The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-04-26
sheny civ on tbe SATURDAY. after the muir

eI feet, and MS distracted, uIslIesseC oe-
meanor; the difficulty between the two
concerning Houser's share of "the money" :"
and Buser's avowal that it would get them
into trouble to divide it then; the fact
that Buser declared himself possessed of
$500 in cash when he returned from this
expedition, whereas he had 70 money of
account when he started away the fact
that when they started on the expedition,
they said they were going up the railroad
towards the mountain-all these facts,
proved by competent witnesses, and taken
In connection with that other fact that the
prisoners refused to account for or attempt
TO account for or explain their actions or
whereabouts from Monday till Saturday
of the week of the murder, formed
complete chain OF evidence whose irresist-
ible tendency was to "convince the mind,
satisfy the judgment, and fix belief"
HIS HoN0R'S CHARGE TO THE JURY
The taking of the testimony in the case
was concluded at noon on Wednesday,
18th December. The balance of that day
and the whole OF Thursday were consumed
by the pleas of counsel. On Friday morn
ing, the Judge delivered his charge to the
jury. The document was printed in full
in these columns, aud will be remembered
as calm, careful, exhaustive review of all
the evidence in the case, with an elabor-
ate linking together as in ore chain Of the
more material facts elected, and fair and
impartial application of the law thereto
1t consumed one hour and twenty-five
minutes in the delivering.
THE JURY RETIRE.
Immediately after the conclusion of the
Judges charge, the jury retired to their
private room for deliberation. We have
it on good authority, that upon reaching
the room, the twelve men upon whose de-
cision hung suspended the life or death of
two fellow-men, remained in solemn COM
munion each with his own soul for fifteen
minutes before the silence was broken by
a single word. A vote was then called
for when each juror deposited his ballot,
carefully folded to conceal its authorship
from his neighbor, in hat. Upon exam
ination of the vote, it was found that each
and every juror had recorded his convic-
tion that the prisoners were "guilty Of
murder in the first degree !"
RETURN WITH a VERDICT.
At 10.45 o'clock, q. In, the jury re-
turned to the Courtroom with their YER
dict.
The Clerk asked the 9uestion-"Gen-
temen of the jury, in the issue joined be-
tween the Commonwealth and Daniel
Buser and John Il. Houser, how do you
find ?'
The response, low and mournful, came
frem the box" Gully Of murder an the
first degree !"
The jury was polled, and did severally
answer that they found Daniel Buser and
John B. Houser guilty of murder IN the
first degree.
MOTION FOR NEW TRIAL.
Mr. Kopelin, of counsel for the pris-
oncrs, thereupon moved the Court for a
new trial, and filed his reasons in support
of the motion. The Court refused to grant
the prayer.
THE SENTENCE.
At o'clock, p. m., the prisoners were
brought into Court to receive sentence
Before proceeding to pass sentence, his
Honor asked
"Have you, Daniel Buser, anything to
say why the sentence of the law should
not be passed upon you?"
The prisoner replied, in quick, nervous,
zones
alt is alleged that have been in this
county, and that [ committed this murder;
it is not true, as [ was never in Cambria
county till l was brought here by Sheriff
Meyers"
In reply to the same question, Houser
said, In broken English, and In an excited
manner
81 am innocent. / never was in the
county till brought here by Sheriff Mey-
ers." Here he was prompted by Buser,
and added I "I was in Beaver county at
Ine time Of the murder"
Ills Honor then proceeded to pass SEN
tence upon them, as follows:
"You have been tried aud convicted by
jury of your cOuntrymen, and IN CON
formity with that verdict we are under
the painful necessity of passing sentence
of death upon you. You have had coun-
sci appointed for you by the Court, who,
to say the least, have conducted your case
with ability and energy. You had the
process Of the Court aud the power OF the
county to bring witnesses here in your
behalf. and when the officer who executed
that process returned with the witnesses you
had named, you expressed your readiness
to be put on trial. The case was denber-
ately heard by the jury after everything
had been done for you that could be done !
After a full argument OF the case, the ju- |
~, without any hesitation, pronounced |
you guilty of murder III the first degree,
apd it only remains for us, ID the line OF
our drtv n nass the sentence of the law |