THE ERIE OBSERVE&
J. W. DOUGLASS, zditor.;
stIVItDAY
Negri of the Week
I=E:=1:1
♦ sad eutdent weeorred at Nispra Falls on Batar•
day. An adopted son of Mr. Mills, foremen of paper
seeldentelly foil late the river, Lad au muffed over
the tearless Pail We understand that the lad ass os
as lee, near the malls, where men had beau main( the
drift Ws from the tame, sad seaideutilly fell late the
swift stress. Es wan Art saes to fall, bat was eau soma
amines down the river, to the rspsds, when beyond the
PILOI of beams old, sad speedily passed over, of 00111111
to Aso ao more Ulm The otaid was twelve years old,
sad • lad of WIWI promise, beloved by tits adopted parents,
sad all who has. mat. The calsottly owed stub swam•
whoa bt the thaws when it 004GITIKL
The report of the Inspeoteni of the anode Wend
State Prison states that nearly Its hundred persons was
sonnuedjor debt in the Providence County lap during
the year 1838, upon which the Pro videace Jirarnal N.
ninaits:
" The Imprisonment of SO many uteri among felons of
the worst stamp is a dtsgraos to the Buts, and the Gener
al AssamOly ought not to adjourn wuhoot providing soma
remedy for so great a wrong. Thu whole system of im
prisonment for debt it a eluting upon our cntiiaatioa and
a reproach upon our religion, and pog t to be at 00011 and
fo abolished."
BUJ Wb►te, the negro who was associated wait Perry
Jackson Ist stealing • yoke of oxen, itat slimmer, is now
ooldined in jail at Monroe, Michigan, on a charge of bon
glary and larceny. Olken Sunderlin, who has bees on
his treat ever nape the owsusiteston of the cruse in tAls
County, received a notice of the above facts from the
dais at Monroe. White will probably be called upon to
do woe service for the State of Michigan before be pays
the penalty of has aims in Chill section.
An lingitah paper relates the death of is father from
grief. It say?. -Ala buy, aged eight years, was accused
ma a charge of stealth( a sovereign. Ball was refused, and
the lad wu feu to pruion. The father, on parting with
his olstid, took the matter so deeply to heart, that he vent
home and 'gun louked up. A deep-seated
*holy took possession of him; be was obliged to give up
work, and on the day his little boy was tried, the father
bcoadbed hat last. The surgeon that attended him says
that be died of ► broken heart. The boy was discharged."
It u sail MA wag the prevents made by Louts Napo
leon to the Empress on New 1. ear's day, Will the dam,'
try of her majesty that her chamber opened into an apart
went—a budou--undreamed of to sleep and untmagined
in }merlons waking. A door, width me night previous
was no door, stood open. 1 . 40 new apartment, the won
dering Epp-rose at length observed, was real; baracenie
In splendor, a "tocouler," imitated from the famous toilet
chamber 01 Arab iultenas in the Alhambra, equipped
with every ounesivabie and inconceivable toy and trinket
of modern toilet device.
The Prince Napoleon started Front Para on the 1341
of rimlaari for Marsedies, with I snits of sight persons,
••in eita.rott of a wits." A steam input was in waiting to
ours bun to Genoa, when** he was to proceed to Twin.
Sts father received the congtwtalatione of visitors et the
flatus tojal, on this alliance of the Boisapartee with
"some of the best blood of Europe "
A ittathaio lady who claims to know •'what'll what"'
propoeee that young Insti aria women be eet up In house
keeping before they are allowed to Le engaged; that the
y *wog woman abut wash sew wend and duet, and that a
wow born talent be procured trona tbe I.lobpitat and that
Me bare this charge of Lim In addiutou to her o ther du
nes. Skill i 4/ of the opinion that thou process would "die•
enciumt" tbo yoang people.
The London 7unu, 114 110 cull!.. of ►o a rucl• on the
r lett of search, (a portion of a h.ch appeared to the Halt.
f al despatch,) '•The monieneit comes to Le rep.rded
s civilly Janne and et►tamen are all agreed that we hate
De Met* right to visit a French ship dusters have to force
6a %trance into a 'Mali town ; that we lute no more
right to seise ► Yankee slaver than •• have to land upon
t he °own of the southern States and to set tree the negroes
we might find working there."
Deeertbutg the funeral merr;tes d Preitott, the his
t arias, the kto.ton Yost lay. that, -With good judgment,
sat often seen, no sortie of eutogy Or of exhortation •ere
sgrattea ever tea honored 1136aiL6 but a rani* form of
pryer, the /angsage maj.:zath,z, which has beet *anon.
heed by the reeqp.us .ta.Laa..L% 44 age., and Amin; of ,4
eabeeita etilinese and the Leavy heave of Lb. mourning
%gross spoil the prevalent depth if feeling."
ass. Sam littutton, of itua, ta engaged la prop
rim law 1111•411C14 , 7) 1I•••ckv. Ito routes Irtro public ltlo
od trio 4th or karat' utat. he toys to inal, isms the
likitadir of nu Gap ID eroploytai
loloaso bona 1n ',null tit, antonwigropay. Rhin stk•
id, a day or noo since, "toy be Mu not leave tote duty to
o thus, no 1444 -fmr,1.1...,1 write my own Ilte, that I may
It,. to reply to the &Wicks mods Upon it."
11. farmer from Duckoso county report" that shims the
ocimaut acostont rf the % tour, upwards of tired,* handrmi
'hoop Mid data n that part of trio country, from the ctku.
all. a lolled the “scab," and that tam moat bad Mo.-
.41 1401 ,
to Now York and sold in the markom
New York papers aonorolly 6117' The
From °Scat ous,-
....tee just submitted to the Presi.
,oat the value of the capital empluied
dent it moats
na ale'
..c tures is 1525,000,000. T. number of tarr,,urao.,
taring establishments in the United States is about 122,.
000. Ohio is the (earth State in th• rains of her mina.
(setarers. New rurk has 199,000,000; Mismachaastu,
183, poo,octo ; renDirst..cis, $94,000,000; Ohio, $29.0.90,.
000.
—lt is said that the Emperor Sontoque has shipped a
qa ducky of valuables on board a government vessel lyres
at St. bare, and that should affairs turn against hint he
will make his ',cape with abundant solar* for chethrone.
iseof. The knowing old gentleman has also lute itivest•
meats is Trance, sufficient to soothe the declining years of
a deposed African Emperor.
The original amount of "Relief" notes inned by the
several beaks of the Commonwealth, tinder authority o f
tie Aet of May 4, 1851, was 8348,051. Of ibis somas
there Ma been redeemed and cancelled, op to this time,
0,698,848; leaving still in caroled= 8198,284, tools
ding 8e1,114 of re-issued of the original notes, ander. the
Act of April 10, 1549.
The Journal of Commerce says the imports of fore*
dry goads at the port of ?Sew Tab, for the Put four 'sobs,
are larger than for any comsponding period (with a-single
*sonatas) sine* the eountry was settled. TO exemption
was to January, 1866, but the total for that month vas
only a trifle beyond the Agates reached dangle the aurrent
January,
Mainight. the onus famous "Hercules" of Tors
n er's Chess, who, some years ago, used to astontsh circu
s ems by resisting with his own legs and arm. the pull of
fo or hones, lifting unkeard.of weighu, .Ito., died in Mid•
Atom county, Pa., a short time tines.
Mies Amelia Boss, aged one hundred and seventeen
jean, died last month in England. She lived in thareigo
of lye sovereigns of Great Britain. One hundred years
Niro, her parents tattled with her in the town of Newton-
I hoevady, and she lived than until the day of her death.
Haler Out, who Mu lately retired from the mission
t o Roma has bun attacked by parslys* mid has loft
wholly or in part, the lice of his lower limbs. He has
goo* to a waterlog place in Switzerland, famous for the
sleet of waters on that disease.
A Paris letter says "Mr. Morpby may shortly pay
D tying Nett to Berlin, for the purpose of playing a few
games with Lange, Dufresne and Mayet. Andersson put
tloularly requested blot so to do, to close the mouths of
the ihritnere.
Jahn C. Heenan, the Benicia Boy, is "trareliag on
his mutable," a la Jenny Lind, !halbert, Bayard Taylor,
sail other tansiotans and lecturers. At last sweats be
war At Mobil* where be announces a grand 'patriot ex •
hib4doa Aaron Jones.
The Most valuable eyes of horses in the United
Statism* mid to be eased by Commodore Vanderbilt of
Nu 'fork. They an samobed horses, sad cam him $l,.
0 00, sod be bee bees oared $9,000 tot them
Lod Campbell says It Isles s d ✓ jury
who emiset agree missy lie I up durbac the session of
Beset, sad this tarried smut to the beam of the 114144
esesty, sad diem all to a ditch."
♦ noted slaw, liavtag rsleatsd w saga att. givs a
b afar a stow% saddest, 41161 poi Au t , tDi
sal pysieiaa pvs It as kis aptalas It ass from sable
mit d the bout.
ON boadzsli sad throe comas were killed by
rood is ib• lladtsi Byte, last year, rod two
leadrod sad V.'s's' LDjauL-
Noe °se ma ad a ant* aaileallidas, tbs, "114
pm aa their ham ea Saaday, Aid pm& 0111 tboir saidab.
Mn dm, net of tee week."
"Poilealbtepy," toys the Bee. Sydney Sasids, "is a
naboitel seadseat of the bases boort," wltenever A
sons A in Irmo, he OM' mutts C is liiisve.bl"
ritalitVAlLY 12, MO.
_..at tbe story
fora portion of it, which we regret, for its char
totdruismanted an eativertblication. 'pie Judge
dwelt at considerable length and With great
earnestness upon the many orimina phases of
intemperance, its desecration of the Sabbath, its
ruinous effects upon old and young, but espe ,
Ma* upon the young, and its other thousand
forms of injury and wrong. He likewise called
especial atteation to alb intolerable niniesnoe of
oolleetions of noisy brawling boys iupon the
streets at night, to the great sonoyanee of citi
zens. Also to Gift Enterprises, ruf`tinuuding
them illegal and most pernicious lw their in
fluence upon the industry and enterprise of indi
viduals sad communities. Itemarkitig in oon
elusion, that the calender for their week's work
showed a large Hat of alsoet every visrietY and
grade of offence, and calling upon the Jury to
be prompt, bold and unflinching in the discharge
of their duties.
Ventlomat of the Gravid Jury
One of the most imOrtant ends
for which Courts of Justice are instituted is the
promotion and preserration of the pelice and good
order of Society; and when th l e tire sheared
communities are inspired with thti con!deaue
that life, liberty, and the pursuit o hapiness
are not to be violated with impunity,
Honor the importance of constant vigilance
and unflinching integrity in those t whom the
administration of justice ucommifte . 'lf there
is a laxity or indifference in vindici4ng the laws
from abuse and reproach, it is at once visible in
the increase of offences, the insecurity of life and
of property, the demoralization of society, and as
a necessary consequence, an increased and burth
ensome taxation upon the industry and earnings
of the Publio. Courts are
. not established so
much to present the commission of crime by any
prior efforts they make to inculcate obedience to
the laws and a just regard to all the moral pre
cepts, which are the best elements and bowls of
human society, as they arc to see that when it
is committed, its authors ass not allowed to go
unpunished, and thereby teach them and otters,
who might be tempted to follow their pernicious
example, that wrong doing is too profitless and
expensive to be indulged in. Our natural sym
pathies are given to us for wise and beneficent
purposes, but care must be takeni that ,they are
not allowed to run in a wrong chahnel end warp
our judgments in matters of more importanoe
than sympathy itself is. We owe mare to the
orderly and industrious members of *okay, to
the nnoffending and weak, who are lets able to
take care of and protect themselVes against ra
pine and violence, than we do to ',those who arc
indifferent to the rights, property,' or lives of
others; who are pests in whatever community
they are found, and alike regardless of laws, hu
man or divine Such persons have ad i claims
upon our sympathies. They have none ter them ,
elves, nautili' less, if such can be, for those up
on whose rights, in one way or another, they
want but the opportunity to make an invasion.
When one is overtaken in a fault by sudden and
unlocked for temptation, or the ttnpremeditauid
ebufition of passion, a needless provocation or;a
partially deranged mind, room is allowed for the
exercise of the more tender feelings of our nature,
J -
Mid TM eon A. i.. 1. -• * • . . 1 -.• )
.....• ems46l eau unflinching judge, should be is
different to their claims. but whin the heedless
or more openly lawless offender is arraigned for
his crime, another rule of thought and of action
should control both juror and judge. There'
Ass ,
be, as there should be, a humane &dine'
...istratiou
of justice even to the most guilty. ' , , tit it should
be certain and speedy;
crest penalty has to b. and 7:cais;onally the see.
-dieted, not so tosieh. to
pupas' it the eriaziasJ
as to vindicate the rosjc)
:
of the inn MO cieter others from their violation
7 fbeitus r uncertainty and delay exist, succor
li g ear .lt is given to offenders and, crime becomes
tkv. more prolific. And whenever punishment
. follows In the immediate wake of the offence, it
has a decisive influence in restraining others from
its repetition. Delays are, at times, unavoidable,
as no one wishes to see another, hurried into his
trial and conviction, however guilty he may be,
without affording him a fair and reasonable op.
portnsity to prepare for his defence; that be
may, if-he can, establish his innocence—s result
always to be moresdesired than a contrary one
But they should Doi be encouraged, as they are
not nnfrequently sought for to afford means of
escape by flight, or, that which is worse, of the
subornation and commission of perjury. With
the increase of popuittibu and of facilities for
rapidity of flight or passage from one locality to
another, crime has been on the advance, an , in
some of its departments, has been reduc to
something of a system or science. Combine one
are formed the more snecesefully tb 'nom lish
certain offences an avoid detectlon—suc as
larcenies, more esp unterfeit ney, and the;
'ally of horses; and the pas
singire o f the;members of
these combinations to 'be found in almost
every corner and sehtion of the dountry, more
tiartioululy in theicinity of State Lines, with
4
their signs, counts igns, passwords and secret
bound oaths to aid, conceal, and rescue each
other from impending danger. bring to jell
floe these wretched offenders, mo than ordinary
diligence becomes imperative w th constables,
detectives, magistrates and courts' of justice. It
is only in our courts where this should be meted
out; but when it fails there through any inade
suete cause, another remedy is sought for and
applied by an exasperated populace. Itp sppli ,
1 cation is generally quite summary, but as severe
a: it is unlawful. When scenes of this kind oc•
our, and they are not few in our land of boasted
law and liberty, they serve u solemn rebukes to
those to whose sire and keeping is eommitted
the administration of the laws.
Trial of George Riddle for the murder of Jo
seph Bonen*lli.
IN 711 T OUR ..1.9Z1 7ZJIMIATI o ItRIT rot.+. n
Molnar, Yatw•ar 7, la 9.
Ban. David Dorrickson, !"residing, and Bon•
Samuel Hutchins and H*n. John Greer, Asso-
ciate&
The District Attorney and Messrs. Brigden
and Hutchinson, appeared for the Common.
wealth. John H. Walker and W Lane, Elm
appeared for the defendant.
George Riddle, !the prisoner; was ordered to
ud up. The %striet Attorney, James Sill,
6 then read the indictment to him. The
. • • sad "not guilty," and desired to b. ,
tried in the • manner.
After • • h a Jury, which wits done,
*Mid *tits 61*y, kr ON Com mos.
wealth mu opened by D. ' . : 'Kalinin°, Req.
in a speech of some fifteen 'minute . ugth Xi
Hutchinson was evidently '. • ply impressed wca
the indeteuity of th‘e 44fter ILI
• A
, had keno lvded,john an t ree cateNd and morn.
He ilestified in substsieti as frnllowe t
"i was in the City of Erie ou Saturday the
304 h day of October leo, and went home with
Joseph Bottenelli I think Riddle was in town
about 5 o'clock. B.etenelli went into his Gro
cery after he got borne Sone- farmers were io
the room at that time, and after that Riddle and
Simonds .awe to. • Tbey asked for two glasses
of beer Bottenelli refused to give Riddle the
beer, and said that Riddle owed him two dollars.
Afterwards ba let them have the beer, and they
called for more and be gave it to them. Then
Simonds asked for more end Bottenelli told them
they had had enough ;They got mad and began
wilding, and went out of the hack door Rid
die stopped and Simonds went home Riddle
picked up two stones and said that if Bottenelli
would come out he would kill him. Bottenelli
went out of the same door sod told Riddle to go
home, that he bad no business there. Riddle
did not go away, and Bottenelli went to the barn
and got a pitch fork. When B. came back from
the barn his wife Game out and took the fork
from him, and B. went into the house. Another
man took the stones away from R. Riddle's
manner was as bad as it could be, jumping up
and. saying he would kill hint. B. was quiet.—
R. went off then . After a little B. asked wit
ness to go with'him after his sow. We went on
the Ridge road on a slow walk. We went west
beyond the blacksmith shop about two rods and
stopped. Some people cried out that B. was
coming with a gun. I did not see R. B. was
ahead of me When I heard the noise, I went
back and told R. to go back and not make any
noise. It, had a gun and had it up to his shoul
der, aiming at B, He said if I did not go away
he would kill me too I told him be was an im
prudent fellow, and that I did not want anything
to do with him. B. then came back and tqld R
to be quiet. Mrs. B. stepped in between them
They were fifteen feet apart. R. told B. he
would shoot him if he he did not go away, at
least five different times Mrs B. took her has
band home. R went towards his own house,
and stopped in the lane, about five hundred feet
from the ridge road. He kneeled down in the
fence corner, resting the barrel of his gun on the
fence pointing in direction of B I was at the
blacksmith shop B. then came out of the back
door of his house, with a gun in his right hand.
He then laid it over his left arm and fired it off.
Ile - was about fifty feet from his house when be
discharged his gun, and at least four hundred
and fifty feet from R. B. ran slowly towards R.
holding his gun in his right hand I ran towards
R. to previdit him from shooting When I was
about four feet from R. his gun went off. B.
was within twenty-five- feet of the fence when R.
s hot. He fired towards B. 1 jumped into It. to
take the gnu away,and be told me he would knock
me down and kill me too B fell backwards
The gun was heavily loaded with shot and gave
a very , sharp report. After B fell, R. jumped
over the fence sod ran toward B. and kicked him,
saying, "You devil, if you are not dead, I will
shoot you again." R. went off. B. died in one
half of an hour afterwards. There were twenty
five shots in his body
Cross-examined by W S. Lane, En
Du-
Jury,
only'
Bottenelli was not excited idler, R. came into
his grocery, nor immediately Wore this time. I
right into tte bar•room I was not in the bar
rocm until ..I . lt, c ame in . R. had not been drink
ing, 't . drank two glasses after I went in. B's
" . ..miner was not ttireatning towards R Be was
uoi angry R. was quiet while in the barroom
. R ',and Simonds went out together. R contin
ued scolding at the back door and B then went
out. B did not set hie dog on R. The dog did
nt'it jump at It I was inside, but where I
-,7,,, op ld see B. did not swear at R. or call hard
mimes when they were on the ridge road R
ran after B. and myself hallooing. B. picked
up a piece of fence rail about four feet long, but
did not threaten to strike R., but told him to go
home B'e gun was not pointed towards It
when be fired. The gun was double- barrelled.
I was about four hundred and fifty feet from B
when be fired, and about three hundred from R.
I did not see R. when' B. fired.
Direct examination resumed .
The doors in B's house were opposite to each
other The rail that B had was about one inch
thick—only a sliver.
Louisa Rader called and sworn
I live at Mrs. Moshen, opposite the lane spos
ken of. I was at Mrs. Mosher's house on the
30th day of October. J B and R came out of
B's house; Mr. B had something in his hand;
Simonds and his wife and R's boy tried to get
R home Mrs. B took B home. R called B
hard names and said that if he weuld come half
waybe would shoot him. B was very quiet when
he went along the road. B kept his gun in the
lane and ran after B scolding and shaking his
fist. at 'him. R told Mrs Bto go sway, that be
was going to shoot B. After R shot, B threw
up his hands and fell; R jumped over the fence
and oanaht bold of It, saying, "are you dead,
devil '?" Several times; his manner was savage.
Cross examined by Mr. Lane :
About three seconds elapsed from the time
that B fired off his gun until It shot him. B ran
after R with stick down the road. He was bran
dishing the stick as though be was going to
strike. The stick was about four feet long
pretty heavy
There were other witnesses sworn on the
of the Commonwealth, but the above testi,
embraoes the history and material facts of
cue, as presented , by the prosecution, wit
ex eption of some previous threats by Ri
a arvest field. Mt
The cue for the defendint was ope y , , t „,
L ne, in a abort, explicit address to c
ase
u g that they expected to *how as witt vo r oi
w uld make the killing of Bayeux
that
is y manslaughter at the wore
4 7 hoiniai i : e :
/
p bability a clear case of ex
be presented
11 . ling in self-defence, wy ,
t m.
Peter Simonds call
ibeft. and sworn.
srlibq 80th of Ottobel
It. and I bad been •
was in tows tie " drinking, and excit
It to stop at B's for
b liquor. I r
Award some noise. Sew
gigs, of beer z.
Two men were holding 8., ,
with pitobfortot
get at B. he biased his,
when
o r" o4r- - Mad,lt • •It d
on hi , i wu ' ol2 I" A. Pk ' e
, t evr ,it at the dog. I got R. to g
stone ary
then went into the house. R. win
B to ,y for therie west
twod t o beek in
llani. B.
the
B. rld. oil
pt nor
behind tsaytoway . tlhe
a lle e lialte
e
bat he would shoot him dead. H
be back door sod ran across the fi
, . the oressrosd. Wilen_ll. got
he fired him g
in about a Seg
R Nquatted d
In piatu view
twoen as. li
sod towards R After R Stud he eaover the
fence and looked at him lie said souiTithrigiont
I could Dot tell what. He did tot kiekrnr touch
him I was closer than'tbe young lady Louie'
was to the matt. The dog itusped'a; B, rater
be was bieseii, l lsod I threw the dog off With my
arm Mrs. then took the dog away.
Cross examined
I was not intoxicated that day. lam a nephew
of Riddle's.
Frederick Riddit. (Sc. of ike wiener.)
I was in at B's, and ho was putting caps on his
pistol and said something about shooting. Mrs.
B. ordered me out. I went out and overtook my
father (R.) and Simonds. B. came out ;and Imi
gas to jaw at father, and father told me to go
home and tell mother to give mer fifty oeMta. I
went home and came back with the money. B.
was still scolding in the road. B. got the pitch.
fork and threatened to stick father. B. hissed
the dog at father and the dog jumped up three
times at hie throat B. drew out a pistol and
said ht• wotdd sloot father, but Mrs. B. prevent
ed him. Then my mother came ap and took fa
ther home. Father and I went home with moth.
cr. Father said down home that he would shoot
B's dog.
Mary Simonds called and sworn.
I just saw B. with a pitchfork in his - bands.
R. was standing there. B. called R. a rascal.
tiepin and R. advanced to R., and R. retired.—
Regan had an open knife in his hand. B. raised
the stick as if be was going to strike. R. told
them to stand back. R. w.s retreating. B.
started and ran back to the house. Hegan fol.
lowed It. with his knife open. My mother had
hold of It's arm, and when she saw B. coming
with a gun she told R. to run home. We all ran.
After 13 fired R stooped down and got his gun
and fired. R was still running when B fired.—
B's gun was pointed towards R before and after
he shot. Ris my uncle.
Mary Simonds, Sr. (Sister 4 the prisoner.)
B kept setting the dog on R, but Mrs. B. tried
to keep the dog from biting R. R said, when be
went home,that he would let B alone,but that he
would kill the dog. When B shot 1 heard some
thing about my head, and think it was the shot
from the gun.
Defendants' testimony closed with this wit•
Deal
Mrs Bottemelli was recalled on the part of, the
Commonwealth, and testified, that as soon asshe
saw the dog was out she,took him bark and chain.
ed him up. The dog wiyt oat but a moment or
two. The dog was naturally quiet, but when he
thought that his master was in trouble or danger
be was fierce She saw the dog run towards the
people, bit her husband did not hiss bim. I did
not see B have a pistol that afternoon.
Om Franklin gilled and sworn.
P. Simonds was pretty well set up on that day.
He could not well stand up without getting by
the side of 'something. Simonds' reputation to
bad for truth and veracity.
John Mc Crary called and sworn.
Peter Simonds was very much intoxicated that
day. Simonds went to B's body and tried to
lift it up, but. could not, and statim i d book.
Jsr O , llPs Vas/ICVI
I air no dog there. If there had been a dog
jumping at R I would have seen it. I saw a pis
tol where B was lying, after he was shot
The testimony having closed, the case was ably
argued by the District Attorney and J. W.
Brigden, Esq . , on behalf of the Commonwealth,
and by .1 H Walker and W. B. Lane, Ray,
on behalf of the Defendant
After a lucid and extended charge by Judge
Derrickson, the Jury retired, and on Wednesday
at about half past 2 o'clock, rendered a verdict of
voluntary manslaughter.
- - --
Trial of Jacob Pout for the murder of Mat
thew Dinsmore.
i2V THE COURT OF OYER 1/1D T/ERMllllit OF ERIE 0,
How Dend Dernaws, reridtuag, erd Hints. Soars! /Mai= amt
Jo 4,4 assecustet
The District Attorney. and D. Craig, Es
Lawrence County, appeared for the Col
wealth. J,
Esqrs. appal
Before a
moved to q
the reason
urali zed el
alignment,
On mot
wealth, a
doutits of t
, The Dis
the judicial
ing the um
ted to be tr
The foil,
jurymen :
Francis Cr
Smith, Le ,
Arbuckle,
Rogers, T. ~ opepd the toss for the Coma
hi : r o oted h oto 7 o ,: t v iz i e n ai g
. a clear, impressive
w $, St ool sworn
ease as the Commons
nwpwe
e facts abo ir ut 11 o'clock, P. M., on
Rogers,
4 May last, to see a man
on the Dock. I found
iu a house at the corner of
Wing on the floor; be was
toes of blood from wounds.
\ts to examine him as to his
mace. Esqr. Craig was:
tad to slate to Dinsmore
did; tellinglim that he.
?rubability die soon. bir.
to repl , ~ ...1 what Timid; Ha
~ 141. answered distinctly,
,ngb suffering much pain. --4
1 by the Je .0., I preceeC
mds. Tu, —in had to W I
was saturated with blood
. discovered three: wonedisi
below the breast bone, about in lash long;
other in his left aide. The third ono a littlei
r- ow the false ribs on the left side. His wounds
aid ceased bleeding** this time. I sewed them
p and dressed them.; I visited him every few
hours until he died , . He died onthittirday more
sing, the lfitheofkay, about 8 o'aloek, A. M.—
I made a postmortem eurnination; there was
very little huge is the appears's*, of the
wounds; they were between three and Eve inch.
es in leitith, and bad the lipp*riums of
made
wounds. They appeared tab*** been Made by a
dirk or knife. The first wound entered the
stomach; the ass ea the side plutettued the edge
13
Si
wsownslAy, Fob. 9, 11349
Foust was
,brought into the room and D looked at
him and salrf he was the person who stabbed
him. 1 was present when D died. Dr's Bran •
des and Wallace assisted at the post mortem ex,
asninatkm. , At large pooket or dirk knife would
infliot gush wounds.
William irdieri sworn
I ant the soti - of Capt. J. Walters. I was on
my father's boat last Spring, and Mathew Dins
more and Jacob Foust were also. The - boat's
name was the Matilda. Dinsmore had been on
the boats month or so, and Foust about the same
time. F and D both got on the boat at Pitts
burg. I was at Erie on the I2th of May last,
and was with F all day and D in the evening
We were around a great deal that day. I could
not say where we were all day. In the evening
we got oar suppers and went to Glover's onEighth
street. F maw. From there we went down
to the Clinton House, on the . Dock, at the foot
of State street. D was along. We were in there
a while, and F said he would play a game of card.
for the liquor. I lan and F paid for it. D drat.:
a glut of ale and took a cigar. F and me (Intik
After a while F treated two or three time,. I)
would not drink, but sat smoking. F peked up
a light and started to go into a dining MOM. I
told Dto come on, we would go home the boat
We started out. Game out and hallooed for
us to hold on. I told him to cow on, we were
not in a harry. F came on an (1 - .) turned and
asked him what he was saying :o O'Brien. F
did not say anything. D begin, to swear, and
was trying to pacify him. lie swore that b'
could whip both of us, and bit me along rode
the bead. My hat fell off, sad I stepped aw
from him to pick it np. By the time I staig'
:-
erred upF "me up andD said to him. go away • ,u
black son of a bitch or I will bit you Dci
motions with his hands and I saw F catch him by
the shirt. I then heard D say to F, don't u•••
a knife. When I went up he said: Billy b. t.a
out me,feel the blood. This frightened me, au ,
I went off to the boat. I left them both thvr
F was standing along side when I was feelli
the blood. He said nothing F said bef"re
struck, this won't do Mat. D struck me w
his fist. F and D were close together wheu
turned around. I suppose I was thirty or f
feet sissy from them. I could not gay whe
D struck F. There were no other angry w
I beard to say Billy a couple of tunes after
I raised no alarm when I went to the ho
said nothing to Mrs. D She was on th
'lt Was between 8 and 10 at night. I nec
D and F to have any difficulty before
drink but the once that night. I
were at the Clinton House a couple 0
We had been at the home before that
forenoon. On that day I broke the
out of F's knife. It was a large
blade must hive been five or am in on
was wide. It was straight on the
some liquor in him that night
head off
wai slap
to
jug all the
was 'Angry
Dar,.
:o ' l The
was one F carried (or a pocket knife F
4 nothing during the day about D A 9 F
lid his band on D's shirt, I saw F's bat failing
in a minute or more, D cried out don't nun' a
knife. During this time D's arms wen 111
Stephen Jackson sworn.
I saw F and D together at Gloctr's groutry,
along,in May, the night before P was k►iled.
asked Dto drink. D refused. F said 1) wnufd
be sorry for it in less than 12 hours. 1) wa:• .►t•
ring by the stove and talking to sown fellows ►n
there. My brother was in there at the ,acne
time. I don't know whether 1) heard what F
said. This was about 4 o'clock in the afternoon.
I was boating at the time.
Andrew Boirsies sworn
On the 12th of May, in the evening, between
9 and 10 o'clock, I heard a - row and lout! talk
on the walk-on the bridge. Then I heard a wan
say that be was knifed. I went to O'Brien'b
house. O'Brien came to the door. Mr. 0 Brien,
Walters, Baker, and myself all went Tbc tinq
man I met was F. I asked him what the row
was and he answered that there was not much al
a row, only a damned jealous son of a bitch had
attempted to kick up a bit of a fuss with him
and he had given him what he thought he de,
served. He said he was going to put up at
O'Brien's. Ott che way F asked O'Brien If
there was not a vessel•in port for Canada When
we got into O'Brien's bar, F took hold of
tore and showed us how he had struck P three
times, and said be had thrown the knife over•
board. He also said that I) would never du an
other day's work.
He did not act or talk-as tho' he' was di
He talked, I thought; very coolly. He s•tid he
had thrown the knife overboard sod be would
like to see them find it. Afterwards I went with
quite a crowd to O'Brien. O'Brien said that F
was up stairs. We went tip stairs into F's room
and be pretended to be asleep. I shook F twice,
and he turned over and looked at me, asking who
the bell I was. F got out of bed finally. Com,
ing down:stairs F wanted to know what in hell
all that crowd wanted. He said he could whip
single handed any man in the house, and that
be might as well die for two men as for one. F.
went into !the bar room and gage O'Brien a
hunch, saying, give me that now. O'Brien said
you gave me ft& F said - yest O'Brien paid
him a five and ten dollar Lawrence Co. bills.—
During this time the Sheriff same in and took
him. I saw Fat Babbit's where D was.. Fen
guson asked Dif he would know the man that
stabbed him, if be saw him. He turned over,
looked around and said- Fwu the nun. F kind
of shook his head at D and said you are a pretty
man:to talk. When fit the bar room F said be
had put the knife into Dgood. We ezantieed
the ground after F was got into jail. We 4104
blood all the way up the hill to where D w a s
found. I have the elotkes that were worn by D
on that sighs. (The wham then displayed the
olothes to the
the knife, and
blood•)
James o'Bri
I kept the P .
murder. Ihi
said he wanted to tell me something. F placed
his hand on my shoulder sod. aid that as of a
bitch (D) is jealous of me. F then walked out
aftor D and . ,,youngltpr. F said as he was
going out, if I quit the damned boat to night,
gala I board here? I said you can if you have
looney lie said he had plenty of money and
would have lots aors *dove- summing. F mid
that he bad given the kailem D three times, as
fast as be could drive—is. Whim I locked th e
bar room door F wanterto go lie said ha knew
he had killed D, and if they caught him they
would hang him. There was blood on F's. right
arm from his wrist try hie elbow.
Capt Isaac Walters sworn.
I was owner of the boat. I knew F carried a
knife. It was a large knife; rather larger thin
a common sibcd pooket knife. My knife is about
3 inches in the blade sod F's. knife was larger
than mini• D was not in the habit of having a
knife F and D were on the boat together about
one w.ntb, and they bad never quarreled before
I h meve
A. A. Craig, Esq. dworo.
1 visited Matthew Dinsmore on the night of
the 12th of May last, reduced to writing all he
said. ,The Commonwealthe Counsel oferd then
to give D's. statement in evidence, u dying des
clarations. The Defts. Counsel objected to the
declirattons, it not appearing that 1) had ex%
pressed a belief, or conviction of his near aps
proach .4) death. The objection was sustained.)
r a ptryin Walters recalled.
I was present when Kr. Craig took D's state.
merit. t asked D how be felt, and he replied,
Oh! , c't live. It was on the occasion of his
ma g Lis statement to the magistrate--just a
f e w in utes before. He said he was very weak.
he Commonwealths counsel then re-offered
t ,, drove the dying declarations', which were
in et.jected to, the Defts counsel to support
ir oty:etioa, calling James P Jolinson, who
ore au follows: The nezt morning after his
elorat ions were taken, I was talking to Dins.
ore about the matter and offered to telegraph
fneuils, but he said not to do so, for perhaps
might get over it. Be several times during
hat and the next day expressed a hope of get
ug. well I administered morphine to him. A
e.bartie was administered to him Mute, and be
.ok nourishment frequently. After Mr. Johns
- in's testimony, the defendants oounsel cited wi
th ,ritie4 to show, that the sense of impending
ath must be constant and continued, and that
any the least expression of a hope of recovery by
the dying wan, would be :sufficient to prevent the
admission of dying declaration: The Court over
ruled this objection. The defendant. counsel
then offered an additional objection to the dec.
laration—that the declarations were not full and
rvrnplete• A A Craig, Esq., the magistrate who
took the declarations waa called, and swore that
the deceased refused several times to answer a
certain question which was put to him. On this
ground, the evidence of the dying declarations
as rejected.
A. McD. Lyon, Esq. opened the ease fur the
defendant, stating that the defence had but little
testimony to offer, and that it would relate sole
ly t/ the great pbyMical strength of the deceased,
and the excited condition of the tninthi of 00 par
ties by previous drinking
Jos 1? Feryuson worn .
lade
The
arid
had
I N3w F on the evening of the stabbing-, I
thought he haul been drinking—l thought he was
intoxicated. I have seen D frequently, be was
sb >ut 6 feet tall, and a strong man
b„,„ th. „ Cross examised
. 1
uld
UM
e tbr• e
I took F to jail, and I judged by Ins
cation from be remark and manner. lie brag
gedap.cl was boisterous.
J r-Jotrestr.
wi !tilt
14 , k u ‘ i
f,re that
n;,-,-••••"r-•i 1. =ma A. C./At r.ll
ebonid think be was a very stout max.
Dr 7' R Stuart recalled.
1.) bad the appearance of being a powerful,
rot:ocular man,
4 ~.., ttbes
0 and !laid
horr,.,ia't
The testimony closed on both sides with this
witneß4 The ease was argued at length and
ably by Itfessr- Sill and Cratg for the (Talmon.
wealth, and 91e39rs. J Y Vinoent and A MeD.
Lyon for the defendant.
angry at
at dav
The Commonwealth's counsel pressed warmly
and ably fora conviction of murder in the first
degree. The defendants counsel contended with
great seal and ability for a reduction of the of.
fence to voluntary manslaughter.
The charge of the Court was pointed and ela
borate, The jury retired about 9 o'clock on
Thursday evening.
Aa" thing
mit-4 with
vwd• lap
r he bad
About t o'clock. the jury in the above ease
came into Court, not having been able during
the night to agree upon a verdict. Judge Der
rickson addressed them again, particularly eluoi,
dating the offence of murder in the second del
gree. Many instances were cited in which the
law of England and Pennsylvania were shown to
differ. In the first country, the oases instanced
constituted murder in the first degree. In the
second, they were murder in the second degree.
► Among the eases refered to was one, in which
intoxication at the time of killing was held to
reduce the offence to the second degree. This,
it was charged, referred to the temporary insanity
or momentary passion that frequently followed
or accompanied drunkenness. It was further
charged, that the law of Pennsylvania presumed
the killing of a person to be murder.
During the forenoon the jay earns into Court
the second time, Informing the Judge that they
could not agree, and requesting to be discharged.
They were informed, that they could not be dis-
charged, but must return to their room and
continue their efforts at agreement.
The jury returned to the Court Room about
o'clock an the evening, and by their foreman
pronounced their verdict "Guilty of murder in
the First Degree." The penalty is Death.
A motion for a new trial and in arrest of judg
ment was immediately made by his Counsel,
which wilt be disposed of on the week of the 3d
Monday of March next.
. if our memory serves us right, and waste
pretty certain that it dues, at the time that Gen.
Killpatrick was elected Sheriff, the opposition
raised a hue and cry that he would ruin the
County. That all sorts of financial and other,
terrible troubles would in oonsequenee of his
election harrass the good people within his jut
risdiction. We were led, to notice this remi..,
epee, from a glance .at the statement of 1 4,hei
County C )mmissioners lately published. It she
tbat the General has promptly and full squared
his account with those gentlemen. Mead of
the financial trouble, we have had an early die'
charge of liability and duty, greatly to his credit
and suocessfully rebutting all the ungenerous
anticipations with which some of his opponents
greeted his election. Wonder if it all meant,
that he was a Democrat? •
r The seventh lecture of the' regular course
was delivered by the Rev. J. C. Forrester, of this
city, on Tuesday evening last. The subject—
" True. and False Power," opened of mane a
wide field for philomphimil inquiry and anticipa.
tioo. The subjeot was handled in a masterly
manner. And we do bet overpraise the perfor•
mance when we say, that' taken as a whole, it
was a fine array,of true thought and, rich, apt
!migration. Mr. Ye. delivery is good. Hie
gesticulation is grateful And erpteesiva His
voioe is sonorous and bears long esterties with
out lessening in volumn or growing Imam in
tone. If the an4Maregenerally,and we have Ward
nothing to tile. contuary, linens well pissed se
we wanks ailleatennateekjewwwir was ass• entire
SUCCESS.
The next lecture 'trill be delivered b 7 the Rev
L. G. Olmstead, Principal of the Erie deademy
FM
FRIDAY MoaNnea, Feb. 11
N W Y
rCoreelpistbsee of the Pate ()bee,
Ntlr
Tiler which was
ivy St
the .sneial "pressure t ,
to us in fall ads ' Th e WA?.
tub to
nil io freely from
dd dye ar prosperity, sort ewa
ir
looking somewhat as tbry t, : 'lt
east sod jolly of oonoteosee, 4
goo d „„„ aza all jolly; 'bee lc Qc
feel it, *sea down to the pit .
to the errand boys in the fri lo i 4t., q
there is it good business doing yu ret.
dints/y pleat, in the errsod
U „1,„0„,„„ry oonsequenen
to the coffers of the ititiert at k ,,
mandenturing village the people
e t
erwise, according as the pnee o f
Ging or dooliaing; in a wheat vr
actuary men's spirits rise an ti i a ,
and fall of produce; here a
incilestes the state of the wholesale
also iadioateihe temper of mlnd .;.r=
of the population, if ox the wh,,,
pees of business for Spring a ace,vr..
me spreading ourselves accordingly t,
ioiy breath of the owning ;gale of p r.
Itioher displays of goals will be nud e
k eg ti ns past; the quantity of dry
and imported
will not be larger or
has been in some seasons bat PV„yth a
via the meet attractive style F„
sea, silk, lawn, &e., the mos:
in vogue, The new coloriknos t .
a kind of crimson purple, of whi , .±
need a description, is very popular. to:
introduoed even into shilling calicos,
great extent. Double skirt robes ir
worn in summer fabrics.
Amusements are also flourishice s•
of country trade increases; we have ay.
retil trade which comes in MUC3 rs-,
sad crowds all the theatres, the cia”
in at this season are wholess, b uyer ,
mesas".and rather incline to !tin
, 3rte
way of theatrical performssecs the
Cousin" made a good hit, au,.l a p.
she same piece is now succeedtne. p re ,.
In literary circles the ft tory .i
tie," entitled "In a Cellar," recetve
of attention, being regarded a
power in the writer, who la
young lady in Worcester, M.
happens that mins leaps at tqn_
its firat brief effort, as in ae
ler, whose .. " Nothing t W• v .
warms of a month a rotor:ay:el psi:,.
American authors But like an ;14; .:
which blossoms premature. ; ~ 1,7
.107 thing is truly alarmiug
DZKOCUTIC COUNTY C
The and i.raignect Democratic Centre,
call upon the Democratic voters of the f.
respective places of holding elector*, n -b.
of Febrearty, 1569, at 2 o'clock, P L •1 .
and sleet tire delegates from tact. Ws, ab,; •
attend a county euneention to be bold to • t.•
28th day of February, 1859, for the torpor
ernitaUves and n nonneeunn utth Crimp rd r
delegate to represent the county to t - A
State Convention.
Ti. pearocrats of Um East Ward nf tbr
1 Wald* V. IL, pith.. moss day, at the
corner of 6th Lad elate Street, sod •
Wet Coq de!' room, sad the rya, t,.,.
tiaitett, V DEAN,
WALLACE SHERMAN
r sLOAN,
Lnik, I.b 12,11161.
ale' The Erio OtAr r Ls•l
itor and pert owner of .and
tinned to the eubectiber• .
Sloan'• individual cuutr,..
NOTIC'E
'Phe undersigned ha
pointed Receiver, by the l .flar
mon Pleas of Erie Cour.tv
Lithe "Printing Office oftl„t
server Establishment, with ai
as they belonged to the .a.-
Sloan (4:, Moore: all person,
to the said Sloan & L --
ed to make immediate
those having claims or &man: ,
the said firm will make k..
same without delay.
ing before the Ist 315::
will be settled witb i,t •,.
vance, all after that '-
accordins• to the publif4,,:. •
subscription. , J. W' Dot '
Fate, Jan. 26, 135 t,
lift. We learn that A. C. Laxi>‹,.. c r
appointed Keeper of the Land Light
win foe the poettion.
At a considerable exert;.)r
ported the evidence in two exattlu‘l:
that have been progressing In
Court during the past week Ka c.c
terest that has been felt in both
commission of the offences, w' ;
history of both transactions, a ,
who saw aed knew the fact., - vii.:
wresting to our readers quo say
that we could give them.
ler"We gay broadly sod b 1
rather that the right hand wipct
should wither, than that it ' 0
him (Douglas) for the hlghr.: '
the gift of the American peep
Sentinel.
It would do the hand that p,a3e.;
some good to "wither" ' just a ;,r
owner the grant folly of t.tieo 3:.1
Both houses of the lans:-
passed s bill providing in tL ,
the State constitution sod
Kansas. The bill provide. t r
4th Monday in March to dee;,le
the bolding of a oonveut lop
If the decision is fsvorsVe iL
dele will be held on th . •
the ricention will meet on ee
July at Wyandotte City
N :2 old diggings have been
the waters of the Miseour 011
b°, rhOod of Stephen's Pato It
Plentiful, bat of inferior tioadlY
The mines oan be very Dee'
steamboat navigation.
Prraat•io.
The William sod Nary Coier
burg, ioeludiogibe library aad
destroyed by fire at 3 o'clock ILI'
was the oldest institution in Abe
students all escaped, I n ruratic-
---
-
8••• w. vans cJagr,..,
W era's.
Atm Partlagieto bm tioueir • ;I '..
he alway• goes of to a deesoter
Wises a •omaol - Au trrie• • wsr.o
Users sad dressmakers
Who what, but little 013 bet hea.l.
Bat nosh bolo, to woke ber 'pro+
n
J W 1.1)1 .1
=
CM