The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-12-07

crowded densely and during the charge
of the court there was not a whisper.
Every sentence that fell from the
judges lips was listened to with breath
less attention. The charge included
every available circumstance that
tended to cast a reasonable doubt
around generalization of the murder.
Law Points Passed Upon.
In passing upon the law points
Judge Edwards affirmed all but three,
the fifteenth, seventeenth and
eighteenth. The third and fourth
points he qualified so far as the evil
dence bore upon them, which was a
question for the jury. After giving the
case into the hands of the jury Judge
Edwards said there would be no court
this afternoon because of the funeral
of the late d. w. Connolly. However,
he would be in court at $50 and IL they
had agreed upon a verdict court would
receive 1t. After that there would be
no chance for them to render their
verdict, if they shall have agreed upon
It, before 1.3O this afternoon. The de-
cision Of the jury will be awaited
eagerly. In beginning Judge Edwards
quoted the law of Pennsylvania on the
different grades of murder, after which
ne spoke in part as follows in review
ing the testimony of the case:
Gentlemen OF the jury, you will
find two important facts that cannot be
disputed. That Mary Kerzic received a
pistol wound from the hands of the de-
fendant, which caused her death; and
that the revolver was purchased by
him the morning of the shooting. The
representative OF the commonwealth
contends that the circumstances sur
rounding the shooting justify you in
nhding only one verdict, that of mur-
der or the first degree. 1t is shown that
the defendant, when disappointed on
account of the refusal of the woman Ia
marry him and her determination to
marry another man, became inspired
with the spirit of revenge; that he pre-
pared himself deliberately to carry out
murderous purpose and went to
Lally's store on Monday evening to
purchase a revolver and hesitated only
on account of Il difference of a dollar
and half In price; that he went back
10 kramers house, slept there Monday
nlght, arose Tuesday morning, pur.
chased the revolver and loaded II with
cartridges and within the space of ar
hours time went back to the house and
on being refused marriage again by
the girl. shot and killed her. The com.
monwealth contends that the circum.
stances OF the shooting are consistent
with no other hypothesis than that OF
murder in the first degree.
Claims of the Defense.
u VIII now call your attention to the
testimony for the defense. The de.
fendant by himself and counsel admits
the purchase of the revolver and thai
Mary Kerzig came to her death bS
means of shot fired from this re.
VolVer in the hands of the defendant
The defense is two-fold. 1t is contend
ed that the firing of the fatal shot was
accidental; that while he was about tc
commit suicide and had the revolver
under his chin, the girl took hold of hi,
arm and that in the scuffle that ensueC
the shots were fired and Mary wa.
killed. The defendant also contend,
that the condition of his mind was sucl
that he was not responsible for his acts
that his mind was unhinged and tina
he did not know the consequences of hi.
act. f'.'
The question will naturally recur t.
you. was the shooting and killing o
Mary Kerzig an accident, as claimed
by the defendant? If it was, then tn,
defendant cannot be convicted undei
this indictment. The evidence on thi
part Of the case is in the main that o
| the defendant. | need not repeat it t,
you. If you find that the killing wa
| not the result of accident. then was th
defendant insane when he committed
! the act, and unable to distinguish be
tween right and wrong? The law pre-
sumes every man to be sane Sanity Il