The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-26

Challenged peTemptor ly by prisoner
James Bafes-No conscientious scruples as to
capital punishment; have formed and expressed an
opinion; could rv he case however, according to
the evidence to be submitted
Cross-eXamined-- W ould require evidence to re-
move The oDinion, but would be guided entirely by
the evidence submitted to the jury; woud enter the
jury-bCX without prejudice for or against the pri-
soner.
Not challenged
JURY SWORN AND CASE OPENED.
with the acceptance of tins juror the jury to try
Each juror was then separately sworn by Mr.
Moore, Ii Q clerk, when the case opened for tho
commonwealth by Charles n Mann, Esq who
Nav it please your Honors Gentlemen of the Jury
An imperative serCe Of duty has led the Common
wealth to call this for trial at early day. 1t
has been heretofore somewhat reprOach to our
criminal justice q! con rasted with that of other
countries that 1t has been unnecessarily DELAYED;
that reproach we desire to remove. This aendsh
murder took place saturday, the 7th day OF April,
hit over two weeks ago. There Is 10 delay here
then. The spirit OF bloody mischief IS again abroad
1t must be severely and promptly Iebuked.
caIcelv had the pub1c mind recovered from the
alright produced by one deed OF blood subsidized,
wheA this bloody and Inhuman wretch, whoever he
was, on the threshold of an humble home II Sc
cluded neghbOrhoUd with one fell purpose crushed
whole family, and with 1t the whole household of
that tamilY-tather and mother, with their tour
children the bound boy and guest of the household,
the stalwart man and the infant in the CRADLE all
tel beneath the brutal blows OF monster; the only
one OF that Iamily left alive is The little boy
Willie, who was not there ready for the sacrifice
Gentlemen OF the jury-The line has come when
you, ss ministers OF the lew, must look this evil tns
appalling danger in the face, and say byyour dict,
that as far as lies IN your power, justice shall be
done and the lae vindicatcd.
Would 1t not be reprehenslble under these circum-
stances, anu with these dangers around US il had
not called this case for speedy triaS 1t is my duty,
in the opening of this case, to state the facts and
the law applicable to the facts Murder in 1894,
divided by ,he Legislature OF Pennsylvania INTO two
degrees-murder OF the first and murder of the
second degree.
he facts IN this case show such deliberate wauton
and cruel disregard of human llte that you
eveG from all considerations OF the different grades
OF homicide except murder IN the first degree, which
is dec ared to be all kinds OF murder perperatcd by
means OF poison, or lying IN wait, or by any other
KIND of wiltul, deliberate and premedated killing,
hlch shall be committed in the preparation,
attempt to perpetrate, any arson, rape, ROBBERY or
burglary.
The facts and circumstances upon which the Com
monwealih rely tor convection OF the highest crime
known to the law, 1 will state fully and minuteV.
The house where this brutal and fendish murder
took place is situated on Jones lane about quarter
of q miles from Point House road; IL is IN a lonely
and obscure section of the city, no dwelling nearer
than $50 or 200 yards.
with his family, peace with ali the world. His
household consisted at the time OF this occurrence of
eight persons-his wife, John and Thomas, his two
sons little Annie about four years old.
There is little cradle IN warm cosy Kitchen,
and rocked at intervals by the loving mother,
BABY fourteen months old Grieve Tor this child
thai it must keep the deep rest of Sunday in some
other world for wherefore should an orphan, when
once bereaved of father and mother linger upon an
alien and murderous earthf There is Cornelius
Carey, an apprentice seventeen years old satisfied
with his place, not overworked treated kindly and
that he was treated kindly by his master and
mistress.
Little Willie, the only one left of entire house
hold, sent to his Rrandtathers some time since,
and thus escaDed the fate tnat would surely have
been his had he been at home at the time of this
murder one other person completes io5 this house
this earth. A stranger who had been taken into it
at his own solicitation, pleading want and poverty,
shelteress conuiton, and his need OF work to sup
ply his nece~s sites.
He had been previously, for a short time, mem
Der of the family, and had been dismissed from it
because of .omething in his manner and conduct
at wnich the female branch of 1t shUddered. The
master OF the house, Christopher, more out of
charity than any need OF his services, had taken
him IN, had dealt with him liberally, and
cared for him bountfullv, and had reposeu
IN hlm his confidence, confidence which the sup
plant had sought no other purpose, apparently,
than to repay by bow, so sudden so causeess so
deadly, that we may well pause to ask ourselves
whether by any conceivable possibility, there can
live IN the bosom OF this man one single attribute
common to bumanlty-One single human sensbilityg
MISS Elizabeth Doan was not properly member
OF the Iamiy she was visitor occasionally, and un-
fortunately Tor she selected tins particular Satur-
day tOr one OF her visits. Mr. bearings position in
hIe was this; he was engagel with Mr.. Mitcnell as
dealer IN cattle; Mr. Mitchell finding the capital,
and Mr.. Dearing doing the necessary work.
The profits were divided equally between them.
On the morning of Saturday, the 7th day of April
he was in the neighborhood of Thirteenth and
south streets, providing for the wants his family
shortly alter this, be- tween aud o'clock he called
MI Mitchell, No 1929 Arch street. He transacted
he was last seen alive by any living being except
his murderer at Second and Mlftiln Streets by Mrs.
Wilson, who saw Miss DoIan getting into his car
rage and driving in the direction of the farm. To
the iaIm he and Miss Dolan went, iullJ we may SUD-
pOse of delightful antcipations OF joyous reunion
IN happy home, with the loved ones there.
Miss Dolan left her home, in Burlington, by the
seven O'Clock boat for Philadelphia, bringing with
her two fifty dollar and one twenty y-dollar compound
interest notes; she had them IN pocketbook which
was in black travelhngbag; she had also with her
gold cham and little TOYS, which, in the kind
ness Oh her heart, she was bringing to the children.
Cornelius carey, the first OF these victims that
killed. was last alive Friday afternoon, work.
ing IN the meadows with the prisoner.
For several days nothing was seen OF any OF the
family by any one but as they had few visitors and
kept TO themselves 1t attracted little or TO atten-
ton A neigh or TO whose house DearinR had been
in the habit of sending tor the papers, was led IN
consequence of the failure of any member OF the
family to call Ior them to 90 over to the prem ses
Gong INTO the stable he found the horses IN state
Of starvation, nearly dead from thiIst the Pig IN the
pen so weak from hunger that 1t was unable to rse
Administering to the wants OF the dumb animals, he
went to the house and looked In from the window
soSterSd a& rSdnG around 3 the floor. He imnodiStsy
sent for relative, whoI gong into the
barn near the end OF It, saw what he thought
was stocking sticking out from heap OF hay, but
on examination lound to his horror, 1t was human
foot He locked further but rushed to the door and
called Mr.. Wies, who, Immediately summoning aid,
uncovered the bodies, saw horrible and slc&enng
| sights man whom he recognized as Mr.. Dearlng,
| lying on the hay with his skull crushed IN ana mis-
| throat cut ana woman beside him, whom he did
not know. with the same character OF wounds.
He immediately put AImself In communication
with the authorities. They came carly IN the after
noon and careful search was at once made for the
rest of the missing family. Ia little criO, eight
feet By four 81 The rear end q tnS SarT e
not over yard from the bodies OF Mr. Dearing and
| Miss DOlan. . -- -, -,
| which thrilled the spectators at this piteous sight
| The mother with her skull completely mashed lni
around and upon her lay the poor little ones. The
n n