The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-09
LEGAL INTELLIGENCE.
The MagiIton Homicide.


The MagIltOn Homicide.
COURT OF OYER AND TERMINER-Judges
Brewster and Pierce.-The Court reassembled at
duced several witnesses who had seen the prisoner
more or less demented and acting as ii he was under
The Commonwealth called witnesses who knew the
conduct; DR.. William Pepper, Of the Pennsylvania
Hospital, testified that he had seen oxalura in
healthy urine after II has stood good while On
cross-examlnation he said the patients power of
discovered. The Court then adjourned until this
THIS MoRN1NG's PRocEED1Nss.
Mr.. Dwight, IN opening for the Commonwealth,
said;-Whoever has spent the closing of summer
found his whole being gradually filled with light and
OF h not but Sp sRs g
the rays which are given back from the wide extent
forests
seem like ayevet robe with which nature has adorned
herself. The lakes and the silver threads of
the rivers sparkle gaiy and the long reaches Of green
descend you 60 over desoste tract noun No
tain,s side or enter into the recesses of wood, or
reach the giant base And the valley is All the darker,
brightness and loveness which had filled you far up
tits thus. gentlemen. that you have been descend.
ing into the valley not of the shadow of DEATH but
far above you the scenes OF peace and virtue in
%aSh n a Sa & hSVe heF n wSk and have
And what contrast! There is quiet and kindliness.
wnsome Here all is dark and re puisive When we turn
10 the cheeruness Of our hearthsones the light OF
a Of f., darkness Not farther is the TOP
than Adam Msgtons 6o@e IN April from "diar Adam
the stately ship has passed below the horizons rim
tion of the church tower bell has died upon the air
Ths testimony OF the defense consists Of five parts
fG5 ton 6f % S 6e9S of ss s the exsmna
the direct testimony which the prisoner produced to
Third an alibi. Fourth his honesty; ana fifth, his
his mouth, his forehead; when you take them to-
gether, and take the combined effect produced the
eyeryOu him. that is the way with Mr.. Nesbe,
who thought he was too VEL dressed for workman,
like boss So lar the alibi is ed. the de-
exactly meant by saying that he murdered this lady
for g. In one @ sense ms i Is matter Of fact Four do
his motive was was, in,going to that house and commit
The secret is all within his heart. The motives
are all slum6ering there; but as matter OF tact all
bloody deed was concerned, the sum Of four dol
@ b9R man cot s wh8 a eEt
man got more more than Twice that much ''" Berger
deed wRoE Se hid SGt 4e I shoaES aaa
subsequently owned that there were $500 in that
away with some woman in Germantown. Some day
He blows hot with one breath and cold with an0
ther In one breath he attempts to prove albi and
deed, but am not accountable, owing to diseased con-
Mr. Dwight then considered the portion of the de-
tense relative to his insanity. For eleven years
forward-docor mother brother, sister-and testi-
ef Is s sS n hnys % d9Fps Of e es 6as %
II The hey he % To ae Ts us snG s
hey sys a4 sPS I i o does % not wGS ST sH a.
do this The argument Of the defense is that this
ject to hallucination and usons and mania and In
one OF these murdered the woman.
believed in the tenets OF spirtualism-and this
tify that he was insane The defense OF insanity has
no strength. The witnesses who come forward and
ofhis faculties. He has not made himself out an
sane man a. any point Of his ne ne The evidence
der or from the 10th of March up to that time, the
Iremember, gentlemen when was little boy at
nom they used to make cake nsIt az So1
pound ofsugar half pint Of milk and eggs to suit
cake They come here, roll up their sleeves. put on
threec hat and get 70 work making uD cake
frances and fits to suit ana thus & cake M they call de-
sRa tGe aed IKE 'no 'e boy
." D'' SPsity tSSSi cake patty cake. bakers man,
Roll i tsnd brand It W with q IN insanity, Z; ~
In regard to Dr. Pancoasts theory of the oxalate OF
lime MI Dwight argued that Il would be as reasona
eSnF Squ which WOua produce this salt as that
the & ss Eysy S 9 the 0GSdy ro
Broad and Shippen streets into Magiltons house. and
sane aP 20 as that he s%o g b
and The gtsT DS6s Sn s e S the the
drant the treacherous razor; the white hands from
which the stains had just been washed-al these
rble items; and IL argued that these clearly,
undoubtedly 70 point out the prisoner the murderer
of Mrs. MagiltOn.
This is a case of crcumstantlaI evidence. Positive
evidence the account of personal knowledge OF thar
which one has seem but where facts have been estab
lshed Dy witnesses by positive evidence the PROOF or
the reality OF the alleged asserted fact 70 show that
he did is circumstantla evidence, II you only prove
facts concusively in the first place, ana then
start In the right path, reason Will lead you un-
erFingly to correct concluslOn. The Common
wealth, consider have completely overthrown this
theory of defense and the case comes down 70 the
question, Did George w. Winnemore murder Dorcas
Magilton? think that your verdict Will be such
M Kiigore followed for the defense. He acknow
lodged the weight OF such a case, and protested
stronglv aRninst the hurry and haste with which
She District Attorney had forced them on to trial.
ana went on 20 IaY M. py,Sh beautiful and elo-