The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-03
LEGAL INTELLIGENCE.
Ibe GermantOWn Mu urheT-COnVietlOA of
shIIstlsn "er&or-SenCeuco of Death.


shEIstltsBS "er&or-SenCence of Death.
COURT OF OYER AND TERMINER--Judges Allison
and Ludlow. - Commonwealth VS.. Christian
Berger. The TT al OF THIS case was concluded
last evening, and at about halt past 7 O'Clock
the case was given to the jury, under The charge
of the Court, by Judge Allison. rhey were out
some thirty minutes, when they came in with
verdict OF guilty OF murder in the nrst degree.
Berger did not seem at all affected or moved by
this verdict, which he evidently expected, and
alter its ann nn0uncement quietly resumed his seat.
William BIOoke, one OF his counsel, made a
motion in arrest OF judgment and tor a new trial,
Tor reasons 20 be filed.
This morning the reasons for a new trial were
submitted to che Court without argument, where
upon Judge Allison, aitertconsultation with his
colleague, Judge Ludlow, said that the reasons
thus submitted presented nothing new, or that
had not been argued and pressed upon by the
Court upon the trial, except, PERHAPS the point
raised as TO the right OF the District Attorney to
challenge peremptorily juror after he had Leen
accepted by the prisoner, and had taken his seat
in the box, but before he had been sworn.
Under the ruling OF the Supreme Court, in the
case OF MCFadden, IL was held that a Juror was
not empannelled until he had first been sworn
and under that rullng and the recent Act OF AS
sembly upon the subject, the Court was OF the
Cpinion that the District Attorney had the right
10 discharge he Jurors as he mad done.
For these and other reasons, which the
leaned Judge gave, he said the Court would
oveIrute the motion IN arrest OF judgment and
Tor new trial.
District Attorney Mann then said:-
May it please your Hunors-On the 18th day
OF January, 1866, the prisoner, Christian Berger,
was indicted or the murder OF Mary l.. Watts,
hlch crime had been committed on the 9Th OF
January 1866. To this Indictment the prisoner
pleaded not guilty On the I'd day of February,
1856, a verdict was rendered against him on
SAID Indictment OF guilty of murder of the first
degree. | now move the Court that the SEN
tence which the law OF this Commonwealth
aflXes to this crime be passed upon the prisoner.
The prisoner vas here directed by the clerk,
Mr.. Moore, to stand up. In answer to the usual
lolmal question, whether he had anything to
say why sentence of The law should not be
passed, Ierger said, 81 have nothing to say"
Judge AlsonI then referred to the cir
| cumslauCes OF the case as developed upon the
| trial, which could have lett no doubt on the
minds oil the Jury o the guilt OF the prisoner, as
| they had lett none iii the minds OF the Court,
and also to the zeal, fidelity, and marked ability
| display cd by his counsel in his defense, the pa
tience with which the Jury had listened to the
case.
Judges Allison and Ludlow then arose, when
Judge Allison proceeded 10 pronounce sentence
| in the following words:-
The sentence of the Court is, that Christian
! BeIePr, the prisoner at the bar, be taken hence
! TO the Philadelphia County Prison from whenct
he came, aud from thence that he be taken tC