The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-06-15

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With which / am discussing this evidence, but
Which rests upon your verdict, / feel that you
will excuse me for perhaps saying too much
rather a than % fbis ease o The issue of Life or
Death depends upon your declslon, anu DeaIn
coming In any form is terrible -,
IL have stood at the bedside of a dying child
one pure as the driven snow-Wherc every
though to her death was but transition II the
angels in Heaven; yet even there Deatn Was
terrible; ono fun ~ years and bonors. after a
life well spent, surrounded by friends and rela-
faith and assured hope of a Christians destiny,
sinks peacefully, pninlessiy, sereney 10 rest
II know that some of you, gentlemen. know
that even on the battlefield, where, amid mn-s
sic, and ringing shouts, and waving panners,
seems exalted above the scenes OF tune ana
sense-eyen there when eomraoe Is I1s zen
the inspiration of triumph in his eyes, Death is
teEEib;e; onno. I'm, admit that ~ oil III. Conn
monweaIth alleges is true. the death or that
lonely woman on that bleak nlll-side, smla its
grey dawn of that early March morning, was
doubly terrible The heart slckens at the CON
temptation of srch a scene and shudders at the
very thought OF that which followed. The
mind instinctiyely seeks VICTIM upon which
to avenge such an atroeity! The common
weaitb's counsel well understand this instinct
i've feeling of the human breast. and they nope
to warp your Judgment, gentlemen, by proving
and constantly recurring TO TINS scene. As
honest, fair-minded, humane gentlemen you
will be careful that its contemplation has no
such effect, but from this very circumstance
only the more carefully, consctentiousiy, dis
passionately consider the evidence. The very
consciousness that the atrocity OF the decd
might influence yonr judgment should only in
duce you to act with the greater caution-tO
proceed with the more scruPulous anxiety
For, gentlemen, yoa cannot forget that II your
verdict should be against inns poor, unfortu-
nate man; 1t will consiEn him to death more
nat6 66an ,S Sey s3 same e re b
memory and leaves a stigma upon all those Who
dred. There are those who. unable to be pre-
sent and endure the painful suspense and anX-
iety of this protracted trial lare RDXously await
ing its issue and perhaps at this very moment
are prayerfully asking that you, gentlemen,
of Ss 1S 5ee
It places man nan on trial and says: May God
Yes, may God grant this man a safe deliver
snceLa deliverance from the dangers which
II have endeavored to show, gentlemen, why
gentlemen, but that you viii do your duty /
have at least endea vored to do mine.'
The closing argument for the defense. deIlv-
cred by A. KoPelin, ESQ, Immediately follow
ed. Before proceeding to address the jury, Mr.
kopehn submitted to the Court the following
points as matter of law and asked the Court to
SO instruct the jury:
LIST. That the Commonwealth must prove be-
yond a reasonable doubt that a homicide was
committed at or about tie time and place aver
red in this indictment.
I'd. That the dead body was the body Of the
person averred in this indictment.
Sd. That the evidence must point with such
unerring certainty to the prisoner to exclude
beyond a reasonable doubt any other hypothe-
sis than that he was the guilty agent.
the prisoner is innocent, and that before he can
be found guilty the Commonwealth must not
only furnish such sufficient proof as to over
come that presumption, but convince the
minds and consciences of the jury beyond a
reasonable doubt of his guilt
5th. That under the evidence, as claimed by
the Commonwealth, it could only be murder in
the second degree
Col Kopelin made a po~,erful arpument on
behalf of the prisoner, and asked a verdict of
Commonwealth had failed to prove that the ac-
cused was guilty of the crime imputed TO him.
occupied one hour and fOrty-hve minutes in
the oelIyery OF his argument
VIM. Il. Sechler, Esq, District Attorney, COM
menced the closing argument for the Common
mon~ealth at IL O'Clock. The evidence point
ing to the guilt of the prisoner was summed
up in q manner calculated TO impress upon the
minds of tho jury the fact that Annie E Moore
ed, and that her husband, Michael Moore. the
prisoner at the bar, was the author Of the ter
sible for an unbrokeu chain of circumstantiaI
evidence to establish such fact, he was the
guilty man.
AFTERNOON SESSION..
Court convened at 3 o'clock, when Hr. Sech-
Ter resumed his remarks. After a most able
duration, he concluded, and his Honor, Judge
Dean, proceeded to deliver the following
CHARGE TO THE JURY.
Gentlemen Of the Juru:-You have patiently
heard ali the evidence in this csseIfthat ad
duced by the Commonwealth to prove guilt,
evidence has been fully and ably discussed by
counsel for and against the prisoner. II is our
of the crime charged. so far as such instruc-
ton is, from the evidence, made necessary or
solemn oath you have each one taken, to in
quire, from the evidence. the truth of the mat
ter, and announce the answer to such in
quiry by a verdict. That verdict so far as il
anScts Scs the prisoner and the commonwealth,
such verdict as shall, on the enc hand. let the
innocent go free, and, on the other hand, that
shall not permit the guilty to escape. A thirst
for vengeanceion the criminal, which hastens
TO convict without carefully and impartially
shrinks from expressing In verdict the unwa
Vering belief of guilt a morbid sympathy
with the unfortunate criminal, which faTters
or hesitates because of consequences all are
alike out of place in the jury-box. All preju-
must be banished from Your minds! 1t does
honor to our nature that the preparation of a
great crime nils us with indignation, but il must
be borne in mind that this Indignation is fol-
lowed by a keen desire to punish the perpetra-
within limit which is satisfied with nothing
less than clear and undoubted proofs OF guilt,
culprit- With a determination, then, gentle
men, men: to be % gnided by the evidence, and that
the bar, Michael Moore, is guilty or innocent of
He stands charged with mnTderi Murder !;
the unlawful killing of a human being with
murder there are two degrees-first and second.
Our statute on the crime is in these words:
. murder which shall be perpetrated "
" means OF poison, or by lying in wait, or by
" "auy other kind of wilfnl, deliberate and pre
" meditated killing, or which shall be commit
" ted in the perpetration of, or attempt to per-
petrate, any arson. rape, robbery, or burRla-
" ~, shall be deemed murder in the first degree:
" and all other kinds of murder shall be deemed
. :. murder in the second degree; and the jury
" before whom any person indicted for murder
" shall be tried, shall. If they End such person
" guilty thereof. ascertain in their verdict whe-
gree
You will observe, gentlemen, by the statute
that it is for you to ascertain and determine the
degree To you the law commits this duty and
not to us; with you we leave it, after a brief
explanation of the degrees.
AS we before stated, murder Is the unlawful
killing of a human being with malice. To make
the crime murder, tw things must Appear
t1rst.ithat 1t was unlawful; second that ii was
malicious. A killing may be unlawful and not
De MURDER; 1t must be murder If it be mali
cious. Where one, on sufficient proyocation
In such state of rage and passion that his rea-
son is beyond his control, and without time TO
cool, strike mortal blow, the killing il unIaw
ful, but is not murder, because not malicious.