Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1857-05-13
TuunsnAY- April 50. 1857.

II. A Bieler and NJ. Il. Jolly Tor defence.
THURSDAY, April so, 1857.
This case was reached this evening at D
o'clock, at winch time the Prisoner was bro't
INTO Court He was dressed in dark frock
coat. greyish vest and dark pantaloons He
looked somewhat paler than when first COM
ui1ted to Jail, but his general appearance, al
though somewh hat commonplace. was not ab-
soiutciy bad The Indictment. containing five
counts, all charging him with the murder OF
Samuel Townsend Norcross, on the morning
OF the 10th of January, was read. and his
plea to each count was s. Not Guilty, SIR, il
a clear, audible voice. By direction of the
Court the clerk proceeded to call jury. The
first was David Dearmond. to whom the Gus
tomary question in murder trials was put, by
Coz. Hohus, for defence, viz sc Have you
formed or expressed al opinion as to the guilt
OF innocence OF the Prisoner = Counsel for
Commonwealth were about to object when the
Juror answered the question III the negative.
CHALLENGED by defence. James Crawford cal
led, to whom same question was put, when
Hammond for Commonwealth demurred, and
cited authorities to show that it had been de-
cded that an expression or formation of an
opinion does not disquaiity juror, except
malice or bias against the prisoner be admit
ted by the Juror Hoius and Banks for de-
fence replied also citing authorities and plea
ding custom. Stokes for Commonwealth ar
gucd that DO jury could be selected, composed
OF men who had not formed or expressed an
opinion, unless it was composed of men natu
rally unqualified to act as jurors He conclu-
ded BY submitting to the Court the following
questions to be submitted to each and every
juror, who shall answer them on his Uoice
dire -
/. Have you any prejudice ,in-will. or NAL
ice against the prisoner?
2. Have you any such opinion as to the
prisoner or his cause as would influence your
verdict?
3. Are you entirely IMPARTIAL between the
Jonlu.ouwe ealth and the prisoner, so that your
verdict would be formed from the evidence
alone
Pending thu motion to substitute the above
questions, the Court adjourned
FRIDAY MoRNING, May /, 1857,
Couct met ct O'Clock, aud case resumed
at 8. Judge Taylor delivered lengthy opin-
ION on the mode To question jurors, and gave
decision that the counsel for defence might
put the Usual intcrrogatorles In regaro to the
formation OF al opinion as to the guilt or 10
uOceUce OF the prisoner, and the common
wealth might also pat the following =
!. Have you any such opinion as to the
prisoner OF ms cause as would influence your
verdict?
2 Have you any prejudice. iIl-will, or NAL
i against the prisoner ?
3. Are you entirely i'm partial between the
Commonwealth aud the prisoner, so that your
verdict would be formed from the evidence
alone?
The empannelling of jury then commen
d, and when the panel OF forty-eight was
! exhausted, there still one juror lacking
! There was eighteen talisuen called before til.
twelfth Juror was secured OF tie entire
uuuueI hiteen were challenged peremptorily
/ and the remainder for cause, except the to
! lowing, who were duly enpanneled and sw0rl
| to try the case viz = --
| l David Priden bal, 7 Solomon Fouse,
! 2 Paul Maulz, Alex. Car0thers,
| Levi Nicodemus, 8 James Glasgow,
| Michael Grabili, 10 John EriInbaugh,
5 John Acher, l l Isaac Bowers,
! q Joseph Eoiiin, II j. u. Lngenfeiter
Tne hour of 2 o'clock having arrived, tn,
Jury was given in the charge of the officers
with proper instructions, and the Court ad
journed til O'clock
FRIDAY AFTERNOON, May /.
The Court met at 2 O'Clock, when f. Ham
mond, District Attorney, gave to the Cour
and Jury al elaborate history Of the case
highly interesting to both Court Jury ant
spectators.
NoTE In order to economse room as mucl
as possible. the Reporter has avoided Civ
ing repetitions, or evidence to corroberat
other evidence given.
John Caftohdn. stcorn-Lives in Loga
township, about 2 miles west of Altoona
was going to work on the 10th of Januar
last, about clock, when [ got into the dee
cut, saw a man intAe ditch thoughtit Nigh
be our night watchlnan before got up to him
Got close to him and saw his cap sort of
fur cap, off. He was utterring words dior
know what he meant to say As he was rals
ing his head saw cut across his throat. Di
not remark that his head was mapgled th
cut was nearly clear around his throat sa
Il wound under bis ear or about his jaw can
say how many; went to MKiernan and hi
men, and informed them that a man was hur
went to where our own iuen were at work
and informed them and the foreman we a
returned were making arrangements to tax
the man to Valentine OILERS house, when en-
gine came down the man was placed upo
the engine, and taken to Altoona, to Bow
mans Hotel; few of US remained atte
after looking around razor with blood upo
it was found at tho request of some of th
men, I took the razor aswn to Altoona. =