The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1878-03-22

the charge of the Court in the case of the
young man Lawrence Platt, who was tried
and found guilty of the crime of burglary
in the Cambria Quarter Sessions week before
last
JUDGE DEANS CHARGE.
Gentlemen of the Jura-The defendant. Law
renee Piatt, is indicted for burglary. II Is in
cumbent upon the eCoinmunweaithf first to prove
the corpus detictf-that n burglary WAS actually
committed. To this end Henry Mellon is cali
ed a witness, and he testifes that he deposit
ed money in two pocket books i'm a desk in his
house at Chest Springs. and that this money
was taken from that desk by some one between
the time he left home at noon the 3lst OF
July last and the following morning.
IL can scarcely be questioned, from Mr.. Mel
Ions testimony, that some one took from him
or robbed him of these two pocket books. The
pocket books were afterwards found, with
their contents missing. Was the aking n mere
larceny, or was IT a burglary?
Larceny is the felonious taking and carrying
away ot the personal goods OF another. Burg
larry is the forcible entry OF dwelling In the
night time, with intent to commit a felony
The forcible entry need not consist in breaking
open a door or window; it is sufficient il tthe
house being secured by the owner and the doors
closed the latch il raised or key turned and
an entry made wit intent to commit q larceny.
In this case, it is alleged by the Common
wealth that the house was closed about ten o.
clock at night. The doors were not ali locked
although il is alleged they were all closed, 1t
was rot necessary that they should be locked
as the inmates OF the house usually closed them
Ir tho doors were closed, and the latch was
raised from the outside and an entrance made
with intent commit felony. il was burglary
for that this was "A dwelling house and the
entry made in the night time is not questioned
Nor is it questioned that the intent was to com
init a felony; IL seems from the uncontradcted
evidence in the case that a felony was actuaIjy
committed-the pocket books were stolen.
The body of the onense. therefore, seems to
be made out 10y the Commonwealth. There
seems to have been u burglary committed by
You will then turn your attention. uen,,e
m en-. to the evidence from which the Common
wealth allege the guilt of the defendant is
QtI IN IN ed is he TlaC
monwealth say this defendant, Lawrence Piatt
The Commonwealth starts out by proving by
young man who, as watchman for Mr. Mel
Ion, was making his rounds that evening, that
he saw the defendant come out OF alley,
which was not the usual entrance to or mode
or exit from the house for strangers or those
who were not inmates, and cross the street
thus proving him in the vicinity of the house
at or about the time this orense was commit
ted. He saw him come out between the hours
Then Mary Magic testI1cs that she was do
nestle in the house OF Mr.. Mellon; that Mr..
Mellon, with his wife and others, left to visit
friend who lived sDme distance from the house,
that the defendant came TO the house that
beer purchased and brought to the house
aud drank there: afterwards they went out
un got more beer and came bRcE TO the house.
She further says that nc asked her whether
Sir. Mellon bnc money aud that she told him
desk in the house; that he told her he was 20
Ing TO take it; she demonstrated with him, bat
he said he would take it aud IL she told on hm
be would XII! her. She also tes.iiics to convcr-
saJions had with him afterward in which he ac-
knowie dyed the theft. she says that after ha
told her hs going to take it he lett the house
aud she retired. the money being in the mean
;ime taken. Some oEe entered tte house and
took IT,
Levi Nagle is then called and he states thst
before the 10Th OF AGgust-the burglary having
been committed on the DIST OF July-the de-
fendant acknowledged to him that he the
man who took the money ; that he had made
Nary Eagie tight with beer before he took il,
having Planned 10 accomplish the crime by this
means. He testifles also that whcn the defend
MT was about to be arrested he begged him
tNnglc) not to tell about it. saying hat he could
save him, and that ii W ould be worth ten dollars
to him II be would not appear against him, If
he would not tell.
Mary Hawks is called, and testllcs that Nagle
and Law Platt. the defendant, were n her
bar-roOm and got drink, and that she over
beard e portion OF this conversation between
Magic aud the defendant In which the defend
ant asked Magic not to tell on him.
These. with sure evidence thnt the defendant
had five dollar bill aud some smaller sums OF
money afterward, aud that he was not young
man who would likely have so much money OF
his own, ace the facts upon which the Common
wealth claim the guilt or the defendant is made
1st. The burglary.
2nd. The presence OF the defendant near
where it could be committed.
Sd: His deliberation and Intention to commit
the burglary, after finding out where the MON
ey was, and bis announcement OF this Intention
4th His confession afterwards to Levi Nasle,
aud his Efforts to induce Levi not TO inform
From, these, and other circumstances in tho
case which are fresh In your recollection. the
are irreconcable with any lother reasonable
theory than that OF bis guilt.
The defence is:
lst- That Mary Nagle Is not worthy Of belief.
II is alleged that she il a girl ho froiR. her own
story. Is not above reproacl as her ha bits show,
she having been willing 10 become intoxicated
or u drink intoYicatjuu Jiouor when Iert in a
respUrsibic situation. IN charge OF her employ
er house, aud that she then rOaIncd around
with this young man anG drank with him, thus
rendering herself unfit for the charge which
was cnntded To her by Mr.. Mellon ani it is a J.
legged further that sIlt. has told under oath two
he fTST hGf a ice
umt che knew nothing OF the burglary, and
afterwards told the story which she now mar
rates upon the witness stand; that this shows
she IL capable of swearing two different ways
apOutthc same transaction, The first story she
admits To be false. TIE second, the defendant
alleges, is false and the first trueS that the in
consistencios of her story render Der unworthy
End As to Levi Nagle it Is alleged that he also
is unworthy of belief. number of witnesses
are called to the stand to testify to his charac-
ter for truth and veracity, from whose testi-
mony {: is alleged his character for truth is not
good that Ire Is unworthy OF belief You will
remember what he testified to, aud what these
witnesses testify as to his character. NeRle
ant made at two different times TO bim. Tho
defendant urges that ia view of the testimony
statement, because he is not to be believed OR
oath, and il is alleged further that in addition
his story an inherent imprObaoiity-that IL is
not probable that The defendant, il he was ca
pabie OF pianning u burglary OF this kind, would
conhde his guilt To man who was known by
him 10 be cuIplOye of heilOn7s, and v Io
vttfu not HStiS keep his secret.
81. 1t is urgef Further that the defendant
has proved by Mrs, Cooper an dlhi-that Is that
he could not have been IT the place where the
burglary was committed at the tirue 1t
committed. Mrs. COuper.you will remember,
tcstiucs tnat when the alarm was given the de-
fcndnnt was in SVd. and that she had some dit
fcuity .in awakening him: that he did finally
wake up and stay there with her; that enc re-
mOustrated against his going over To the hOuse
where the alarm had been yiTcn ard leaving
her alont-ihus showing that instead OF neing
nj the house OF Mr.. Mellon when the t:torcy was
tuk,B he was in bed and had to De awakened
when the alarm given.
The Com mon W ealth replies
LIST. To what Is urgec against Mary Nagle.
That she bad some feeling or sympathy with
tho defendant, he having been Il companion OF
hers and she was aotuated Ivy these Feelings,
which ace common tn young women IN respect
to those who pay attentions to them, or who
bear sosre relation to them more than that OF
mere strangers: and, further, that his threats
mate her fearful OF injury at his hands II she
told the truth, he having threatened to Kill hef;
and tnat This xplauatioD OF her desire TO screen
him and her fears sufficiently account for the
inconsistent stories. Ii is ails ged further that
she is cOrrohOrated by his confession to Levi
Nugle. OF course the Confession TO Levi Nagic
dDes entirely corroborate her. Ii THE coDfcs-
sion to LSvi Maggie made. she would be
cDrrUbUrhtcd by the strongest possible cOfrnb-