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

SoAAs Va PUG OCIuE tdACu 1beO IhC OIGuId-
tion and deposited there fever and ague
produce enlargement and congestion of
the liver also congestion of the abdomi-
nal vlscera blood might be found in alb
| dominal cavity from condition of the
system when the blood has disposition
to leave its natural vessels and come to
surfaces anG leak out in dysentery a per-
son may discharge blood from the bowels /;
there are diseases where a person may
vomit blood don't think it possible for a
man shot directly in front, so that the ball
would enter the body an inch to the left
of the center line, for the bail to pene-
trate both the left lobe of the liver and
the spleen, unless there was an abnormal
condition of the parts; think it would be
hard for ball to penetrate both left lobe
of liver and spleen if shot diagonally il
| the organs we're In a normal condition q
maD's liver could not be enlarged without
affecting his health, though his spleen
might be; Holmes had been sick occa-
sionally since last winter he came to me
after ne came home from Washington to
get quinine said he had fever and ague
and from his appearance, l concluded he
had ; this was about ten days or two weeks
before the shooting; last winter he had
an eruption upon him-a species of skin
d:sease-a good deal diffused over the
| surface 1t was a species of erysipelas,
| but not Of malignant form !; treated him
at one time for syphilis; syphilis would
disease the blood and injure the const:tu-
ton.
Cross-examined Have made or helped
to make about twenty-five or thirty post
mortem examinations you could not tell
deposits found in the abdomen to be blood
by the naked eye, even if they were CO.
agulated if | would find man shot
through the liver, / would want to trace
the ball til | would discover it; if ball
penetrated liver and formed an absceSs,
it might or might not cause death; if [
found a pistol ball had perforated liver,
and an abscess had formed, the rest
of the organs remaining sound, [ would
say that the ball was the cause of the ab-
scess, and that the abscess might cause
] death saw a case reported in the Cincin-
natl Medical Journal, in which a ball per-
| forating liver and forming abscess did not
cause death 1t would DE an extreme case
for man to recover if wounded il liver !;
it was from ten to fifteen days before he
was shot that [ gave Holmes medicine for
fever and ague don't suppose this dis
ease could have killed him in that length
of time; it is not often that people die of
that disease alone. The balance of cross
examination was not material.
Jacob NJ. Swank, recalled 1t was a
conical ball l sold Gore when he bought
| the pistol.
t. REBUTTING TESTIMONY.
Adam BIershank, recalled Gore might
have been drinking some, but was pretty
sober the morning of the shooting.
Cross examined He drauk two small
glasses of ale only
William Orr, recalled: When Gore
came up out OF cellar, couldn't say he
was drunk; he might have been drink
ing.
William Dysart, recalled: The color
of Cores face would indicate that he had
been drinking, but he didn't act like a
drunk man.
Henry Ream, called Was in Fend's
cellar the day Holmes was shot; Gore
looked calm and collected, and spoke "a
tioual
DIR. Lowmau, recalled: An attack OF
fever and ague OF thirty or thirty five
days duration would not cause an abscess
in the liver to produce Death.
Question by the Court. Would any
of the conditions which you judge tc
have been the cause of the death of Holmes
have been brought on by fever and ague
In that time?
Answer.-They would not.
| WitpaSs N aftaoL Of sCph.
ilis one year before would not have caused
the abscess in Holmes; syphilis in its
secondary stage has not the appearance OF
erysipelas; when it is primary, it does not
contaminate the blood, for it is a local
disease.
The evidence in the case closed at
10:40 O'Clock.
POINTS SUBMITTED ON BEHALF OF THE
PRISONER.
The counsel for the prisoner submitted
the following points, and requested the
Court to instruct the jury
First: If the Jury have any reasonable
doubt that the death of Edward Holmes wa
caused by the wound inflicted by the pisto
in the hands of the prisoner, their verdic
should be Not Guilty.
Second If the Jury have any REASONABLE
doubt as to whether the firing of the pisto
by John Gore was the result of a premedita
ted design, or whether it was caused by tn
immediate act of Edward Holmes, the priso
ner is entitled to the benefit of that doubt
and can be convicted only of Manslaughter.
Third The deceased, Edward Holmes, no
being an officer known to the Law, no author
ity being shown for his appointment, resist
ing an arrest by him, especially as no war
rant was produced by him. was no offence -
and warrant issued by the Burgess of Johns