The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-30

Carr and tse state y oEea man 10 Iredell' $685.
"Bscauss the court ad%is.ed statements Of VII;
.SSsn. % 70 cure "f me M iTsspisiy BY insractns the
Dsy to SsTsgsTd sm vPOp& & the HsS%oS 70 nave we
been admitted and stricken out were Sersain state
Josepn siibert was as Sed what !hs defendant said
S HIM after MS sa TN m had @ ns earEsn ss H
ness ansEe,ed that he arsT nS the na h e
ssd he wan Cd the armament made b IN 6a1 hs %S%e
ns Tss SSnS 70 dsnee nSf az Ss oonn 81 ta
paper, hil oblectlen was sustained. He then moved
ion sfsnied. and the jury inairucted to dls
e eat & p'f heGs q 'as sSsd Nothing The witness
had been allowed proceed without lntsIrnption OF
Silnsss stopped, and every %oiion mSse By sSs Go;
srpot ot heh can complsn Tbe same
remark is appcabe TO the other portions Of nv.
posed, and as soon motions were, m .de TO that
was carried 10 tSe ex,Teme Of mercy for one OF the
answers was 10 response e. qnestlon on cross eS:
resolved in favor of :! g ecopsed the testimony of
The CommonweaIth Called Wi liam Gregg. Hewas
sworn, and seid be knew ihe defendants he 'applied
to Rs too remote and sho wing the defendant
Sdoed' ut vas IN the negSporhSod of sie5o aid
lend Il TO him The Cours thereupon Instructed
~, be nCIsd ths, the p only objection came o
iendeD "had applied for loan money last Juue."
Il this were noomI Ieient no objection oond cure the
on, Or g direct me jury g oisrsgsr9 me SydenSe
n. V. o. r, n,
Strictly speaking, therefore. the defendant cannot
com plain. for he evit enoe was heard by his per.
ssS wa, Got IN proper form was H,tee upon to the
shouiS have been Presented. he has no ground OF
compliant. MY brelhren however. are OF opinion
SGs that Loan had s 9een & H Il perhsps
pressed for mOneJ as il the money had been Hc uAly
The sixteenth reason IS in these words:--"Because
the Court admitted as evidence of defendant being
Joseph Gilbert, that the defendant and his wife had
il is ufiicent to this to that The Court
old admit Mis-. Hllrs etstemsnts agaust tue de.
eviGepse on I'll he n6inT of an accusation Of robbery
came from he statement Of the defendant almself
That he dsis ndanI told himHHe had terrible tnis
This was before the offer to prove that deiep dant
kept three hores, etc which was followed by AN OBJ
blshed by the defendants witness, Mr. McCuilough.
fendspi's bank account was Sdmised upon an sssn.
rance that IL would be folowed by proof OF inao,ty
nteTy failed 10 SHOW ''''' '"'' '"'
be S as S e m n Se
testimony. The fact however, Is that The Common
TO pay rent alone but It ana OTHER things.S The
Seean bsF and d 81 S FsS OF S
Landlord TO appear; but the Com monwsalth did
show lhst the defen dAnt was unable TO pay other
In wsb.ters ease tBiun's) Report, 1857 the bank
lno ebtedpe OF defendant was allowed In the same
ger i dams; Il Ro6tos%n. chaissd with the aar,
6 WYE % se @ g HSq Of ws
sF %S re5~s5 % OF a, ~ hs la s Ss
| Court,
sons ether ihan ,hs deceased tBinns Report, ISL.
lSOl snd one Of the notes bore date % more t6an six
ee $50 IBID g. a5sl. 'D'' O'' O''
It is said that we shSud hsys allowed eyIdsnos to
the Tuesday before me mnEasr and that tni, tesli
that he was pressed. We do not think the offer was
Tbe nineteenth reason eompIsIss tina: The Court
be ii,reduced because Of pr svoIs
ad Weny s a 80 as
error the rejection OF ian opinion Of medical ex
ne result Of said experlm.n,s" It's Jury can Be
we'll abolish the form Of jury tria woman Is found
| murdered: Near her BODY lies poker stained with
Ing IN color to Of deceased a6reds Of
n SAYS In saSsIane tsat ene Of the FRACTURES and
number of the cuts could have been caused by the
e Tnsa an arc Ho GsF' tho
hs or the are no
wool or not from her caPor that 1 1.-The the opniiSSn OF
cause those WOUNDS he fSiows directly In the pa Of
the Common weslth,s & eyldenes THIS prsoaer chose
however were al open to him: But he wished 70 90
in the face Of an oSecon He PROPOSED to sRo%
that some other arm Than the detendangs couId not
| such wounds upon some other SKULL or what avail
The weapons, arms, and skull were confsssedly
| different.
The ex pc rmeu MT must have been made ON the skull
| OF a corpse. These blows inflicted upon the
head Of living person. The expert must have
guilty actor in this scene had motive which might
give far greater power to his blow hap any force tna
| could be invoked by mere philosophy teaching by
But aside from all these reanera ents the offer con-
trsdcted nothing pnyscisn In one 81 our d GrI1; MT
the wrsnd found apon the tnros OF the de-
ceased: During recess The then District Attorney
weapon he had in his hands actually made stiil
Com. vs. Geisen berger (Oy d Ter. Philsdel phla,
RsS se o% SS S nO
have broker the skull Of The deot ased piece Of
as se ihn as tissue paper Dr. Par mans skull Was
fractured " III grape vine stick; lBlnn's Rep. 5s6
27j. cited BY Judge Lud ow upon the trial, Judge
Dnya de veinG the opinIGn of Sf the oS Court Or A9
opn ops lof expers1 20 be admSsisie must always
By tie pToofs IN the case Mere professional opuions
upop abstract questions OF sconce having no proper
eVio emily ter d to lead thei minds away. from the
true and cal points OF inquiry, and should therefore
| always be excluded.
| There is, therefore nothing in this reason which
titles TO consideration as question OF law As
ter his WitSess slated that he did mot thinE any
| poker Of this material could have Inflicted th'
could not have been used four Times without bend
ing. *,s 1t ie possible 70 break The temp IRA
tongue Though the fractured skull. rhere Is auIho
be made by poker. A repetition OF the blows w6ulC
break lhe bones more. Dr. Manry STATED
The wounds could have been nhicted with this in
sirument: and we see IL as IL ls. IL is post
bic 10 make puuCLured fracture St the temple witt
that pokeTj would be possible TO make lacer Ate
wound with The POKER; unaonOtedy & the %hnie sKni %
I poker; II depend1 on the velocity OF each ow Ru
po9ai bope oHid have zen broken With tue heel
The poker, apd taep the tongue drawn In: hay hay