The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1850-12-26
BLOOMsBURG, COLUMBIA COUNTY. PA, THURSDAY. DE


said she could moi ihinli OF dying, aud tha
she was uiprepa,ed 10 leave he world. The
minister told her h, was very low aud per
| maps would not recover Then she utieret
all exclamation 10 her siter ''Oh Jane, mus
die; J" and she frequently reiterated tht
same remark and said in a despairing man
ner that she could not die. MIR. Elsegoot
approached her bed and and impressed upoi
her the importance oil dismisslng from he
mind all hopes of recovery
Her sister was her nurse and almost con-
stantiy by her bedside on Sunday; and in
that afternoon Mrs. Gunton asked her il
she was willing 10 die. She said "Yes--she
thought it was hard TO die for that cause.'
She said The medicine was given TO her by
Doctor Craudall 10 prodnce abosIion--that il
look place on Inc Saturday week previous to
her death---tnal on that day-her bed clothes
were mucd discolored aut; J1sody. On that
same Sunday alleruoon, she testilies, her
sister told her she had no hopes at all Of iv-
ing.
Doctor Updegraf swears shat when he
first visited her he considered her dangerous
that he supposed she lad an abortion
that the probability was she would not get
over il, aud if she had any thing to commu-
nicate 20 her friends she had better do so
soon. While he was with her she would ex.
claim "my God, Doctor, is i. possible that |
must die p On their first interview OH Sat.
urday morning The DR.. says after he told her
she was dangerously i'll, she replied that she
had every confidence in him as physician
aud was certain he could save her life On
Sunday afternoon, (the Doctor says in his
cross examination when she was in a dy.
ing state-when her extremiiies were getting
cold, and gangrene had commenced its work
Elizabeth INDUCED the hoae.o getting bet
ter and asked him if he did not think she
was better, but he forgeis the reply hemade.
Much reliance is placed by the counsel for
the prisoner on the testimony of Doctor Up
degfalf 10 show that the deceased had hopes
OF recovery until Sunday afternoon, but
where testimony OF. different Witnesses is
variant, the court canno; rely upon the tes,i-
mony Of one and reject the others; but il
satisfied that the weight of e,idence shows
that the deceased had no horcs of living at
all, and had dismissed from her mind all
hopes Of recovery, we must submit her dy-
ing declarations 10 the jury, in order that they
may weigh all The circumstances under
which the declarations werc made, and give
them such credibiiily as they think is meri-
ted.
The cnnnssl 4a- The sdes@rys1ssha-e salisI
upon the court TO decide that we have no iu
rlsdiction to Try him, and have attempted,
without effect, 10 prevail upon The court 10
determine that question ir. favor of rhe pris-
oner. His Horror Judge Lewis, in his trea.
tisd on Criminal Law, page 4oS. says--"It is
the duty of the court 10 expouud the law 10
the jury, and that.expositian ought to be re-
ceived, unless the jury couseientiously be-
lieve it 10 be wrong, in which case they are
not bound In a criminal ca5ethe Jury are
the judges of the law and the facln The
leaned geniIems1SFho are concerned for
the prisoner aszsoon as the court decide a
question OF law agains. them, ,nrn TO the iu-
ry and say the court has decided erroneous
iy. You Gentlemen of the jury, are Judges
OF the law as well as the facts, and therefore
every important question Of law as well OF
fact is fully before You for oray6r~1iecision. II
yon conscienliously believe thai NE co1u is
wrong, then you have right so TO decide
aid if you are of opinion that yos have no
jurisdicncn 10 Try the prisoner your verdict
ought 10 be not guilty In Greenleaf on Evi
dence, 40 note is contained the following
remarks Of that eminent, that talented man
Juslide Slory.-[ Here His Honor read the er-
tract from Justice Sioyy, uhieh we enpeeted to
hare obtained in time for this place, Strange to
tell, the rork is aot in The toCa If tcc receive
il IN time, ace ,ciA give il on our inside
What are the facts in The present case on
this question Of j,risdictioH2
On the Sd of May 1850 the legislature
erected portion of Columbia county into a
seperate county to be called s'AIontour.';
The county of Moniour by virtue of the act
was authorised to elect county officers at the
election in October 1885, An suits pending
in the Court of Common Pleas where The
defendant resided in Montour county were 10
be removed on the first day of November
last. On that day the county of Montour
was 10 be considers1 organized, and by the
18th section of the act Gall writs and legal
proceedings shall be issued aud conducted
in the same manner as though this act had
not been passed urt:l the first day of No.
vember (heu) next, at which time all re.
cords ard proceedings properly bclon ging to
the county of Montour, shall he transmitted
TO the proper officers in the said county and
proceeded upon By the proper authorities OF
the county of Moptour."
On the 9th of August 1850 Elizabeth
Smith died at the township Of Mahoning, in
that par of Columbia county which was e.
recied into the county Of Moniour. A few
days afterwards VIM. II IL Crantlall was ar
rested in Luzene county on charge Of hav-
ing caused her death by administering sayin
sc. TO produce abortion, and brought 10 the
jail of Columbia county, for all tn at time
there was no Jail, no sheriff, no county Off
GERS of any description in Montour county.
At the August Oyer and Terminer of Colum