The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-02-13

trial. The closing chapter last night
was noted for the presnec of large
number of ladies In the audience, at
tracted to court to hear Judge Gunstcr
| charge the Jury. just as the clock in
the tower tolled 73O Judge Gunster
came upon the bench and Immediately
! began his address to the jury. In part
| he spoke as follows:
| Gentlemen of the Jury-The prisoner on
| trial Is charged with the crime of murder
/ and you must carefully examine the evi-
| dence and render a consistent verdict. |
| have said that the defendant is charged
with murder and | ought to be more ex-
| plicit. There are different grades of muir
| der but the distinguishing criterion Is
malice aferethought
To constitute murder there must be
malice and to reduce II wound or blow
resulting in death to the grade of man
slaughter there must be sufficient evidence
! in the case. Insulting or scandalouS
words or actual indignities such as assault
| and battery or the like are not Suiiicient
/ cause to justify murder, The common
law makes no grade of murder and the
penalty was death no matter what the
! grade might be. But the legislature OF
| Pennsylvania has modified the statutes so
, that murder which Is punishable by death
o''''' y. ,, ~, n'in,, r., u,oit o,. h,y on,,
"Hv VI pu''',' ~ ~ ~ IT., -, ,,Lu, ,,,so,,n,,
hntt'' S"''' 80 -" ~ ,,nI,,'r,,Ii,, an
, gagged in any arson. burglary, or rape.
M, constitutes murder of tbe FIRST de-
gree, and the commonwealth contends
that the defendant Is sulity OF
inuruSr u, 'nr itS' uos,ov' ,'''' e,.e
", ",'i",r T., ,,"i, and in ~ v,,,rml da,ihnratn
ana nremedi,nted manner All unlawful
killing which is malicious Is murder, but
the formed intention TO XIII Is the essence
Oh lho o"ehSe'
No Time Too snort.
no 'lh'e .S 700 Shott 'o' q W''Neu INA Ina" ~
tt "''', ~, ,,,',a ,,'ot ,n,n v'
a fnIIy formed purpose, The iury must
believe this from the evidence and the
burden of proof lies ON the commonwealth.
ihat PROOF may not necessarily ne pos'-
,t .tar, ~ 10y Ir , po ''s' ',sas VIVA ,,,n or
revolver ON tbe body of another he must
in the absence of qualifying circum-
stances be presumed TO be guilty OF MUIR
uer III the hrS' ueslte' ,,,
,i., ,,.,, ~ ,,,, 49,, l,,,,,n,, T., ,1r,su,,,,,
to he guilty of murder. The defendant
then must assume the burden of reducing
the murder to the lower grade of man
siauShter' Muruer Is iot presumed 10 Ir
~, ,1,.a,, - 10
or,,J, -, ,ir.t daor.t :,
,,doo o,,,,rs+,. ,or, +oo,, 49,, ,h, .brooa
80 tasti,nan,. ana IL dnina CO no oh-
,,',,.,,,, tn ~, t,,,,,,,,,,, t,a. ,,o ,I,oc,a
60, -, +,,-, ,,D,,,,,,,,,,,,.,,,rtt 49,, H.
- a., ,,sra,,s, ,,,,,.,, ~, lit ro,,a,ot
,,,;th ooah othan ..Na+rnoII,.,, :, t,a aam,t
wapt ON "it ie for vou pantIamar of
the iu,v to find If the defendant killed
Frank Confnrti. and If so was the hin.
Ing dnna unIawfuIv ." The evidence of
the witnesses of the commonwealth
was substortialIv nrasentad tn tbr
minds nf tbe ;ur,, and in sumn,ing II
all nm Jrdyo Iunster said that po two
of the commemorative witnesses told
tbe Same story obout tba soma c;rc,m
stonca The fIigbt of Roscbipo wos
spnknn or If does NOT nacassa,iIv inn
nlv puilt hecausa q nerson conscinus of
Innocence may NOT have the cou,ape IN
stand trial He may also ha threat
ened and foe ar ba NAV on ot tho solioi-
tation of his friends to avoid troubla
Judge Gunster branched off ot this
point to the testimony of the dafansa
and said that the main point in If was
that which tried to esta blisb an a1ihi
Boschino swore he was at home when
the shots were fired. in this he was
corroborated bv his wife and two wit
nesses who We're in his house at the
time. Returning to the matter of Ros-
chino's flight, Judge Gunster said.
y,JsTr,su,,
"Vhen q man leaves bis bor,o T., g,
case or this kind ordirari,y bo ,oas 10
an oricer nf tho law ~. so,,o Iau,-oI,id
ing citizen for rrotoction rhis do
fandant did NOT do ,b,t and u 10 49,,
usual for an innoca,t man ~ go o,,,a,.
and reuoin frnro Nov. II ,uI NJ. -,
without saving anvtbirg to oryhod,.
about the crime he fed to ascane from, {,
Judga cuneter opco n,o,,, s,,,,r,,1 80,
the noints in favor or tba darondo,t
and offset bie romarl,s With tbo otrona
"'i' S''''''i" i''''' WI 'iV bhtt VI 'iic