The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-01


Punctually at halEpast o'clock this morning
the prison van drove up to the south side OF In
dependence Square, and Antoine Prubst, the con-
victed telon, emerged, and was escorted through
the line OF policemen there assembled within the
grounds of the square; the usual line of marcn
was then taken up tor the Court House, the pri-
soner being in charge OF Chief Ruggles. An i'm
mense gathering OF spectators assembled around
the Square, larger, if possible, than on any
former occasion during the trial, the desire
being very great to witness the last appearance
in public OF the notorious criminal.
Owing to the stricC mjunctlons OF the police,
the crowd were very moderate in their express
sions of hatred towards the prisoner. He pre-
sented the usual appearance, exhibiting no
apparent change since la Saturday morning,
when the Jury convicted him Of murder in the
first degree.
On his way through the square to the court
house, Probst was asked if he knew for what
purpose ne was being brought to the court
room this morning. He replied in the negative.
His attendant then told HIM II was for the pur-
pose OF having sentence pronounced upon hun.
When he replied, "Well, | am ready"
The courtroom was densely crowded, and all
eyes were turned to get last glance at the
Thug as ne sat in stolid silence in the dock.
Pending the openlrg of the Court the prisoner
was engaged Tor short time in conference with
his counsel, Messrs. John p. O'Nel and John A.
Wolbert Esqs. He appeared listless moody,
and, under the circumstances, wonderfully un
concerned. As the State House bell struck the
hour of ten, Judge Allison iand Judge Pierce,
accompanied by Judges Strong and LUDLOW,
took their seats upon the bench.
The doors OF the ante-room at the rear of the
bench were thrown open, and disclosed num-
ber ladies', members of families of the Judges,
who sat there IN full view OF the prisoner
at the bar. As soon as the Crler,
Judge Allison said:-"You have heard the
verdlct rendered in this case on Saturday. l
have occasion to say to the audience, 10 those
who are present, that there must be order pre-
served in Court. They must remember that this
is court of Justice. | said then that which |
desire to repeat now, that there must be no
expression Of appreciation or disappIobation of
ANYTHING that may be done Lere. said then
that the Court would enforce order, and would
punish in It's discretion any person who would
violate the proprietIes OF the place. / wish
similarly to repeat that this morning."
The District Attorney said:-May 1t please the
Court. On the 18th day of April last Antoine
PrObst, the prisoner at the bar, was indicted by
the Grand Inquest of the present term OF the
crime OF murder-ot the murder of Christopher
Dearing. On the 18th of April he was arralgned,
and asked time to be allowed to consider before
he plead.
On the 25th day of April, he plead not guilty
to this bill OF Indictment, and for trial put him
self upon the country. On the same day II Jury
was called and after an impartial trial that jury
rendered, on the 29th of April, AGAINST the prl-
soner, a verdict OF guilty OF murder in the first
degree.
it now becomes my duty to move the Court
that the sentence which the law OF Pennsylvania
afliXes to this crime be passed upon the prisoner.
John p U'Neill, Esq, counsel TOR the defend.
ant, said:-
May it please the Court-Before your Honor
will pass Judgment upon the verdict rendered in
this case, after consultation with my colleague,
we consider it our duty to file reasons in this
case in support Of motion tor a new trial.
The reasons which we propose fling, may it
please the Court, have virtually been discussed
and passed upon during the course of the trial.
Your HOnors have passed upon them, and we
shall submit them during the day for fling,
and leave them with your Honors for further
reflection.
We consider this TO be our duty in the full
Discharge of the charge which the Court has
assigned to us. We wish TO do all we can for
this man, poor, humble, and deserted as he is,
as we would do Tor the best in the land. We do
not wish to delay OF embarrass the proceedings,
and we therefore submit the reasons, kno wing
your HOnors will give them further considera.
ton If you should consider it necessary.
District Attorney Mann-May It please your
HOnors gave notice to the counsel for the pri-
soner that would make this motion this morn
inc.
Judge Allison-This is a motion to show cause
why new trial should not lie given. During
the progress OF the trial, exceptions were taken
in two or three cases. to the ruling OF the Court.
One or two exceptions were on the empanelling
OF the jury, based upon the ans wer which the
Jurors made to the answers by the counsel for
the prisoner.
In several instances fhe jurors said they had
formed and expressed opinions as TO the guilt
or innocence OF the prisoner. Several of them
SAID that they still entertained those opinions
and those impressions. But upon being further
interrogated by the Court, every juror who was
allowed to take his seat in the box, answered
severallv and distinctly to the form of question
propounded TO him, that Notwithstanding the
bias of impression, or opinions which he might
have entertained, or did entertain, from the
reading Of these accounts as they were found in
| the papers, each affirmed that ne could enter
| the box as an impartial ioror; that he could
| Judge the prisoner at the bar by the evidence
submitted to him in this case, aud be that only.
was careful IN every instance to call the Jurors
| attention to the force of the question as pro
pounded to him. In no instance was a juror
| permitted to take his seat un ess he answered
| upon solemn oath that he was, in the sense
| have propounded, an unbiased Juror. And
| each Juror said he could lay aside his feelings,
| and by the evidence alone pass upon the guilt
! OF innocence OF the prisoner.
This very question was presented recently
| In Berger's cese that question was submitted to
| the Judgment of the Judges of the Supreme
| Court, and believe am right in reporting as
| to the fact, that all the Judges of the Court an
| nOunced that the case, as II was presented tC
| them, and ii was not near US strong as the OPT