Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1874-01-16


age, and said TO be worth from so to $50, 900
The girl. lsadore Seal, whom the rape was said
to have been committed on, is nine years of age,
and a mute. They would not allow her to tes-
tlfy. The main witness for the Commonwealth
was her mother, and the principal idea of the
defence was to break down the character cf Mr..
and Mrs. Seal for truth and verncity.
The charge Of the Judge, synepsis of which
Iwill give you, will express the leading features
of the case and the law, better than can In my
own words.
9entlemen ofthe Jury The law Of the land
must be carried out under all circumstances and
In all cases. We have no right to convict this
man unless he Ia guilty on the other hand, If
lie is guilty neither his age nor his position IN
cety should save him from conviction.
The Penal Code of 1860, says ir any person
shall have unlawful carnal knowledge of wo-
man under the aye Of ten vcirs. with or without
her consent, such person shn he gnilty of fclo
nious rape. There is no evidence in this
ease to show unlawful carnal knowledge there
fore this part of the case cannot be sustained
When the child is under ten years of age, the
| law presumes that she is not capable of giving
her consent. In all cases of felony where the
evidence does not show that the offence was com
pleted. but shows that the defendant made an
attempt. tho jury may find him guilty OF that at
tempt. Tho mother of the girl in this case ties
tides that on the llth of last July, In the after
noon, she and her husband were working In
| potato patch. The little girl was with them
| Peipher came up white they we're, there, and
! little after sundown he aud the girl disappeared
In about quarter Of m hour, Mrs. Seal started
home. Wher she had gone about half a mile
she came to a low place in the fence fence
corner. There she saw the girl sitting on the
fence. Walked mp a few steps and saw the old
man near her, his hands mp in front of him.
From this evidence you to judge the
man. The defendant to this has put In plea of
no, guilty. If you have an honest doubt, not
one tina. is fanced To clear you of an unpleasant
verdict. but substantial one, IL must result in
an acquittal. Mr.. Seal said in his testimony
that he and Peipher talked the matter over the
next day. They went over to the place where
the deed was alleged to have been committed,
when Pepher said he never would be guilty of
the same offence again. Then it is shown that
MIR. Seal was afterwards willing to settle. If his
object in this case was merely to make money,
then the old man, if he did not commit the Of
fence, ought to be acquitted. A number of wit
nesses have been brought 20 show that Mr.. and
Mrs. Seal do not sustain good cha acter in the
community in which they live. On the other
hand number of citizens swear that they do.
Do You believe that the character of these peo-
pie Is not good, and does this evidence raise n
reasonable doubt in your minds as to the guilt of
the person If 30 yon must acquit. If you be-
lieye Mrs. Seal that the old man attempted
rape, then nc would be guilty. This is not
case in which the case controls the costs. Your
plain duty is to find whether this old man Is
guilty or innocent.
AT the end 81 this charge a constable was
sworn to take charge of the jury, and they went
ont.
Mr.. Hill then filed exceptions to the charge,
and the court soon after adjourned.
The jury came in Sunday morning with YER
diet of guilty of an attempt to commit rape.
Mr.. Hill offered John d Tiurer as ball In the
Dloner case, for the appearance Of Dhner on the
first of next term. The Court ordered MIR. Hell
Ter sworn as to his real estate, nd accepted him,
pntting the amount at 5000. The question ofa
n,w trial in this case will be argued at the argu-
men, court next Monday week.
The following licenses were granted yesterday
AMI to-day. although they have not yet all been
lifted.
Henry Huth, Milton, tavern license, new
sand.
Peter Writ, Lower Mahanoy, tavern license,
old stand.
Michael Rosenstclra, Riverside, tavern license,
new stand.
A. s. Gallagher. East Ward - ohamokiu, Ia
v"rn license, new st~"d'
job, Otuord, East Ward of shamokin, tavern
Incense, old stand.
Patrick Daily, East Ward of Shamokln. whole
sale liquor store, old stand.
George s. Burr, Northumberland, tavern H.
cense, old stand.
Chas. c. Jones, Northumberland, tavern H.
cense. old stand.
Christian Neh, sunbury, wholesale liquor
store, old stand.
II. E. Lutz & Bro, Milton, wholesale liquor
store, old stand.
MONDAY.
SENTENCE or OLp MAS PEIrHER.-The morn
ing hour of the court was occupied by few mo-
tions of minor Importance. the arguments of Mr.
Malick for new trial in the Peipher case, and
Messrs. Clement and Zeigler's argument against
1t. Mr. Hill closed in the afternoon in the afir-
native. His Honor oyerruled the motion, order
ed the prisoner brought into court, and sentenced
him to piy tine of one dollar. the costs of pro-
6 cution, which amount to over 81 900, and uu-
dergo Imprisonment ia the Eastern Penitentiary
for the space oftwo years and two months.
The defendants counsel are having record
made with view of getting a writ of error TO
| have review by the Supreme Court.
made mistake in my report of last week,
which wish to rectify. In the case of Com. Va.
J. NJ. Bartholomew, reported Mr.. Il. as defend
ant and prosecutor, with the sentence that he
should pay the costs, as he was prosecutor alone
and not defendant, and the case WAS felony,
the law does not permit the prosecutor to be SEN
! fenced to pay costs. ''PHI."
| j. j. AUTES, of the Watsontown Record, APP
pears undisposed to hide the imperfectious of the
Democratic officials. We presume John kno ss
whereof he speaks. In his last issue he pays his
respects to the present Register and Recorder,
as follows
Lem. Shipman says he purchased those
| b anks of Leisenring fai below cost. That Is he
took part In Jake's meanness because il was
cheap!