Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1871-08-26

slaughter, or whether tue prisoner NJ the oar IS
guilty of any of these offences whether, II he
committed tho decd, he was Justified In doing SO,
or, whether the shot was an accidental one. In
your examination of the evidence, IL You have
reasonable doubts of the prisorcr's guilt, You
should ucqut him. lie Is entitled to the benefit
of those doubts.
On the night Kearnoy-was killed. there was a
dance Mt the house of the prisoner. The guests
il seems were invited, an Dlvid Eiseuhart, Ed
ward Carey and Matthew kcrmcy, met that
night. and had been drinking to what cYtUnt,
YOU Will determine. These three men unfortu-
nntely went to Schoch's uninvitci. Eiscnhart
says he went up to the door and ravpcd--thc cast
door that Schoch came ont that Carey aud
Kcarncy stood on ground back from him. He
asked to 80 in; Schoch refused, and told them
to 20 away. SChoch went in and directly Mrs.
Schoch came ont, and Kcarncy or Carey asked
if they couldn't get in. Schoch told us to 90
away. He came TO south door; Schoch told
Kcarncy il lie wouldn't go away. he would use
his revolver Kcarncy walked away. a shot fell
in about u minute and hearucy dropped. The
pistol was five barrel revolver, which You will
remember, Samuel Dampman handed to Mrs.
Schoch that night, and was placed by her in
bureau, and taken out that night by Mr.. and Mrs.
Schoch. The position of the parties ut the time
tho shots were fired, so far is necessary to de-
tormnc, is for you. There Is not any evidence,
if there is You will consider it. of any threats by
Carey or Kcarney, to. injurc the person or pro-
perty of the prisoner no attempt to force them
selves into the house against the will of SchOCh.
lie had Il right to forbid them TO come in it was
his house-his castle, and they should have left
when he told them but if there was no attempt
on their part to force n-no threats of injury to
person or property, the shooting of kcancy was
not in defence of person or property. To Justify
the killing of another, the slayer must be placed
in such n situation us to compel him to take life
to save his own. Was that Schoch's position
Was he thrcatcnd by Carey or kearncy or Escn-
hart Did they attempt to iniurc him A man
may he SO suddenly attacked, and be III such Il
situation us to Justify taking life but If he have
the means of rctrcating and escaping from his as
sailant, he may not take his life. man may
not kill another to prevent n trcspass on his pro-
pcrty, but he may to prevent great bodily harm
to himself, or the loss Of his own life II from
the evidence you are of opinion that the prison
cr's life was not threatened by these men-that
they made no attack upon him, or his property
done nothing to put him in great bodily fear, you
will say whether the killing was justtabc hom-
icidc. lfthesc men were Mt the south door when
Schoch went for club and got it-wCnt to the
door and came back again, and Inquired for re-
volvcr and got it, and fired three shots, fuuras
some of the witnesses testify what they were do
Ing, and what was said, docs not clearly appear
The loud music, it would seem from the the tcsti-
mony of the Rev. Mr.. Buckingham, was made by
Schoch himself His voice was loudest. Why
he fired the shots at south door, We caunOt tell
but the testimony shows he was Il good deal cX-
cited, and Immediately ON leaving the south door,
came through the rooms TO the cast door, opened
ii, and fired two shots, one of which proved ia-
tai. Tho ball entered the back part of Matthew
hcarney's head, and penetrated forward and
downward. Where the prisoner stood, aud whcrc
Cary and kcamcy were when the last shots were
fired, is submitted to you. Did Schoch see them
when he shot, was the revolver aimed ut them,
and If it was, was it with the intention tn
kill, or TO do great bodily harm, and not to kill.
Shoch, it would appear from the testimony, was
standing In the door, and Kc0rnCy on the ground
near the cast corner of the house. One Of the
witnesses, Elizabeth lIolshoc, stated that every
time Schoch shot, he said, sect ont" This
witness speaks of his having second revolver,
and going to shoot N;ain, and was prevented Ivy
Wm Haas, who told him IL was Ike Rake. lie
said to Ike Rake, Cir he is bclicvcd) did you sec
that fellow run. Rake said he did, but there is
Il man out here you shot that will not run. That
Schoch then returned into the room, ami his Wife
said, "Jukc Schoch, what made you put us in
such misery. lie said lac ddu't care a dann-
he would shoot any damned Irish son OF bitch
that would come around his house. lie then got
his clothes and left. Iou are the judges ofthc
crcdbity of the witnesses, and their testimony
Is submitted to You. Docs the conduct of the
prisoner, after he was informed that he had kill
cd Il mau-his firing live or six shotS--thC man
ncr he urcd--thc placps from which he iirod-hS
declarations and conduct satisfy you the killing
was accidental or was it Intentional. That he
was very much excited, think is shown by the
testimony. If Josiah kablc is believed, he said
to his wife when size told him there was IlIn
killed outside, he didn't care n damn-hc was go-
ing to boss about his own premises. To Rake, II
he is beliycd, he said, by God, he ought to hc
shot. When in prison, testified to by David
Trutt, and when Elias Shade said to him, damn
you, you shot Il man, ShOch said, yes, did, and
that he would shoot any man that would come
into his yard. The firing of The pistol five OF six
times by SchoclI, does not appear to bcaCcidcntal
but Intentional. tf this, however, yuu are to
Judge, whether the shooting of kcarrcy was acci-
dental or Intentional, Is also Il fact for your con-
sidcrution. Was tha object OF Schoch, when he
fired, merely to frlghtcn them away aud not TO
hit them : Todetcruliac this, you Will of course
refer to'all the testimony bearing on this pant Of
the case--what he said, aud what nc did.
Evidence has been given To show that the pri-
soncr, rs soon as he was Informed of the killing
of u man, left his home, and remained away some
eight or ten days, and then returned. and made
Il voluntary surrender OF himself. WCale taught
in book of high authority, that "the wicked
ilec when no man pursucth, but that the right
cous are bold as a Lion, this leaving suddenly,
and remaining away for some time, Is u clrcum-
stance you may take into consideration, hl de-
terminng whether the shooting was Intentional,
or merely accidental. 1t is by no means conclu-
sivc evidence of guilt, one standing alone would
be altogether insufficient to convict. uan
may Ia Innocent, aud yet lce, fearing public In
disnation.
Before this most unfortunate affair took place,
the prisoner ut the Bar sustained good reputl-
ton rs "A pcaceahlc man. lie has lived In Shamo-
Kid number OF years, and duriag that time
seems To have maintained this character. This
Is tact In his favor, and tEt prisoner is entitled
to the hcncnt of It. When the case Is a doubt
ful one, previous good character has some weight
Ia favor of the deceased, but can have no weigh
IN favor Of an accused When Els guilt Is clearly
established,
If, from the evidence, you lHl the prisoner at
the Bar guilty az murder, yuu must, la your
verdict, Distinguish uul state whether hc Is gul,ty
of murder Ia the first or second degree. If you
believe lac Is not guilty OF murder la tho Arat or
second degree, then d he In your opinion, guilty
Of voluntary mausaushicrt II yuu lind lac Is,
then II will BE- your duty 10 pronounce q verdict
accordingly, II the killing Was accidental, tlau
il Is admitted by the cuuItcl TO. thc Common
wealth, the prisoner must Do acquitted, and your
verdict hc mot guilty."
The situation and condition OF Eiselhart aud
Cary, on thc night ~ the a!at OF October, aud
especially at tn time tiyy Wvtt 40 schuch's
house, Is submitted 10 you, 10 What oNtyut thcy
we're under the influence oi utusicstlu- drluks,
or dn not pretend 90 dry.ir, When . uilu b. 30
much under Tho iuilupuct ul intoxicating alukh,
as 30 stnpliy him, and destroy th3 poWyia uf rt-
collection, his &. .tIlulY, 4uengiuluTatyi, would
not Justiiy a couNlriluu Coz r,lu.,
Contradictions h.,Ntpu lAu tastuAuuy ul come
of thu Commonwealth slluraa.s lsta uayu Ta-
icIrcd ~ by the pi.ru.rl'a ,sgusll, tA-.e yuu
must reconcile il you eau,