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

considerable talk among the lawyers,
as to affinity, consanguinity, ties of
blood, marriage ties, &C., all of which
summed up had no bearing whatever
on the case at issue, as any one could
see. Sixty-eight jurors were called
also thirteen who were at first set
aside, were recalled, before the jury,
which we give in full below, was COM
pleted. AT ten minutes to 8 o'clock,
VIM. Doane, of Spring Creek, one of
the first set aside and recalled, was
sworn as the 18th juror, when the
names of the jurors were called
and the case was ready for the law
yers.
THE JURY.
John Mosier, farmer, Fox township.
VIM. H. Devereaux, farmer, Jones,
Jerrey S. Stewart, laborer, Ridg-
way.
VIM. Fannin, laborer, Ridgway.
A. S. Horton, clerk, Horton.
Rufus Underwood, farmer, High
land.
Isaac Avery, lumberman, Ridgway.
Geo. II. Rothrock, laborer, Bene-
zette.
Wallace Johnson, farmer, Bene-
zcttc.
u. w. Rogers, farmer, Fox.
S. w. Miles, plasterer, Ridgway.
VIM. Doane, laborer, Spring Creek.
FIRST SPEECH.
G. H. McCauley opened the case
for the Commonwealth. Commence
ing with the date of the crime, April
Il, 1880, he reviewed the case at
length, setting forth the line of prose.
cution to he followed by the Commons
wealth. He defined the crime OF
murder, argued at length, on tho
enormity of the crime, and the impor-
tance of sustaining every man in the
right of life and property, He espec
| tally showed that an officer in the dis
| charge of his duties should be zeal
ously upheld by all good citizens, thai
the law of the country might not bC
trampled on. In glowing periods he
| pictured the cutting down of the man
Warmth inthe prime of life, and til,
gloom of that family circle, made des
olate by the hand of the assassin
while a broken hearted wife mournct
and could not be comforted, over til,
broken hearth-stone. Maps were pro
duced in evidence of the scene of til,
murder, also separate maps of variou!
views of the house wherein the deco
was done. In closing Mr.. McCauley
said that he asked the jury "to rende
substantial justice, such justice as il
indicated by the statute that adorn'
this temple. Justice even handed ant
we shall all be satisfied"
EXAMINATION OF WITNESSES ON THf
PART OF THE COMMONWEALTH
0. ID. Coleman, of Kane, was tn,
first witness called and sworn. He
testified that he had had business
! transactions with Harry English, ant
| that English once gave him checl
| NCllcCh iblOIuCcN iOl Sl = w, NJ. ltv-t
dated Dec. 18th, 1879, and drawn OIL
the First National Bank of Olean, to
the order of Harry English and witt
the name II. w Lane signed thereto
Coleman saw English endorse thi
check, and sold him some goods anC
gave the rest of the check in money.
The Commonwealth offered thi
check in evidence, proposing to show
that the check was forgery, and that
the forgery was committed by Harr,
English, to be followed by cvidenc,
that for this forgery the officers wer
making the arrest.
The defence object ell to the check n
evidence on the ground that it was ir
relevant; that man cannot be tried
for an offence of which he is no
charged, for the reason that it prove
another distinct crime, aud might pre-
.judice the minds of the jury.
BY the cOurt-The commonwealth
propose to show that Frank Y. War
NTH was the constable of BenZingel
township and that at the time of hi
death he was in pursuit of defendant
! alleging that he had committed TIN
! crime of forgery and that the constable
so stated to English informing him o
the charge.