The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-12-17
THE B0GART H0MICl De,
CHARGE OF THE COURT.


structed you in the principles of law APP
| plicable to the case.
We have observed with great satisfaction
the close attention which you have given to
| the evidence aud the arguments o: counsel
We also commend the patience with which
you have submitted to the requirements of
the law in being, during the whole progress
| of the trial, isolated from the rest of the
public. While you no doubt rejoice that
the restraint is about to terminate, you can
not but feel more and more sensiby the
weight of responsibility resting upon you, as
the time for announcing your conclusion,
the result of the trial, approaches.
The magnitude of the offence with which
the prisoner at the bar is charged, demands
a full conscientious and careful considera-
tion of the law, at the hands of the court,
and an impartial, unbiased and scrutinzing
examination of the facts by the jury. The
court is responsible for the law, but to you is
con6ded the high. trust of solving the questions
of fact. In the discharge of the duty, in
volving issues of life or death, prison or
liberty to the defendant the magnitude of
the charge should have no other influence
upon yolr minds than to make you cautious,
deliberate and just in weighing the evidence,
and clear and satisfied in the judgment you
form upon it. You will constantly also
bear in mind your duty to society, and will
not fail to remember the justice aud the
impartial consideration which both the COM
monwealth aud the prisoner have a right to
expect at your hands
The majesty of the law which protects and
defends the sanctity of human life, must be
maintained, regardless of consequences The
balance must be held with a firm and
steady hand, while the mind intent only on
truth and justice, should be alike obliyious
to sympathy and to vengeance.
The law gives to the accused the presump-
ton of innocence. Evidence to convict
must overcome this presumption and ex
clude every reasonable doubt of guilt
Looking at all the facts, the jury will deter
mine whether an offense has been committed
by the accused, and if so Of what nature and
grade.
This indictment charges the prisoner with
the murder of William A. Kline on the 7th
day of September last. Under this ndict-
ment it is competent for the jury to find a
verdict of guilty of murder in the first de-
| gree-of murder in the second degree or of
| voluntary mansaughter.
| 1t is not denied that the prisoner at the
time stated inflicted wound upon the per-
son of the deceased. But you will take moth
ing for granted, but will require that every
essential fact be established by evidence that
satisfies the reason and convinces the judg-
| ment.
The case supposed by the Commonwealth
| and claimed to be supported by the testi-
| mony of witnesses is, that IN the early part of
| the morning of September 9TH, the deceased
was upon the porch of his house, some fifty
feet from the store of the prisoner, the pris-
oner applied to him opprobous epahets,
hailing him across the street-that the de-
raoaaH ith n in h;S hand in hprrioI
and excited manner, crossed the street and
went upon the porch Of the store of the
prisoner-that as he went upon the porch,
the prisoner went into the store and shut
the door-that deceased called to HIM to
come out and they would settle the matter
that deceased turned to leave-that the door |
was then opened by the prisoner who at the
same time made some remark = calling him |
thief, and that as the deceased at that mo-
ment turned his head in the direction of the |
store door, the prisoner stabbed him with a
pitch fork over the left eye-hreaking |
through the Orbital bone, or part of the sku |
below or about the arch over the left eye
that the instrument penetrated both the out |
er and inner tables of the skull and into the |
brain, causing him to fall, producing imme- !
diate Inconsistencies during the time he |
lived and his death on the 18th day after
wards
Wbetber tb;s 10 n oorroot oono,r0;on r,,r,
tho facts ostahiisbaa hv tho tast;n,nn,, ~
iurv will determine '"'
shall not renaot tho ev;donoa unor t,,a
subject of the encounter in detail Tie conn.
sel Hnon both sides have called vonr attsn.
tion 10 the testimony of peter Kline Tohn
Rlack Isaac A Rlact Wilton Ret, ew;s
Hildebrand, and Susan Kline, all of whom |
swear 10 seeing the whole or part of the |
transaction,
~. A.
81 " H. .nI Pa.s y; .ne Pl,snDner i" Is Gonlehe-
.S;a, ou ,n"s VIC I' u ie'oi ~. nl'he ID
Ion.IaulG'eu , oy tne laI' as now alegeu 10
oo proSeu, thas ne coalu noI nave seen the
.S ii'.l 'he ",huo" Wheie ne was az
no ~ .'ns, anu 'na1 Ia. us 'es''n'oty here varies
TO., sn"c on tne ned,inS ,a VI .ne iiapeas
iii, ibipIhs, TO- ~ 20 so .nas NC ooI,e no. pos-
aioy nave seen tIe 'Fahsaclioh, MS 'es'iiho-
~. nos Ieil"ole' nu' oe'o,e coh,ng 70
;aea . . sne jury siou'd oe wen SAT
,;,.,a, ."c .nc .niNnii py VIC o'nel
w. "i.Iesoo' 49, ..y piovo ma. nc Souiu
'i'S na,e seen VIVA. NC mas sworn nc o,u see.
s,uenoo Vi wnae q "l:hess mas before
sa,u vi s.oih 70 may pe gwen lor the Pur-
Poeo WI 'n!Peaonhs Tue mnhess-anu u
appear ina. witness mas gwen OUT OF court
a aversion oi natle5s essenlia'iy dinoteht rom
|
anu MS testimony snouiu oe scrutihized with
great care ana II disoeiieVed' or considered
unreliable, reJecleq But such evidence OF
statements are only receivable 70 impeach
the testimony OF the witness, NOT as proof OF
t9e M iaets as stated OUT OF Court II Lewis
hlideoraha maze tne statement 10 Mr.. hu-
Tan as testified by me latter, but denied by
the iormeF TINS would 60 to the credit OF Mr..
nlideorand, oat would not 10 evidence OF
the facts as stated TO Mr.. Futan' lf wit
nesses , swear on diiierent occasions ntyaFH
different to material points their testimony
should be considered unreliable. II mIsta, ,
kenfy II should be examined with care, all /
tue circumstances being considered
IL the jury are satisfied that the prisoner
inhicted the blow upon the deceased causing
the wound as alleged by the Commonwealth
ana testited by the witnesses, the first
inquiry IL whether that blow and wound