Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-01-30
FOUND GUILTY.
CONVICTED or voLUSTAHr MAN
SLAUGHTER
The Jury Out About Fourteen Iiours-A
Large Audience Assembled to
ncnr the Ntrdict.


= o'clock yesterday afternoon and ho was
followed 10y Mr.. North, who spoke until
court adjourned ut G3O
Tho evening session began at 1880 and
MIR. North resumed, speaking until :
o'clock, whom Mr.. Reynolds closed for tho
commonwealth. Judge Patterson finished
his charge NJ l0I0 aud the jury retired.
Tho Charge.
His honor in his charge to tho jury do.
fined tho different grades of murder, nitor
which ho answered tho following points
presented by defendants counsel
/. "rho evidence in this case is not suf'
| ficont to sustain verdict OF murder in
tho first degree" Tho cour: answered
that such was their opinion, but that tho
| jury were the judges Of tho law and tho
| facts.
=. "Tho evidence in this case will not
| Justify a verdict of murder in the second
| degree" This the court refused to affirm.
.. "IC tho jury believe that Henry Esh
| lemau's death was caused by blows or VIC.
loncc inflicted by the defendant IN the heat |
of passion with sufficient proyocatiou he |
| cannot DO convicted Of any higher grade of |
offence than manslaughter. Affirmed.
l. "Tho degree of provocatiou roCessary
to reduce homicide to manslaughler va.
RIGS according to tho character of the
weapon or means used ; II tho latter are
deadly and likely to provo death, u much
greater proyocatiou must be proved but II
no such weapon or means were used much
less provocation will suffice" Affirmed.
.. "lr the jury believe that the defendant
was doing an unlawful act not felonious
or tending to great bodily harm, and uu.
Intentionally, without malice aforethOught
caused the death of Henry Eshleman, heis
guilty OF involuntary manslauShtcr, and
cannot be convicted on this indictment"
Affirmed.
8. " II the jury can reconcile tho cir
cumstauccs under which Henry Eshloman
came to his death with tho theory of the
absence of malice afOrothOught and an in
tention TO do great bodily harm 10 the
, defendant, they are bound to do 80, aud
in that event cannot find him guilty of
any higher crime than involuntary man.
slaughter" The court answered "Cnder
this indictment, the court not discuss in
, voluntary manslaughtor. Such a verdict
cannot be rendered under this indictment,
l If the otTcnsC IA no. raised by the law and
, evidence to leiOuious crime the defend
A ant would have - bS tried on another
: Indictment
:. It the jury b5,toyo that Henry Esh
:, lcmau's death was caused by the fall upon
n the pavement or the bru!ss upon his
- breast mado by the heel of defendaut' 8
shoe, and that both wero accidental, the
:, fact that blows given in the face which
=. had no tendency to do great bodily harm,
;, aud contributed in no way to the cause of
death, would not raise the cCimo above
the grade of involuntary manslaughter. "
This tho court answered atlirmativoly, but
said under the indictment involuntary
l. mausllughtGr cannot be considered.
% :. "In tho consideration Of tho evidence
d in the cause the jury are not permitted to
q infer criminal intent from any fact that
u can be reasonably explained upon the
&c hypothesis OF innocence" Affirmed
r, 8. "IG when all is proved that tho oVi.
l. deuCo tends 70 prove sJmo other hypOthe
c, sis than that OF guilty may still be true
= there can DO no conviction, for in crimna
N causes tho evidence must not only bo con
i sistent with guilt but must exclude every
~ other supposition.' Affirmed.
Or Tho Largo crowd Present.
10 During tho whole Of yesterday and Las
n evening the largo court room was packet
:" with people who paid the closest attention
- to every word that fell from tho lips 0
~ the counsel and court. Probably no cas-
~ of any kind has b5ou tried here for year
., that drew together an audience tho size @
uo that last night. Almost every inch c
y space, except in the centre aisle, whore bu
- few were allowed, was taken up and
no was imp0s ihle for anyone to get in or out
90 The doors "1~o all kept open and man
:. heard the spccct, 'rOm adjoining rooms.
~ After the jury gu,.-ol tho crowd sti
" fingered around the buIdiu', many uGt
% after ! o'clock.
700 waiting for tho Verdict.
for 1t was thought by many that a verde
'ho would be reached in q short time, but !
no this they were mistaken.
si Judge Patterson waited until O'CLOCK
'' | col, In, hot Ian
rc'I rise until 0 o'clock this morning, and
tc case q verdict was reached the jury wouI
II, be kept together until that time. I'll
+he prisoner vas KEEP in the sheTit's oftiC
"a from the time the jury went out until Il
a. court rose he cOnVerScd freely wit
-, several friends and seemed to be in gOC
ar spirits although at times ho would SUI
hor denly become silent aud wear trouble
no look.
I'M Ino JGry's ysrdict.
il At ten minutes before three o'clock til
ty afternoon the tipstatf in charge of tho ju
m. brought word to tho court that they hi
ins agreed Sheriff High at once started 4
cal the prison and returned with HildebrauC
mt, who had not to day becn in court befCr
led The court room was crowded with curo
ual people, who sat like statues TO hear Il
Ter. verdict. The jury was brought in at quart
ort past three. Ia answer to the questio
ked Have you agreed upon averdiot," San
, q Evans, foreman Of tho Jury, replied "V
lid. have" Tho verdict, which was write
ma. on tho indictment, was first shown to u
ned court and then the jury was asked "HC
,ful say you, is defendant guilty or not guilty
hat Tho foreman replied guilty of yolunta
nd. mansllughter." The jury was not poll
at and suspension of judgment being ask
buy for the prisoner was remanded.
in Tho punishment for the crime Of "
lerc untary mausaughter is fine not G
ion ceeding $1,000 and imprisonment
ng separate or solitary confinement
leir labor, or simple imprisonment, not excee
heir ing twelve years, and In the discretion
the the court to givo security for good I
,ual hayiour during life, or for auy less tin
according TO the nature aud cnormity
the olIenso.
Ort The punishment for murder in t
,nd second degree Is for the same term Of /
nn prisonmCnt.
OFFiCEhS ELECTED.
for successors to Rev. samuel Dickey.
of The board of directors of the Pea
,nI II IL. n IoIl