The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-12-04
BELmoNT COULTY NEWS.


two counts, that is, the offence is charged in
two different forms in order to meet the
proof In each you are charged with un'
lawfully killing Frederick q. Stllle; but in
the first cotnt the charge is so framed as to
the crime Of murder in the second
degree, which is punishable by Imprisonment
in the penitentiary during life; while the Sec
ond is so framed as to constitute the crime
manslaughter which is punishable by i'm
prisenment in the penitentiary for period
of not less than one nor more than ten years.
Upon that indictment you have been placed
on trial, able counsel have rendered you ev-
cry assistance in their power, but fair and
impartial jury has returned a verdict that
you are guilty as charged in the second count,
that is OF manslaughter What have you
to say why judgement should not now be
pronounced against you?
PRIsoNER-I was compelled to do it; if |
had not, he would have hit me with the SOL
dering iron.
COURr.-But why did you go up stairs at
all?
PRIsoNLR.-I went up for my pants; was
going to market very early the next morn
ing.
COURT 1t is unfortunate for you that
yon did not give this account of the transac-
ton at the time of your arrest. But the
whole evidence in the case is inconsistent
with the theory that it was done IN self de
fence.
This case is in this respect peculiar that you
were charged with the murder of your faith
er in law, and the principal witness against
you was your mother. The evidence before
the jury disclosed this state of facts. Your
mother, widow, with her family-Germans
by birth-settled near Wheeling about sew
en- years ago. Since then she has resided
near that place, sometimes in Ohio and at
others in Virginia, and you with the other
members of the family resided with her
AT some time previous to this homicide, q
lease Of certain lands near Bridgeport was a.
bout to be taken by your mother jointly
with another of her sons; but that son dying,
you took his place in the contract. Your
mother testifies thet she did not so under
stand it; that she thought you were only a
witness to the writing. The result was i'll
feeling between yourself and mother, which
was increased when the deceased, also a
German, came to reside at your house.
On one occasion dispute arose while you
were harvesting, which was renewed at the
table, when you threw knife and fork at
your mother and attempted to put her out OF
the house, because she told you that you
were in the wrong. At least twice during
the same day you said that if Stille (the de
ceased) came there to marry your mother
you would kill him; and that threat was re-
peated in substantially the same form on sew
eral occasions afterwards. Your counsel ur-
ged that these were mere idle declarations
which you never intended to carry out, but
Mr. Bentham says with much force, when
speaking Of threats, that sooner or later they
are too often carried into execution, and
where crime is committed they are al
ways important evidence to show its true no.
ture. ....
After that probably early in August
last-Stille and your mother were married
in the city of Wheeling, but there being
some doubt as to the legality OF the ceremony,
they were again married in Bridgeport, on
the End Of September. In the evening OF
that day, after they had gone TO bed, per-
haps near eight O'Clock you returned home,
and almost immediate afterwards ordered
them to get up and settle or you would kill
them with the ak. You with your wife at
that time occupied the room below, and
Stille and your mother the room up stairs
1t seems they made no reply; but Stille, fear
ing from the violence of your manner, that
there might be danger, got out and sat on
the side Of the bed; and while he was en-
deavoring in the dark to put on his panta-
looms, you went up stairs-a candle in your
left hand and an ak in the other-and there
before word was spoken or single hostile
movement made, you advanced to the bed
and dealt blow on Stiles head, which pro-
duced large fracture of the skull and lelled
him at your feet. Another blowwas struck,
which seems missed it's aim, and then the
earnest entreaties of your mother, with the
apparently dying condition of your victim,
induced you so far relent as not to inhict
further violence.
Most Of men could have died at once; but
notw outstanding the fractured condition Of
the skull, Stille lose up shortly after he re-
ceived the injury, and with some assistance
from his wife walked to Bridgeport, dis
lance of more than mile. There medical
aid was rendered, but the experienced sur
geon (Dr. McConaughy) saw at once that the
patient must die though contrary to the ex-
pectation of everybody he lived ten days.
II anything further were wanting to show
that this was intentional. malicious homicide,
it is found in your conduct Afterwards
When the officers who made the arrest in.
formed you that had broken Stiles skull,
you replied that you were glad OF il; and
when they started with you from your house,
you directed your younger brother-in law 10
shoot Stille if he returned. On your way to
the magistrate you engaged in singing lively
songs.
1t does not appear from any Of your state
ments that you had the slightest cause, or
ever offered the slightest reason for the act;
nor had you the poor excuse of intoxicat!on.
Even the defence of insanity, SO common in
desperate cases. was not at empted by your
able counsel. True, you said that the deed
was committed with club instead of an ak,
but even il true the variance is not impor.
tant. True, you made an effort to impeach,
your mothers character for the truth; but
this is not claimed to have been entirely sue
cessful; while in fact she has been fully cor
reroborated as to leave no doubt OF the truth
OF her statements.
The court has been thus full in the state
ment of facts to show how this case must be
regarded. In our judgement this was de-
liberate and premeditated murder. True, an
intelligent aud impartial jury consented to a
verdict OF manslaughter, rather than compel
second trial. Certainly no blame attaches
to them for that; it was, under the circum
stances, probably proper course; and yet
we cannot yield our own convictions as to
the degree Of your crime. The power to de-
termine the punishment which shall follow
the violation Of a criminal law, is one o
great responsibility. To fix the imprison'
ment Of citizen in the walls Of the peni-
tentiary is altogether the most unpleasant
duty we have been called upon to perform,
but the answer TO all such reflections is, that
it is duty imposed by law for the preserva.
ton Of social order. Crime must be pun
ished according 10 its magnitude, and our Of.