Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-12-01

the case Of The People Us. Mcleod, l Hill,
377, for contrary doctrine and in which it is
held that the right Of resorting to force upon
the principle of self-defence, does not arise
while the apprehended mischief exists in
machination only; and also the case of The
State Us. Green, IredeU 400, North Caro-
lima case, where it is ruled, that a'betief that
person designs to take life, will not prevent
the killing of him from being murder, unless
he is making some attempt to execute his de-
sign, or, at least, is in an apparent situation
to do so, and thereby induces the party as
sailed, reasonably to think that he intends to
do so Immediately.
There is some reason forreceiving evidence
of recent threats against the life of the accus-
ed, Sc recent that they may be deemed part
Of the re gesta, to be taken in connection
with the evidence of the facts and circum-
stances at the time Of the killing, to show
that the party had well grounded ap-
prehension of danger to his life, or of great
bodily harm; but we think it would have a
tendency seriously to diminish the security of
human life, to establish rule as broad and
extensive as that embraced in the offer, and
particularly where the party menaeed has not
seen fit to claim the protection of the law
against threats of this character. We feel
the force of the argument that great latitude
should be allowed IN .farorem, ritde, buton the
other hand, our sworn duties win not permit
US to overlook the demands of public justice,
fo Il Fbo4 b,l,
to weaken the security and protection the
law is designed to afford for the life of the
citizen.
The rule now insisted upon is by far too
important in its character and probable con
sequences, and is without that support from
adjudicated cases, to Justify this Court to en-
graft it upon the law Of evidence for the trial
of criminal cases-and especially in cases of
homicide. In giving this decision we feel
very much gratifed, if any injustice should
arise from it, that it can be reviewed by a
| Court of Error.
We therefore reject the evidence of threats
except those occurring and made recently be-
fore the time of killing.
The counsel of the defendant except to this
ruling and pray the Court to seal bill of ex-
eeptions, which is done.
A. KING, f.. 81
Agnes Gardner, slconl-I knew Jacob
Grouse; saw him on Monday evening before
the killing atBlymyer and he said he would
kill Reed or Reed should kill him. 1t was
a little after dark; he was talking to another
man; was going down street home, walk
ing very slow. He spoke in an angry tone.
Gross -eraaatssed-I was going past Bly,
myer' was going down street; he was
standing where the stoves were; [ told father
next morning about 9 clock; he was the
first person to whom | told it; he was the
only person to whom l told it; | was wash,
ing at Mr.. Russels the day he was killed
wasn't at home the next day until after din
ner; went to do washing the next morning al
O'Clock; told my father at O'Clock a
night.
| Joseph AnderS, s,co,7s-I knew Jacol
Grouse; saw him at the first fight; he fol
lowed Mr. Reed to his office, he then wenr
down street to the corner and said that thi
would not be the last OF IL, tint Reed was ;
damned rebel and he would have to leave
town or he would take his life; he was al
Fetterley's corner; be was telling it to m!
brother George in an ordinary conversation
he was in bad humor; it wasn't over hal
an hour after the fight
Cross ecun,iaed-I live in st Clair Up
started out OF town in the evening; told it t,
some of the boys out in our corner samt
day; don t remember whether [ mentioned
it the next day; have talked about it repeat
edly; Grouse said Reed was a rebel and h
would throw it up to him every time he me
him; it was about 60 yards from Reed
house.
Thomas Booher, Sloom-I knew JacoI
Grouse saw him after the fight; saw hin
at Groves Hotel; asked him who blackenet
his eye, he said he Johnny rebs hit him
asked what they had done if for; he salt
that he hadn't done more than usual, calle,
them johnny Rebs, and he..said he woul
see them or catch them again; there were
number of soldiers standing by.
CroSs-eramiaed-He said Johnny rebs;
he said II will see EN- again or catch EN- a
gain; he had black eye; I think toll
my father first; | understood him to refer t
John P. Reed.
| H. Fraah Cook, S,coIm-I knew Jaco
Grouse; saw him after the first difficulty o
f the street; he said he was going to have re
| venge out of John P. Reed; saw Crous
, and soldier out of the lS7th Regiment be
r tween the printing Office and and Palmer
e Office; 70 the best of my knowledge he ha
cane or club in his hand; he remarke
that if he didn't see John P. Reed tina
night he would see him again. Grouse
manner appeared TO be rash; it was tn
: the night before the killing; he appeared
I be in passion at the time he said he woul
have revenge; l told John p. Reed and sal
he should be on his guard; told him bC
: fore the encounter on Tuesday; being tha
t Grouse said he would have revenge out {
o John p. | told the family
-eraniiaed- was talking to
couple of soldiers; think he tod the fan
: iy the same evening.
:. Samuel Diclk, sloo9,-I knew j. Croust
saw him in Groves hotel on Saturday nigf
after the fight; he said some of them laugf
! ed that day when he got black eye frol