The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1874-09-18


OF last week, we publish herewith the charge
OF his Honor Judge Dean in the case of the
commonwealth rersus Patrick A. Burns in
dicted for killing Manus Patton at Tunnel
Hill on the 18th day of june last
The Judge, after defining the crimes of
murder and manslaughter. and stating the
evidence necessaty to prove either, (Which
portion of the charge would be of no partic-
ular interest. to our readers proceeded to
instruct the Jury on the facts OF the case on
trial, as follows:
To be either murder manslaughter, the
commonwealth must prove killing by vio-
lence and an unlaw wfui killing but there still
renains killing. which though by violence is
neither murder nor mansiaughter, because it
lacks the element OF ti'ildtrfIl. This is justi-
Whore an officer attempts to arrest one
either convicted of or charged with q felony,
his escape kills him. ii is 1ustiiable homicide
in The officer. But, notice. it must be to pre-
taken without the killing, it is not Justifiable
on the par OF the officer, but is at least man
Slaughter.
From tho imperative necessity OF the
alone the low justifes the killing of ore charg
1t ia otherwise where the party killed is charged
only with a misdemcanor. In such case the Of
ficer dare not kill even to prevent an escape.
OF two evils the law seeks to choose the least
When it comes down to a question whether it
is better that one charged with a n1isdeueanor,
such as assault and battery fornication,
shall be killed or escape, the law says he shall
escape. But when it is question whether one
charged with felony-murder. attempt to
kill. rape. arson. or burglary shall be killed
or escape tho law says he shall be Killed. and
in preventing what would otherwise he an es
cape of the felon, the officer is Justified in kill
ING
You will now trirn your attention to the evil
dence adiuced on the one side the other in
this case- 1t appears that one Manus Patton,
young man not over twenty-five years of age.
a resident of Gallitzin, was charged on oath of
one Il. ID. l}urk. on the BIRD of October last,
with having, on the night OF the 21st of October,
made an assault upon him tHurlLl with intent
to kill. From the information il appears he
n
him. the ball entering the side of the door near
for Patton was issued to the constahle OF Oal-
III tzin, who returned the warrant mot found"
The Justice returned the proceedings into this
Court ut December Sessions following. and a
true bill was found against Patton by the
Grand Jury on End of December last. On this
finding two separaic writs for the arrest of
Patton were issued out of this Court ana placed
in the hands of the Sheriff, each of Shich was
returned mot found. On the 18th ofJune last
q third writ was issued for his arrest and pla ced
on the back deputed Patrick A.. .Bnrns consta-
BILE of GalitZin, this defendant, to execute it,
The writ was handed tn Burns about 5 o'clock
p. M: OF Sunday. the 18th. On the evening Of
the 18th. between and O'Clock, Burns, in
company with Michael Fitzharris. started from
Gallitzin towards what is called the Fair
House." n building about 600 yards from the
town, where they had REASON 20 believe they
ing hin. on apbroachlng the place they dis
covered Patton with some fifteen or twenty
companions. Patton was standing up at the
time, aud seems to have seen them as soon as
they sa " him. A compation of Patton, Joseph
y
coming, Manus" Burns was then approach
ing from an easteriy direction. Patton started
to aGg sareeS Ihen to- a to 10
cept him. and would have REACHED the lane
from somewhat different directions. Patton.
when he could not reach the lane, turned and
on it, when Btffns fired a shot. About this
time, or Immediately before, he had called to
he he rs .s he s@s
to fifteen yards from Patton Patton after the
shot. either jumped of the fence or fell of into
the field, and then jumped up and continued to
run across it. Burns climbed the fence and
pursued. One two state that they noticed
PATTI IN s speed Diminished after the shot, that
he seemed crippled others testify thar they
did not notice anything OF the kind. ~ ahont
twGsty-ffve yards from him, Btrns; while still
pursuing, fired the second shot Patton con-
i:nued on across the field. and was iE the act of
climbing the second fence when Burns fired
the third shot. Patton fell down just outside
of this fence and died IN few minutes. 1T is
not denied that he died from the wounds in
ficted by Burns. An examination of his body
by DR.. Devereaux showed two bullet wounds
low the shoulder blade, and passing upward
and inwards to the cavity OF the chest, the
death certain from il in a very few minutes.
The other ball entered the right leg FROM be-
hind, Immediately above the knee joint, and
lodged in the hone: It was not necessarily
fatal. though of itself would haze resulted
aIqy ,esmonv wn0I shows hat Patton purns
had warrant for his arrest. and doubtless lac
knew that he was apnroaching to arrest him.
Burns then was an officer. arr'i was there for
hepurpose OF performing lawful duty; INC
felony, and although nOt yet tried and found
guilty, be must be regarded by the officers con
ccrned in the proceedings preliminary to his
arrest and trial as Il felon. As has beer argued
by the Commonwealth, he must he presume
innocent until his guilt is proven but the
magistrate before whom the complaint was
made must assume for the time being that the
complaint was true, and the officer in egecut-
ing the warrant of arrest must assume that IL
was truly charged felony The nagistrat e
NOT NJ innocent
to issue the warrant, nor could the ccnStaoic SO
assume and neglect 10 execute u 80 Iar rs
cerned, Patton was felon, and at the time
Burns attempted to make the arrest he was an
! officer attempting TO perform a lawful duty.
Did he perform it IN lawful manner? Or
| your answer to this question depends the guilt
| then he committed justifiable homicide, and
| must be acquitted; n you answer no! then he
| Burns being IN offrcer with Warrant OF ar
rest for Patton. fclon, the officer had n right
! to shoot down tho felon to prevent his escape,
! his flight: This is the law. whi,e the life OF
the citizen il OF high value, there is one thing
that % is the SUPREMACY Of thc iaw itself. shall
/ felons-murderers. raNiShers. burglars escape
punishment with impunity? When fleet OF
| foot. shall they laugh at and treat with con-
| tempt the officers, the wrrs of the people, the
commonwealth No government, least OF al
| ours, which depends for its existence on the
obedience and respect of the citizen to and for
| the law which he himself has assisted in max
| eyaded. And the law says to the officer, il you
| caunot otherwise arrest the felon when he at
| teiHpts' to escape, you shall kill him.
Where however, q killing 10y violence on the
part of the officer is shown the burden OF proof
is officer to show that il was-tustitiablc.
| He (Burns) must show in this case TO your sat
| isfaction that he could not have prevented the
/ escape of Patton in any other way than by
/ firing his pistol.
! 1t isurSed on part Of the defence that the in
effectIal attempt on part of the constable 70
| arrest Patton on the first warrant issued by the
| Justice-the failure to take him on the two
| preyious writs issued ont of this Court-the
| absence of Patton for months from his resi-
/ deuce-his declaration to Patrick smith that
! he could on trun Burns. and didn I think Burns
would shootZand the fact that Patton was an
! athletic young man-alf show that Patton had
been evadng the officers and avoiding arrest
/ by successful fight, and that he intended to es-
| ca pe from this fourth writ in Burns. hands in
| the siu.e way-that he was entirely able to do
| as he threatened, outrun Burns.
1t is further urged, that ss soon as he saw
| Burns he ran in the direction OF the lane.
! Burns, haripg the shorter distance to run, was
| about to intercept him, when he turned and
was about TO jump the fence and thus place a