Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1871-02-01
THE LATE MURDER TRIAL

completely vindicates our position in
relation TO tho acquittal of murderer,
by the juries Of this county, and the
reason we did not sooner denounce
the crime of allowing murderers tc
run at large, was, that we expected
each would be the last, until the late
trial, after which, "forbearance ceased
TO be o virtue" Hence, as public
journalist, We denounced it. This
was our duty, and we will continue
to do so until courts and jurics execute
law and protect society.
To the Editor Of tie Republican:
give you credit for the ability and
independence with which you express
your views But | think you arc
sometimes wrong.
Your comments on the result of the
trial of Martin Harder, for murder, are
10 my opinion, unjust to the Jury and
not sustained by the facts in The case.
As one Of the counsel for The Defen.
dant, | became familiar with the facts.
and with all the questions that arose
at the trial. But the trial is over.
my connection with il at an end. and
| now write simply because justice
TO the jury seems to call for some reply.
You speak Of the result rs an
acquittal. SO far from the result
being an acquittal, Harder was con-
victed Of murder, and as murderer,
was sentenced to an imprisonment Of
IL years and 8 months separate or
solitary confinement in the Penlten-
tiary. This was within one month
of the limit allowed by law in his
case. 1t is a longer sentence than
has lately been imposed by the Court
in any case Of the same kind
The question before the jury was,
whether the crime was murder in the
FIRST, or in the second degree. 1t is
murder in the first degree when the
murder is toiUful, deliberate and pre-.
medit0ted, icih tie intent TO take life.
But # the mind from intoxication or
any other cause, is deprived of its
powerto form design nth deliJeration
il is murder in tho second degree.
Accordingly when the murderer in
his sober senses, with n sedate, cool
mind, plans and premeditatcs the
commission of his crime. as whore IL
IS done for money, it is murder in the
first degree. On the other hand most
murders committed on a sudden quar-
rel though with deadly weapon,
under the influence of sudden passion,
provocaton or of intoxication, are held
to be murder in the second degree.
In this case the evidence showed
that the quarrel was sudden, occurring
about 5 o'clock in the afternoon. in
the open street The Defendant had
taken at least fourteen drinks since II
o'clock of that day, and was certainly
to some extent under the influence of
liquor an assault was twice made on
him by Dale who was man of sumo
rior strength; and when the second
assault was made and Harder had
been struck both by Dalc and Dale's
brother, he used q knife and killed
his assailant The knife had boon
taken out Of his pocket and carried
open in his pocket after the first
assault, but in such a public manner
that nearly every one knew it, and
Dale the deceased was fully informed
of the fact; and the whole period of
time that elapsed between the first
and second assault was only between
5 and 10 minutes.
Under this state Of facts the Jury
found q verdict of murder in the
second degree, and in regard to the
verdict we believe il was such as was
expected by majority Of persons Of
unbiased judgment who heard tho
whole trial. Beside this, il corre.
spends with what our Courts and
uries have generally done in like cases
under like evidence.
In the Morrison case the Defendant
with very little provocation, suddenly
killed Higgins, an unarmod man, with
an axe. Tho jury found him guilty
1f murder in tho second degree, and
The Court sentenced to only about II
years simprisonmen in the Penitcntiary
In the Ball case tho Defendant got a
knife and stabbed his victim in the
ieart, causing instant death, and the
'crdct Of murder in the first degree
was set aside by the Court, and after.
wards by consent, the Defendant
allowed to plead guilty Of murder in
he second degree, and then the sem
ence of the Court was considerably
ess than in the case of Harder. Yet
n neither of these cases did we hear
my word of complaint from the Editor
If the Republican against Court or
ury, or anybody olse.
In the we'll known case of Lawrence
Ullman, Judge Woodward set aside
he verdict Of murder in the first
lcgree, and afterwards allowed q plea
# guilty of murder in the second |
legree The Defendant was then
entcnccd the full extent allowed by
aw.
Hocbcnberry who shot Thompson
,ublicly at Lumber City, in this
.ounty, somo years ago, was con.
'ictcd only Of murder in the second
legrce. His sentence was only about
years in the Penitentiary, and | |
hink he was pardoncd out before his
crm expired.
Before a man can be convicted of
murder in the first degree the law
equircs that every element Of the
'Gencc be proved beyond all reasona.
lie doubt TO tho satisfaction of each
nror Our records show that both
ndges and jurors have been careful
Iot TO consent TO such n verdict and
Judgment while any such doubt re.
NAMED. And the judges have been
uito as tender and careful on this
'oint MS the jurors,
Why then, Mr.. Editor, single out
nd denounoo the Harder jury because
hey did not have a man hung when
hey had cbance' IL by so doing
he Harder Jury are all Solomons