The daily gazette., 1875-11-22
FIRST EDITION
||4lCEED|NGS or COURT,
L,cIusion Of the O'NeiII Trial.
L,,cr GILPIN'S CHARGE.
u DAYS PROCEEDINGS.


=, onened at 10 a. m, Judges
;a GGai'W Wooten and Houston on the
tcl, ., "a Daniel O'Neill. The major
sIa,e ae Of the morning was occupied
% w. Lore, summing up for the de.
h' allowed by Attorney General
ls' l;,rton for the State. AT 1902
Chief Justice Gilpin charged
Jury, 90 tbio. cose 90 ore of
,st | importance in more respects
'a' one NO., and is not the ordinary case
au nn,1pr. Vr 1t involves considerations
,inS do not usually enter into the
nv n.D If violence where death has
s"od ssrI Generally homicides are
aamsmitted asur by men of no official sta
olun n nnd most frequently by vagabonds
na "a Sesnerate idle loafers. This death
~ uouspd us at the hands of O'Neill, was
lavsed use BY an officer of justice, one of
~ % instruments used for the preserva-
~ inr 'O of public peace and the protection
v ~ nroperty 70 and persons. or all men
t.y are bound to be circumspect.-
pSrers G are presumed to understand
Ssir duties, and there is a responsible
n s rpstiuC on them and in the preform-
MO Of their duties in proper manner
SSv are under the protection of the
~ This is a reasonable principle,
IhorWise there would be no security
~ ulOperty and persons. But when
tNsv exceed their duties they are held
n ,triet account. Where a person
bsyiur suthority to arrest another
Ise, prOper means to execute his
utbOity and death results, to him it
III be murder by all who take part
the resistance. This applies to
ivl and criminal cases. The propo.
tion of this converse is true. The
aeer may repel force by force in the
roper discharge of his duties and is
rejected if death results. But an
acer must not come to extremities,
bless there be reasonable necessity.
II he should kill where there is no
distance it would be murder. Where
officer is in pursuit of a felon and
nnot overtake him, he is justi.
in killing him. Where a man is
rused of q misdemeanor, and an
cer is pursuing him under a war
BIT and cannot oyertake him, he is
justified in shooting him, and if he
Ks it will be murder.
The question for the jury is, whether
prisoner caused the death of Sarah
yle. In other words was he or not
agent of her death? If he was not
lge is an end to the case. If you
satisfied the prisoner fired the sho.
Iathe question of law arises, did he
-nit murder in the second degree 2
Mis a question of law for the
ut,
The Chief Justice then sumcd up
te facts concerning the warrant on
hiCh Wingate was arrested, and. in
ucted the jury that if they found
bat the prisoner deliberately shot at
Eingate and missed him and struck
arah Doyle, this is murder as much as
he had killed Ningate, and the
tsliCe is involved and incorporated in
be unlawful act. The act being un-
awtul and without justification, and
b utter disregard of the rights OF
tlers carries with it the implication
pi malice. 1t is implied from the un.
lawful or felonious attempt to COM
nit harm which unfortunately resultd
lathe death of some one else. Malice
followed the ball.
Where felon fees and cannot be
cNuaken, the officer is justified in
Killing him and this is tho rule that
applies 70 felony. But this rule
does not not apply to misdemean
ors Ihereis is no justification, and the
crime is murder. This is no law, there
! no no novelty in these principles
Il you are satisfied that the prisoner
sAot at Alfred Wingate and the bal
SlIuck and caused the death of Saral
DOyle, he is guilty of murder, ant
golr verdict should be one of guilty
buI II you are not SO satisfied, you
verolot should be one of acquittal
ne Chlet Justice then made a resum
y 'ae facts, and instructed the Jur,
Y give the prisoner the benefit of an,
reasonable doubt.
After an absence of a half an hour
.ae Jury returned with a verdict O
not guilty"
Inc case of George Wilson, charge
s.n an assault with intent to commi
ape upon Georgisna Justisen, i
Dlaaaywine Hundred, on Nov. /, wa
ell taken up. After the drawing {
Jury, Mr.. Pennington stated th
AUS The State would prove, and calle
Ieorglsna Justisen, who testified tht
NJ met the prisoner on the Philade
I Pike, when she was going t
.aS; he walked up to me and osait
go morning." he attempted t
ra'sa me. and / said, "There com,
y ulcle;" he then ran.
'Ourt adjourned until 3 p, NJ.
AFTERNOON SESSION.
al The re-assembling of Court at
LUCK Levi G. Bird opened on b,
VI the prisoner.
e,na me said that he could not imagine
Il 'Ise ~ more infamous and revolving
sS SSIhsr'cter h than that ofrape. 1t w
i6S i6s ~ an able English Judge tn
6ar5 ar cnarge OF rape was easily mad
M ~ " 70 70 prove, but harder to defen
ba matter ~, how innocent the man mig
NAV me wise law says that WON,
Tiib viz u under her oath, charged a par
eomae mn .ne crime, but when a won,
Oath tbs .oelore a Jury and makes tn
and II must be supported by fac