The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1907-10-17

showed that from the evidence
adduced the jury would be justl
fed IN rendering q verdict of
guilty. He took the evidence of.
fered by the defense, and by ap
plying the law thereto, argued
that the defendant was guilty as
charged.
He pointed out that the defend
ant testified that before he fired
the fatal shot, the deceased was
holding the defendants wife up
before him, to shield HIM and was
crouching down, apparently to
protect himself from the pistol
pointed at HIM by the defendant,
and still the latter claimed he
shot the deceased in self defense.
The only defense presented on
the part of the defendant for a
verdict of acquittal, was that of
self defense. If any juror per
mltted the Unwritten Law to
shape his verdict, 1t was certain
| ly no fault of his Honor, Judge
Swope; for, on this subject, after
explaining the different grades of
homicide, he charged as follows :
owe also instruct you, gentle
men, that If you find that the de-
fendant discovered the deceased
in the very act of adultery with
his wife, and then killed him in
the first transport of passion, the
crime would be but voluntary
man. slaughter. The killing un-
der such circum stances, the law
reduces to voluntary manslaugh-
ter, but the killing of another, ev-
en- under such circumstances is
voluntary manslaughter-the de.
fendant cannot be relieved of all
crime. You may feel from the
evidence before you, that DR..
Hoop, by virtue of his own sin,
which he persisted IN, brought
his sudden and untimely death
upon himself. You may feel that
man ought to be justified when
he discovers another IN the very
act of criminal intercourse with
his wife, to shoot to the death the
destroyer of his home; but, gen
tlemen, the law of this State Is
otherwise, and the law is wiser
than any of US. In it's wisdom,
as we remarked to the Grand
Jury, 1T will not permit US to be-
come our own avengers. You
will not allow the unwritten law,
about which you have heard
something in this case, and about
which you have lately read much,
to at all affect your verdict. The
Unwrltten Law has no legal place
In your deliberations, and you
should not permit it to at all af-
feet your finlings. This, the
learned counsel for the defend.
ent so properly stated before you
in the opening of his case, and
they have in no way attempted to
invoke It's application fer the de-
t fendant's relief.
"You will try this case under
the facts as you will find them,
and the law as the Court has Civ
: en- 1t to you; and not seek to ap.
, ply law as you might wish 1t
was, or think it should be-"
Judge Swope's charge having
been given, the jury retired
: about 4 o'clock Friday afternoon,
took ballot, and found that they
} stood 8 for acqulttal and 3 for
. conviction. During the evening
one OF the went over to the 8,
J and the other two did not change
| their minds until next morning.
} About Gas o'clock, Saturday
morning, the Court House bell
was rung, which was notice that
J the jury had agreed, and to the
court to assemble. In less thar
: a half an hour the court was il
J session, the jury had come in
and a verdict of mot guilty" was
4 rendered. After discharging the
r jury, court adjourned to meet al
. 9 o'clock, and everybody went
|. for breakfast. A large mbeI
|. of persons assem- mbled to hear the
a verdict, and only the late sleepers
!. that morning missed being there
-