The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1872-09-06

Monday
last the case Of the Commonwealth vs. Mi
chael Moore, convicted at June Sessions of
murder III the first degree for killing his wife
near Mineral Point, was called up for the
purpose or Tearing the arguments for and
against he granting OF new trial as moved
1ur by the prisoners counsel at the Rfne of
his conviction. The reasons then presented
Tor seeking another trial We're reported in
luI IN TINS paper, and hence need not
pIouuce InGIn here. Since then, however,
additional testimony has been taken, the
most important of which is the sworn state
ment of MIR. 5. a. Reynolds, an employee of
the IA X. X. Co, who testties that he was
working in the vicinity OF Mineral Point at
the time OF the tragedy, that about o'clock
ON the morning OF the day that the body of
the murdered woman WAS found he was
walking along the railroad track from the
direction of South Fork and towards Mineral
Point and that at a short distance east of
the place where the footprints led from the
scene of the tragedy to the railroad, he met
Il suspicious looking nl;fu walking in the di-
reCtlOn OF South Fork. and that he noticed
that portion of the strangers coat-tail was
burned OFT. The deposition of this witness,
as well as the testimony OF several others
who had been examined for the purpose OF
attempting to prove an abb was read by Col.
Linton, one OF the prisoners counsel, after
which Mr.. Tierney, on behalf OF the Com
monwealth, delivered an argument i'll oppo-
sltlon TO the granting of a trial for the
reasons first offered. Col. y. kopelin fol-
the various reasons which had been submit
ted, and at the conclusion Of his remarks his
colleague, Mr.. Linton, delivered Il most able
and lucid argument touching upon the rea-
SONS offered and also upon the material pOr-
hons of the after-discOVered evidence, which
might have had some weight with the jury
had these witnesses been produced at the
time. Mr.. Sechler concluded for the Com
lnonwcath, and at a quarter past ! o'clock
the prisoner, who was present during these
proceedings was reInauded to Jail and his
Honor, Judge Dean announced that he would
decide finally upon the issues presented Oh
OF before "Wednesday morning.
MOORE MUST DIE.
On Wednesday morning, his Honor Judge
Dean, ONerruleti the motion III arrest Of juds-
nient and for Il new trial which was luade
10y Moore = counsel, and the prisoner WIS
called mp for sentence. The Judge, pre-
Nious to pronOuncing the dread Judgment,
addressed the condemned in the following
pathetic terIuS:
Michael Moore: \ jury OF your country has
declared y0u guilty OI the highest crime known
10. 70 Htil nav louT t3nH Ictl"Il was hiu aItft
tair ana impartial trIaI according TO law 1t
might almost be said the jurors were OF your
. COuhuuWcalIh, about Ihe auHtlssthlIity OF
which had any doubt, WAS excluded All
. the evidence offered 10y you which i'll any way
bore IN your favor, however remotely, was
{ heard. The trial lasted almost eight 1uil days.
+ Before il commenced, aud during /. . progress,
I you were uetcnucd by able, Conscientious aud
zeal. us counsel, and we do not hesitate 20 say
.
. to avert tnis verdict, you wOnId not DC Iii your
J present situation.
! In submitting the evidence to the jury we
Were c"rel ui to guard Tor y GA every right when
. the law gives To the prisoner. We repeatedly
said II them that in considering IhC evidence
/ they should start with the PrcSuHptIon oG your
4 inHUcruCc-thHt they shOdid give To you the
I benefit of tins presumption III every step OF
their deilbcrHtions- thitJ II single max IN the
CDmInD Bi,ltn cha Of want
! ing, or II single material luCt was lhcOnsIst-
T cuI WIN the other lactS tending 70 prove SHLt,
or if the Whole of the fuCts uid not point TO
guilt, and guilt alone that the case OF the Com
mon" eaith had 1dIlco' ana thej must acquIt
you. e also carefully directed their HIICn-
/ zion to every thing adduced IN your favor, and
/ urged IHelh 70 scruliHi1e fiSlulS az the cNI-
/ uCHce which bore against you We do not
doubt thar the jury lEJeiligcntly and conscicu-
uousy performed tnGif sworn duiy; in thcir
. VeTuict we concur. That verdict il Before us.
. From il We know THAT you aud one annie l.
boyle commenced iINIhE togeihcr as man anu
: wife at LiiIy's station IA TINS county, III lC5j-
B that you lived together there nearly two years,
when size lett Nothing more was heard ot ner
by her friends, nor, so Ear as Is known, by YOU
until the tall OF i61l-ueurly sixteeH years after
/ when communication by lettcr was establish
/ ed between you and her. Al this time sue re
sided in Philadelphia. soon after You visit her.
You IoUnu hcr III what was, dOuUtess. 10 her
u comfortable home. Win You ana Tor you
she leaves il, never TO return She Claimed 10
i'e your W Ctdvd wIfc-;I claim you did not deny.
Together you 20 TO CSceOIi. Aitcr rcILaIHing
there some weeks, You go To Tyrone, whicu
place you leave together ON the evening OF the
Zstn OF February last, and arrive at Mineral
Point the same evening. and from there on foot
Z proceed in the dIrection or the woods where
her njJtilHted body was found, ana there, either
that night or carry the next morning, you de-
( liheratcIy took her life-then al Itempted 10 con
Ccal all traces of the crime by burning the body
In all the array of facts proven in the case, we
seek i'll vain Tor one which can mitigate guilt
ur lessen our horror of the deed.
She had been sick tor days before and was toe
ill to leave hcr room at Tyrone, ana IL il to be
presumed her condition mad not materially
changed when you arrived at Mineral Point
that uiYht-IT was cold, snowy. wIuIry night
( You conducted her Into the woods, away from
shelter, out or the reach OF SuccOr-nO pen son
was nigh. Your victim-a poor, weak woman
I
worn IN tramping through the snow, over those
/ bleak hills, ON thai winter nighl-aIi at once
discovers that you intend to murder her. Be
! yUud heip-uuaDlc to Iee-tOO weak 10 resist
f her unutrcrubie agony, her awful terror. are
beyond human conception! Deaf to the al-
pcalS of conscience deaf to the despairing cTirs
/ of your yictiin-yon murderously crushed out
/ her life; but the AII-Seeing Eye saw, He whose
| ear is always listening heard, and tue deed in
. all its hideOusness Is Drought TO light. Hence
this verdict, which declares that you, Michael
/ Moore, On the list OF last March, with malice
/ aforetuought, wilfully, deliberately ANA with
/ preme,iitaJiou, murdered Annie l.. Moore.
1t Remains Tor MS o enter the dread Judgment
may what reins,i"s "f !, Se eSnpldSed by You in
| repentance Tor crime ana in prcparslI ron
your defence i'll that Court whose Judgment i,
nnuI-whuSC sentence is fOr eternity.
The usual question ar to whether the pris
oner had anything 10 say why sentence ol
death should not Ice pronounced against him
was then asked, and the cOndemned in a
nervous, abrupt manner, stated that he did
not get a fair sight-that he had no opportII-
nifty To see his witnesses to remind them OF
facts to which they failed TO testify. He
said lie was III ,Juhnstown on the morning oi
January Goth, and at Portage the same day
that he took dinner there and that Wm.
Flynn and Squire McGough We're present
that he offered a one dollar bill in payment
: tor his meal, which flynn refused to take
Flynn was writing something i'll book and
asked what day of the month it was. Nc
/ Cough answered it was the 2Gth. | said
That is my birthday" L went up to MI
! McGough'S to see his farm, which L had u
notion to buy. l told him L did not have
enough money then, as l had deposited what
| had at i JUhnstOwn as bail for my appear
ance there to answer Il suit, / got MT. Me
then to the first of April If your Honor
thinks L am guilty, you are welcome To pass
sentence upon me.
THE SENTENCE.
And now, September the 4th, 1872. it is the