The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1869-04-01
THE BRODHEAD MURDER.
OPINION OF SUPREME COURT

VIM. Brooks and Charles Orme ys.
Commonwealth of Pennsylvania. Writ
of error to the Court of Oyer and Termi-
ner of Monroe County. Thomas Brod
head kept the Brainerd House in Dutots
burg, Monroe county on the 25th Of
September last, returning home, he was
Informed that his bar drawer had been
robbed by two men who had left very
short time before with his brother Theo-
dore Brodhead, he started in pursuit OF
the thieves, and overlook them within a
mile from home; when be came up he
told them they must 60 back with him /;
that his bar had been robbed, and they
were supposed to be the men. Brooks
said he would go back, Orme refused. =
Thomas took Orme by the arm, and told
him he must go back, too; Theodore
Brsdhead then came up, Brooks took
money from his pocket and tried to throw
it over a wall two dollar bill fell near
to Thomas, who let go of Orme to pick ii
up; while in the act he heard Theodore
cry out, "Don't you shoot" looking up
he saw Brooks aiming a pistol at Theo-
dore's head, and cried out, you'd better
not shoot" in an instant Brooks turned
his pistol on Thomas and fired and wheeled
upon Theodore and shot him down, Orme
at this time crying out to Brooks, "Shoot
them down as quick as you cam" Thco
dore was shot through the heart, and
Thomas struck in the side, the ball CLAN
cling from bundle of papers in his pock
ct; Thomas, much hurt attempted to es-
cape, followed by Orme, who fired at him,
the ball grazing the forehead; Thomas
turned instantly, clasped Orme around
the arms, and scufle ensued-Orme
firing several shots at him, which missed;
Orme called to Brooks for help, telling
him to take a stone and knock out Thorn
as brains Brooks first struck him several
blows with his pistol, and then took up a
stone and beat him over the head and
face, cutting and gashing him severely ;
finally, overpowered, Thomas sunk down,
and the prisoners aed they were followed
caught and identified. These are the bare
facts stripped of superfluous statement.
Thus felony was committed the priso.
ners were the felons fresh pursuit was
V.
on reliable information of the felony
The fclons, when overtaken, were inform
ed of the felony, that they were believed
to be the perpetrators, and told they must
return before either was taken hold Of,
and one began Immediately to rid him
self of the stolen money. On this state
of facts the prisoners counsel asked the
court to charge the jury that Theodore
and Thomas Broadhead, not being public
officers but private citizens, had no au
thority to arrest them, that the arrest was
illegal, and the killing of Theodore was
not murder, but manslaug ghter. The
court declined so to charge
L is sufficient answer to say that the
points required the Court to take the facts
from the jury, aud pronounce the crime
manslaughter only. But if the arrests
were illegal, it does not follow that the
crime was necessarily manslaughter-
There remained still the question on the
evidence whether the killing was with
out malice, and arose solely from a sud
den heat and passion upon the illegal ar
lest. The killing was evidently not the
result of anger and hot blood growing out
Of an unwarFanted assault on the persons
of the prisoners. 1t was prompted by
recklessness Of heart, and consciousness
of guilt which determined the prisoner"
escape, even by the sacrifice of innocent
lives. 1t was violent, heartless, cruel,
and unnecessary, the pursuers having
done no violent or dangerous act, and
showing no arms or intention to iDjure
The killing was evidently malicious that
is the result Of depravity of heart and
cruel and wicked disposition. 1t was
murder (whether of the first or second de-
gree it is not material to the paesent ques-
tion)a it was not manslaughter. The
which the law shows in cases
of manslaughter is to the weakne of hu
man nature, not its wickedness. 1t looks
upon men as they are-the creatures of
natural impulses, and when justly pro
voked and transported by passion, un-
governable and deaf to the voice of reason.
But the cause which produces this frame
of mind must be reasonable and bear a
just proportion to the effect. There fore, |
says Sir William Russell in his work on
Crime, vol. /, p. 5l4: "The provocation
which is allowed to eztenuate in the case
Of homicides must be something which a
man is conscious of, which he feels and
recents at the instant, the fact which he
would eztenuate is committed All the
must lead to the conclusion
hat tie act done, though Intentional of
ieath or great bodily harm, was not the
'esult of a cool, deliberate judgment and
previous maliguity of heart, but solely
to human in6rmity." Hence
N illegal assault will not reduce the crime
0 manslaughte: where the revenge is
lisproportionate and laborious. (Ibid,
'p. 5l6-l7) And if on any sudden pro.
oeation of a slight nature one beats an.
ther in cruel and unusal manner, so
hat he dies, it is murder by express NAL.
ce, though the other did not intend to
ill him. (Ibid, 5l7-1S.) He lays down