The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-12-10
COURT PROCEEDINGS.

uel Appleman, ~ B. Fowler and George Shoe.
maker were appointed tipstsves.
The Grand Jury being called and sworn
were charged by his Honor William Elwel at
length on the crimes of Homicide and Infanti-
eide, there being cases of that character to be
laid before them. The following is the sub
stance Of the charge:
At the present session of the Court, in aidi-
tion to the ordinary business, we are informed
by the District Attorney. that there will be laid
before you bills Of indictment charging homi-
eide against individuals therein named-charg.
ing the commission of the ofiense Of murder ;
that there will be two such cases, and in one
two counts, the first charging the crime of muir
der in the ordinary form of such indictment,
and the second charging the oflense of man
slaughter. The grand jury, upon the examna.
ton OF such case, may find true bill upon
one count and ignore the other. For example,
if they are not satisfied that the crime of muir
der has been committed but that the case is one
Of manslaughter, they may ignore the count for
murder and find the count for manslaughter a
true bill
There being two counts of this nature in the
indictment, it becomes necessary for the Court
to explain to the jurors the difference between
the otlense of murder and that of manslaughter
Murder is the killing of a reasonable crea-
ture and being, in the peace of the Common
wealth, with malice afor, thonght expressed or
implied. The essential ingredient in the crime
OF murder is the malice, and bv this term is not
merely meant spite and revenge but the malice
is implied wherever the act of one party TO.
wards another exhibits cruel disposition-a
heart regardless of its duty towards its felio
men,. ,.and bent ON mischief--any cruel and bar.
barous act by one person towards another which
uafn nNrp ntal, ,,,t Il IL
sidered to have originated in malice The diff
ference between the crimes of murder and man.
slaughter is this-that in the latter, malice does
not exist, is not TO be found Thus, if in quar-
rel, upon provocation, and in the heat of blood
while the passion is up, so that there is both
provocatlon and passion, and on the moment.
without deliberaton, one ,ays lhe other, the
crime may be reduced from murder to man
slaughter
The fact Of malice existing is often inferred
from the character Of the weapon used. If n
deadly weapon is used without provocation in
that case the crime is murder. The provocation
must be such as to show that the party has no
time for deliberation, has not dcliberated. Fur
thermore the wound must not bear too great
dlsproportion to the provoCation. If it toes,
the crime may be murder, as, it, for triffinr
otiense one man should shoot another down, al
though there might be some provocaton, it
would not be enough to reduce the oflen.e to
In this state, the crime of muir
der is divided into degrees-murder of the first
and murder of the second degree Murder of
the first degree is capital ofitnse and the only
one punishable with death in this State Muir.
Ter of the Second degree is where there is AN
absence Of specific intent to take life But the
grand jury have nothing whatever to do with
he question of degrees of murder
If the grand jury find the case to be an act
If killing with malice, and without such provo
'ation and passion as reduce il to manslaughter |
hen they find a true bill for murder, and the
raverse jury, under the direction of the Court. |
more fully given ascertains the degree, so that
leed not trouble the grand jury with any nice |
distinctions between murder in the first and in |
he second degree. Where there is charge of |
10Th murder and manslaughter, | deem it NV |
Iuty to explain to you the difference between |
he two, and that in order to reduce an unaw-
ul killing from murder to manslaughtcr, there
must be an absence Of maice-the killing must
iave been done with sufficient provocation,
when passion was cxCiiod and the killing was
II the heat of blood.
In another case which will come before YOU,
obtaining two counts, there is charge against
mother for killing her bastard chd-charging
he crime of murder. The same principles APP
ly in such case AS apply in every other case
{ felonious killing.
There is in that indictment also second
cunt, charging the concealment or endeavoring
D conceal the death Of child, which, if born
live, would be Il bastard, so that it could not
e known whether the child was born alive or
ot. The law does not make it penal ofiense
, conceal the birth. The Oiiense is the con-
ealing the deam of n child, which, if born
live, would be bastard and in order to find
nat TO be the case, the evidence must be such
) to satisfy the jury that the child was born
live-thai it was born into the world alive and
18th AN independent circulation from that of the
lOther.
1t is Of course one of those painful matters
'hich the Court and jury are sometimes obliged
} investigate, but We have to discharge our duty
ndcr the obligation Of the oath which we have
lken.
Take gentlemen, that oath which has been
administered to you as your guide and in its
prit, discharge the duties which the law re-
uires ut your hands,
Auditors report in the estate of ]. Kosten-
luder, decd, making distribution, confirmed
i. 81.
Commonwealth VS.. Calvin Kressler. Recog-
izance of defendant and Joseph MuSselman in
600 for appearance of defendant at next Court.
Sarah A. Petrikin VS.. The Town of Blooms
Irg. Rule to show cause why judgment should
ot be entered without costs. Rule discharged
Auditors report in the estate of c. b. BrosSt
ec'd :, confirmed nj. 81.
Lucinda Pursel vs. John Pursel. Petition in
vorce Subpoena awarded
Auditors report in the estate of John Yeager
ec'd., confirmed nj. 81.
Commonwealth VS.. Samuel Miller. Recogni-
ince of defendant and Miner Hill in 5000 for
ppearance o, defendant at next Court
Auditors report in the estate of Stephen Hill,
ec'd., confirmed nj. 81.
Auditors report making distribution in estate
Jacob Mannon, decd, confirmed nj. 81.
Auditors report in estate Of Sylvester Cleaver,
ec'd., confirmed nj. ST.
In the estate Of Elizabeth Rishel, decd. Pc
ton for partition, Partition awarded.
Report of viewers of road in Briarcreek
,wnship confirmed nj. ST.
Report of sale in the estate of B. i. Fowler,
ec'd., confirmed nj, 81,
Commonwealth VS.. John W. Ncyhard. No2e
'oseqoi allowed on payment of costs.
Report of viewers Of a road in Roaringcreek
,wnship, near Cherringtol's store, confirmed
/. 81.
D. A, Bcckley VS., w, II, Bradley, Amended
filed
Heirs of Jacob and Hannah Evans vs, W. J.
Jx. Order to pay money to Sarah Stadon.
In the matter of the estate of Philip Miller
ec'd. Auditors report confirmed nj 81.
Commonwealth VS.. Reuben Millard. Recog-
izance of defendant and Jacob Millard in 5000
all for appearance of defendant at next Court,
Commonwealth VS.. Jacob Garman. Not a
rue bill. Prosecutor, Henry Arnold to pay
)sts,
In the estate of Nathaniel OyerdorG decd.
ettion for sale. Sale ordered. Bond in $4,000.
t. e. Hughes and b. p, Fortner approved as