The republic., 1851-01-30

4 und winch enOulu DC btatco " ulreCI reference o
the testimony before the court.
| ia. II. Clarvoc after describing the visit 20
Schad's, said:
know who he was) said, 'let US go TO the fire John
| or boys' Camper was in the room He jumped
up and said, come on or something of the kind.
! don't recoect what il was particularly. said
'wait till light my cigar ! lit my cigar. then
| discovered that Frank was gone. started out the
Icy door or way, same way came in; got out 10
end Of aileyj got on the pavement; saw two men
were standing there; supposed they were clinched
saw one was Frank. ! walked up and said.
Frank, what 10 the matter" Frank turned round
and said, 'go away or something TO that effect.
With that walked up, took hold Of Frank on his
left side, and Of the man MS right eide think
at the time took hold of Frank took hold Of
both. I sort of showed Frank. and told him to go
away Then Frank took hold OF me, pulled me
against post. walked up to the man. struck him
somewhere in the face with his hst | then
walked up and took hold of Frank; they had
hold of each other. He and the man had hold
Of each other by the collar Then Frank grab
| bed me, I.tbnk, on the right side. As Frank
| grabbed me, he jcrked me. held to the man.
and that threw the over against the door
or window don't know which. BY the force of
the jerk went over by the gutter Ii Pm not mis.
taken, had TO step out Of the gutter 10 keep from
falling. recovered myself Saw Frank walk TO.
warcs the man and bend over him. His (Frank's)
! arm with his shoulder, his right leg bent
| The man seemed TO be in the position Of rising.
|
| cloeo to Frank heard him say Damn you. take
that or Take that, damn you As got close
10 him saw Frank jerk his arm up. Frank raj sed
then, aud we both started OF together. When
| Camper raised bis arm up saw knife in his
! hand. fKnifc exhibited ] don't know that this
| was the knife. Cross bar Of this knife looks like
the one he had He still kept the knife in his hand,
We started off together upShe paeemr mt about ten
PAGES Frank crossed the gutter, and as he did
he put the knife in his left breast side. ! kept
ON up the pavement"
| Upon being recalled this witness further said
"When came out saw two men together.
didn't stand on the pavement before the porch,
recollect. had light coat. drank out OF a
| dish at Jackson's--so did Camper AM aware
| that l took heavy charge by drinking out of Il
| dish. Camper I'd on brown with brass but
tons--dsrk coat. Don't know WIN said let's go
| the hre.' IL was not deceased. The tall man
| standing at the bar. might have known him or
| not from his calling me John Camper replied and
went out, and when turned round thought the
tall man was still standing at the bar. When got
out the two men were together. It looked to Inc
like as II Camper had the man by the collar, and
the man had him by the collar. They stand
ing near the fence. Didn't Franks other arm.
| The man stood up straight like--not braced. lie
| didn't come up with a run-stepped back, and
stepped forward again. took his old position. Don't
| remember seeing Ragan that night before"
Herman J. Schad is relative of the proprietor
of the liquor shop tavern at which these events
occurred. He had been AT the fire in the neighbor-
hood 70 look for little while, and on returning
home at midnight, later, went to his bed in a
chamber in the second story; but, as the noise in
the house and its vicinity prevented his sleeping
he arose and went into the front room overlooking
the street. This room has three windows. He
leaned out Of the middle window. Here he could
abroad into the street, and could hear what
being said in the alley and the house in front;
but narrow shed protecting the whole length Of
"a liz,
pavement for several feet from the house. His tes-
timony was as follows:
81 was at home the night of the fire. went
! to the (re for "a short time When returned home
laid down to sleep. think it IL o'c!ock
| might be quafter-past or half past. My chamber
Is Il back room in the second story. could not
sleep for the noise. got up and into the front
room, which ovcrlooks the street IL has three win
dove. looked out of the middle window the
shed. got up about haitian hour after getting
back home, but not certain To time, for had
no time piece. While at the winSow heard two
men coming out through the alley. They were talk
ing, don't know what about. After they came
out, they stopped the gate. could not see
them for the shed. One of them said Damn son Of
| bitch, now you've got enough don't know who
| might have been under the shed. Did not tho
man speaking. After the words we're spoken, one
| oil the men came out on the pavement, and went
| back again One man said, Damn of bitch, ,
&c, and the other came out on the pavement t
| When the one came out, the other went back and
not n word. Both these men we're concerned IN
| the 6ght. Two men went away; ihc third must
| have remained. When the two men were under
| the shed sawno other person. Two men had
come out Of tho alley. One OF them used the words
have spoken. | then no one in the street
Two then went off together. They
nearly alike in size. ] was at the window about
half an hour. went to bed. W here siaid pntil
heard call for a candle, aud some say man
was hurt tQuestic by juror ] Before the two
| men came out saw no Que of the two men
stood for litle time on the pavement. but went
back and kicked some one. After this no person
passed in or out until the alarm. For perhaps ten
minutes after the departure of the two men all was
| quiet"
To this testimony it need only be added that the
knife subsequently found in Campers possession
had blood upon il, that it was such knife az must
have inflicted the wound, and that some of his
! clothes had stains upon them resembling. blood.
The testimony before the court was exceedingly
voluminous; but all that is essential is here given,
| the rest being simply corroborativc.
1t was prayed by the counsel for the defence that
the following instructions should be. given to the
! jury, viz:
l. IT, upon the law ard evidence in the whole
case, the jury entertain reasonable doubt OF the
| prisoners guilt, they are bound 10 acqLit hin.
! 3 II the jury believe, from the evidence, that
the witness, Clarvue was present, aiding and 1Det-
| ting, assisting the prisoner in ovrlpg violence
fray which led to his death, then he is an accom-
plicc in the transaction. and his evidence ought
not TO be believed; and the jurors ought not to con
vict the prisoner upon il, but there must be disin-
ieresfed corrobo,diing proof that she prisoner ac-
tuaily participated IN The offence, and oi the ma
| teriai circumstances in the case
II the jury find, from the evidence, that the
deceased was killed by blow inflicted with knife
| by the prisoner, and that the was inflicted
while the prisoner under the influence OF pas
sion, arising under provocation caused by scui-
ic with deceased Mt the time, other act OF per-
ronal violence, that the prisoner might not be
considered at the moment the master oil his own
| passions, then the law, in compassion to human
in6rmity, holds the offence ia be mansiaughter
only.
The counsel for the United States prayed that the
following instructions might be given TO the jury,
viz:
|. l. Ii the jury believe from the evidercc in the
case that the deceased was killed by the prisoner by
means Of a blow inflicted by kniie, such killing
| implies malice in law, and ia murder
! .. That The burden of rehuiting The presump-