The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-03-02
THE REA MURDER.
JUDGE ELwELL's CHARGE TO THE
JURY.

Gentlemen OF the Jury over two weeks
ago you were selected according to the solemn
forms of the law TO sit as the tribunal 10
pass upon the facts in this impoi tant case.
During the whole of this protracted investi-
CATION you have submitted with com menda-
Bile patience to the confinement incident TO
a trial of thls nature, and | have observed
that from the first opening oi the case to this
time you have given to it your individual
attention and nave listened to the evidence
and the argument Of counsel with evident
anxiety to ascertain the truth in regard TO
the homicid, charged against the prisoners
az the bar. such interest in the discharge
of duty deserves all praise, aud is especially
your due for he accomplishing manner in
which you baye borne the hardship of being
separated fra your families and from the
pursuit of yonr own private interests and
business.
You have been warned by counsel against
prejudice and prejudgment. Your answers
to inQussic- when called to those seats forbid
the idea thst any caution from the court is
necessary 1u that subject. / cannot bring
my mind TO fear that the verdict Of twelve
upright and Intelligent jurors, selected by
LOT from the mass of their fellow citizens,
will be founded upon anything besides the
law applicable TO the case ard tho tscts as
established by the evidence.
Something has been said in regard to pub
lie excitement IA having sn influence upon
trials OF this character. Trials for murder,
on account Of the momentous issue depend
ing, always excite the public mind aud call
together crowds of people. But we have NO
reason to believe that there is Oh this oc-
casion any othsr desire among the people
than 10 witness the proceedings, nor any
other wish than that justice be faithfully sd
miDistered according to law. Public opinion
is not formed under the sanction of an oath
nor upon sworn testimony. Its voice, what
ever it may be, is not heard in court OF
Justice where those who are charged with ad.
ministcrng the Law are bound by the high
est obligations which civil society eau i'm
pose upoa man, the court to expouDd the
law and the jury to render their verdict ac-
cording TO the law and the evidence.
The magnitude Of the charge, involving
as it does issue of life or death. prison or
liberty to the defendants, should have no
other influence upon your minds than to
make you cautious, deliberate and just in
weighing the evidence, and clear and satisf-
ed in the Judgment you form upon it. You
will constantly beai in mind your duty to
society, and will not fail to remember also
the Justice and impartial consideration which
the defendants have right. to expect at
your hands. The majesty of the law which
protects and defends the sauctity of human
life must be maintained regardless of eonse-
quences. The balance must be held with a
firm and steady hand, while the mind, in
tent only ON truth and justice, should be OBJ
livious alike to sympathy and vengeance.
This case has been prepared by the coun-
sci on both sides with great industry and
has been presented and argued with marked
ability aud learning. Where their labor
ends your task begins. The duty of the
court will end when we shall have instructed
you as to the law of the case, and rendered
to you such service as may be in our power
to place at your disposal, to assist you in the
responsibls office OF applying the law to the
facts. If we discharge these duties iu the
fear of God and according to the best of oul
Judgment and ability, neither the prisoner,
at the bar, nor the community in which w
live, will have just cause of complaint.
The prisoners, Patrick Hester, Peter Nc.
Hugh and Patrick Tully, are charged in
this indictment with the murder of Alexan
der w. Rea on the 18th day of October
1868. The indictment is in the form nov
authorized by the criminal code Of procedure
in this State. ynder that code the manner
of the death need no: be set forth in th,
indictment, nor is it necessary that it b,
stated whether the accused was principa
in the felony or an accessory after the fact.
Murder is where person of sound memo
ry and discretion unlawfully kills any rea
sonable creature in being and in the peac,
Of the commonwealth, with motive afore
thought, express or implied. Whenever
there is former design to take life, the mo
tive is express. 1t is implied from any crue
or barbarous act evincing heart regardless
of social duty and fatally bent on mischief
do not understand that there Is any ques
ton as to the grade Of the homicide in th
case, which requires that should trouble
you with definitions upon the subject. New
ertheless, as nothing should be taken 70
anted in a case of this magnitude, viii
read to you the statute upon this subject.
It is as follows: "All murder which shal
be perpetrated by means of poison or by ly
ing in wait, or by any other kind Of wilful
deliberate, or premeditated killing, or whicl
shall be committed in the perpetration o
attempt to perpetrate any anon, rape, rob
berry or burglary shall be deemed murder {
the first degree, and all other kinds Of mu'
der shall be deemed murder OF the secon
degree, and the jury before whom any pei
son indicted for murder shall be tried shsl
If they find such person guilty thereof, a
certain in their verdict whether it be murd,
o of the first or second degree" You will oil
n serve that this statute recognizes two d,
4 grees of murder. 1t declares all death
|. poison, or lying in wait, or in committir
e or attempting to commit any of the specif
crimes shall be deemed murder OF the FL
degree in all other cases, where there is a
- sent the specific intent TO take life, the mu
,r der is OF the second degree. Where Il
:, killing is by lying in wait, or in the act
:. robbiDg, or attempting to rob the decease
- - the law fixes the grade Of crime as murd
', in the FIRST degree, whether there was or W
" not specific intent on the part Of the pc
~ potrator TO take life. Robbery is the ielo
a'. m ious or iorcible taking from the person
- | annthar nnndl or pnnay IN anu ,,.l.,o ,