Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1857-05-20
REMARKS OF COUNSEL.
"EnrEcn NJ,

WEDNESDAY, Nav s.
Tho Court met this morning al o'clock
and Hammond for Commonwealth, summed
up. His speech, which certainly was an able
effort. occupied the entire forenoon He went
over the whole history of the case, and discon-
nected the evidence in masterly manner
Before Mr.. Hammond commenced, he receiy-
ed information that younger brother was
drowned last night in the river below Will
liamsburg This melancholy event did not
deter Mr.. Hammond, however. from dischar-
ging his duty to the Commonwealth, although
he syio1utly Va III ease aur,ug me deliy-
cry of his speech
During the delivery Of Mr. Hammond's
speech, one OF Mchim's old acquaintances ap-
peared outside of the railing, In a high state
of excitement, gesticulating to attract the at
tention of the prisoner McKim did not re-
cognize him-whether Intentionally or not. I
cannot say His name is Louden, and saws
he is from Philadelphia
The defence was opened in the afternoon by
ii. A. Bigler. Mr. Bigler read authorities
IN regard to convictions on circumstautial ev-
idence. This was Mr.. BIS maiden effort, hay-
ing only been admitted to the bar last week,
and was very creditable for a first effort,
Mr.. Jolly for defence followed. The main
point of Mr.. Jolly's argument was, to assume
that through the carelessness of the conduc-
tor or brakesman, Norcross might have fallen
from the train, severely injured himself, and
afterwards attempted suicide with razor
This hypothesis is based upon the fact that
the solicitor Of the Railroad Company is as
sisting in the prosecution, and free passes have
been given to many of the witnesses, in order
TO free the Company from the liability of dam
ages for the death of Norcross. a
Col. Ho6us for defence ncS. ssy,,,,oved He
efdeavored to invalidate the testimony of j.
u. Fleck-and also that of Mr. Warfel, The
former because of lack of time between the
alleged murder and the time of taking break
fast at the house of the witness; the latter. be-
cause Of an error in the date of the alleged
time of seeing McKim. The learned counsel
advanced the hypothesis that McKim n,ioht
have robbed Norcross and not murdered him.
and supported the ground assumed in very
ingenious and able manner
THURSDAY, May 7.
The plea of Col Hofus last evening, in be-
half of the defence, was concluded little af-
ter 9 o'clock. 1t was learned, labored and
eloquent effort in Behalf of the unfortunate
prisoner. and it is but justice to him to saw
that be made the best out of a bad cause
Had it not been for the unfortunate admission
of the accused made to koons who arrested
him-to Mann in the Bloomsbury Jail, and to
those inferred in his letter to Bonner. be VOID
have had ut least shade of q chance for his
life. III.
This morning Thad. Banks plead for defence
He opened by explaining the law of circum-
stantiai evidence quoting from Wills on Evil
dence. de next supported the hypothesis
that the evidence might infer robbery, but
not murder. Tie said that up to McKim's
appearance in Reading, his conduct did not
infer the evidence of his guilt, but that his
whole subseqent career, up to the time of the
discovery OF the Bonner letter. proved, if any
thing that be had either received the money
from Norcross for safe keeping, or robbed
him, and escaped from the cars ut Altoona,
and that Norcross, when near Altoona, fnd-
ing bis friend and his money gone, seized his
carpet bag and violin, went out on the plat
form and cut his throat, and then fell upon
the track where he injured himself.
NoTE.-The learned counsel did not state,
how ne could have accomplished this with
hddle bag in one hand and a carpet bag
IN the other, and he omitted to mention that
the razor found was proved to be MKim's
de next took up the evidence Of John g.
rieck, which be handled with great severity
The evidence of Warfei also underwent se-
we're scrutiny. The razor with which Nor
eross throat was cut was ne 1t the sutieot of