The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1850-12-26

beih--telling her that he was at Plttsburg,
and that her daughter ho had not seen.
II Is said, however, that all Elizabeth
Smith said about her pregnancy, her abor.
tion, and about Doctor Crandall's giving heI
medicine 10 cause it, is erroneous that her
riding through the country with the Doctor
without the knowledge of her parents--the
very weak ard mbecile condition of her
body-ihe taking of medicine under the di-
reciion of the Doctor and by his written
! prescription; was merely TO cure her sup.
pressed menSt,uation that she underwent
all the pain and anguish which she suffered
for weeks, away from home and relatives
part OF the lime--that her death, in fine,
was caused BY perseyering in icll9wing the
prescription of her hysician in {" "Ubsrrno-
ton of the menses Was not she on her
( death bed when she told Doctor UpdegraG,
/ her sister, and her broiherin-law OF her sit
uation! Would IT not be singular if at
such time she would falsify? Did she not
tell Doctor Updegraf that she had been
pregnant and had lost her child? Did she
not tell hun that Doctor Crandall had given
her medicine 10 produce All abortion? Did
not Doctor Updegraf sind her situation such
as 10 be satisfied that she told him the truth?
Wher the Rev. Mr.. Elsegood visited her on
Sunday he impressed upon her mind the
Importance of dismissing all hopper of re.
covery, and she exclaimed despairingly to
her sister "Oh Jane, must | die !n Were all
these declarations of dying woman shortly
- appe ar before her God & who was told by
her professional attendant that she would
not live long, that the great probability was
see would die devoid of truth? If you re-
ject the dying declarations of Elizabeth
Smith, then you have not sufficient evidence
OF the gnilt of the prisoner to render ver-
dict against him, But if, on the contrary,
yon are well satisfied that he caused her
death by unlawtu! means, by administering
savin 10 her 10 procure All abortion; then,
unless there are other ieasops to justify his
acqnittal, you ought to find him guilty.
It has been very ably contended by the
learned counsel Of the prisoner that there is
not sufficient evidence that Elizabeth Smith
made the declarations testified to, under
sense OF impending death. Lord Chief Ba-
ron Eyre lays down the law that 10 make
dying declarations evidence, they must be
made in extremity when the party is at The
point of death and when every hope of this
world IA gone VIXEN every s.,otive-,u fft.ll--- E
hood is silenced, and the mind is induced
by the most powerful considerations TO speak
the truth. A situation SO solemn and so
awful is considered by the law as creating
an obligation equal 10 that which is imposed
by a positive oath in court of Justice.
Greenleaf, in his valuable treatise on Evil
dence, lays ii down that ''it is enough if it
satisfactorily appears in auy mode that the
dying declarations were made under a
sense Of impending death whether it be
directly proved b. the express Language of
the declarant, or be inferred from her evident
danger, or the opinions of the medical or
other attendants stated 10 her, or from her
ct.1duct or other circumstances of The case !;
all of wbich are resor,el 10 in order TO as.
certain the state ets the declarants mind"
''The count in the f..A place determine
whether these dying declarS ions shall or
shall not be admitted to go TO the jrry. But
afe the evidence is admitted by the cGuf',
its credibility is entirely within the province
of the jury, who, of course, are at liberty TO
weigh all the circumstances under which
the declarations were made, including those
already proved 10 the couri; and TO give the
testimony only such credi, as upon the whole
they may think ii deserves" Green'eaC Sl60.
The jury in the present case will inquire
whether the deceased was in such a stua-
ton and under such circumstances. as crea,
ted an obligation upon her miud TO state the
truth, equal 10 that which is imposed by a
positive oath in court Of Justice-whether
she made the statements which have been
testified 10, under the sense of impending
death; and after asceriaining what declara
tions, if ary. were thus made the jury must
determine upon their credibiliiy anc put
whatever reliance you may be satisfied
ought to be placed upon them.
This point has been dwelt on at great
length by the counsel for the prisoner, and
they have strenuously contended that her
declarations were not such as ought 10 be re.
ceived. Without going minutely into the
testimony, il is only necessary for US 10 state
10 the jury that from the declarations of the
deceased on Saturday and Sunday before her
death, the court considered itself bound TO
submit those declarations TO the jury; 5eliev-
ing that they were made by her uader a
sense Of impending death, and we have heard
nothing to shake our confidence in that o.
pnion, John Gunton testified that she said
on Saturday "oh John they have killed me, I"
that Dan Rankin had bribed Doctor Cfau-
dallto fetch her away--that he fetched her
away from Nan,icolse dam to Bloomsbury
that he had persuaded her 10 come away,
and had given her allthe medicine she had
with her--ihat the medicine he gave her
was for the purpose OF bringing the child a.
way from her; and that ii had done it--it
had the effect. 'tShe said the child came
away from her on Saturday after the Thurs
day she came 70 my house,
The Rev, Mr., Elsegood went TO see the
deceased on Sunday morning at the request
Of Doctor Updegraf, who testifes that she
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