Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1860-06-27

take the life of his fellow man must show that
the act was clearly excusable. Nothing short
of downright necessity, either existing in
reality or reasonably apprehended from the ma
tnre of the attack, such as already explained,
will excuse.
1t the act is not excusable on the principle
We have Just stated to you, it is feloDiouS and
must be either murder or mansaughter.
The Court then proceeded to explain to the
jnry the nature of ,and the distinct on between,
the several grades Of felonious homicide, and
concluded by instructing them:
1st. If you find from the evidence that the
act was malicious, willful, deliberate and pre-
meditated, then you will find the defendant
guilty of murder in the first degree. #se
I'd. If you find from the evidence that the
act was committed wilfully and maliciously,
but not with delberation and premeditation,
then it will be your duty to find the prisoner
guilty of murder in the second degree.
Sd. If you can find from the evidence that
the act was done suddenly, in q transport of
passion, and with sufficient prOvocation, such
as we have stated to you and read from the
books, you will find him guilty OF mansaugh-
ter only.
The prisoner is in your charge.
The jury retired at half past six O'Clock and
after remaining out till nine O'Clock, at that
hour returned to the Court room, and render
ed verdict of ssgmilty Of murder in the second
degree" with recommendation of mercy to
the Court.
On Saturday afternoon, at few minutes past
5 O'Clock, Hockenbury was brought into Court
again and sentenced as follows:
JAMES HoCKENBURY: You have been found
guilty Of high crime, but the peculiar cir
cumstances surrounding the case, have induc-
ed the Jury, in their verdict, to recommend
you to the mercy OF the Court, and we, in pro-
nouncing the light sentence we are about to
impose on you. are influenced to some extent
by the same extenuating and mitigating cir
cumstances. We would not be considered as
in any way or manner excusing the act which
you have committed. You have unwarranta-
bly, slain your fellow man, and were it not for
the recommendation of the Jury and the pecu-
liar circumstances of the case, we would not
hesitate to exert the extent of our power in
this case, and to pronounce upon you the ex-
treme penalty of the law. We have taken in
to consideration the threats and abuse of the
deceased toward you, your apparent alarm and
your feeble condition, mentally and physically,
as testified to by respectable witnesses, and as
in some measure apparent to the Court from
your personal appearance during the trial
these, with your advanced age and the present
state of your bodily health, and the other nit
igating circumstances surrounding your case,
have determined us to pass upon you as light
sentence as due regard to the demands of
puDlc JuStlce Will allow anu III tniS we are
guided by the Act of Assembly, and take the
minimum of penalty therein prescribed, as the
measure of your punishment. We would have
it distinctly understood that offences like this
cannot be tolerated and shall and will be Sc
verely punished by the Court in ordinary ca
ses and that it is only out of regard to the
recommendation of the very intelligent jurors
by whom you were tried, and in view of the
circumstances we have already mentioned,
that we pronounce upon you this sentence,
which is, that you, James Hockenbury, do
pay the costs of prosecution and undergo a
servitude in the Western Penitentiary of Penn
syivania for the term of four years, there to
be kept, at hard labor, fed and clothed in the
manner prescribed by law, and that you be in
custody, &c.
Hockenbury is a man of about Sc years of
age, over six feet in heIghth, of slender pro-
portions, and displayed much nervous excite
ment whilst receiving sentence.