Daily Republican., 1878-12-09

beR-H0W the FflSOmGf RcceISes
the verdict-W hat the People
Think oi it-The Penalty for thu
Crime Of ManslauEhter
New CAsrLE, Dec. 7th, 1878.
The proceedings Of Court subse
qnsnt to those published in yesterday
issue are as follows;
Mr.. Pennington said, Harley Browr
wa, an old railroad man fully awar,
Of the natural consequence Of placing
such an obstruction upon a railroac
track 1t was accordingito his first state
ment, to intercept the accommodation
train--.he had made an application tc
Mr. Ilodgson for a situation, his appli
cation was pending--had the accommo'
daton train struck tha' obstruction
there might lave been vacancy
caused aud who so competent to I'LL
tha, vacancy as h. was, an old
employee Of that Railroad CON-
pany. Here you may find his real
motive, the workings of his mind when
he plotted the destruction of that ac-
|commodation train. Then take his
statement, 81 found the tie wedged in
there and | could not pull it out"
What caused him TO change this state
mrut The tact that it was not con.
s.trnt with the result the track was
not torn up. Had that track been torn
|up, that tie would have been wedged
there for all Harley Brown could ever
have said to the contrary. But his
reason told him that no one would bs-
Aeys such a statement, and he says to
|limself 81 must change my base, |
will admit that placed it there, and
|add that ! took it out again and
thought 1 threw it off the track, and
that bad no intention to wreck the
train" II he had not intended to
wreck that train could he not have
thrown that tie off the track aseasily as
|hs left it lying across the track. No;
|he intended TO throw the train of the
crack to wreck it; to destroy it. You
can only get at the inward workings Of
IA mans heart by what he does. Har-
ley Brown had some intention in his
mind. SupposSWou were to find an
obstruction on a railroad track which
I'VE are entirely competent to remove,
put we leave it there, and pass on; are
We guitless in the eye of the law.
before God3 How much more
10 would Harley &. Brown have been
bad he pla ed, as he said his tie on
that road, in dark secluded spot at
that hour Of the night and left it
there with the intent to warn the con
ductor of an approaching train that
Ehrre was such an obstruction in
fhe way! If his reason were
bS the defense would have you believe,
H. lsthroned that he was incapable of
distinguishing right from wrong, would
i nave entered into his mind to 90 back
PN warn an approaching traint would
BE- not rathar have stood in unreasoning
t.e, ploating over the wreck he had
PA"de.
not wicked man; could not have
this crime, because in Mr..
J D,gart's opinion, ''there is not bad
In" IA his features!n Is that to stand
'ip and stultily the tact that Is proven
Continuing he said I'VE do think in
Dur humble opinion a clearer case has
AN. been proven to our knowledge in
LDI Court of Justice. We think and
believe that We can do nothing less, in
lAe discharge Of our duty, than ask you
'or verdict OF guilty against this man
Is he stands indicted. We feel that we
fhould be derelict in the discharge
p She responsibilities imposed upon Ms
| We failed thus to ask you May not
bAy to you, gentlemen, that whilst it is
p your power to render Just such a
Z Frilct as seems to you proper under
|Ae evidence, we cannot see and do not |
ro how you can discharge your duty
F0I render any other verdict than that
guilty in manner and form as he
|i1n's indicted But if in your
? nus you come to the conclusion that
va will render verdict OF not guilty
salnst him, do not do | beg of you
D. tins hall of justice; better wait un-
Y some midnight hour by some lonely
'a'Iroad, whore train hurrying along
with its thousand passengers is hurled
ilo destruction; and there--if you can
amid the cries of those who are so
as to be therc-amidst the
obS and shrieks of those who are look
"E Tor ther pareu,s--with Satan look
"E on and saying, "here my agent
lbs placed an obstruction and has
'aihered into my fold those who are
0llimoned so hastily to their account,
'na here comes my jury sworn to dis
Narge their duty, here they come to
Ay yea" and "amen" to that. GEN
'4lnen leave this case in your hands,
court at 1872 took recess until 3
clock.
AFTERNOON SESSION.
Uourt reassembled at o'clock.
me Court charged the jury in the
''own case as follows:
GENTLEMEN OF THE jury: The pris
',rr at the bar stands indicted of the
'lhe of murder in the first degree; and
aevolves upon you to say, by your
'er,alct, whether he is guilty in manner
'nu u iorm as he stands indicted, if you
nali ia determine he is not guilty you
= ',e 'hen to consider whether he is guilty \
murder in the second degree. Should =,