The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-13
wa. BRUMM SPEAKS.

/ glance comprehend and eaten All 'no 0'' a.,
;. 80. ,e ,,,rlcr and don't care how often vn
1 ar how able. or how distinctly his Honor may ~
! define It you cannot fully comprehend II anu ~,
I hold IL i'm your minds Lawyers diner 10 ~
4 great degree on the proposition III mas ''' H.
y tho subiect of discussions and liugations an y,
5ispptes FOR ages aud 10 is for that reason thsV VI
In opepiug a case / would Ike 10 "
cot rs pood conception ana as
r-opcr a knowledge as / can and have J.
,grp said it would be good idea If in the y
op,piny of a murder case they could nave
before them in writing or printing the many
definitions OF homicide. All killing is mu'
der. An ohicer, a sheriff for instance e1ecuv
ing the murderer only commits Jus'ln"o.o
homicide. An officer in the execution OIL H''
duty. eitherattemptng to make an arrest oI
. after arrest has been made, prisoner a''
/ temuts TO escapc. shoots and kills him. oh'5
/ sornr,its excusable homicide. One who Kills
bv misadventure OF accident comml'5 So'i
. dental mr. c1cusablo homicide. As whore "
u, man may be choppiug a tree down anu anu an
s ,,bori standing near him, and while he Is
.| choDping the tree the head oi Ihe '@ n'''
from the helm and strikes the man s'"nu'us
from him and kills him. Gentlemen oi 'n'
i,,-,. that is this case No one denies the
Jo. fact tbst moor Parft was killed by the shot
We'd that came from Briggs gun it was purely an
iaul .,.tlont And if IT was an accident
re, then IL is excusable homicide and the verdict
Mic must be so. Gentlemen of the jury II can
men beanythirg else under the testimony aIIe"uy
ms in f5r the commonwealth, unless 1t Is muiuoi
nan in the first degree. You have got before you
ne D very conflicting testimony and l teel wen
'oii satisfied that if every one Of you twelve men
ne have not already fixed in your minds th''
st this WAS an accident you at least in very
'a"B very grave doubt ] want TO say that il you
are i'm doubt about il when you hear the close
3nin of our testimony if you are in doubt as to
"' the facts or in doubt as to the law appllcaple
'..' to the fact, give this man the beneht Oh IT,
/ Tho Commonwealth insists that under thla
,""' testimony this jury shall say this man is
vest guilty OF murder i'm the first degree. want
''' to say right here that the responsibility toi
''I verdict is with the jury. They are the
"'' only discretionary element in tHa
.'m" Of a case of this kind His Honor, the
I'D" Judge. has none; the jaier has nonej th'
'7.' sheriff has none; only the jury and the TX
P',"' ecutive of the state in the exercise OF cein
W." encv. The result, whatever it may be, mus
VI, be the result Of the discretion thai you twelV
''' '' men have. No other power can interfere
excspt the Executive, It is your discretion
it is your Judgment; it is your act and IL
N''' other Now what shall be our deiensef a
Sho7 / have told YOU, We are guilty Of no murder
-Hlss We are guilty of no mansaughter eithe
voluntary, or involuntary. MansIaughter
'o.''"' divided into two clssses-vOluntary ana II
voluntary, when you get two or more men t'
''.'e zetber and in a heat ofpassion, or excitemen
or IN a brawl, OF fight, the one Stays IN
W" other that is involuntary manaaughter p'
l7'"' cause he does it iuvoluutarily. Voluntar
"' WI" rouslaughter is whore person is in the Per
" To" petrstion OF an unlawful act and while so dc
Ja"' ing he inadvertently kills q person. OF
''" defense is that it is not voluntary mal
',,' slaughter because it was not committed in a
N"pR aniav in which the one, if guilty, was in
,,l.,. heat of passion. 1t was not inyoluntal
mauslaughter because the prisoner at the b
"' was not engaged in the perpetration of an u
lawful act But il was ezcusable homicid
10 was an accident 1t was done inadvei
"u' eptIv. unintentionaIly. That if it was dol
'o''i bv Briggs at all, it was without any intonu
TO do it; aud for that purpose we propose
nut on this stand first: witnesses for {
. purnose Of showing that we were there
, and by virtue of lawful authority show y
that we were in the exercise Of rigdt tn
=, brlopps TO every American citizen; show y
that we were there to defend our proper
80 show vou that we had an iudisputable right
tina property; that we went there to dcte
.bat right. show you that we were cal
yam ,r,n bv an officer Of the law that d
nv w, ~ officer of the law had the power Of
- congtabulary; that that power includes
right of what is known as posse con'ttai
the power of the country, or the right
ystbe;- the neighborhood, or such other
, ~ sistance as the constabuary power !
- w DEAN necessary to assist in the lawful e.
~, else of It's lawful rights, We will show
''' that the Schuylkll Traction Comp
had. by an ordinance passed by the Boro
NJ Gnberton, the right to lay t
tracks through that town that they
'''''' those tracks on conceded terriI
and not an inch beyond that they conf
''' With every letter and each and all concey
s,irit of the ordinance that was gra
them; that there was no question raised
D'' "g fine territory conceded until months after
track had been laid and the company
,, arercisinR their right of way, undisI
, and uumolested by the Town Council or
'' '.'- body else that the Town Council agre
G,t won AN assignment of that right to a
party, entirely ds.r'crasted in
original contract aud The ori
road to which had been granted that rig
"N'' way had assigned all their rights
a'' 20 nryiIeqes to an innocent party with
'''''' knowledge and consent of the Borou
epsrisl Gnberton; that their attack was mad
md silver ON the parties with whom they made tn