The Lambertville record., 1888-05-30

The prOvoca tion which be had received
was legally sufficient; but If there was
time for reasoning to have resumed its
sway, it was no excuse.
The human mind was difficult to under.
stand, and it was difficult TO comprehend
10 different persons. Science had not laid
down any rule by which the precise line
between sanity and insanity could be de-
termined. If they did not believe beyond
0 reasonable doubt that the prisoner acted
with malice, with a heart regardless OF
social duty and fatally bent upon mischief,
they ought not to find him guilty of muir
| der.
The law was for the Jury as we'll as the
facts, and they had the power to mitigate
its severity; but that was power which
they could not exercise without neglect
ing their duty TO society. That it was
their duty to apply the law as it existed
and not to make laws for themselves.
In conclusion the Court said: "Gentle-
men, the case of the Commonwealth VS..
Harry e. Gettys is now in your hands,
aud have no doubt that, directed by a
hand from on high, you will return YER
dict to this Court which, whatever may
be its consequences, will be Just one and
in accordance with your observance aud
full observance of the oaths which you
have taken. You may convict the priso-
ner OF the crime of murder in the first de-
gree, or OF murder in the second degree,
or of voluntary manslaughter, so stating
in your verdict, or you may acquit him on
the ground of insanity stating in your
verdict that it is on the ground on insani-
ty, or you may acquit him absolutely if
you can find in this case sufficient evil
dence to warrant such verdict"
The Court is requested, in behalf of the
prisoner, to instruct the Jury as follows:
/. That il the Jury believe the prisoner,
Harry E. Gettys, at the time the pistol
was fired, was in first transport of pas
sion, occasioned by bis knowledge that
Kitchen had committed adultery with his
wife; that he was wrought to a frenzy
which, for the time being, rendered him
unable TO control his actions, and that he
was governed by an uncomfortable impulse,
that then the prisoner cannot be convicted
of murder In the first or second degree.
Answer--This is true.
2. The law establishes, absolutely, no
length Of time for cooling, but cooling
time, in any particular case, is ascertain
cd and determined by the facts and cir
cumstances to bo found by the Jury in
such case.
Answer--This is true.
After the conclusion of the Judges
charge the Jury retired, and at q quarter
before O'Clock the Courts adjourned till
2 o'clock P. M.
At five minutes past 8 o'clock, p. Nj
the bell in the Court house tower rang
out tho fact that the Jury were ready to
s..k.s tt.a Aaut ~r
the Crier's opening sentence, stiffness fell
upon the assembled people, and immedi-
ately the jury filed quietly into the box.
The Clerk called the names of the Jury
and amid breathless silence inquired:
"Gentlemen of the Jury, have you
agreed npon your verdict In the issne
Joined between the Commonwealth of
Pennsylvania and Harry e. Gettys, the
prisoner at the bar; how say you, do you
find him guilty or not guilty."
Foreman Isaac f. Sutch replied:
'sGuilty of voluntary manslaughter and
recommend him to the mercy of the
Coart, and not guilty of murder iu the
first degree or in the second degree"
The prisoners counsel asked that the
Jury be polled, aud the Court accordingly
directed II to be done. The Clerk then
called them In order and each Juror arose
In his seat and replied "Guilty of volun-
tary manslaughter, and recommend him
to the mercy of the Court; and not guilty
OF murder In the first degree or in the
second degree"
The Court then informed the Jury that
the business Of the Term was completed,
aud thanking them for their faithful at
tendance discharged them for the Term.
After the recording Of the verdict,
counsel for the prisoner made motion in
arrest Of Judgment, and illed the follow
ing reasons therefor:
/. Because the above stated cause was
continued on the 18th day of December,
1887, being of December Term, 1887, by
agreement between the District Attorney
and the counsel for the prisoner, as ap-
pears by the record; but that the record
Of January Term, 1888, of this honorable
Court, does not show any continuance of
the said cause or trial of the said January
Term.
Q. Because the record does not show of
the May Term, 1888, of his honorable
court, when the bill Of indictment was
sent before the Grand Jury, or that the
prisoner was present when the same was
sent to the Grand Jury.
3. Because the record does not show
that the prisoner was present when the
Grand Jury returned tho said bill Of in
dictment TO the said Court.
A. Because the amendment Of the re-
cord made by the Court, on motion of the
District Attorney, on the Gath of May,
A. ID. 1888, does not show that the con-
tinuance of the cause at the January
Sessions of the Court was in the presence
of the prisoner.
A rule was granted TO show cause why
the motion should not be allowed. Rule
returnable tomorrow morning at 10
o'clock. Is
An application was madc to admit Mr..
Gettys to bail, for the reason that his
sister was lying ut the point Of death,
and thus enable him to see her, and leave
was granted accordingly.
In accordance with the direction of the
Court, Mr.. Gettys entered bail in the
sum OF $1,000 for his appearance in Court
to. morrow morning. Elk Sheriff Allen
n. Heist and Elk -Prothonotary John r..
Biting became his suretics.
Under the Penal Code of March 81,
1860, section rs, the punishment for
voluntary manslaughter, the offense of
which Gettys has been convicted, is as
follows: Every person convicted Of any
voluntary manslaughter shall be senten-
ced TO pay fine not exceeding one thou
sand dollars, and to undergo an imprison-
ment by separate or solitary confinement
at labor, or simple imprisonment, not ex-
ceeding twelve years, aud in tho discre-
tion OF the Court TO give security for
good behaviour during life, or for any
less time, according to the nature and
enormity of the oflense. The offense,
although grave one, Is baiIable.
THE SENTENCE.
Judge Yerkes yesterday (Tuesday),
overruled the objections filed by Gettys'
counsel, and sentenced him to pay fine
Of $4O0 aud the costs Of prosecution, and
to undergo simple imprisonment ol
seven months in the County Jail, from
November Esd, 1887, the da.e of his ar.
rest, which practically gives him about
twenty five days in jail.
A Grayeyard (foueIt