The New York herald., 1873-11-08
UNDERTOOK.
Judge Britter's Charge-The Case Given
TO the Jury.

Judge Brttter's Ch8rge-The Case Given
to the Jury.
WEST CHESTER, Pa, Nov. I, 1878.
The Court opened at haf-past two P. NJ and Mr..
Wanyer then proceeded TO review the testimony
OF samuel Rhodes and the letter written to him
by Udderzook. He claimed that they stood out
convincing and unassailed as powerful argument
of the prisoners guilt. Judge Britter then pro-
ceeded to charge the jury at a quarter past three
O'Clock. After stating what constituted murder
he stated that the case OF the Commonwealth rests
on what is known as circumstantial evidence, and
said this kind OF evidence is asceTtained by exper
to be little, ifany, less satisfactory than that
known as direct positive evidence. The first
question was, Were these the remains OF person
who died by violence? and next, Was the victim
Winfield 5. Goss9 Then came review OF the man.
ner In which Goss had had mis- life insured, and how
he is reported TO have lost is N the fire at Balt-
more and how the body was found in the ruins
Was this the body OF GossS The evidence OF MIS-.
Goss fell short OF identification. Revertng TO the
ring he thought 1t would be better to conclude that
Wilson had a ring similar in size and color ana
general appearance to that worn by Goss. IL was
a TACT OF considerable significance that according
to Engle's evidence Goss had been in the habit OF
addressing Udderz0ok doctor" in Baltimore
and that 1t was shown that he had addressed him
by the same title in New York. Regard
be attached to the fact that the witnesses were
not able TO point to the particular parts Of the
this man, who lived at Cooperstown, went to
Athensville and subsequently appeared in Newark,
Winfield y. Goss under an assumed name Even
II you determine that this is so you have made but
a step towards connecting him with the death in
Bears Woods. II was Tor the jury 70 determine
whether 1t has been sufficiently proved that wilson
was Goss, and II so did the prisoner Kill him Re-
ferring to the allegation that Udderzook had en-
tered into conspiracy TO defraud the insurance
companies, and that it became necessary TO put
Goss out oil the way TO insure the success OF the
plan, he said that II Goss was not Burt and
that Wilson was Goss under an assumed
name then we have connected the prisoner with
the crime. The testimony OF samuel Rhodes was
then reviewed and the jury told they were TO de-
termine what the interview with Rhodes and the
letter to him meant 1t Is shown that the prisoner
and the stranger were last seen going In the direc-
tion OF Bears Woods. We're the remains found in
Bears Woods those OF w. g. Goss 7 II they are,
did william f. Udderzook Kill himS II you find
him guilty you must find him guilty OF murder, and
you must then determine whether the murder is
OF the first second degree. II there Is reason
able doubt you must give him the benefit, but IL
on the contrary, you believe from the facts before
you that the prisoner committed the crime, you
must find him guilty.
The case was given to the Jury at forty-fve
minutes past i0ur O'Clock.
The Jury not having returned at half-past ten p.
NJ. the Court adjourned until tomorrow.