Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1871-08-26
Judge Jordan's Charge.
REPORTED BY A. N. BR1cE, ESQ.

Honor Alexander Jordan, In the murder case in
which Jacob Schoch was charged with tho shoot
ing of Matthew Kcarnoy. The charge delivered
on Wednesday afternoon last August 10, is con-
sidercd one of the best Judge Jordan ever deliv
cred, and as tits likely the last he will deliver of
the kind during his official term, we report 1t
entire for publication
GENT EMEN After few remarks from the
Court this painful and important case will be
submitted to you, and the Court feel perfectly sat
fed that you will give it careful, candid and i'm
partial consideration and the close attention you
have paid to the testimony and excellent speeches
of the counsel, justify the Court In this bolicf.
The Indictment of the prisoner Mt the bar, found
by the Grand Jury, contains two counts. The
first charges him with the crime OF murder; the
second with the crime of manslaughter. These
are among the highest offences known to the law.
The punishment In the first case is death by hang-
ing in the second case, imprisonment in the pc
nitcntiary. The penal code, although mild, de-
mands the death of an individual who wiliuly,
malciously and deliberately takcs the llte OF Il
human being This is deemed necessary Tor the
peace and safety of society. The law OF God
the law of man and justice, demand the punish
mcnt of the guilty. You, gentlemen, are sworn
to pass upon the guilt orinnoccnCe of the prison.
or mt the bar. Your duty Is II highly important,
and solemn one, but must he met and discharged
with fidelity. In regard. 10 your DECISION you
SnOUlu DC GUlucu Dy tilC INV ituu tHu tNsbilhoiy
If you depart from these you incur the guilt of
violating the solemn oath you have taken to rem
der n true verdict according to the evidence.
We have stated to You the solcmnity of the du-
ty you have to perform. The Commonwealth,
whose laws IL Is alleged have been violated the
prisoner whose character, liberty and life are in
volvod, and the peace, safety, and good order of
the community demand II faithful discharge of
your duty. The deceased without II moment 8
time to prepare FOR eternity is shot down-cut OIL
IL, oh frpp fn m
and all he possessed here. IL his life was taken
by the prisoner at the bar maliciously, intention
ally, wilfully, deliberately and prcmcditatcdy,
the laws of God and man demand his condcmna-
ton. Offenders must be punished, not only as a
terror to other wicked and evil disposed persons.
but to rid society of one dangerous to the peace,
safety and happiness of the citizens. You should
not convict the prisoner ut the bar of either ofthc
offences charged against him, unless you are sat
isded of his guilt, beyond all reasonable doubt.
Mercy is one of the attributes of Jehovuh-iu us
ticc is another. Ills law declares that who she'd
dcth mans blood, by man shall his blood bc she'd
With his own finger lie wrote on n table of stone,
amid the thundcrs and lightniugs of Mt. Sinai,
"Thou shalt not KILL" That law remains unrc-
rcalcd on Gods statute book, although delivered
thousands of years ago, and will remain unrc-
pcalcd until the final consummation of all things.
Our law is tempered with mercy. Its language
is, '@Bcttor that nincty-nnc guilty persons should
escape punishment than that one innocent man
benefit of any reasonable doubts you may enter
tain of his guilt. IL satisfied of his guilt, do not
hesitate to say so, by your verdict
Before examining the testimony 1t is proper
that the Court instruct you what in law consti-
tutcs murder in the first degree, murder In the
second degree, and manslaughtcr.
The definition of murder mt common law, or
the laws of England. from whence most Of our
laws are derived, is the wilful killing Of any per-
son in the Kings peace (hcrc IL wonld be the
peace of the Commonwealth with malice aforc-
thought, express or implied Malice prUpCn SC or
aforcthought, is the chief characteristic, the
grand criterion by which murder is distinguished
from any other species of homicide. Express
malice il, when one kills another, with scdatc,
deliberate mind, and formed design, such formed
design being evidenced by external circumstances,
discovering the inward intention.
Our act of Assembly divides murder into two
dcgrccs-nurdcr in tho first, and murder in the
second degree. All murders committed in the
preparation, or attempt to opcrpctratc any irSon,
Rope, ROBBERY or BWgldiy, are murders in the
first degree. In this enumeration, you perceive
the intention to take life Is excluded and all
murders pcrletrated by means of poison, lying in
wait, or by any other kind of ri!GR, dci0crdte and
prsn,ctlihtCd killing, is declared to be murder in
the first degree. Whenever, from the evidence,
it appears that the moment the crime was COM
mittcd it was done malicously, 1t is murder In
the first degree.
To constitute murder in the first degree, there
must not only he malice, but an intent to take
life, and the killing must have resulted from the
wilful, deliberate and prcmeditatcd act of the
prisoner. Tho intent to take life should be es-
tablished by the Commonwealth before she can
Justly claim II conviction for murder in the first
degree. If the net was not wilful, deliberate and
prcmeditated, the offence is not murder in the
first degree. In murder, malice is presumed from
the act of killing. How are NC to discover whcth-
or there was an intention to take life! Intent
mcans literally, the stretching of the nllnd to-
I. l., 1,.t .I.tf
or aim. 1t is an act of the mind which we can
not see as we can the act of shooting or striking,
of running or walking. II must be collected from
all the circumstances connected with the trans
action. If YOU see II man deliberately take up a
loaded gun or pisto-scc him apply his finger to
the trggcr-raisc it TO his eye, and take aim ut
some one within shooting distance, and fire, and
we sec the Individual shot ut fall, may We not
safely infer, that the intent Was to take life
Murder In the second degree is where the intcn-
tion Is To do great bodily harm or other mischief
without intending to take life, but death results
TO distinguish between these two offences, ii ID
your duty to take into sidcratlon, all the facts
detailed by the witnesses. IL one man strike an
other n blow with his list, or with small stick
not likely to produce death, but death result, Il
jury may infer that the intention was not to XIII
but to do bodily harm, and the offence would moi
be murder In the first degree.
1t may aid you in your Investigations, and IN
coming to II just conclusion, to define the terms
ma!ice, pitfd, deliberate, I'reRc,htdtcd.
Malice denotes IL Wicked dcprayod and malg
nant spirt-a heart regardless of social duty, aud
deliberately bent on mischief. Any formed de
Sign Of doing mischief, may be called malice
Express MALICE Is, when one person Kills another
with sedato, deliberate mind and formed de
sign, or does any other act of n serious nature
with the same sedate and deliberate mind, and
formed design. The word wllful may be defined
Us involving the element of individual intent
Deliberate Is calmness distinguished from pas
Sion. fremeditate means prior consderatlon-lI
ls not instantaneous.
You must inquire whether the killing In thi-
case was wllfu, deliberate, premeditatod, mall
elous, aud with intent to take life, II Il was, II
Is murder In the first degree.
The Intention TO kill may be formed for d
length Of time before the commission OF the ACT,
or II may 0Nlst but a short time. IL there Is suf
heent time for the passions to cool, II they hay,
heen exel,ed-tlme To deliberate and consider
aud the Intent Is 10 take life, u is murder Ia Ia,
first degree. The law asslgns no limits la which
cnollng time may bs said 10 take place. ENerI
case must depend on hs oNH circumstances,
Consider carefully tho circumstance under
which the death Of Matthew kuarney occurred
the time, tho instrument, the position OF the par
tics, thr prOyocallnn u there was any, the Wea
pon used, the distance between the prisoner Al
the bar, and tho deceased at the tine he received
the fatal shot, aud where he sas struck by thS