The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-09-30

house that would effect the mind of
English and induce him to commit
the act he did without the evidence of
that turpitude, or deliberation and
wicked purpose, to which we have
referred in connection with the other
grades of homicide? ? If you find that
there was, from the evidence, then
you can find the defendant guilty of
manslaughter. In order to find the
offense of manslaughter there must be
sufficient cause or provocation, and
q state of violent passion that placed
the defendant for the moment be-
yond the control of his sober reason
and suddenly impelled to the deed. If
in your investigation of the facts you
have n reasonable doubt as to the
guilt of the defendant arising from the
evidence, the defendant is entitled to
the benefit of that doubt. 1t must not
be n fanciful doubt, but it must be
doubt that would cause reasonable
man to hesitate in coming to q con-
clusion upon Il given state of facts. l
say, gentleman, where doubts of that
kind exist in II case of this kind the
defendant is entitled to the benefit of
those doubts.
Without further comment upon the
| evidence we submit the case for your
consideration. 1t is necessary that
you should carefully consider the
evidence in view of the rules to which
we have referred. 1t is your duty
without fear or favor to avow the CON
clusion to which you have arrived. If
you find the defendant not guilty you
will say so. If you find him guilty
of murder in the first degree as
charged in the indictment, you
will say so. If you find him guilty of
murder in the second degree you will
say so. If you find him guilty Of
manslaughter you will say SO There
are three degrees either of which you
can find. If you find he is not guilty
you will say so generally by your
verdict.
The jury retired at $50 with the an
nouncement by the Court that if n
verdict was reached by 1O:3O it would
be received that evening The Court
House bell was to be rung as signal
that the jury had agreed Oh verdict.
At 10 o'clock the ringing of the bell
broke the stiffness of the evening air,
and the people rushed pell mel! for the
Court House. At 1910 the jury
slowly filed into the court room, under
the charge of Constable Burchficld,
and after taking their seats, :. W.
Miles handed the verdict to the Clerk
who in turn handed it to the Court
when it was handed back to the Clerk,
Capt. Schnning, who said: gentle
men of the jury listen to your verdict
as it stands recorded in the case
wherein the Commonwealth is plain
tiff, and Harry English is defendant.
You find the defendant Not Guiity.n
SO say you all?'
The jury had scarcely nodded assent
to the verdict ere the widest confusion
ensucd in the court room; the audi
ence applaudmg with might and main.
One man even went so far as to go in
behind the bar and grasp the prisoner
by the hand this man was ordered
by the Court to take his seat. Order
being restored Judge Wetmorc gave
! the prisoner some sound advice,
coupled with the timely warning
to avoid bad company i'll the future,
and then stated TO the prisoner that
the records OF the Court would forever
protect him against the charge o!
killing Constable Warmth; also stating
that other charges against the prisoner
prevented his full discharge at this
time. As soon as court had adjourned
the audience rushed around Harry
| English and shock hands with him
and conYra .ulated him on his acplital