Morning journal and courier., 1880-03-16
Waiting for the Verdict.

Chief Justfce-The' Case Given to the
 Jury About One O'Clock P. M.-LOcked
 mp for the Night
 The jury in the Buchholz case were charg- ed by Chief Justice Park yesterday morning. Judges Park and Loomis entered, the jury filed in, the clerk called the roll and the chief justice rose. The court room was packed. Intense interest was evinced.
 Judge Park promising spoke of the case, 1 it's character and importance. The truth had ] been carefully sought. This was no place for vengeance nor for passion, neither for weak ness or mistaken tenderness The jury were ap- pealed to to remember that duty was to gov- | ern. The chief justice then defined the diff | ferent degrees of murder. This, he said, sp- peared to be case of willful and premedita- ted murder, committed for the sake of rob bery, and if that is so, it is a case of murder | in the first degree. Who did the deed? No | one saw the transaction. Circumstantial ev- idence comes into play. Judge Park read from printed slips ample explanations of the | difference between circumstantial and direct | evidence, following them up with the reading | of authorities.
 He said that in the law 1t made no difference | alone in the commission of the deed or had a | confederate. case of circumstantial evil dence tried in New Haven county was alluded to. Here the main evidence WAS piece of | steel that was found in the murdered mans skull and which fitted nick in the knife of ! the accused. An extract from Wharton on criminal law was read to the jury to show that cases of conviction of innocent men, ! which may be read to the juries, should not
 friehten them from rendering a verdict of guilty.
 At the request of the defensea number of
 charges were made: That juries were the judges of the law and fact. It is the province
 of the court to state it's opinion on points of
 law and then submit both to the jury without
 any direction as to how the verdict shall be
 formed Every man is presumed to be inno-
 cent until proven guilty. The burden of
 the State to make out 8 case of prob
 able guilt and then call upon the prisoner ! to disprove it. In every case @ good and
 sufficient indictment setting forth with
 certainty what it is proposed to prove is re- ! quired. The name of the deceased is ma I terial point. A mistake in the spelling is not ! material provided the sound of the name as \ given in the indictment is not different from ! that under which the deceased was known
 during his life. The deceased must be so de-
 scribed that there will be no possibility of l mistaking him for any one else. The state \ claims that Johan in German is the same as \ John in English. If you find that the name I in the indictment is the English of the name \ of the deceased, and that it was impossible tc I mistake him for any one else, there is no va ! riance between the proof and the indictment ! The facts used in an endeavor to show the in
 nocence of the accused need not be as con- I elusive as those used in showing his guilt ! By reasonable or rational doubt is meant
 when there is something that prevents ar ! abiding conviction. It does not mean abso l lute certainty, nor an imaginary doubt. Il
 means doubt that the party entertaining i
 can give.
 It is claimed that Buchholz was among those who knew that Schulte carried large , amounts of money in his possession. He
 knew that he went to New York, and wha , train he was coming back upon. Itis claimed l ! that he was seldom out after dark, and tha ! he was seldom away from home. He hal , | about $7O, 900 upon his person the day of tn,
 murder. More than $5O, ,O00 of it was subse ! quently found to have been in the possession 3 of the accused immediately after the murder
 Some $2O,O 900 was found upon the ground @ l near the body. It is evident that the motiv g in the case was not malice, it was gain, ant s ! we should naturally expect that whoever di 8 the horrible deed at all events got what h d did the deed for. And who had the treasur y | afterward?
 
 70 Schulte's mark upon them were traced to tn Q accused. It is claimed by the defense tha 9 the money was given to him by Schulte ol 0 the night of the murder. That the prisone Q had given him the money to keep when h o first entered his employ. The State claims 70 was absurd that the deceased should hay Q given the accused the money while on tn ,0 way home in dark night when he had onl 10 to wait few minutes and both would hay 70 been home.
 Q Judge Park then advanced the claim of tn n defense as to how Buchholz came into posses d sion of the money when carrying the bod a from the woods, and said that the State claim dd this to have been impossible The publi
 prosecutor claims that it is improbable tha )0 ! the accused went away after the murder ;00 leaving that large sum of money, which coul 90 have been found in moment and then re Q turn. "Go away" repeated the judge, 'leay ;00 s0 ing that large sum of money-ssventy thou % sand dollars-and then return," said Judg 70 Park, slowly.
 lO The prisoner has confessed to taking tn I0 money to Stark, but did not tell the detectiv 70 his best friend as he considered him-hoN 'O he got it. But would he, knowing that b ,,9 was suspected of murder, have told how b 35 got it, if he was guilty of the murder. Tn 10 defense claim that he did not act like 30 murderer. When he was going to the depc ,O he wanted Mrs. Waripg to go, an 70 did not have murder in his heal
 then, think the defense. The Stat
 think that if MT. Schulte had come up fror l. New York on that day he would not have bee
 murdered. The judge referred to many othe
 points in the testimony, in most cases givin 6 the strong points of the State. Itwas thouet d to be nothing against Abel that he stopped A hotel few days.
 # Chief Justice Park talked about two hour s and 8 quarter. He concluded at one ocloc ], and a recess was taken for dinner until I i m. The jury then retired and ate dinner < l Ehe court room
 Thc Jury still Out.
 The jury are reported to have asked for 1T
 structions at o'clock. Later in the evenin
 having given no further sign they were locke up for the night. Much interest prevailed i Bridgeport last evening over the case. ,, AImshOuse Improvements. A When the new almshouse building wa l. erected large cesspool was dug to take tn , waste water and slops from the structure
 The Board of Health protested against thi ! at the time, on the ground that it would b
 detrimental to the health of the inmates. Re
 gently the Selectmen have ordered twelve inch sewer built, which will be about min hundred feet in length and will empty int,
 West river. This sewer is now being laid z and, as it proves, none too soon. The larg 7 cesspool has recently filled up so that it SC 1 back into the building, and it was found neces , sary to dig another large hole to drain and re
 lieve it until the sewer is finished In addition to the new sewer the new fenc } extending entirely around the almshous l grounds proper, 8 distance of over nine hun
 dred feet, is rapidly approaching completion
 The fence is nine feet high, made double an
 is being constructed in the most substantia ] manner. Much of the work on the fence an = the excavatipg for the sewer is done by th , l inmates of the alunshouse
 l Loan Exhibition at the Dwight Plac A Church.
 l A preliminary view of the above-named ex [ hibition was given to a few invited friend last evening. The parlors of the church ar admirably adapted to display of this kind , | being large, lofty and well lighted, and th