, 1873-02-01

tho rcsut Of blow Or other violence indicted upon
ths person Of Lo dcccnsed by person, tho
@ 9y s1s % X oss s4sa nc
question, theS ,9od % %s;,an! M so sfsndsn Iyen il
ss a. ' S
whothor there Is not from, Tho evidence, reasonable
ineronco that tho prisoner obtained tho rosacsslon Of
having canbcd Tho 1catl charged In tho Indictment;
and my question atiaing q TINT fact they should
tho othcr evidence In tho caao, whether eho Ind sun.
fet 9 % can Of sach proper
It Tho jury can, In any reasonable manner, account
for .o angage md actions Of tho aeoasa SO to 10
% snoh cor md asa9,'t ,g, hoE H.
with malice aforothoueht, either express or implied,
and to sustain IN indictment for murder It Is
been murdered is dead; md that thc death wnB ooca-
soned " soo unnatural or Violent means Of lnstra-
was occasouod BY cri1nnrl human ngonoy aud That,
unlsss % this fact hc nroysd & 60 &conesvcy as to Sx
Jury in rcferonco to It then person legally DO
convicted Of the murder Of tho deceased.
i ss s
h,imnn agcnoy-thnt ho wns Killed by criminal hunn
ngcn9y-must not bo consistent with h'th'a concuoon;
but also inconsistent with my other reasonable by
nothests; md II aMy rcasonabio doubt To wlethcr
the wss ,.!sored r ssains in tle iads of
9f tho evidence n tho case, tho jury should nd Tho
Is not ouossh % for tho pooplo to provo that tho
death Of Calvert Il. johnson cauued by external
yiolenco n order TO sasasn the Indictment It muat
ternal violoncc was the result Of human agency aud
that s,ch violence was directly anggcstea aidea, a.
| should Gud tho defendant not Q11Ilfy
wsn nn ns s@Srd @ TO 9q p
.crunHo tho eSicncs sloscy a se oylacncc
to warrant conviction, should 10 arong aud potent,
and dinnocence should 10 presumed until tho cazo il
Tho Jury nre Instructed that, although tcy 1n1y b.
lieyo from tho evidence that tho defendant at ior-
and 1nale her appearance 1t different saloons on liz
night Of the death of 4e said Calvert Il. johnson,
mndo staemcnts 10 tho ocora wlon sho was nrrcstcd
TINT they acted 40 If thoy werc looking for murdered
quilted Of tic crie Of arecny, to assist her in eotnR
nway - abe did not wish to DO tried for murder, and
M m e al ho I
nlony In tho case tho Jury reconcile these actions
dcnco IL o case With innoccncc then Il il their dniy
| to do go.
Tho Jury aro instructed that tley aro to decids this
Upon tho evidence and upon the law Of tho carc,
and not upon tho arguments of counsel on either sdo
| OF tho case.
| Dy THE COURT.
Tho Jury instructed by tho Court that, II they
find tho defendant guilty Of MURDER charged in to
they M Hen ,h ff verdict Of
that imprsonod Tho peaisntisSy for the TORN
eas - III e y fss asss III e as @
find tho prisoner guilty Of Involuntary nanaaughtcf,
ycars during which tho prisoner shall 10 confined In
tho Penent!arg which shall be for hor natural hfc or
for any npbo1 Of sease to bo Designated hy tho ver;
| simply say 30 by your verdict.
| RETIREMENT OF TIE JURY.
The jury was then handed oyor to tho tender
to oat or drink excepting water, and not to allow
them to speak to or communicate with any per-
son, ETC., and at 8 o'clock they retired. Tho
| prisoner was conducted back to her coll In the
ped over to Foloy'e for q bit Of fresh mir, and
Judge Booth announced that ho would bo in
Court. at o'clock to hear tho verdict. -Four
o'clock camo, and with it the Judge, but no vor-
logca by sonding out for pail Of water, and
gnvo notice that they woro nowhere near q ver-
dict yet. Theroupon tho Judge Axed o'clock
as the time Of his next visit to tho Court room.
room ca1no 4 request that ho would wait
| Eve or ton minutes, at tho expiration of which
time thoy could give anidea aa to tho probability
Of reaching an agroomont. Mesgra; Van Bqren
aon, for tho prosecution, blded their timo az
patiently as they might. After half an hour had
elapsed thoy wero encouraged by tho requisition
Of penby the foreman Of tho Jury, ,iulicatng that
which ia Mighter than tho sword WAS duly fur
niBhod, and another hnlf hour Of waiting passed
| on. Onco moro BailiH WIS sent to inquire, and
this time tho jury wanted "only ton minutes
more" At Is minutes past o'clock tho long
expected rap WAS heard on tho door Of tho jury
room, and an of1icor WAS OF once despatched
to tho jail below for tho prisoner, who
had been advised Of tho nearnoaB Of tho time
when her fato was to be aottlod, and had pre-
pared hor toilet go as to bo ready to moyc at q
moments warming. sho VAS brought into Court
weeping and agltated, showing. moro concern
than she had dono at any time during tho trial.
| THE VERDICT.
The Jury camo into court and took their seats,
and, after thoy had answered to their names,
tho verdict was handed to tho olcrk, who read
as follows:
ta1y manaiaughtor aud ns her term 81 imprisonment
at dve years III tho peniteuuary.
| ITS EFFECT upoN TIE PRISONER.
The prisoner gavo q violont start as tho word
"guilty" was pronounced but hoaved O sigh Of
relief "a sho heard involuntary granddaughter" "
aud " 1vo yeara." Thcn eho asked for cup OF
wator, but before it could bo roaohed to her she
had tainted. Efforts Wero made to restore her
to consciousness, but without SUCCEEDS, and her
tnanimato body was carried back to tho jail by
three Balina.
| MOTION FOR A NEW TRIAL.
| Mr. Van Buren,, counsel for tho prisoner en-
torcd motion for now trial, md tho timo for
hearing tho argument thereon was got for ono
weeG from to-day.
| HOW TIE JURY STOOD.
It was ascertninel that tho firEt ballot taken
in tho jury immediately upon retirement stood
0 for conviction and for ncquittal. Tho latter
stood firm for q long timo, but at last the ontire
twelve agreed upon tho verdict Of "inyoluntary
manalaughtor."
Jayne'B Expeotorant.
There Ii good authority for stating tha in this
try one adult out Of every sir dies Of consumption
indeed prevalent aud fata has this dtscaec become
that Is dreaded tho great ucourge of tho human
race. Yet in tho formative stages, all pulmonary CON-
plana may he readily controcdby resorting prompt
II ly to tho Expnctorant Of DR.. Jayne, which hootlca
and strengthens the bronchial tnbes allnyB tna1nmn-
ton and ccanues them aud the lungs Of oil impurities