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

tlty OF the man who left the house of Nc
Fetrldge, IN Philadelphia, the same day with
Elizabeth Stevenson, or the man who was
in the cars when they stopped at Mineral
PolLt, or If you have a reasonable doubt
as 10 the body found being Elizabeth S.e-
Venson's, you would have a douot as to a
material fact in the Common ealth's chain
ct facts, and, giving to the prisoner the ben
eht OF that doubt, be should be acquitted.
The Commonwealth claim that from the
evidence as to the relations of the prisoner
with her whom they claim to he the de-
ceased, . motive for the killing has been
shown
1t is claimed that his spiritual adviser.
who had joined him in marriage to Bridget
Conner, had informed him, on discovering
his first marriage, Of its invalidity both by
the laws Of God and man, and had informed
HIM OF his duty-that he must separate from
Bridget Cnhnet-that the pris oner was
averse TO doing this--that to get rid of per-
forming his duty In relation to his first wife
he sought her death. The counsel for the
prisoner assert that, from all the evidence,
Moore believed his first wife to be dead
that she Was in fact dead--aand that, if this
were not true; there is no motive shown
which would prompt to the commission of
high crime. This is for you to determine
The counsel for the prisoner claim that
under any circumstances, from the evidence
IN this case, the prisoner can only be guilty
OF murder in the second degree. AS we
have said before, gentlemen, if you should
Ind the prisoner guilty of murder, you must
in your verdict ascertain the degree.
1t the prisoner, as ia claimed by the Com
mon1eslth, formed the purpose to kill this
woman either before he went to Philadel-
phIa or at an" time afterwards, before he
got off at Min Point, and in pursuance
of that purpose deeoyed her into the woods
and then killed her, that would show de-
lib Grafton and premeditatiou, and therefore
be murder of the first degree ; or if at any
time before he inflicted the fatal blow, or
tightened the cord around her neck, if only
minute before, he dehberated and formed
the purpose TO kill, it would be murder in
the 6rsI degree. If you should believe he
did not intend to kill her but only to beat
her, and death followed, and then to con-
ceal the death undertook to burn her body,
that would be murder in the second degree
or if you should have a reasonable doubt rs
to his intent to kill, the prisoner is entitled
to the benefit of the doubt, and the grade
of the crime would be re duced from murder
in the first degree to murder in the second
degree.
lin relation to the poitts upon which
the Court was asked to instruct the jury,
the propositions, &c. Judge Dean then con
cluded his charge as follows
And now, gentlemen, we have done our
duty; it is for you to perform yours. So
perform II that in after years you shall look
back upon the verdict rendered by you In
this case as the expression of an honest, con-
| sciantious belief. Such a verdict will bring
to the mind repose any other only cons tant,
unavailing regret.
KoPELINs PROPOSITIONS.
The proportions of Mr. Kopslin were all
| affirmed. with the exception OF the last ore
| which his Honor said was q question for the
| jury TO determine.
This charge occupied one honr In the deli1
cry, and was listened to by the large audience
| present With the greatest attention. At4l5,
| the jury were taken to their room, and the
| Court proceeded 70 call the docket and traus,
act other business pertaining to the session.
| The prisoner was in the meantime remandsd
10 Jail.
| Precisely at o'clock, the shufling of feet
| in the corridor announced that the jury were
returning, and, film in, they took their seats
IN the box A number of persOus including q
dozen or more ladies'. remained in the Court
room during the absence OF the jury, and. al
| though the general imrressiCn appeared to be
| that the accused would be found guilty, yet
great anxiety was manifested to hear the vsr-
dict rendered and to observe how it would be
receiv ed by the accused. -
| The VerdIct---sGuIIty OF Murder In
| the First Degree !"
Ten minutes later, the prisoner was again
| brought into Court, and Clerk Med Dnzld inn
mediateiy called the roll of jurors and in the
usual form the question was asked Gentle
men Of the jury, in the issue Joined between
the Commonwealth and Michael Moore, the
prisoner at the bar, have you agreed upon your
verdict . The answer was in the affirmative,
and the Clerk then ask ed !: Gentlemen of the
jury. in the issue joined. ETC.. how do you
hnd Z The Unanimous response was 'GUIL-
TT OF MURDER IN THK FIRsr DS0REE - Let
the jury be polled," WAS the order Of the
Court and one by one the jurors stood up
and, IN reply to the question aaked repeated
the answer Let the verdict be recorded u
said his Honor : and the Clerk repeated the
formula" Gentlemen of the jury, heatken to
your verdict as the Court have recorded it: in
the issue Joined. ETC.. you saw you find the de
fsndant guhty in manner and form he stand.
Indicted. aud so you say all - Let the ptis
oner be renanded and the jury be dischars &c
are the final orders whereuPon, the prisoner:
counsel Immediately made a motion 10 arrest o
judgment and for a new trial. The rea.ou,
were Fl ed ts-dav (Thursday.)
During the time occupied in taking the YER
dict from the Jury. the prisoner kept his eysi
liked on the Clerk in constrained vacant
stare but beyond a constant nervous twitch
Ing under the lower eyeids he did not appear
to be much affected by the result. His coun-
sci stood on either side of him. but he did no,
lose that fixed stare until spoken to by one o
them, and then he mumbled only q few inco
herent words.
Thus was concluded the last act of tt . sad
drama, and the curtain will in all probability
fall when the unfortunate wretch who was
found guilty of q fearful crime shall have paid
the penalty upon the scsffold His trial was
an arduous one. and his counsel did all for him
that mortal men could do.
In reporting this case. we have condensed
the evidence as much possible, vet only
avoided unnecessary repetition and cumulative
testimony upon we'll established facts As q
faithful history of one of the most importan,
cases ever tried in this county. il is herewith
submitted to the readers of the FRkKMAx.
SENTENCE DEFERRED.
On Thursday afternoon the prisoner
through his counsel, Messrs. Kopelin auc
Linton, filed reasons in arrest of judgment
and for new trial. which will be argued
at next September term.