The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1871-12-01
CHARGE OF JUDGE ELWELL
ON THE
TRIAL OF HENRY WARD
OF TowANDA, PA, FOR THE HOMICIDE OF
WESLEY EUGENE SIIADER, OF LIMA,
N ", AT TOWANDA, ON FEBRU-
AIRY o. 1911.

| y
county of Bradford, and comes into this
Court for trial, upon the certificate of
the President Judge of the Thirteenth
judicial District, made under the au-
thority Of special act Of Assembly,
which permitted a change of venue
from that to some other adjoining coun.
ty.
The power of the Legislature thus 10
authorize transfer of jurisdiction is
undoubted. But whether the cause of
Justice or protection of the defendant
from unjust prejudice demanded the
exercise Of this power, or warranted
the subsequent action of tho Court, or
not, are matters which it would be pro-
iitlcss now to discuss. The case is here
according TO law, and must be decided
according TO the law and the evidence.
The iponsibility thus cast upon you
and upon the Court, is of the gravest
| and most momentous character. But
upon you rests the ultimate responsi.
biity Of correct and just decision. 1t
| ,
case, both of the law as it shall be de-
clarcd TO you by the Court, and the
facts as proved by the testimony, to pro.
nounce verdict between the defendant
and the Commonwealth.
You have submitted with commend.
able patience to the confinement incl
dent 10 trial of this nature, and we
have observed with much satisfaction
that from the opening of the case, ten
days since, to the present time, you
| have given to it your undivided atten-
| ton, and have listened to the evidence,
| and the arguments of counsel, with ev-
ident anxiety to ascertain, if possible,
the whole truth in regard to this lamen-
table, and as you probably think mys-
| terious homicide.
You have been warned against pre- ju-
dice or prejudgment. Your answers to
inquiries when called to those seats for
bid the idea that any caution from the
court is necessary on this subject. i
cannot bring my mind to fear that the
verdict of twelve, upright, and intelli.
gent jurors, selected by lot from the
mass of ther fellow citizens, will be
foundedupon anything besides the law
and evidence applicable to the case
Something has been said in regard to
public excitement at Towanda at the
time of this occurrence. This is per
haps not remarkable whether the de
fendent be or be not criminally guilty
But whatever may have been the cast
there, nothing unusual appears here.
Trials for murder, on account of tn,
momentous issues depending, alway
excite the public mind and call togethe
as here and now, great crowds ofpeople
We have no reason to believe that ther
is on this occasion any other dcsir
among the people than to witness th,
proceedings, nor any other wish thar
that justice according TO law be faith
fully administered. But lift were other
wise, and popular feeling existed eithc
for or against the defendant, it woul,
be wholly immatcrial TO us. Publ
|
right, but it is not the chosen arbiter o
the law; it is bound by no established
rules, whilst those who are charge,
with the administration of public jus
tlce are bound by the highest obliga
tions which civil society can impos
upon man, the court to expound In
law aud the jury to render their verde
according 10 the law and the evidence
The magnitude Of the charge, involv
ing as it does issues of life or deatl
prison or liberty to the defcndan
e should have 10 other Influence upO
your minds than TO make you caution
deliberate and just in weighing the ev
dcnce. and clear and satisfied in til
+ Judgment you form upon it, You wi
constantly bear in mind your duty I
lsocicty, aud will not fail to remembt
alsO, the justice and the impartial cor
i sderatiOn of the case which the eier
/. dant has rightto expect at your hand
That it should have dcvolved upo
me to preside over the forms of thi
trial and to declare the principles upo
which your decision is to rest, is by II
e means suhjecs of congratuation. 1t
y a situation which of all Others | shOul
,e have avoided, had not official duty in
periously imposed it upon me.
Since it has thus fallen to me to eX
cute this duty, | shall rot shrink fro
Is the task of declaring to you the prime
:, pies, of the law by which you are to
lo governed in your investigation and d
o, cision ofthe case, whether those prin,
A pies, under the facts, tend to the co
viclion of the defendant or to excu
- him from all crimnality.
The defendent is charged in this
y dictment with the murder Of Wesl
We f. Shader,On the evening Of tho 22l d
a of February, 1871.
" 1t appears that the deceased and {
gt fendant were friends, acquainted
ae or two or three years ard had visited ca
W. other. On the day when the deceas
was mortally wounded he was the gu,
a. a. of the defendant at his house in TOwa
"a. da. They We're together from about t
ais O'Clock in the morning of that day I
til evening. During the day they dra
wine and perhaps other liquor, and
all appearances were friendly. Dinr
20 was ordered by defendant at about t
nj O'Clock, to be ready at -four for the tv
in | They were called to dinner at four |
'iGai did not come until five, having gone
stairs from the library, where they W,
b. sitting, to the defendants bed.rot
- after being called to dinner. At abb
five they sat down to dinner. Deceas
en- sent note to tho hotel where he i
,ir stopped, to send his satchel, having
ND cepted an invitation from defendant
ne stay all night at his house. 1t was
ranged between them that they shot
!. take Il ride together to Greenwood
distance Of about six miles a carrii
was sent for and came. They sat 10
at the table, perhaps two hours, eat
and drinking.
The driver came and was impati