The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-05-18


consideration, and proceed to dispose of
them in what we deem to be their ap.
proprate order.
The fitch, relates to the jurisdiction
of the Court over the offence alleged to
have been committed by Patrick Hes.
ter. He was charged in the indictment
as principal offender, and the evidence
was that he was an accessory before the
fact. The murder in question was
committed in Columbia county, in pur-
suance of conspiracy at Ashland, in
Schuylkill county, where, according to
the te. timony, this defendant advised,
counseled and abetted the commission
of the crime.
1t was testified that in pursuance of
the conspiracy Hester accompanied the
perpetrators of the deed on their way to
meet their victim, and at a point on the
road where he left them, gave to one of
the party his own pistol to be usei upon
the occasion, ''as suren instrument Of
death.
By the map in evidence it would ap-
pear'ta ,cording to the evidence Of the
accomplice Kelly that this was within
the county o. Columbia. But as this
was not specially brought to the notice
o. he jury, aud was not important un-
der the view which the Court took Of
the law, We du not base our conclusions
upon it rs All established fact Ia the
cause.
Tho indictment waa framed according
to the provisions Of tho 7lst section of
the Criminal Code Of 30.h March, 1860,
hy which it is declared, that sit shall be
sufficient in every indictment for mur-
der u charge that the defendant did
feloniously, wilfully and OF malice afore-
thought, Kill and murder the deceast d."
Section "A Of the sane act provides,
that. "if any person shall become an
accessory before the fact to any felony,
such person may be indicted,
tried, convicted and punished in all re
spects as if he were a principal felon."
This statute is transcript OF that Of II
and IL Victoria, Chap. 40 Sec. /, and
was intended to remedy the inconven.
ience of the common law and the prac.
tica under the statute Of Edward q,
Chap. "a, Sec. 4, reported by the Judges
to be in force in this State. Binn.
800, Roberts Digest, 400.
IAN accessory before the fact" says
Mr.. Archbold, "msy be punishable pre-
cisely as the principal felon. He may
be charged in the indictment with baV.
ing committed the offence as principal
in the first degree; or, he may be indict.
ed as accessory, as for o substantive
offence; or, with the principal, at the
option Of the prosecutor. The indict-
ment is of course in the same for N as
an ordinary indictment against the
principal who actually committed the
felony" l Archb. Pl. 78.
The Commissioners to revise the
Criminal Code in this State say: 1.-THE
new principle of Section (44) is that
which abolishes in felonies the technical
distinction now existing between acces-
sories before the fact and principal
offenders. 1t was always the law in
regard to misdemeanors, that there are
no accessories all being regarded as
principals.
One who procures misdemeanor to
be committed is guilty in the county
where it is committed by his procuree,
although his advice or procurement was
elsewhere. Comth. vs.. Gillespie 7 s. &
II. 469.
The statute has established as u rule
of evidence, that an indictment charg-
ing the commission Of felony, is sup.
ported by proof that the accused was
accessory thereto before the fact, and
therefore principal at the fact. This
is but an application of the maxim,
"what man does by another he does
himself, to the commission of felonies
by advice or command. The principle
thus adopted is as sound in morals and
in law as in the ordinary transactions
of life. We hold that under the statute
this Court had full jurisdiction in the
case.
The seventh reason alleges that Dan
iel Kelly, admitted by the Court to
testify, was an incompetent witness and
tnst his testimony should have been
rejected. He had been convicted Of a
crime in Schuylkill county in 1874, the
sentence for which had not expired
when he was pardoned by the Governor,
reciting as the fact, all that is required
by Section 8, Article ~ Of the Consti-
tuition, TO authorize him to grant par
don. II was not competent for the de.
PENDANTS to attack the validity Of the
pardon by parol or other evidence of
what occurred before the Board OF Par
dons tending to contradict the recitals
of the Governor. The validity of a
pardon cannot be questioned in this
collateral manner, nor at all, except at
the instance Of the proper officer of the
Commonwealth. Comth. vs.. Hollowel
8 Wright 2l9.
The conviction OF burglary in 1863
under which Kelly remained in prison
until discharged, before the expiration
OF his sentence by reason Of credit fol
good behavior under the Act OF 1861
did not render him incompetent. In
spection of the record shows that tn,
trial, conviction and sentence i'm tha,
case were in the Court of Quarter Ses
sions of Schuylkill county. If the tria
was in fact IN the Court of Oyer ant
Terminer, which under the statute ha
exclusive jurisdiction of the crime O
burglary, and the entry in the Quartz
Sessions was clerical mistake, II Nigh
have been corrected by the prope
Court; but as presented to US, it was III
, record of the Quarter Sessions. A
exemplihed copy was produced und,
the sea1 of the Quarter Sessions. "
y we're bound TO consider this record
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