The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1892-04-15

cause he was engaged in an unldWlul act
il was not claimed that the homicide was
excusabIe on the grounds Of self defense,
but that the circumstances made II murder
in the second degree.
We fail toobScrve the distinction sought
to be made. The distinguishing criterion
of murder is malice: the defendant. by ms
plel of guilty of murder. admits the NAL
ice of heart necessary to constitute MUIR
der. The distinction between murder IN
the first degree and murder in the second
degree is the intent 10 kill; the essence oI
the ofTcnse is the intention. If we are sat
iSficd in this case that the intention 10 XIII
existed. We need go no further in the state
of the record. but we do go further.
II. however. the intent of the defendant
wa, 10 DO RccS great bodily harm in order
10 carry cut his design of escaping from
the premises, and not 10 kill, then we
would be warranted in fixing the ohcnSe
al murder in the second degree.
In this case we act both "a Judge and
jury; a. a jury we have found from the
evidence. beyond a reasonable doubt, Ihat
at the time the defendant killed Samuel
Ree>. there was fully formed intent in
his mind To take his life. and that the Kill
ing was willful, deliberate. and premedita-
ted according To our understanding OF
those terms as Il Judge. and Ihat there has
been no sufficient cause of cNtenuatiOn or
excuse furnished. and therefore there re-
mains nothing for Us to do but perform the
further painful duty of imposing sentence
And now. March 10. 1892. after jury called
and sworn. the prisoner at the bar-Elmcr
Bruner-appcarcd in open court, in til"
presence of the Court. his counsel, and the
jury. and withdrawS his plea of not guilty
TO the Indictment whereupon the jury en-
paneicd in the case i discharged and the
Court proceeded u hear witnesses to de-
termine the degree of the crime. and on
the same day and the following day called
the following witnesses, whose testimony
was taken and reduced To writing by the
official S;enographer of the Court. To wit:
George Mckay. DIR. +. J. Dawson. Charles
Wcakland. Clinton Cunningham, \. J.
DUnmire. Thomas Davis, II. J. Grouse.
DIR. c. V. Il. Kennedy, j. y BolSinger,
Morgan Hughes. Thomas l.. Jones. j. c.
Stiueman. J. Frank Condor, Il. +. Geiger.
and Peter j. Little on the part of the Com
monwcalJh. and on the part Of the defend
ant Samuel Moose. James T. Young. Mrs.
Bruncr. Anna Bruner. :. +. Mitchell.
\. !. Duumirc. aS well aS having heard
the testimony of the defendant. and having
fully considered the evidence on the part
the Commonwealth and on the part Of the
prisoner. and continued the case until this
day. now. April II, lsy2. we do find the de-
gree 0f the homicide committed by the
prisoner N or near EbenSburg. in the couu-
" of Cambria. in the killing of Samuel
]. y.F 4 II -.
be- murder in the INST degree.
The Court. therefore do adjudgc that
the prisoner at the bar-Elmrr Brunor-
under his plea of guilty, i guilty of muir
der in the first degree, and tins finding is
therefore ordered TO be entered of record.
By the Court. \. Y. BARRIER.
President Judge.
At the conclusion Of Judge Barkcr'S
opinion counsel for the defendant made a
motion in arrest of Judgment which was
heard ON Wednesday. Judge Barkerovcr-
ruled the motion and called Bruncr up for
sentence.
Judge Barker, in imposing the sentence.
said:
Elmer Bruner you may be sure that
this is the most painful hour of our lives.
and We do not expect in the course of our
judicial career 10 have another 80 painful.
Gou were tried by jury and found guilty
of murder in the first degree. We. in our
judicial decision and what we think i
right under the law. gave you new trial
When called for the second trial you
placed your case in the hands of the court.
thereby imposing upon the court the duty
from the evidence of determining the de
gree of the OtlcnSe.
We feel satisfied that. had the ease gone
To jury under the evidence offered 10 the
court. the verdict would have been the
sou our conscience at least is at rest in the
matter. Have YOU anything 10 say why
a sentence of death should not be imposed
upOU yOuH''
BruneT, in a few rambling sentences.
said that if he had intended 10 kill Rec> he
would bee willing to hang: that ne did not
mean To Kill Mr.. RecS, and did not think
hc was guilty Of murder in the first degree.
lie appeared 10 be very little affected by
his position.
The Judge proceeded:
The sentence of the court i that you be
taken back 10 the Jail and that you be- TAX
en- from there on the day TO bc fixed hy his
cNccllency. the Governor Of Pennsylvania.
and on that day so fixed that YOU be taken
from there 10 the yard and hanged by the
neck until You are dead, and may God have
mercy on your soul.
Judge Barker then called up Charles
BTuncr, the boy who was with Elmer Bru-
nor AT the time of the murder and who had
plead guilty at the lime of the trial. and
sentenced him To be confined in the Indus
trial Reformatory at Huntingdon.