The national Republican., 1867-04-17

VI MARY ann heeVe, BY committing brutal
assault upon her person, was-resumod again In
Fisher presiding,
The courtroom was crowded with eager spec.
tators to hear the speeches and tho evidence in
the case, which TO ears polite and refined were
disgusting Still, for the credit Of tho Capitol
OF the Union, the morbid itching after the scan
mag, the crowd outside Of the bar wsre not Of
the diketanii class, but the parpenH and pie.
beians, white and colorsd, mixed up indlscrimi.
nately. .a.-r.. .
This was an unusual one for this court, to II,
credit belt said painful In It's recital TO the ears
sensibilities, and feelings Of all-the moral, The
high.toned, the cultivated, and the renned--savs
the sensual. The character Of the evidence ia
the oaso was Of such nature ns to tinge the
cheek, with blush, Of any man not wholly lost
to shame or modesty. Still much credit Is due
to District Attorney Carrington and Mossrs. Nor.
| ris and Fendall Tor the delicate manner In which
they propounded their interrogatorios to both
male and female, and the nice discrimination in
which their yorbnlisms were clothed.
The prisoner was dressed In a suit OF Mary.
land gray" face smoothly shaved, hair Of q
medium length and thin, oval face, grayish blue
eyes, "snubted nose, lower part Of the face
full, and has thing but the physiognomy Of m
intellectual faco, or, In appearance, highly ou-
tivated mind lie Is OF a medium height, broad
shoulders short neck, and taking his tout sRsepi-
bic, he Is as powerfully built and compact speci.
men Of the genRs homo rnigHs as Is to be found
In days ride. His demeanor In court was that
which might ebnracteriEe q man conscious Of his
own rectitude and innocenco-tho picture Of
meeknots, modesty, prudery and deviltry, In tho
most flushed style Of alto reiisrO
A few minutes past ten o'clock, Judge Fisher
took his seat on the bench of justice, and the
case was proceeded with.
The following gentlemen composo,ko jury, quite
an intelligent body:
Foreman, Fairfax T. Vernon; George +. Kid.
we'll, Jededinh Gittings, Hilleary Smith, Jacob
Aigler, Thoma' GaddiS, Isaac HertEberg, Ru.
dolph Richatds, George d. Fillebrown, jacob
sheiaey, John NJ. Starke, and Thomas W. Phil
lips.
District Attorney Carringtou, In an eloquent,
impressive, and solemn manner, made IN open.
ing statement to the jury, pointing out what ho
expected to prove, and dwelt particularly upon
their duty to pay strict attention to the instruc-
tionS which would bo given them by the judge
lie stated, as law, that where party is engaged
In the commission Of felony and undesgnedly
takes human life be is guilty Of murder, upon
the principle that q man Is responsible for the
consequences Of oil bis unlawful acts II tho
jury believes that he did commit rape, then be Is
guilty of murder, II by the rape death onsued,
though the prisoners purpose was only tho graf.
ifcation Of his lust.
Again, II party commits a crime nidlRm ia
81, wrong in it, elf, and while engaged In com.
mission Of that act undesignedly takes human
life, be Is either guilty Of murder or mnnslaugh-
| tor, according to the circumstances Of the case.
II done in a reckless manner, he is guilty Of
murder. II he has no malice and does the same
thing he is guilty of mnnslaughter
Wherefore, II they telieve from the evidence
that Cleaver, beng a married man, committed
tho crime Of adultery, and undeignedly took the
| life Of the deceased, he Is guilty Of murder, II
| done In reckless manner; IL malice Is not ap.
parent, he Is guilty Of mansaughter. Again, II
man INDUCES in a dangerous sport not forbid.
dehf by law, but in a reckless way, and II
thereby death ensue, he is guilty Of mur.
der. The District Attorney then Ield from
Greenlenf on Evidence, sec. 1I7, in support
| OF the principles enunciated. But supposing
the evidence will not support these principles =
unless it appears that q man engaged in
innocent sport, not forbidden by law, exercises
proper caution, aud death comes from 1.-THE
party so engaged is guilty Of mauslaughter at
| least.
| Mr.. Norris, the senior counsel for the defence,
addressed the jury in opposition to the opening
charge. He expected to prove thc-innoconce OF
the prisoner. lie characterized tho charge Of
the United States District Attorney as harsh,
brutal and unfOunded, and called attention to
the fact that the learned attorney had read
enough law to the jury to make book, and be
1
judges vocation, and he had prHcticed In some
courts where II lawyer would rise to read law
| out OF book he was made to take his seat, and
very properly too. Laughter,
The evidence Of several physicians, Mrs
Reeves, and others, was taken, but Is of such a
character thntwo prefer to not lny 1t before our
readers.
The court adjourned over until 10 0 clock thi.
morning, and the jury put in charge of the
United States Marshal, who conducted them Il
quarters in the seaton House.
| GENITAL REPUBLICAN CLUB.-A meeting
Of this club was held last night at Woodward I
Hall, John Il. Elvans In the chair, and A. @
Hall secretary.
Tho minutes Of the last meeting were read ant
approved.
| Tho Chair informed the members Of the clut
that the financial secretary had made out a lis
Of those who wore indebted to tho association
and he hoped they would call at the captains Of
fec and settle. About twenty five names wer
called, and three persons responded and com
piled with the request made.
=. ii. Rinohardt was nominated and accepted
as q member Of the association.
Dr. Boyd offered a resolution providing tha
no man who opposes the suffrage resolution
adopted at the Philadelphia (septembor) Conven
tion, holding that suffrage was not yet due th,
colOred race, should be supported for Office b.
| the ratioals.
Major II. A. Hall moved to lay on the table.
DR.. Boyd said he hoped a record Of tho vote
would be preserved.
Tho vote to lay on the tablo was taken, and
decided in the negative.
Justice Boswell said he believed the resolution
was intended to apply to him, and said that ovei
200 delegates went to the Philadelphia Conyen.
tiOn, and with him battled those resolutions. lie
was advised by Senator Howard and by th,
present Governor Of Pennsylvania, Gen Geary
who said 1t would defeat him, to vote agains
those resolutions lie still believed the resolu
tiOn referred to him.
On motion of L. Edwin Dudley, the rosolu
tiOns were postponed one week.
The Chair here introduced Senator Frelinghuy
sen, Of New Jersey, and he addressed the club
saying New Jersey was in the Union when th,
battles Of Monmouth and Trenton were fought
was in the Union when the battles Of the late re
bellion were fought, and ho believed she wa
always in the Union. Himself believed in fro,
manhood suffrage. lie believed the true mod
to introduce that question was by amendment Il
the Constitution providing that there shall be n,
distinction in tho entire United States on &C
count of color. The Senator characterized tn,
Presidents veto message on the reconstruction
bill as q wonderful document in what the Presi
dent utters, and especially in what he failed t,
utter, and oOntonded that, had there been n,
traitors, no treason, and no rebellion, then th
action of Congress would have beon wrong il
passing this bill. The battle Of Bull Run, b.
said, was necessary to effect emancipation and h.
accomplish the work of universal suffrage, as |
aroused the North to sens Of the real situation