The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-29
THE HILL MURDER.
The Proceedings Yesterday Artcrnoo,

Brewster, J The defendant has offered to show by
SlGged to The witness to the effect that The deceased
@ the 6e fna
This has been obdected to- and argued bye ounsel We
upon either side, our not enabled
sus Il 10 ba f r esse our W.
fore to the general principles of the law which be
QUESTION s''''A "' - W. 'N''''' ''A VI '"'1
obnoxious to the rule which excludes hearsay decara1
tons Such statements not made under the obligation
rsusht R6 sPpod
his U H O s Ss
as to her fear of him and as to her intention to submit
the feGOgerV real estate NoT does this
on Which hensay % eVdecS OF
mitted, for this is neither.
tain declaration was or was not made, in controver
Second. Does IL refer to bodily or mental feeling,
which are the subject ofinqury; nor
Fourth i the scpossd part Of Snyrs,
Butthe commonwealth has been allowed to show facts
T Thh ba ag he a fraud
the deceased by securing the name Of his wife to be in
second That the defendant had motive for the COM
this Of e mot a to o s yoa GsT
belonging to the deceased lacri eansa;
tended to have the deed made as It was made in other
let rs imagine that the order given by the de-
f the DECEASED How could he prove his i'm II
Take another iilustTstion Watch formerly belonging
to deceased person is found in the pocket Of person
arrested for murder. Could not the defendant prove
that the deceased had declared he had given the
think such evidence would be admissible, for it
would fall under the exception o lar made Sg
person making them at the time when they were made
ordinary and nd 6shes s Of dey accuracy S and
& bere e IN b
cumsances of the declarant; and the nconveniences
guarantees for its in fact and from its freedom
from fraud are deemed much greater in genera! than
which probably,
Whiie therefore, feel the difficulty of deciding this
as S of G se e
in JarOrs gtG to give the defendant the benefit of
Judge Iudiow~f cannot see my way clear to admit
the deolaatonso the deceased lady as proof of the
that, in lar any evidence concerning the title to
has S oS Of hg
5ebU9g in the % fb Of t6e that is cyl
testimony presented BY the Court put beyond this DO
Ok e to
First Because such declarations fall within the gen.
seoond Keate the decsratons of third party
Third. Because in any view they are immaterial to
therefore in favor of sustaining the objection to
Judge Brexster.Ws are both agreed that this divi
| Here the Court took recess of an hour.
the Court recoPyensd and the tn tTia was
bills for, furniture purchased in the name of Mrs
Ellen Nolan, recalled-Mrs. Hill said to me at diae
rent times that the house and furniture, except the
in her asked her what about the piano and she
said IT Camilla learns to play t. tit it is I she
Months 'S at One Mrs TwtoRe
i%S Waned p
ss 9 had mo- her d sd 70 oiCR
| to going there again. went back; there was man
az s9d
very Well he would come there on sundays; She called
him Conrad smith think he was near sixty TX years old
h% he Sd White
come often t 70 Mrs Hill to get his meals he used to 90
erands for herr he cleaned the kitchen ndfurniture
came one sunday ater there he cams
made great fuss with them and play with them they
would not bark when he mi he was Md MOI 4 ta
were always thing that she ddn want to do she
DO she said she Wanted poor My xed that the
S % DSy d % ne ysS and her e D
she said she had Ts M MyPg she said shS had
as for
my nS sa G Sd sfS be head a
her, as she Mrs Twitchell was not very strong;
Knew
started house furnishing store there about November
familiar in talking to me- and asked what rent paid
s9Rgs tSs SSF waited ss Pss
wa R
Of asked her She dd not live there's thought she
At Tsnh and Pine Vas pro
@ H new az % s
went 70 live at Tenth and Pine, and knew her after
ny but haven't her for eight eV or me nine
months; last saw her at her house in Pine street,
large or but she had bought il Tor Camilla that
house in Tenth street will move up there for feel
the parlor and said 70 George and Camilla want
Gross was about four weeks after she
Twitchell was present when she told me this think
Robert B. Esser, sworn-I live at No. 1920 Green
street; am mannis9tu[er Of wood m9udings sashes
streets and made experiments try the facility OF
sound from one apartment TO another; Mr. Bender Mr
room, and remained in the sitting room back build
ing; halloaed, cried murder, and made great noise
the sitting room going into the story back
front building put nI ny bH ear next to the door
them II they could hear me, and they said MOI; this
house was built With & PsaYa ~ Is some seventeen to
and there is rise Of ten steps, the doors OF inch
Mr. zeiss was called in corroboration of Mr. Essler
Charles II nolingshead & reealed@Ihs s prisoner e
dem he engaged in the Manufacture Of cedar shin
giles the stock there consisted of S6 shingles within
mscSery there's do yo Il hm ba
il would not fan short of 5000 counted these shin-
there was no other factory of the kind there; saw
those shingles the day preceding the murder and
Cross examned-I have heard that these shingles be.
RRfes foas y Which they %aas the snns an
the prisoner is Indebted to me In the sum OF
John H. McCully, recalledThe real value Of the pri
property at the stable $l20o had 1t sold at
and other the auctoneer me for the pri
Gross examned-This property consisted Of two sets
time OF the sale bpthad one before the sale occurred
since the murder he had mare and colt In the coun