The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-19
CLOSING THE CASE .
John Briggs Will Soon Know
His Fate.
POSSIBLY THIS EVENING
Mr.. wadlinger Addresses the Court for
over Three Hours on Law Poiuts-Mr
Brumm Proceeds with His Summing up
for the Defense,
special to the HERAtp.

Special to the Herald.
PoTrsvLLE, Jan. 1s.-It was generally ex
pected that the jury in the Briggs case would
retire last night, but the expectations were
based without Thought of the powers and in.
clinatious Of speech on the part Of Messrs.
Brumm and Wadlinger, When those two
gentlemen got the floor yesterday they held
it for hours when Judge Weidman called time
for adjournment last evening. Mr.. Brumm
seemed almost as far from the conclusion of
his address as at the beginning.
In response to the direction Of Judge Weld.
man to the counsel, after all tho evidence was
declared in, to prepare to close the case,
George Dyson, Esq, one of the counsel for
the defense, presented sixteen written re
quests to charge and cited number Of
authorities tending to show that the Traction
Company was justified i'm sending an armed
| body Of men to protect and relay the track
| Authorities were also quoted tending to show
that evidence as 10 character should be con
| sidered by the jury and thai if any nuisance
existed in the borough by reason of the com
pany's tracks the people should have sought
| relief from the court and not take the law
into their own hands
When Mr.. Dyson took his seat at 1890 yes
terday morning, after submitting the requests.
MIR. Wadlinger began an address to the
court on points of law and stood before the
bench until 1890, p. m. Recess was then
taken and at 3 p. m. Mr. Wadinger again
resumed his argument on law points and
continued it until $3.50 p. m
Mr.. Wadlinger did not agree on any Of the
statements or propositions Mr.. Brumm had
made when he opened the defense before the
jury. Mr.. Wadlinger said the law as ex
planned by the Commonwealth never was the
law He desired that even lawyers disagree
on the construction of the definition of muir
der. To say az this day with the printing
presses and the numer Us schools that th,
definition Of murder il not understood is L
say that God Almighty did not understand
what ne meant when he said on Mount
Sinai Thou shall not kin Just rs you
find in holy writ Gods law upon murder, Sc
you find in Blackstone the common law on
murder and you find in the text books anC
reI orts Of this state the statutory law Of mur
der 1t is so plain that he VINO rurB may
read. The 5Sth Pa. State Reports Common
wealth vs. Drum, is the primer on murder, on
page 10 we find the beginning of the defining
of various degrees of murder. When Hdlic
is spoken of in this connection j
does not mean particular in will but whert
!
/, Of heart, cruelty, recklessness of couse
, quences, and mind regardless of duty
although particular person may not be in
tended to be injured This is the legal sense
The law fixes no length of time as necessar,
to fix the intention TO kill, but leaves th,
question to the jury, to be determined b,
them from all the facts and circumstances II
the case
No time is too short for a wicked man t.
frame in his mind the intent to murder anS
the means by which to accomplish it. Th
Jury must be well convinced upon th
evidence that there was time to deliberate
and premeditate. The jury must find actus
intent. If there be time TO frame in the
mind the intention to kill aud select the
weapons or means of death, though the time
be short, it is deliberate and premeditsteC
murder. When Briggs took this stanC
yesterday and testified that for 10 full
minutes be occupied the northeastern end o
that car, hearing the mutterings and th
eerings of the crowd with that gun between
his legs, and his arms holding il, and his fac,
resting upon his arms he had more thar
enough time under the law to deliberate snC
premeditate as to th- subsequent action; auC
the fact Of his getting up and going upon th
platform when he heard the cry Where il
the Girardvile militia" why don't tn,
Girardville militia come out T' and i
you believe his testimony those wer,
the only words he heard while in ther
20 attract his attention, he went out full,
determined upon the action made, aud useo
the gun, and Partit, having received the
bullet, the very use Of the weapon n itsel
establishes the intent and shows that Briggs
when he made use Of that gun, meant TO kin
Murder in the second degree is iuteUabb
I under the law. In fact the law does infer i
from the very fact that a deadly weapon was
used in the hands of the prisoner In othe
l.. .... a. u
under the common law, That murder uudr
our statutes, would be murder in the second
degree Before the Commonwealth can asl
a jury to render verdict of murder In thi
first degree they must produce evidence {,
the satisfaction of the jury to raise it abOyl
the standard of murder in the second degree
In all cases Of murder where any intention
TO kill be inferred from the circumstances th,
verdict must be murder in the second degree
No words taunts OF joeriug, either by mel
OF boys, at GilbertOn that night, could b,
sufficient justification to shoot, or kill, O.
take the life Of another. If Briggs intended
to kill the man, whether he knew the man
or didn't know him. aud although he had NJ
particular malice, if he fired the gun witt
70 the deliberate intent TO take life, he wa
guilty of murder in the first degree,
The right 20 bear arms under the Constitu-
tion of the United States does not mean tina
every Tom Dick or Harry can take q gun
sud at dead hour of the night 60 into
community, either for the purpose Of doinl
injury or committing disorder When
body of men go into community, bearnl
arns they are, per Sc, rioters The law give
the right to bear arms in a military way, an,
not TO use them i'm bmyado or in an aiiray
We have proved that this track was upoi
ground that had never been conceded 10 thu
electric railway company and the case is no
in point with the Easton case where the com
pany had no charter rights 60 the plac
Z where the tracks were torn up; but in an,