Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-02-06

his freedom from lawlessness, that was
assailed. All these he had full permission
to defend by adducing the opinion of his
neighbors and his general reputation.
The next assignment of error is, "that
the Indictment is insufficient in law to
sustain conviction of murder in the first
degree, in that It fails to meet the Con.
stitutional requirement." the nature and
cause OF the accusation not eing fully set
forth. The indictment is in strict con-
formity with the requirements of the Goth
section OF the Act of March 81, 1860,
Penal Code) tho Criminal Procedure
Act.
We do not think that act in conflict !
with the constitutional provision that in
all criminal prosecutions the accused
shall have the right to be informed ofthe
nature and cause of the accusation
against him" An indictment must ex-
hibit the mature and cause of the nccusas
! iion, that is, must set out the crime laid !
to tie charge Of the accused, but the !
mode in which the crime is committed,
the instrument with which the murder
was effected, whether it was held in the
right hand or the left whether the wound
wa, inflicted upon the head or the body,
are entirely apart from the nature and
cause Of the accusation. There is no mer.
il in this assignment.
| Another averment OF the plaintiff in
error is that the sentence was improperly
pronounced. because the charge of the
Court was eXcepte | to, but was not filed
until after the judgement was given. III
there were anything in the exception, it,
Icould avail him bat little. for then it
wonlG be our duty TO pass sentence. But
there is nothing in It. Everything that
was necessary to giving judgement was
upon the record when sentence was pro-
nounced. True, the charge was not there,
but that was needed for review, not for
sentence.
1t is due to The learned Judge of the
Court below, to say that there we're no
written points presented to him Mt the
trial, and he was not therefore under oh.
legation 10 file his cha 60 Immediately on
delivery, especially US the exceptions were
in the usual form. and there was no re-
quest that lac shoHld reduce his whole
opinion aud charge as delivered to the lu-
~ 10 writing. at the time Of the delivery
lof the same, and forthwith file it of 70.
cord.
The only remaining ssign ment Of error
is the eleventh. 1t is that that the SEN
tence is definite. no time being fixed
fer its being carried into effect and no
other person having legal authority to fix
the time. This is certainly n novel ex.
ception to Le taken at this late period in
the history Of the Commonwealth. II
would he out Of place bere TO spend time
IN showing how the power to designate
the time of execution is vested in the
Governor. That il always has been exer.
csed hy him is denied, and it would not
be difficult to show that il has not been
rghtfully exercised. But that question
is not on this record. The matter for
our con nsiderston is whether sentence
of death which does not appoint day
for execution is n proper sentence.
Our act OF Assembly ofthe 3lst of May,
l7lS, entitled "Hn act for the advance
mert q Justice and more certain admins.
tration thereof" enacted that Whenever
convictions should happen it should be
lawful To give Judgment according the
manner, form and direction OF the laws of
that part of Great Britain, called England,
in the like cases. This provision was in.
deed hardly necessary for without it, our
Courts, being Common Law Courts would
have had that power unless restrained by
statute.
The manner and form of giving judg-
ment in England ia l7lS, in cases OF con.
viciion for murder was precisely that
which the Court ofOyer and Terminer ad-
opted in this case. The conyict nas SEN
fenced 10 death by hanging, bat the SEM
, tenca did not fix the Time and place OF
Execution. That such was the mode and
form OF pronouncing judgment in capital
felonies appears from all the books. Ras-
tails Entrees, > uales, Pleas Of the
Crown, 399; Coke's Entrees 362, and 3
Curr, 1872: Nor was it changed by the
} statute o. "a Geo. ., g. which enacted
that all persons found guilty Of a murder
should be eXecutCd on the next day, but
one after sentence passed.
Sec sec. > Burrows, 1872, Rex VS.. King,
ct al; decided in l7Gj. In that case it
wa said not to Gc usual at the Assizes TO
fix the pay and place Of execution. The
Iiudg mcnt in this case was then strictly in
accol dance with the forms and requisites
of the law. We have thus reviewed this
entire record, and tEe conclusion to which
we have come is, that it exhibits no rea-
: son for reversing the Judgment Of the
Court below The judgment is affirmed
Justice Woodward read his opinion dis.
seniing from the views Of the majority oi
the Court.
1t will thus be seen that the dread sen.
I tence Of the law, must b e carried into ef
b, feet, that this unfortunate man must ex-
1 plate his crime upon the galloNs and i
: such be the case it will be tho first in
stance Of capital punishment within The
: borders Of our county. God grant it ma!
be the last Will. this generation exists.
), Whom the decision Of the Supreme
q Court was announced 70 him by SheriL