The daily gazette., 1878-07-02
JULY -. 1875 ~.

A MURDERER-The Statutes so Denomi-
nate his Crime.-The confession OF
Harley G. Brown, yesterday afternoon,
before the Coroner's jury, the announce
ment of which appeared in our latest edi-
tion, and which will be found fully re-
ported in the GAZETTE to-day, is conclu-
sive evidence, whether he signs il or not,
that he is guilty of ''murder in the first
degree as determined by the statute, on
page 775 of the Revised Code, which
reads as follows:
''If any person shall wilfully and ma
hciously place any log, stone, bar or
obstruction on the road-bed or track of
any railroad within this State, or shall
willfully and maliciously break up or dis
place, injure or destroy such bed or
track, or shall willfully and maliciously
change or remove any switch-bar, switch
sideling, signal or guard of, or on such
railroad, or any bridge, culvert or APP
pendage thereof, with intent to displace,
or throw Off injure or destroy any en-
glne, tender, train or car running or
being thereon, the person so offending
shall be deemed guilty of amiSdemeanor,
and upon conviction thereof shall be
fined five hundred dollars, and imprison-
ed not exceeding one wear; and if any
engine, tender, train or car shall be
thrown from the track, by reason of such
obstruction, injury or act, the person so
offending shall stand in the pillory one
hour in addition to tire above penalty I;
and if any person shall be killed by rea-
son of such obstruction, injury or act,
the person so offending shall be deemed
guilty of murder of the first degree and
of felony, and shall suffer death"
This law was passed in 1857. The
draft of it was made by the late Chancel-
lor Harrington, and handed to the present
States Attorney General, who was then
in the Legislature. 1t meets the case en-
tirely. Chancellor Harrington had been,
or was at the time, we think, President
Of the Delaware railroad.
Mr.. Brown is from Maine, and only re-
Gently came to this State, where he had
previously been employed on the p. W.
x b. railroad. Why he should have com
mitted an act of so horrible and atrocious
character, and which might have proved
tentold more awful and terrible in its re-
suits, is mystery which none can deter.
mine. Had lie been low, ignorant anG
bad fellow, common tramp, or a mar
without experience in railroading, wht
might have been without knowledge o
the probable consequences of his actor
in placing the cross-tie on the track, til,
horrible deed would not have so mucl
astounded the people. 1t is true that tin
man to our people, is comparativ,
stranger. He may have been and perhap
is very bad man. But it does not seen
to be the opinion of those who are ac
quainted with him here that he was {
man Of bad character. His act, however
in view Of the fact that the lives Of man,
innocent persons Were put at risk, is one
that none but tiend might be guilty of
is consequences are as startling as tha. 0
the midnight assassin, and is even NOR,
alarming to those who are compelled I,
take frequent rides on the railroad. I,
the home of the family of the enginee
and fireman, the sudden entrance of th
dead bodies of the father and son, mus
have been quite as appalling as thoueI
the act had been that Of the detestabl
and abhored secret assassin. The tw
poor strangers whose lives were sacrifice,
made up the number Of the massacre.-
But it was no fault OF Brown that fft,
lives were not lost, by the fell deed O
which lac contesses himself guilty. |
Will not avail one particle to say he wa
ignorant of the statute he offended again.
OF that he did not know the consequence
to himself. Had he thrown himself unde
the wheels of the locomotive he mial
have been charged with an insane ac
and it might have proved equally disa.
trous. But his action only rlsked til
lives of others and it only partakes Of til
character of insanity in imagination b,