The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1880-09-01

+ ing on the nth ot june last ~ ten % clock N
the morning. She arose at au early hour
and after attending to the milking and the
getting of the breakfast departed at some
pretty early hour 10 visit a neighb9r. David
Cover. and she returned, az the evidence in
the case seems to show, about ten o'clock TO
her home At about this hour when Ca,ha-
rine Yoder and John Hoffman lcn the house
of the prisoner they left these two, the l,ris-
oncr and his wife, at The house. The wife
had just returned from David Covers ac-
cording to the evidence as We remember il,
1t i Tor Won to determine the facts in the
case-and was resting on the bed in the bed
room, and the husband, the prisoner. was
sitting in n rocking chair in the sitting-room
Immediately adjoining At or about the
time of the departure of Catharine Yoder
she saw him get up out of the chair and go
upstairs TO the second story above Athalf
past three o'clock, or thereabouts, this wo-
man was dead and according to the declar-
alton Of the defendant when lac first found
her. she was then stiff She lay on the floor
of the milk house or cellar on her face,
resting on her stomach, with a rope around
her neck, and with both sides of her head
Immediately behind her ears battered in so
that there was n crushing of the skull
breaking of it into fine pieces of bone; there
was considerable depression ike 4 cone
and great extravasation of blood upon the
brain and a large clot OF blood upon the
back of the head The theory of the Com
monwcalth is that this prisoner at the bar
murdered her. The theory of the defendant
Is that she either committed suicide first by
taking poison or, second, by butting her
head against the stones which were found on
either side or that tramps came along and
killed her. or that David Cover killed her
In support of the theory of suicide the de-
fendant alleges that her tongue was out +;
that there was a mark around her head such
as would be made by a rope on aperson who
had committed suicide by hanging; that her
fingers were rigid and bloody and thar the
rope was bloody The Commonwealth, as
YOU understand, is bound To make out her
case. The defendant is not bound % sug-
gest any theory as to how she was killed.
1t Is sufficient to acquit this defendant if the
evidence fails to satisfy your minds beyond
a reasonable doubt that he killed her. Every
necessary link in the Commonwealth the
ory of the killing must be made out beyond
a reasonable doubt Now, if You determine
that this woman was in full life and being
at ten O'Clock in the morning Of the 18th
dav Of June and at three o'clock on the same
day she was found there with her skull
crushed in on both sides and rope around
her neck-and there Is apparently no reason
why YOU should disbelieye this-thcn the
next inquiry i, did she commit suicide, did
She kill herself? The Commonwealth say
that she did not. and they rely on the evil
denoe of three surgeons. Drs. Brubaker, Gary
and Krissinger, who have testified in your
presence that her skull was crushed in, that
there was this clot Of blood behind, that any
one Of these blows were sufficient TO render
her unconscious ard unable 70 have inficJ-
ell the other blows, and that any one Of these
blows was sufficient TO cause death. You
have heard the other witnesses in the case
who testified to her appearance when she
was found The physicians testify that the
blows were from behind and above that i'll
dependent Of the insensibiiity and uncon-
sciousness which must have resulted from
the infIiction of either Of these blows and
thus have incapacitated her from inficJine
other blows. the blows were from behind
and above They further testify 20 YOU that
the blows were inflicted by some weapon
this hammer or some similar one or wea
pom like this hammer. Defendant counse
have argued with great deal OF skill ano
eloquence that the woman may haye poison
cd herself \ box Of arsenic was found upon
her person, wrapped up in 4 little cloth and
concealed in an under garment; 10 this tht
Commonwealth replies, why should she pa
the poison back thus wrapped up, or why
conceal il; why take poison and then intiic
these wounds upon herself, if indeed they
were self inflicted This Is for you To deter
mine You will determine in the first III
nce.whethcr the defendants theory that
this was . suicide Is tenable theory, wheth
er it l. . reasonable theory, and whether i
casts 4 reasonable doub; upon this case
You Will determine whether somebody kill
cd her or whether she killed herself IfyoJ
are satisfied she killed herself, either by in
iiicting these wounds upon her head or b.
poisoo. you should Of course acquit the de
fend2nt If You c0me 10 the conclusion
from the evidence, beyond reasonable
douis beyond a doubt with reason for IT
that her death was not suicidal but that !
was inflicted by somebody else, then tn
next inquiry j.. who inflicted this deatl
upon her And the important inquiry q
this ease j., didthe defendant doit2 II twoul,
be impossible without delaying this cas
much too long 10 read over 10 you all thi
evidence. When you 20 70 your jury room
whilst you have no right u take the evi
dence out with you, if You have any desir
TO be informed by the Court with regard Z
the evidence Of any particular witness tina
you don't recouect o- THAI YOU differ about
You can come IL and we VIII take pleasur
/ in reading the notes over 10 you
The Commonwealth urge upon you tina
/ you ought 10 DE satisfied beyond a reasona
ble doubt that this defendant commitre,
/. this murder because in the fist place the.
! have shown 10 You that he had motive
and they allege that there Is no motiv
shown by the defendant on the par1 Of any
body else: and that the motive Of the hu,
hand to commit the crime upon the VII
was chronic anger and hatred and i'll feelin
engendered by inhariuonious matrimonia
relations, leading 70 quarreling and an un
pleasant life They suggest as further mo
tive that by tn laws Of this Commonwealth
, his wife dying without children. he woul'
. be the heir Of his wife's estate, and that sh
had some sn al estate said % be from 81
hundred TO "a thousand dollars
They mex urge upon you that he mad
threatS, an they refer II the te>timon
Of Mr.. File kinger. Tha; testimony 1 VII
read, a it il important that il may be I'm
pressed up On your minds; * 10 the resti
mony that they quarreled, the mass Of h
evidence : Gems to establish that the relation
between his husband and wife were inhai
monious that it was 3 jarrng natrimonia
eonnectie n that had resulted in frequen
quarerls the extent o; words and oeca
sions wh. N they would not SPEAK 70 eaci
other for weeks. and that On one occasion
went to he extent ~ hi> pitching fork a
her. OF t Jwanls her-you have heard com