The Morning herald., 1878-12-09
BY THE SKIN OF His TEETH.

AND PENNINGToN--A VERDICT OF MAN
| SLAUGHTER. -
Especial Correspondence of the HERALD.
New CASTLE, Dec. 7, 1878.
Court met at 915 o'clock to-day and th'
trial of Harley g. Brown, the train wrecke
was resumed.
The evidence having all been taker
yesterday, the case was ready for argu
ment, and A. P. Robinson opened for the
State. He took the ground that though
OF the defecne was, that the intent was no
proved, it was necessary for the prisoner tt
prove the absence of intent.
Mr.. Lore asked for information as to ths
position held by the State; whether i
claimed verdict in the first degree Of
were willing that the crime be graded,
Mr.. Robinson said that it was case fol
the jury to decide.
Attorney General Pennington said i
was case in which the jury could convic
in the first degree; or failing in that rem
der verdict in the second degree, or man
slaughter under the common law.
The Court, Chief Justice Comegys re-
marked that the Counts in the indictmen
were sufficient to warrant verdict in eithel
degree or Of manslaughter under the COM
mon law, if the proof in the case did mo-
Ijustify verdict in the first degree undel
statute. The Chief Justice promised te
express himself more clearly on this point
when he charged the jury. .a
Before commencing his argument Mr.
Lore in asking the Court to charge the
ljury, specified the following points:
First-That the intent being q material
averment and part of the indictment or Of
fence, must be proved by the State to the
lsatisfaction of the jury.
Second-That in acase where the eonfes'
sion of the prisoner is atrcduced in evi'
dence the whole of that confession must be
taken into consideration. ...
Third-Even if the minds of the jury
should halt or waver after hearing tht
whole testimony and weighing it care
| fnlly, yet if there be a reasonable doubt q
to the guilt Of the prisoner upon any on'
element of the crime or the whole crim'
| they are bound 10 give the benefit of tina
doubt to the prisoner.
/ Mr.. Lore then objected to the first, sec
Iond, third and fifth counts of the inaict
ment which mention the "force and velo'
city Of a certain locomotive engine" as on
of the causes Of the engineers death. HI
said that this was something with whicl
the prisoner had nothing to do and 70
which he was not accountable. He oh
jected to the fourth count because it speci
fed an unlawful action, and this differe,
from the other counts, all of which b
claimed to be defective. lie quote
numerous authorities to support his posi-.
. tiop.
II The defense followed in two hour
, speech, in which he made strong plea i
favor of the prisoner on the ground of hi
insanity, and claimed that he could not b
found guilty on the indictment becaus
I there was no malicious intention in oh
! structing the track.
Attorney General Pennington the
> closed for the State and took, as hi
main point, the ackno Wledged fact i
Courts of law that every man was locke
on to be sane until proved otherwise. II
reviewedthe testimony at some length, an
t said the act was too deliberate to sup
I port the supposition OF insanity and hi
denial on the night of the wreck prove
that he knew right from wrong. At tb
conclusion of theaddress the Court took
, recess at l.30.
ST AFTERNOON SESSION.
RI At 3 o'clock, when court re.assemblet
, the prisoner was again brought in an
. Chief Justice Comegys charged tn
ljury. We regret that lack ofspace, compel
us to condence the charge. He said:
| GENTLEMEN OF THE JURY;
i The prisoner at the bar stands indicte
of the crime of murder Of the first degree
and it devolves upon you to say by you
verdict, whether he is guilty or not guilty
y in the manner and form he stands indicted
) If you should determine that he is not 8
. guilty, you are to render verdict Of tn
. second degree and should you not beliey
:: from the evidence that he is guilty {
9 either degrees of murder, you are to ir
ouire whether the offence is that of mat
slaughter only. We feel warranted /
saying to you, from the undisputed prot
- made in this case, that the prisoner at th
bar is guilty of one or the other Of thos
a crimes unless he has shown by proof tha
Il at the time of the offence, he was not rel
n ponsible for his conduct.
fThe court then reviewed the cas-
b1iefy.)
"There is no question, "he went on,abo'
the collision, or the injury resulting, ne
that Harley G. Brown the prisoner at tt
l bar, caused death. Of what often ,e the
!, IN legal consideration, is he guilty for
there is no pretence that he had any rig
>, to place the obstruction on the track, nj
= that such obstruction was not the cause,
the disaster; we repeat that the prison
before you is unquestionably guilty Of Oh
or the other Of the great crimes we ha'
mentioned, and Of which of them, it
g your provence to say as triers Of that que
j. ton, after we shall have given you the la0
l &c L@.,o yaSI