Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-11-17

!. That the twelfth and thirteenth
sections ofthe act of Congress of March
3, 1863, authorizing persons to be draft.
ed into the military services of the Uni.
ted States, which declare that persons
drafted who fail to report after being
notified as required by said net, shall
be regarded MS desertcrs, and the
twelfth section Of the act of Congress
of February "a, 1864, under which the
defendant stands indicted, are highly
penal and must be strictly construed.
2. That by the twelfth section of the
aforesaid act of March 8, 1853, those
who were drafted were legally en-.
titled to be notified thereof by pro-
per authority, within ten days after
they were drafted, by written or print
ed notice, to be served personally, or
by leaving copy thereof at his last
place of residence, requiring them to
appear at n designated rendezvous to
report for duty
3. That if the jury believe that Jo-
seph Lansberry, the defendant. was
not personally served with such writ.
ten or printed notice, or that no copy
OF such written or printed notice was
lett at his place of residence, he was
not n deserter or non-reporting draft
cd man within the meaning of said
act, and was not therefore liable to ar.
rest as such.
4. That on an Indictment for mur.
der under the twelfth section of the
aforesaid act of the oath of February.
1864, conversations OF the defendant
about arranging TO pay his commu.
'ation money or declarations that be
would neither 20 or pay" are not
sufficient evidence that he was served
with the notice required by the twelfth
section OF the aforesaid act of March 3,
1863.
Q. That If the jury should find tha;
the defendant was not served with the
notice prescribed by the twelfth sec.
tion of the act of March 3, 1863, but
should find that he believed, from 9th. !
or sources of information, that he was
drafted and did not report, he was not
liable to arrest as n descrter or non.rc. /
porting drafted man, under The pro.
visions of the aforesaid act.
g. That if the jury should find from |
The evidence that the defendant was
infted, and lawfully notified thereof
and failed TO report-that Butler and
Van Welt were special agents, lawful.
y authorized to effect his arrest-tbat
hey went upon his premises on the
sabbath, and without giving him no
ice of the object or purpose of their
presence, broke into the house. and
With loud oaths, uttered within the dc.
endants hearing, that they would
hoot him, and with loaded revolvers
n their hands, Immediately rushed up
tars, toward the room where he wns
rom which there were no means of
kit, but by the said stairway, and fired
'pon and wounded the defendant and
hat the defendant believed that his
iic was in imminent danger, or that
10 was about TO suffer great bodily
arm, and so believing, fired upon Bat
err which afterwards resulted in his
cath, then and in such case his Of.
ensc is cxcusablc homicide in self dc.
'nsc, or at most but manslaughter.
nd therefore not guilty of murder in
manner and form as ho stands indict.
d,
4 That If the jury believe that But.
'r aud Van Vleit, in attempting the
rrost of the defendant, did so in such ,
violent and threatening manner with ,
cadly weapons in their hunds. as TO
rcate the belief in tho mind of tho
eiendant that they were about to take 1
Is life, or inflict upon him great bodi. i,
harm, aud that he, so believing and |
save himself fired upon them, which ,
'terwards resulted in Buffers death.
ien, and in such case, defendant Is not :
uilty OF murder in manner and form I
he stands indicted, and tho verdict I
The jury should, therefore, bo that '
T not guilty. {
y. ihat the evidence of the defend
nts good character as a pcaccablo
'lzen Is legitimate element in his J.
,icnsc, and should be talson in con. !,
dcration by the jury in connection :.
lth all the other evidence in the case. !,
10. That If upon a careful consider.
ion OF all the evidence in the case,
'e jury should have reasonable {
'ubt as to the guilt of the defendant g
',clr vordici should DO that Of scquit. /
In regard to the necessity for notice +
ON the Government TO q drafted man 4
at he is deserter, Judge Mex ennan n
lied that an officer could not take a !,
an unless II could be shown that the n
an had knowledge that he was a dc, !