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

ne counsel Tor the commonwealth nave
candidly admitted that the facts in the cause
do not warrant verdict against the prisoner
of murder in the first degree, but ask you &c
find that he is guilty of murder in the sec.
ond degree. twill not THEREFORE be neces
sary for you TO inquire into the distinction
between murder in the first degree and mur
der in the second degree, because Common
wealth does not ask for the conviction oil
the defendant of murder in the first degree
but you will observe that the act of assem-
bly, requires that the jury before whom any
person indicted for murder shall be tried,
shall if they find such person guilty thereof,
ascertain in their verdict he,her it be MUIR
der of the first or second degree"
! In proceeding to- examine the evidence in
the cause, the jury are to presume that the
prisoner is innocent of all crime, until you
are satisfied beyond all reasonable doubts of
his guilt. Has the evidence satisfied your
conciences and your understandings that his
guilt is established bel ond reasonable doubta
The prisoner is entitled TO any and every
VIC" VI tiO iutis tOlIoistCut WIFI HIS lIHOs
cence, and he is entitled TO an acquittal if
you can take such view of the facts as will
enable you TO entertain reasonable doubts
of his guilt; but if you are satisfied that his
guilt of the offence with which he stands
charged is clearly established, then ii is your
duty TO find him guilty.
What ,cas the cause of Elizabeth Smiths
death!
In determining this question the jury will
take into consideration the fact OF the pris-
oner wishing her at Providence al the request
OF her mother-.he meeting of the deceased
with the prisoner al Mrs. Tuttle's at the Nam
ticake dam--ther journey 10 Williamsport
and thence TO Peter Shady's where they re-
manned some three or four days occupying
the same room-their arrival at Bloomsbur5
at BrsIdy's Inn on the Gath Of July last, and
their srpera,on at this place where he went
Northward and she started in the stage 10
Danville and arrived the same evening a.
tho residence of her sister Jane Gunton.
From the testimony of DR.. Updegraff it ap-
pears that when she came from Bloomsbury
! TO her sister, she took tea at the Doctors
house, and he observed an rneasiness about
.het and that sho was suffering pain; and
drew The inference that She was perhaps in
the family way. On Thursday evening sho
arrived al her sisters near Danyille; on Sat
urjay following she was taken very sick,
and on that day, according 10 tho testimony
! Of her sister Jane uuton, the abortion took
t.i,>ee, as Elizabeth Smith afterwards told
her. Her sister found her bed clothes very
bloody ,.snd changed them. She tesiilies
,ba, she say Elizabeth take medicine seve-
raj times out &C the bottle with the glass
cork, which Dor,or Scott tesiies contained
oil of Satin. Ga th,, Friday before she died,
she first told her sister that she had been
with child, ard ha, the Doctor had given
her medicine to produce aboriicn, and on
Sunday afternoon told her sister she ic.ad no
hopes of living at all. On Saturday, be-
coming worse, Doctor Updegraff was sen,
ior, and upon wishing her and examining
ner situation, he told her she would not. live
long and he thinks he told Elizabeth that
he thought she had an abortion-ske replied
that she had that she had been in the fami-
ly way that Doctor Crandall, through the
solicitations Of Mr.. Rankin, had undertaken
to produce an abortion; and that the mede.
cine was put into her hands by Doctor Gran.
dali with directions how to use it, She
showed him some empty phials, and two
partly empty. One had glass stopper.
The Doctor smelt and tasted the medicine,
and he supposed it 10 be the essential. oil Of
savin, in part Upon inquiry by the Doctor
as TO what Elizabeth had done with the
child, she told him she had buried it and de.
sclibed TO him the place. The Doctor, by
himself and in company alterward with sew
eral others, carefully searched for the child
but could not find it. John Gunton says
that Elizabeth, on Saturday before she died,
told him they had killed her. He tes,ifies
this-''It was on Saturday, l think, went 10
her room. 'oh john she said, they have
killed me ~
The appearance of Elizabeth Smith after
her death-the hardness of her breasts; and
| The bloodiness of her bed>-have been iesti-
fed 10 by Martha Saunders and Susan Filzi.
mons. Many physicians have also been
fully examined on the question whether saw
in might or ought not 10 be used when a
woman is pregnant and how far, it is prop
! er 10 use !. as medicine in menstrual OBJ.
s,cclions, All evidence which the jury
NAV os!lisye applicable TO the question, arlsat
caused the de.t.a Of Elisabeth Smitha win be
carefully considered, and you will determine
whether her death was caused by savin, or
by sav,n and other noxious ingredients.
| Did the prisoner cause the death Of Eli=a.
beth Smith,
If the jury are satisfied that her death
was caused by savin, or savin and the other
ingredients set forth. in the Indictment, the
next inquiry will be for you TO determine
whether the prisoner caused her death. This
is fact for you to decide, exclusively and
in SO doing, you are TO take into careful con
sideraiion all the facts and circumstances
4 detailed in evidences. In addition 10 wha
we have alre ady referred, in considering the
\ evidence as TO the cause of her death we
would call attention Of the jury to the writ
d A Z 4