Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1889-10-14
RUDY, THE PATRIClDE.
pun REPORT or JUSTICE srERREYrs spIS.
ION IN A REVIEW or THE CASE.
He Reaches the Conclusion That Rudy
Was Fairly Tried ana Justly Convicted
Under the Evidence Produced.

Under the Evidence Produced.
Following is the full opinion of the su-
preme court, delivered by Justice Sterrett,
refusing a new trial to John w. Rndy,
convicted Of numbering his father:
The prisoner was tried and convicted of
patricide OF the first degree, the most helm.
Gus type of murder. The corpus dcte u
was clearly proved. The evide ice was
oujte sufficient to Justify the jury I'm find
ing that the prisoners father was brutally
murdered. The position in which the de-
ceased was found, the nature OF the wounds
that must have caused his almost instanta-
ncous death, the character of the instru-
ment with which thew appeared to have
been inffii,tsd and all surrounding cir
cumstances, pointed to the commission of
q wflfil, deliberate and premeditated muir
der. Blu of course, that was a question of
fact for the jury. anu to them IL was fairly
and impartially submitted,s
The mainquestion of TACT was whether
the prisoner was the guilty agent. There
was no direct and positive evidence of his
guilt. The evidence was entirely circum-
stantial, but 1t was sufficient to Justify the
submission of the case To the jury; and
that was done in a clear and comprehen-
sive charge. embodying such instructions
as were necessary for the guidance of the
jury In properly considering and applying
the evidence Some exceptions to the
rulings and charge of the court have been
assigned for error.
The first specification Is without merit.
The practice of standing aside jurors had
its origin in the construction given 10y the
coprts to the statute 33 Edward /, enacted in
1905, and like many other customs ii de-
scended TO us from the mother country. In
the higher grades of felony, nj least. the
practice has been so long customed and so
uniformly sanctioned that il has acquired
the force of positive law. Haines vs. Com.
100 Pa, 3l7. No good reason can he stig
Wested why 1t should not be adhered to in
the case of Jurors brought into court on
special yenire as well as those on the regu-
lar panel.
There was no error in disallowing the
questions recited in the "a and Sd specif-
cations. Under the circumstances the pro-
fessed evidence was neither competent nor
relevant.
The subjects of complaint in the lih 10
9th specifications inclusive are instruc.
tions on The subject of alibi The sentence
which constitutes the fourth specification
is improperly severed from its connection
with the next succeeding sentence. When
read together, as they appear In the charge,
they are as follows. "Ihe setting up of an
alibi by the prisoner does not relieve the
commonwealth from furnishing as 1t has
done here, full proof of the commission of
the ofiense or crime charged, nor does
his setting up an aiibi as defense
change the burden of proof cast upon
the commonwealth by his plea of not
guilty. or waive his right to demand from
the cbmmonw, alth, before he can
be csnvicted full and complete proof
Of his guilt, beyond reasonable
doubt" The first sentence relates to
the necessity Of proving the corpus detect.
The second to the necessity for full and
complete proof of guilty participation in
the felony. There is no error In either,
and when read together, as they were to
the jury, the idea intended to be conveyed
Is perfectly clear, and must have been 80
10 the minds OF the jury.
What was said by the learned president
Of the oyer and terminer, in relation to the
defense of alibi, constitutes a full clear and
accurate statement of the law on that sub
ject. The burden of proving IL was
clearly on the prisoner. II he failed to do NO
TO the satisfaction of the jury, the alleged
alibi, rs substantial defense, was value
less; but that did not deprive him of the
benefit Of his evidence ON that subject, 40
far AS 1t, in connection with other testi-
mOny in the case, may have had tendency
TO create q reasonable doubt To his guilt.
Immediately after instructing the jury that
an aiibi Is valueless as complete de-
Tense unless it is proved Ito the satisfac-
ton of the jury" the learned Judge said:
:" hut an alibi Is As much traverse of tho
crime charged, however, as any other de-
tense, and proof tending to establish il,
though not clear, may with other facts of
the case raise reasonable doubt of the
guilt of the accused. and therefore it must
not be excluded from the cause and the
jury."
In Myers VS.. commonwealth, SD Pa,
14l, cited by the prisoners counsel, the
court below had instructed the jury that
they must be satisfied beyond reasonable
douh," etc. This.court, commenting on that
part OF the charge, said This statement
Is too stringent and throws the prisoner
npon degree of proof beyond the legal
measure of his defense. That measure is
simply proof Of which is satisfactory, such
as follows fairly from preponderance of
the evidence. 1t need not be beyond doubt
Where the evidence raises "a balancing
question, and the mind is brought to de-
termine its preponderance, there may be
doubt still existing in the mind, vet the
actual weight may be with the person, and
this proof should be considered satisfactory.
Other authorities to the same effect might
be cited, but II is unnecessary.
All the evidence, including the hearing
IN the question of aiibi, WAS fully aud care
Qlly submitted to the jury with special in
that II. from the evidence in the
case. they had reasonable doubt of the
prisoners guilt their verdict should be not
guilty.
IL there was any error in the trial of the
cause 1t was in the finding of the jury that
the prisoner was the guilty agent. The
court below, who heard the tnst mony and
saw the witnesses, was satisfied with the
finding of the jury. There il nothing on
the record To justify us in setting aside the
verdict.
Neither Of the specifications of error is
sustained.
Judgment affirmed, and it is ordered
that the record he remitted To the court of
oyer and terminer of Lancaster county for
the purpose of execution.