Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1865-11-09
Court ef Common Pleas--Fall
' Term, 1865.
JUDGE D. D. T. cowEN, PRESIDING.


JUDGE D. D. T. cowEN, PRESIDING.
The Fall Term of the Court of Common
Pleas, Judge D. d. 7. Co,oen presiding,
re-assembled on last Friday morning.
A flaw had been discovered in the indict-
ment of Christopher Ensingef and a new
Grand Jury was empanneled. John Ii.
Heaton foreman.
While the Grand Jury was absent, the
Court disposed of soine motions.
Aboiit 10 o'clock, the Grand Jury having
returned true bill" against Ensinger, the
trial commenced.
r. III COCHRAN prosecuting Attorney
and L. Dantord for the State. Wm. Ken
non, Sr., p. 7ailn,an and c. &. Roorn,an
for the defendant.
The following Jury was empanheled i:
Alex. Patton, Wm. Workman. John Nc,
Keever, VIM. Gilliand, JOS. Wilson, Alex
Dubois. VIM. Darrah, James A. Rinker.
Charles Bewly, VIM. Delaney, Bcnj. Bark.
hurst, Geo. Brown.
Our readers will recollect this occurrence
The homicide occurred August Is, 1865, at
Eusinger's hotel in Martinsvile. As the
case will have to be tried again, we refrain
from saying much about it at this time
The uass was ably conducted. Judge
Ksnnon closed the case for the defendant in
. powerful speech, in which the evidence
was analysed and the law stated with great
force and clearusss.
= At o'clock on Saturday evening, the
court charged the Jury as follows:
CHARGE OF THE COURT.
The State
va.
800 Crtstopher E,,singer.
Gentlemen Of The Jury.
The Indictment In this Gaze is based on
the 2nd Section of the crimes act, which
provides:
That, if any person shall purposely and
malicousy. bur without deliberation and
premeditation, kill another, every such per-
son shall be deemed guilty of murder in
the Second degree"
The indictment also involves a charge Of
inauslaughte as defined in the Sd Section
Of the crimes act, which provides:
THAT, il any person shall unlawiully
kill another, without malice, either upon
sudden quarrel or unintentionalty, while
the slayer is in the commission of some un
lawful act every snoh person shall be
deemed guilty of granddaughter"
Murder in the Second degree is the un-
lawful and intentional and malicious killing
by one person of another, without deibera-
tion and without premeditation.
Manslau o. htar In either
/. The unlawful aud Intentional killing
by one person OF another without malice,
upon sudden quarrel; or,
2. The unlawful, hnt unintentional kill
Ing by one person of another. whether with
Or without malice, while the slayer is in the
Commission Of seme unlawful act.
The material charges made and involved
iii the Indictment in this case are:
That the defendant, about the 18th Of
August last, 10 this county, shot Charles
Armstrong in the head with pistol ball,
end killed him unlawfully, and either:
/, Purposely aud maliciously (but with.
out .deliberstisn and premeditation,) or:
2, Istentionally, without malice, upon
sudden quarrel, or:
q. Enthusiastically. but maliciously,
while Ensingsr was in the commission Of
an unlawful act, or:
"a Enthusiastically, and without malice.
while Eusinger was in the commission ei
In unlawful act.
You will inquire:
]. Is Charles Armstrong dead?
q. Did he die from the effects of q
wound, such as is described in the indict
nent Z
J. Was the wound produced by pistO
"A Was the wound inflicted by the de
fendant?
Did the homicide occur III this coun
ty, before the finding of this indictment
IF you answer any one Of these inquiries
10 the negative, the defendant must be ae
quilted.
If you answer them all in the Affirmative
tou will inquire
6. Was the wound inflicted by the de
fendant puposetyy Z,
If YOU answer this question in the mega
tive, the defendant cannot be convicted o
murder.
I'D. however, you find that the defendan
aid innict the wound purposely, you vii
brocsed TO other inquiries.
Before calling attention to them, fey
words Es TO the amount and degree of evl
denoe which the State must produce to au
thorize you to- answer these six several in
1uires against the defendant.
The law presumeB every man charges
with crime, to be innocent, antil his gull
Is clearly proven. u, -
You must be satisfied beyond d reason
able doubt. of the truth of each and all Q
khese several averments.
BY reasonable doubt is meant, not q mer
pessible or eaptious doubt. hunted up, frol
fssliugs Of sympathy or any other cause
ior the purpose Of furnishing the Jury wit