The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-01-11

C0unty-HoH. Geo. Taylor, p. J.
CHARGE OF THE COURT.
The prisoner at the bar, John Gore
no is indicted with Charles Robinson fol-
murder Of Edward Holmes, on ar
ignment demanded, as he had right
DO, separate trial /; and you have been
|Orn to try the issue joined, aud make
hue deliverance between him aud the
mmonwealth, according to the evidence
e case requires at the hands of this
", and of you, gentlemen, the dis
.ye of the most solemn and responsible
N ever cast upon a court and Jury
issue is of momentous importance
n to the prisoner, and to the public,
Ne high obligations under which we act,
nouly De discharged by a firm perform
e Of our respective duties, in the ex-
else Of our best judgment, without al
Eng ourselves to be swerved by preju-
&c on the one hand, or sympathy on tie
her; and without regard to consequences,
which we will then not De respon-
lie, and over which we have no control.
q must take for our guidance the law
it is, and the evidence in the cause,
lthout undertaking to make or mould,
it is not our province to do, the one or
other, 10 our own views, or prejudices,
sympathies. 1t is our duty to state to
the law, and to indicate the questions
your decision, which arise on its ap-
c4don. 1t is your duty to apply the
as you receive it from the court, to
facts in evidence, as you have received
EN- from the witnesses, and so make up
rwrdict. We proceed, then, to COM
tAe case to yor.
Murder is the unlawful killing of any
nau being, with malice aforethought,
press or implied.
MALICE, which is an essential element,
distinguishing ingredient in murder,
il legal sense, as distinguished from
popular sense of the word, does not
40 spite or malevolence against the
Ased in particular, but tha. the fact
been attended with such circumstances
re the ordinary symptoms of wicked
raved, and malignant spirit hear
nrdless of social duty, and fatally bent
Fn mischief 1t IS wickedness of heart,
upting to tho commission of cruel and
Nful acts, In view, and regardless, of
consequences. 1t is either express or
Piled
EXPRESS malice is when the killing is
ii 'edate, deliberate mind, and FORM
delgn, manifested by external circum-
Oces such as previous threats or men
D., former grucges, and concerted
snes to do the party bodily harm.
pied or legal malice means, that the
has been attended with such circum-
ices as carry with them the plain in-
ATOMS of wicked and malevoIent
nt The law implies malice in every
ioerale, cruel act committed by one
rsOn 'galnst another, however sudden.
ny unlawful killing, especially with a
ny weapon, is, therefore, murder, un-
u De shown to be less offence.
ms Is murder at common law; and
s murder N Pennsylvania. Our
rS.s w law has not added any new ingre-
I ~ VI furnished any new definition, of
2 "iMe, What was murder at common
5 4 sun murder. But, our statute law,
y NC purpose of more just punishment,
GsaSnes between different acts of
q 'Ulous homicide, aud divides murder
th I'GIuer OF the first, and murder of the
h @ ~u oegTee. it is declared in the Ian
So ~ 'ne Act Of 22d April, 1894 re-
sn g.ed In the Act of the 3ist Warob
!. commonly called the ssRev;saS d.
3 UOoe, that tall murder which shall |
Psfpetrated by means of poison, or w.
a 5,I%, walt, or by any other kind of vii
4 vSm SIoefate, and premeditated killing |
4 rst;a a%n shall be committed in the na1
b oD' a, W.. or attempt to perpetrate, anv
\ MED Gpr, ROBBERY, OF burglary, shall be |
Obs, L; Hulaer In the first degree /: and |
Tsr ' AlGds of murder shall be deemed |
ore NJ y the second degree; and the iurv
rder sb.% % any person indicted for
nsSaa suall be tried, shall, if thew find
:, II 1a.S: rs.S?l guilty thereof, ascertain in
r ,',ulc| so whether it be murder of the
" !. second degree" 'D
q tba. nus made the duty of the iurv.
NniD lucy md the prisoner guilty. to
Z M, ?a'e !; between the two degrees of
j Sr.n ~ their verdict. 1t Is not Diff
j kSaily' to recognize the murders of
th ~SrSa. g@Se, here specifically defined
serni.a murder by poison, lying in .oait,
h ultted ,a in the perpetration of any
) l,,,i, oPe burglary, or robbery. These
s., ks,esSiy declared to be murders in
ssSS % as9ree But more difficulty has
as sS.sterminiDg whether particular
) a.. : included in the description.
a45e, aa% s'nd Of ,siltal, deliberate. and
kuts ga Ealing" This phraseologv
70 ! i means degree of deliberation
|; IA that indicated in the defined
. nAr murder pe.petrated by means Of
! su, sus,,S S'',g g IN scait and, from the case
ss,s Bob, tried by Chief Justice
! d l7SS SS0n after the passage of the
pn;S =, down to the nresent A.