The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1865-12-14

CAOhCA Ca RACcS Ut lmns.1
He labored earnestly to convince tbs !;
that the evidence before them was =.
sufficient to convince the mind Of
unprejudiced man that the prisoner =,
bar was guilty of the dreadful cri~.
imbruing his hands, with express ~,
aforethought, in the blood of fellov :
If they were fully convinced that thu
the fact-if they were convinced of;s
yond a reasonable doubt-it was a
sworn duty 20 fud the prisoner at hs
guilty of murder in the first degro.
gardless of all after consequences T1.
after carefully digestiLg all the en-
In the case, there still fingered il ~
minds reasonable doubt as to his ~ ~
they should lean to the side of mercS !.
give the prisoner the benefit of that dan
He continued in speech of one han
duration.
After which, Court adjourned.
AfternoOn.-Court A met at q O'Clock
Mr.. Kopelin addressed the jury for h
prisoner. He commenced by an elouus,
and impressive reference to the frailtv A
weakness Of humanity-oar liability
accidents, and the uncertainty of our liv.E
'Tis sin, he said, which causes every =,
that racks the physical or moral man
which causes every sob of the widoE
orphan; sin that has sent crime and
rioting in their unbridled courses thra
out the land and when he reflected
prone we all are to err, he was ans
that he should stand here to-day ples6
in behalf of the unfortunate prisoDe,
the bar and he was forced to exel.i
"Lord, that mercy | to others shoR.
mercy show to me J" The gentleu
continued amid breathless silence On h
part of the listeners in the densely cro7
ed Courtroom to make most eloovs
appeal on behalf of the prisoner, and
sed by arguing to the Jury that if Il
had single doubt as to whether the d.
of Edward Holmes was caused by the
let shot from the pistol in the hand
the prisoner, their verdict should Be {
guilty. He spoke two and a hall hs-
When Court adjourned.
Night.-CourC met at $40 O'Clock.
Dir. Johnston rose to address the 4
on behalf Of prisoner. (Mr Riley Il
called the attention of the gcntlemaa
numerous authorities he proposed r
ring to in the course Of bis argumeJ;
the jury.) Mr.. j. commenced by ai5
ing to the peculiarly solemn circumsa
ces attending trial of this kinda Il
on the determination OF which depend
the life or death Of human being-t5
life OF death Of a young man in the b95
of life, with many bright hopes for L
future before him. We have not spa9a
follow the gentleman through oithE L;
eloquence of his opening, the thuslss
ness of the argument which follOEal 9
the touching pathos of his peroratioa a.
conclusion. he devoted consiiers5leGg
to arguing the points submitte! to {
Court On behalf of the prisoner, ana
every suggestion which learning OF ezi
rience could devise, urged upon the II
the interests Of his client. lie spoke q
hours and twenty minutes.
When Court adjourned.
sATURDAY-FOURTH DAY.
Court met at nine O'clock, a. N.
John S. Rhey, Esq, closed the case
the Commonwealth. He spoke Of 4
form and solemnity with which the il
was empanueled, aud the importance 1
the matter submitted for their consi3sr
sion and deliberation. He said il was 1
most important duty of their lives to Pa1
in Judgment on this case, and that il to
were compelled to convict, no dol5'
would be the most painful. He br=-l
reviewed the arguments of the c01s-
upon the other side, and the evidence
the case. He handled with peculiar Is
moss, that part of his duties that cOm?e,i,AI
him to plead against the life of tel'l
! being, and while he referred IN terms
i severe and cutting irony to some OF 2
testimony, he yet made no appeal to .
passions of the Jury, nor said auSbtH
endeavor to swerve them from the eoa
vic;ion that the facts in evidence mlgS
force them TO make. His use of langa3g1
and calm. uuexcited manner OF dellys9
and method of argument, added TO Il'
reputation he has SO long enj?ye9i 70: l9l
ability and legal learning. He elose1 NJ,
remarks, after speaking for one hour Az
twenty minutes, by asking the 0ul! y
give to the prisoner the beneht o. a!
possible doubt that was reasonable, "~'-
might remain upon their minds.
CHARGE TO THE JURY
His Honor Judge Taylor cOmme1.;1
| his charge to the Jury at le-2O, eGno-
ing at 11.40. 1t was most able :.
profound effort, rejecting great 'reaA u
the impartiaIity and legal knoWieasii
Its author. We have been promi''.
copy for publication, and will lay
document entire before our readers ~
week. We merely append his Hoa.]
reply to points submitted by priso.s,
counsel at the conclusion of the tesum''
First point-Affrmed. - ,..!
Second point-Refuse 10 answer lHs :
as requested. ,,s