Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1861-09-11
The Infanticfde Case.

1he case OF the commonwealth VS.. Ahu
Hartzell Indictment for murder, was called
called in the court of Oyer and Terminer Of
this county on last Wednesday afternoon.
This is the White township Infanticide case.
an account of which. our readers viii re-
collect we published shortly after it occurred.
We intended at the commencement of the
trial, publishing the testimony in the case in
full, but in consequence of the indelicate
nature of portion of it, we have concluded
not to do so. The prisoner having been ar
ranged pleaded g not guilty" She is an
unmarried girl of about 16 years of age.
While there is nothing in her department
which indicates intelligence and refinement,
her countenance would lead stranger to be-
lieye that she is both modest and kind-hear-
ted-one of that weak minded portion of the
female sex who are but too ready,
"To stoop to folly,
and find too late that men betray."
but not one who s.to hide her shame from
every eye' would murder her offspring.
After the arraignment jury was called. A
number were challenged premptorily and for
cause. The following Jury was finally en-
panelled. each juror having been sworn to
'well and truly try the issue joined between
the Commonwealth and the prisoner at the
bar, and true deliverance make according
to the evidence" before taking his seat.-Ja-
cob Fie, Jr., Michael Driskell, Adam Ma
kin, Charles Flick, John Itel, John Freder-
lex, Jr, Patrick Mccormick. Daniel Chiste,
Andrew Strittmatter, Joseph A. Parish,
Peter G Garman and Charles J. Owens. Mr..
Owens was called and empanelled as tales
man, the regular panel having been exbaus-
ted a juror accepted by the defendant and
directed to be sworn, was challenged prem
torily by the District Attorney. The Defen-
dant's counsel objected. They contended
that the section of the revised Penal Code,
which authorizes the Commonwealth to do
this In criminal cases, is unconstitutional.
and sealed a bill of exceptions, thus giving
the defendant an opportunity to tes. the mat
ter in the Supreme Court.
| The evidence disclosed very remarkable.
1t seems that the mother of the defendant is
dead, and that her father is among the vlest
and most abandoned of mankind, that she
never knew parents care, or felt the holy
endearments of vir.uous home. Since she
has been old enough to work for her support
she has been ''iving OUT among the neigh
bors of White township. and all the witness
ses examined were unanimous in testifying
to the fact, of her always having been re-
garded as ''good girl" Sometime last
February she came to livo with man named
Smith, whose wife was ill, and remained
there until the fourth of March. On the
evening of that day she attended a religious
meeting in the neighborbood. While there,
she became ill and young man in compli-
ance with her request, accompanied her home
to Smiths. On entering the house she told
Mrs. Smith that she was i'll, VINO arose from
her bed and gave her some medicine. Mrs.
Smith then went again to bed The defen-
dant then went out Of the house, and re-
mained there a considerable time. On re-
turning she told Mrs Smith that she had
been sitting on the door step and felt much
better, and went to bed. Shortly after this
Mr.. Smith who had also been at the church
returned home. A few moments after he
entered the house, young man who passed
that way in going to his home from the meet
/ ing, knocked at the door, and asked for a
| light. Mr. Smith went out and the young
man who was accompanied by several other
persons, on their way home, told HIM that they
had heard child crying. The cry was
heard in the direction of the pig pen. The
arty went down to that building, and Mr.
Smith after two or three efforts, succe eded
in dragging from under it, a living male
child. He took it to the house Two women
in the neighborkood were sent for. and on
their ar rival 1t was dressed.
1t was then shown to the prisoner, who
acknowledged that she was the mother o'