The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1892-10-19

laT-aol1IlE char1cter oI Olf FcOFi1 -
bsen sch that heretofore no one has
been prosecuted under this act since rs
passage in 1850. 1t Is also proper to say,
30 far As his STATE Is concerned, that this
prosecution has not been commenced
from any vindictiye feeling, OF from soy
disposition TO multiply offences. or 70 IN
aict any unnecessarily severe punish
ments. Its object IS 10 merely vindieaie
the law. II Is only the maximum pun
;shment that Is fixed By the statute the
Court possesses the power 10 fx il Al any
point within il. You viii also observe
that the offence charged IS treason against
this State, and not against the United
states; il is q matter with which the
izttsr haze nothing % do, and over
which It's courts have no jurisdiction
H0Bs AND IEEssoS-
4 mere mob, collected upon the i'm
pulre Of the momenI, without any def
mite object 5eyond the gratidestion Of It's
sudden passion does not co mmit treason,
although L destroys property and takes
human life. Bot when q large number
OF men arm an organize themselves by
divisions and companies, appoint officers
and engage in q common purpose 70 defy
the law. 10 resists its officers, and to de-
prive any portion Of their fslioE-citizsns
Of the rights 10 which they are entitled
under the Constitution and laws, itis .
lsvying Of war against the state and the
offence Is treason mach more 30 when
the functions Of the state Government
are usurped in : particular locality, the
process Of the Commonwealth, and the
lawful acts Of lis officers resisted and N
lawful arrests made ct the dictation Of
BODY OF men who have assumed the func-
tons OF the Gover1m-nt in the locality
and II is state Of war when business
plsnt has 10 be surrounded By the army
ofthe state for weeks 10 protect il from
unlawful violence ST the hands Of men
formly employed in IL.
Where 4 body Of men have organised
for q reasonable purpose every step
which any one OF them takes in part exc
cution Of their common purpose Is an
overt act OF treason in levying var.
Every member Of such usurPed govern
ment. whether L be an advisory CON-
mittee or By whatever named called, who
hiss participated IN such usurpation, Who
has ioined in q common purpose Of resist
auce Of he law and the denial Of tie
rights OF other citizens, has committed
treason against the State. While the
graveness Of this offence IS the design Of
oTerturning the government Of the state,
sueh intention need not extend 70 every
portion Of lis territory. Il Is sufficient
If II De 10 over1urn i in q particular
locality. and such intent may be inferred
from the acts committed II they be
sucb that the authority Of state isover-
turned in 8 particular locality, and =
usurped authority substituted in is place,
the parties doing so must Be presumed 70
have intended to do what they have act
ually done.
THE PEEsJNFTIoN or -HE Law
Hisa maxim Of the criminal law that
a nan must be presumed TO have intend
ed that which IS the natural and proos-
be consequence Of this act Thus, If 3
man assaults another with q dez' .ly
weapon. and aims blow at vital part,
the law presumes be intended to take
life.
Aliens domieiled sithin the state, and
who enjoy It's protection, owe temporary
allegiance 70 Il and ere amenable for tres
son.
There are NJ accessories IN treason, all
are principals.
twill be your duty to examine Al. the
witnesses whose names appear On the
hack Of the bills OF Indictment, or who
shall be sent before you BY the District
Attorney. It's not your business to
sry the accused party all you have to do
= 10 ascertain from the evidence whether
. prina facia case has been made out suf-
fcieut 70 send the defendant. TO trial
before q petit jury. II you find fFom the
evidence that the defead2ts have or aay
/ OF them has committed, participated Ct
aided IN any Of the acts which have
defined to VOC as constituting the offence
Of treason, il win be your s~oTn duty
70 ind 4 true bin against the party OF
parties 50 offending.
We have reached point in the history
Of the state where there are but tTo
roads leit to Us 70 pursue the one leads
TO order and good government, the othel
leads TO anarchy. The one great qaes
ton which nov confronts the people O
this country is the enforcement Of the
/ lsvr ,ra the rreservation Of order