The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-25

Trial Of james Dan, for the Murder Of
his Twin Brother, ut Butler, Pa.
.,s% sns Ra;sr e. Dfss'r aa No..
der. After empsnneling jury, the defendant plead
"not guilty" TO the charge.
This was . case tried in our court last week. in
which James Duff, Of Buffalo township, was charged
with the murder Of his twin brother, William Duff,
on the 2lst Of April last. The circumstances were,
- detailed by the evidence on the trial, that
about the 2ist of April, 1851, William and James
pu were together engaged 10 driving cattle along
OF Butler. Evidence was given of differences OK
isting and bad language passing between the broth
ers along the road, during the day, and late in the
seen, they seemed to be under the influence of bad
feelings towards each other. After leaving the
house Of MIR. Smith, the point mere referred to,
noise was heard, and believed to come IRON the
brothers; but the circumstances under viii ii they
left the tavern seemed to justify those who heard
the noise, in passing away without paying any par
ticular attention to what seemed to be passing be-
tween the Duffs Nothing further was heard Of the
parties until the next morning, when the lifeless
body Of William Duff was found on the road within
twenty or thirty rode of the tavern ct which they
were last seen In company. A number Of witnesses
were examined, the object of which was If possible
to connect the prisoner, James Duff, with the muir.
der. ItwasprOven that they had been at the tavern
together-that they LEFT that under excited and bad
feelings towards zach otherthat noise, as of per-
sons quarrelng, was heard, near about the place
where the dead body was found, and in the direc-
ton taken by the parties when they left the tavern;
Tat the prisoner was met few rods fro the place
without hat, who, on Interrogation, gave rather
confused account of himself; that he was he first
to discover the dead body of his brother the next
morning, and that although he had, on the evening
previous, obtained another hat, he never pretended
to account for the loss further seek the
~ Of the lost hat We will not pretend to give q
detailed account of the testimony, as q notion is
pending Tor o new trial. which, if granted, might
be prejadiced by prem AZURE publication Of the
evidence already given. The case was ably con-
tested and occupied the laborious attention of the
court for four days. most excellent, lucid, and
comprehensive charge, was delivered by Judge Ag-
new to the jury, on Thursday evening, and at an
early hour on Friday morning the court vas sum
ceive the verdict, which was that the prisoner
guilty of murder in the first degree. On motion of
Mr.. Smith, the jury was polled-that is, that each
jurors name be called, and that he be required to
give his verdict separately, in the presence Of the
court and the prisoner. Each juror answered en-
phatcally, equity Of murder in the FIRST degree"
A motion was then made by Mr. Smith for q new
trial, the argument for which will be had on the 9Th
OF January next.
The prisoner seemed to bear up under the pres
sure of the evidence against him pretty WE'LL until
the court had recorded the verdict of the jury,
when the reality Of his situstion seemed to burst
upon him, and he sunk beneath the load-he weDt
like a child; but it was too late-a brether' blood
was shed, and cried unto heaven for veAgeauae .u
appeal is made to the laws of our eountry under
which all are alike the subjects ofprotec After
full and labori0us examination Of the cause by a
patient court and the sleepless vigilance eminent
counsel jury of his country has found hi guilty
Of shedding the blood of twin brother-guilty Of
murder in the first degree. What the result from
a motion for q new trial may be, we do not koow
butwe will reserve much that we could say on the
subject until after the RubcoR is passed.