A
niun might believe a course of action
to be right, and the law might forbid
it as wrong, nevertheless he must obey
the law, and nothing could save him
from the consequences of the violation
of the law, except the fact that he. was
so erased by disease as to be unable to
comprehend the necessary of obedience.
Tilt QUESTION OF RESPONSIBILITY.
The jury would bear in mind that a
man did not become irresponsible by
the mere fact of his being partially in
sane Such a man did not take leave
of his passions by becoming insane.
Ho might retain aB much control over
them as in health. Whenever this
partial insanity waa relied on as do
fense it must appear that the crlrno
cbfcrge'd wis s product of toe dtilußioo
or other morbid condition, and connect
ed with it as effect with cause, and
that ii was not the result of sane rea
soning which the party might be capa
ble of, notwithstanding his limited and
circumscribed disorder. Assuming
that that infirmity of mind had a direct
influence on crime, the difficulty was
to fix the character of the disorder
which fixed responsibility or irrespons
ibility iu law. It would be well to say
a word to the jury as to the kind of
evidence by which courts and juries
were guided iu this difficult and delicate
inquiry. That rubtle essence, called
mind, defined, of course ocular inspec
tion. It could only be known by its
manifestations. The test was as to
whether the conduct of the man and
his thoughts and emotioLS conformed
with those of persons of sound mind,
or whether they contrasted harshly
with it. 3y that, a judgment was
formed as to man's soundness of mind,
and for that reason evidence was ad
missable to show conduct and language
that would indicate to the general mind
some marked condition of the intellect
ual powers. Everything relating to
his mental and physical history was
therefore relevant, because any conclu
sion on the subject must often rest on
a large number of facts; aud letters
spontaneously written, afforded one of
the best indications of mental condition.
Evidence of insanity in the parents
was always pertinent, but juries were
never allowed to infer insanity in the
accused from the mere fact of its exist
ence in the ancestors. Therefore it
was that, in this case, the defense had
been allowed to introduce evidence
concerning the whole life of the accused
and reaching also his family anteced
ents.
COULD HE TELL R OUT FROM WRONG ?
The instructions which be had ul
ready given to the jury imported that
the true test of criminal responsibility
where the defense of insanity was in
terposed was, whether the accused had
sufficient use of his reason to under
stand the nature of the act with which
he was charged, and to understand
that it was wrong for him to commit
it. If those were the facts, he was
criminally responsible for the act,
whatever peculiarities might be shown
of him in other respects. On the other
hand, if his reason were so defective,
in consequence of brain disease, that
he could not understand what he was
doing, or could not understand that
what he was doing was wrong, he
ought to be treated as an irresponsible
lunatic. As the law assumed every
one. at the outset, to be sane and re
sponsible, the question was, what was
there in this case to show the contrary
as to this defendant?
A jury wa<* not warranted in in
ferring that a man was insane from the
mere tact of bis committing a crime or
from the enormity of the crime, because
the law presumes that there is a bad
motive, and that the crime is prompted
by malice if nothing else appears.
Perhaps the easiest way for the jury to
examine into the subject was, first, to
uaiisfy themselves about the condition
of tue prisoner's mind for a reasonable
period oi time, and then consider what
evidence exists as to a different condi
tion of mind at the time of the commis
sion of the act. The jury would have
to draw its own conclusions. Was the
prisoner's ordinary, permanent, chronic
condition of mind such that he was
unable to understand the nature of his
actions and to distinguish between right
and wrong in bis conduct? Was he
subject all the time to insane delusions
which destroyed his power so to dis
tinguish? And did those continue
down to and embrace the act for which
he is on trial? If so he was simply
an irresponsible lunatic. On the other
hand, had he the ordinary intelligence
of uaDC people, so that be could distin
guish between rij?ht and wroug as to
his actions? If another person bad
committed the assassination, would
the prisoner have appreciated the wick
edness <>". it? Would he have under
stood the character of the act and its
wrongfulness, if another person had
suggested it to him ? The jury must
consider these questions in their own
mind. If the jury were satisfied that
his ordinary and chronic condition was
that of sanity—at least so far that he
knew the character of his own actions,
and how far they were right or wrong
—and that he was not under any per
manent insane delusion, which de
stroyed bis power of discriminating be
tween right and wrong, then the re
maining inquiry wai whether there
was any special insanity connected
with this crime.
WAS THERE AN INSANE DELUSION ?
It would be seen that the reliance of
the defense was the existence of an in
sane delusion in the prisoner's mind,
which so perverted his reason as to in
capacitate him from perceiving the dif
ference between right and wrong as to
this particular act. The Judge then
expounded at length the law regarding
insane decisions. An insane delusion,
he concluded, was the coinage of a dis
eased brain, which defies reason and
ridicule, and throws into disorder all
the springs of human action. The
question for the jury to determine was
what was the condition of the priso
ner's mind at the time when this pro
ject was executed. If he was sufficient
ly sane then to be responsible, it mat
ters not what might have been his con
dition before or after.
There wan undoubtedly a form of in
sane delusion, consisting of a belief by
a person that he is inspired by the Al
mighty to do something—to kill an
other, for example—and the delusion
might be HO strong as 10 impel him to
the commission of crime. The defend
ant in this case claimed that he labored
under such a delusion at the time of
the assassination. His unsworn decla
rations in bis own favor were not, of
course, evideuce, and were not to be
considered by the jury. The idea of
being inspired to do an act might be
either a sane belief or an insaue delu
sion. A great many Christian people
believed not only that events were
providentially ordered, but that they
themselves received special providen
tial guidance and illumination Jn re
spect both to their inward thoughts
and tbeif outward actions. But this
waft • ©ere note belief. Oa the other
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From the fact tlitt the Oimcx is 'ho oldest
established and most extensively circulated Re
publican newspaper in Butler county, (a Repub
lican ooauty) it must be apparent ttf busiiu a J
men that it is the medium they should use in
advertising their business.
NO. 12
band, if a man sincerely though insane
ly believed that, like St. Paul on hia
way to Damascus, he had been smitten
to the earth and had seen a great light,
and had beard a voice from Heaven
warning and commanding him to do a
certain act, that would be a case of im
aginary inspiration, amounting to an
insane delusion. The question was
whether the case of this defendant pre
sented anything analogous to that.
Judge Cox went on to say that the
question the jury was whether, on
the one hand, the idea of kiliing the
President first presented itself to the
defendant iu the shape of a command
or inspiration of the Deity, in the man
ner in Which insane delusions of that
sort arose, or whether, on the other
hand, it was a conception of his own,
and whether the thought of inspiration
was not simply a speculation or theo
retical conclusion of his own mind. If
it were the latter, it was nothing more
than one of the vagaries of reasoning
which he had already characterized as
furnishing no excuse for crime. He
had dwelt upon the question of insane
delusion simply because ihe evidence
touching the defendant's power, or
want of power (from mental disease),
to distinguish between right and wrong
as to the act done by him. This was
ibe broad question for the jury to de
termine, aud was what was relied up
on by the defense.
MENTAL AND MORAL OBLIQUITY.
It had been argued with fervor on
the part cf the defense that there were
a great many things in the defendant's
conduct which could not be expected of
a sane man, and which were only ex
plainable on the theory of insanity.
There were strange things in his career;
and whether they were really indica
tions of insanity or could be accounted
tor by bis ignorance of men, bis exag
gerated egotism, or by his bluntness of
moral sense, it might be difficult to de
termine. The only safe rule, however,
was for the jury to direct its attention
to the test of criminal responsibility,
namely : Whether the prisoner possess
ed the mental capacity at the time the
act wus committed to know that it was
wrong or whether he was deprived of
that capacity by mental disease.
There nas one important distinction
which the jury must not lose sight of
and ihey mu»t decide how far it was
applicable to the case. That was the
distinction between mental and moral
obliquity.
In conclusion Judge Cox said : 'And
now gentlemen, to sum up all I have
said to you, if you find from the whole
evidence that at the time of the com
mission of the homicide the prisoner
was laboriug under such a defect of
his reasou that he was incapable of un
derstanding what he was doing, or of
seeing that it was a wrong thing to do,
as, for example, if he were under the
iusane delusion that the Almighty had
commanded him to do the act, then he
was not in a responsible condition of
mind, but was an object of compassion
and should be now acquitted. If, on
the other hand, you Had that be wes
under no insane delusion, but had the
possession of his faculties and had pow
er to know that his act was wrong;
and if, of his own free will, he deliber
ately concewed the idea and executed
the homicide, then whether his motives
were personal vindictivencs3, political
animosity, a desire to avenge supposed
political wrongs or a morbid desire
for notoriety, or if you are unable to
discover any motive at all, the act is
simply murder and it is your duty to
find a verdict of guilty as indicted;
or (after a suggestion from Mr. Scoville
to that affect) if you find that the pris
oner is not guilty by reason of insani
ty, it is your duty to say so. You
will now return to your room and con
sider your verdict.'
[Sparta, (Wis.) Herald.]
As an exhibition of the intrinsic
worth of St. Jacobs Oil, we think the
case referred to, that of Mrs. 0. W.
Hubbard, of this town, cured of Sciatic
Rheumatism of long standing by the
Oil, is certainly striking, and, beyond
all doubt, conclusive as to its efficacy.
Tne remedy has our indorsement.
The publishers of the Atlantic
Monthly invite attention to the Atlan
tic articles entiled 'Studies in the
South,' the first of which appeared in
January, and the second is in the Feb
ruary issue. They are writteu by the
author of the article on 'Certain Dan
gerous Tendencies in American Life,'
which attracted so much attention at
the time of its appearance. The writ
er visited the South under peculiarly
favorable circumstances for pur
pose of making a minute examination
of all features of Southern social atid
domestic lile, industry, and manufac
tures, as well as the soil/and climate
of the different sictions, and in these
papers be aims to report with absolute
exactness the facts as he saw them.
It is no exaggeration to say that the
articles coavey a more full and satis
factory statement of all the conditions
of the South than has ever been made
before, and they arie exceedingly pic
turesque and interesting.
It Telia Ita Own Story.
LANCASTER, N. 11. Dec. 3, "79.
By the way I will say that I think
Downs' Elixir the best cough remedy
that I can find at our Druggists. We
always use it.—J. S. Peavey, Pub.
Republican.
All diseases arising from Biliousness
or Torpid Liver, are quickly cured by
the use of Baxter's Mandrake Bitters.
See notice of Arnica and Oil Liniment
in another column.
"The Domestic Tyrant."
"Tho average man," quoth Mrs.
Partington, "is a weak and irritable
domestic tyrant," and Mrs. P. ia cor
rect Tyrannical to a fault the average
man will enter the blissful Paradise of
a happy Lome, scratch himself in fiend
ish glee, send the baby into convul
sions, and for what ? Why, because
ho has the Itching Piles, and is too
mean to buy Swayne's Ointment,
which is an infallible cure for the worst
cases of that annoying complaint.
—Gents' fine white and colored
shirts, low prices, at Heck & Patter
n's.