The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1838-02-10

10 me Jury.
GENTLEMEN OF THE JURY:
Thomas Il. Poke, the prisoner at the
bar, is charged with the crime of murder.
The indictment charges him with the murder
of John Dolnell by striking him upon the
head with an axe on the 25th of November,
1887. To this indictment the prisoner has
placed upon the record the plea of "not
Guilty." and has put himself upon his coun-
try for trial. You are that country, and it
is for you, after you have heard the neces-
sary instructions from the court upon mat
ters of law, to determine upon his guilt or
innocence. If he should be found guilty of
murder of the first degree his punishment is
death. 1t is therefore of immense impor-
tance that we should give the case our most
careful and solemn deliberation in order that
we may arrive at correct conclusion. We
must guard against the commission of any
errors which we may never have it in our
power TO recall or correct. II is said that
an excitement prevails in regard to this trial.
Where the life Of fellow being has been
suddenly taken away and charge
OF murder is made, the sympathies of the
people become enlisted and an excitement
is usually produced. But il is not known,
nor is it proper 10 be known, whether this
feeling is for or against the prisoner. 1t
is to have no influence on your minds what
ever. The solemn obligations you have
severally taken require you to pay no re-
gard to any other considerations than those
arising from the law and the evidence in
the case. There is no reason to believe
that there is any other feeling abroad than
a natural desire to see justice administered
according to law in case so solemnly in
teresting to the prisoner and the public.
1t has been stated in the opening that we
are answerable at the bar of public opinion
and at the bar of God for the manner in
which we discharge our respective duties on
this occasion. Public opinion, on proper
occasion, is deserving of most respectful
consideration. But it is to have no inhu-
ence whatever in this investigation. We
are to determine this case solely according
to the evidence, and the laws Of the coun-
try, holding ourselves answerable only at
the bar of that Omniscient Judge who judg-
es in righteousness as well as in mercy.
We have been aided in this trial by able
and efficient counsel. Painfully as the
prisoners coun5elfmay feel the Irresponsible
tiles which have fallen upon them, they
may rest satisfied with the reflection that,
whatever may be the result, they have dis
charged their duty to the prisoner worthy
Of all praise. The learning and zeal which
they displayed on the occasion in his be-
half fully acquit them of every obligation
which they owed to their client. The
commonwealth counsel have, IN like
manner, discharge the duties which they
owed to the community with zeal and
ability deserving of equally high commen-
daton.
When we owe an obligation it is proper
10 acknowledge it. 1t is all important, in
considering this cass, that there should be
no doubt in reference to the cause of John
Dornells death. The post mOrtena exam
ination, skillfully conducted and clearly de-
tailed in evidence by Dr. Russell Park, DR..
]. G. Murray, and Dr. VIM. McMahan,
leaves no doubt on this subject. They found
upon examination fracture in the scull ex-
tending from one side above the ear around
the back part of the head to the other side,
of the length of nine and half inches,
with transverse fracture extending three
quarters of an inch from the large fracture.
They also found exhavasated and eOagula-
ted blood, between the scul and the brain
q speak not of membranes, for they are
not materially in mass of or inches in
diameter and one inch deep. There were
other injuries apparent in the body of the