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

Supreme Court.
there are one or two exceptions which have
been reported, about which Judge Pierce and
myself have no question as to the correctness
OF tie ruling as it was had upon the trial Of this
case. The most substantial of the specifications
was the objection whlch was made to the tesd
mony Of DR.. Shapleigh as to the char
acter, number, and description of the wounds
inflicted upon the bodies OF the several persons
who we're found lileless at the time of the dts
covery of the hIeless body of Christopher
bearing.
AS matter of the order of proof we rejected
the offer OF the District Attorney to introduce
testimony as TO the time; and, under the circum
stances OF that offer, we thought the proper
time had not been made. We required the Dis
trict Attorney FIRST to prove not only that the
bodies OF the other seven victims were found at
the same time, or at or about that time. We re-
quired him 10 prove, by the testimony of wit
nesses, who first looked upon those lteless
bodies when discovered in the barn at the lower
end ol the city OF Philadelphia, the number aud
character or the wounds, aud, as they observed
them, when those bodies were first discovered.
After that ground had been made the Coroner
having testified OF the examination having been
held upon the bodies OF Chr stopher Dearing
then we permitted DR.. Shaplelgh tO give to The
jury his professional examination OF the bodies
OF these several victims, associated as they we're
in death with Christopher Dearing.
We did not think, upon reflection and con-
sheraton, that there was any error in the ad-
mission OF that testimony, because 1t was simply
further development in the way OF The protes-
Eional examination OF the testimony in regard
to the actual injury inflicted upon Christopher
DearTng and upon those who were found dead
at the same time he was discovered, merely to
permit thus professional examination further to
go to the jury.
The exceptions which the counsel for the de-
fenoant have taken to the ruling OF the Court
in these several instances stand unaffected by
the discharge OF them which propose to IN Ike.
These exceptions shall be taken up to the Su-
preme Court, ana reviewed by that Court upon
the application to them tor the writ of error;
and il that Court shall think that there is any
evidence in the reason rs assigned to award the
writ, then more full and ample opportunity
Will be given to present any additional consIde-
ratiOns the counsel for tie defendant may think
proper to submit In support of the allegations
OF error In the rulings OF this Court. The pri-
soner, therefore, cannot be preiudiced by any
action which we may make of this application
We do not think that there is IN tue ca>e, or
in any portion OF 1t, any good and substantial
reason tor further delaying the action of the
Court. | desire to say, | have consulted Brother
Ludlow and Brother Pierce, and the case as re-
porred to Brother Ludlow is entirely agreed to
bV HIM. We, therefore, oVerrule the motion for
the new trial.
Antoine Probst:-You stand at the bar of this
court convicted of murder, OF murder in the
first degree. A Jury of your own selection pro-
nounced you, airer patient trial, guilty OF
crime the punishment whereof is death.
Without cause, and with malice premedtated,
you took the life of Christopher Dearng. This,
the verdict recorded against you, establishes as
a fact, judcially ascertained, after q solemn aud
Impartial trial, in which your every right was
most carefully guarded. No o1e OF the forms,
which the law has declared to be OF
the su bstacCe of such trial, in the Jealous
watch and care which it keeps over the life OF
the citizen and the alien alike, has been
neglected in your case. A STRANGER in strange
land; alone, but uot lriendless, for the law
itself became your friend; provided you with
able and conscientious counsel; shielded
you from popular violence; watched over and
or lifa with qlppDlpga vigilance. and
by the dhect interpostion of its might and its
power obtained for yOu trial according to the
forms oil the Constitution All this was secured to
you. BY none other but by legal evidence not in
the least degree by your Un confession, bat by
evidence from which there was no escape, most
conclusive in its character, you have been found
guilty of the commission OF one OF the most
appalling crimes Of which the records OF ciyi-
liZed jurisprudence make any mention,
A felony OF murder unparalleled, your heart
conceived, and your hands executed; In plan
most comprehensive; IN mnuteness OF detail
unequalled; in execution, relentless brutal,
savage beyond precedent
A husband ami a rather, returning to his
home, in all the strength and glory of his
manhood-a wife and mother, toiling for the
little loved ones whom God had given to her
to ling at her domestic altar, her humble tire
side-a companion of your daily labor, who
with you shared your bed, who almost slept in
your arms; at peace with you; the very breath
Of whose life you breathed-your fourth victim,
an inotfensive visitor, whose sex would have not
in vain appealed to your compassion, it
compassion you possess, had you but thought OF
the mother who gave you b rth. And four help
less children of these slau2hteIed parents,
four little ones who had never done you harm;
of three OF these, in innocent and happy
childhood, you had been the daily wit
ness; listened to their young and merry
voices, and perhaps have had them play
in confidence and trust about you; and
the fourth a smiling, tender, gentle babe, who
had not yet learned to lisp your name, or to
know you as a stranger IN that household
whose unyy bloody garments, brought here by
other hands leave testimony most crushing
against the monster, in the shape of man, who
cut and backed its youngest life away.
or all who gathered beneath the humble
roof OF Christopher DeaIing, but one remains.
little, lonely, solitary boy, saved not by YOUR
mercy, for mercy you had none, but by an IN
terposing Providence protecting him from your
murderous arm and upltted axe, with which
you sought to Nill them all.
All this you pertJTmed alone, or aided by ano-
ther, it matters not which, SO far as the legal
and moral guilt OF all these murders committed
by you Is concerned, and much more, that hui
man eye hath not seen, you oId with malice in-
conceivable.
Almost without motive you went at your
work, selt-imposed, and eight innocent victims
sistless passion, but in the GOODNESS OF premedi
tated design-one by one, at intervals, with
solemn pause, with calm dei6eratlon, and with
quenchless thirst tor blood you ceased
not until all that you set out TO do was fully
ended, and you found yourself alone with the
dead. Your triumph was then complete.
rms Is Dut a poor picture OF your work, ana
OF this here remind you, that you may, even
now, at this dread hour for you, realize, if it
indeed be possible tor you to DO so, the enormity
OF your deeds of blood, and before God seeS tor
pardon for your crime.
No Is,,,sk IA, -. I.,,N