The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-02-15
TsF PAUL -MUHDAY MURDER.
commonwealth VS.. John
DC ,Iowser and Daniel Buser
Dec. Term, 1S65--@
'aurder.
rUARGE OF THE COURT.

!. r,grt Of Oyer and Terminer Of Cambria
ryaty-Hon. Geo. Taylor, p. y. go
CHARGE OF THE COURT. 4
smsa of the Jury The prison
bye been arraigned, and are upon
trial. on an Indictment which
80, them with the murder of Polly
! on the 7th day of last June, in
rrs township, in this county aud you
been empanneled and sworn to try
important issue.
Fle body of the deceased, maiden
about seventy years of age, who had
Il long time resided upon and used and
.roiIed as her own, and had generally
kpied alone, farm IN Croyle township,
Ound in the stable on the premises on
th day of June, by neighoors whose at
ion had been directed to the place in the
,er disclosed in the evidence; and,
Ne orchard, short distance from the
q and stable, the body of Catharine
iy, q girl of about sixteen, the daugh-
4 neighbor, and who was for the
saving with Miss Paul learning to
re. They we're both dead. The skull
g,,g. from the front around the side of
head was broken aud N a fragment
state, evidently caused by blows with
hub, or some blunt instrument, as
Bum testifes, which must, III his
pion, have caused death instantly or,
use his words, as soon as il their heads
been severed from their bodies by
blows. Two clubs we're found, just
e, carefully fashioned, of the same
and the same kind OF wood, one near
body Of Mss Mundy, in the orchard,
the other in the house, where the
ass we're found in disorder, and the
grn up, aud upou the floor. Miss
l!uring the long period she had oc-
the property alone, had been sell
liter and other marketing rails
md occasionally selling stock, and
rns for the neighbors; and is shewn
I've sold timber from the land, ard to
received money IN different sums,
% different occasions. The reasona-
Eapposition Is, that she must have ae-
sated 4 considerable amount of mo.
but none of her friends knew of her
e loaned any, and there was none
d IN the house except $50 or $40 in
booklet OF dress banging up against
wall, and a few small pieces of gold
scattered where the bed was torn up
the floor. r.- &c. ...-
0 the light of these facts, it is clear
9nd doubt that Miss Paul and Miss
adY, we're both murdered by some per-
Or persons; and that, whoever did it,
Fas murder of the highest grade, of the
degree. The unlawful killing of any
ban being with malice aforethought
ess o. implied, IS murder; and malice
EpIIed in every act of unlawful killing.
der In Pennsylvania, is either of the
or second degree. All murder per-
aied by means Of poison, or by lying
hit, or by any other kind Of willful,
9rate, and premeditated killing, or
co Is committed in the perpetration or
IP' 70 Perpetrate any rape, arson,
gary or robbery, is murder of the
degree. In all the cases specified, and
very other case In which the taking
was plaicly contemplated and in
f4e, which constitutes a willful, delibe-
ald premeditated killing, the murder
lie FIRST DECREE. And it is the
oi the jury, when they find a prison
.1lI'y OF murder, to ascertain and find
le verdict, the degree of it.
. clear beyond any doubt, we repeat,
Miss PAU and Miss Mundy, were
murdered and equally clear that
Mele both murdered from the same
H oe' III Tue execution of one criminal
pose, and by the same speuev and il
tuany clear, tina: it was murder. not
"llllqi' deliberate, aud premeditated.
murder perpetrated in the commits.
d ROBBERY, and, therefore, a muir
. s,Sat 'n' iIhST DEGREE. The two clubs,
u;uef circumstances disclosed ON the
q I@l when the dead bodies were
y Tbo WIN the evidence Of Mary StibiIis-
mad 5 Z Snen hunting her COWS, was
NJ NJ y noise at the house, and saw
sr 5,-, II dark clothing running towards
,y.,- nu' and whose report led to the
i, on the murder, would seem to
y PLAN, also, that TWO persons, at
we're concerned in the Commission
~. :. vine. This Indictment CHARGES
I'SUlers with the murder of PoII.y
sla, while the jury are to pass
a,. NC evidence, and determine all
,io "o' OF tact.i in the case, the only
n - .. aOout which there is any contro-
:5s,, y ~ grouDd Of controversy, is, did the
h; commit the crime Pare they
snSI l9I the Commonwealth to prove
'Iai'y agency, and by evidence
n,, %a'es no reasonable doubt upon
NJ sDIolliDg question of fact no rea-
H,1 uoqbt Of their guilt. There are
ds = VI evidence, by which any pro-
II any case, civil or criminal,
Ue established IN Court of jus
,sa sases and positive, as where a wit
ia con,, Sis Directly and positively to the
W. n