Year: 1879

way eastward, lndU Wn6H dTT6SlSuj
Mann carried the red bundle of the de-
ceased, and had on his person the watch
of the deceased, which, on search, was
found in the lining of his coat; and Ohr
the prisoner had and wore on his per-
son the hat pants and vest Of the de-
ceased; and had further on his person
the coat and the pocket-book of the de-
ceased, with some money, thread and
needles in it, also spinning-hook,
magnifying glass and piece of Chamois
skin, all belonging to the deceased; that
also a memorandum book, a knife, a pair
of scissors, pair of nippers, all belong
ing to the deceased, were found upon
their persons; the officers being unable
to testify distinctly on the person of
which of them each article was respect
lively found. That shortly after the ar
rest, in the forenoon, parties visiting and
searching the grove (Webb's grove), dis
covered in the grove, near to an old su-
gar-camp, board about 12 feet long and
12 to IA inches wide, one end resting on
a little knoll, the other on the level
ground; and about four feet from its up
per end, on one side, spot Of blood and
traces Of a streamlet of blood, where
blood had flown and triCkled down on
the ground below, where it had formed
Clot as thick as a thumb, an elevated
clot. That blood was found bespattered
over bricks on either side and on the
ground around that about two feet from
the blood and clot of blood was found
the heavy, iron, railroad coupling-pin,
which Mann was seen to have concealed
on his person early that morning, or one
just like it, with blood spots on it, and
some hair and blood at its upper and
ragged end. That close TO the upper end
Of the board mentioned, and running
crosswise, there was another board,
and on the same were discovered
an open paper bag still full of crackers,
and lump of about a pound Of cheese,
untouched, and still done up in paper
wrapping. That shortly afterwards, on
the same forenoon, close to tree, from
three to eight feet from the bloody board,
a shoe buckle was found, which on ex-
animation afterwards made, was discov-
cred to be an exact counterpart of a
buckle on one of the shoes Mann then
wore; and it was found that on his other
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on theshoe that the buckle had been re-
Gently worn on it, and that the leather of
the shoe where it had been fastened had
been freshly torn. That about the same
time, on further search in the grove,
there were also found in the brush pair
of pants belonging to the prisoner Ohr,
and worn by him when first seen that
morning. also vest belonging to Mann,
with an old brass watch case in one of
its pockets, the vest being the same
which he had worn when first seen that
morning; that on the next day, whilst
Ohr and Mann were still confined in the
lookup atAlliance, and when Ohr was re-
quested by the officer, in Mann's pres
ence, to take off the clothing belonging
to the deceased he wore on his person,
and to put on his own, he proceeded to
do so, and put on his own pants; but
when he came to the vest he said Mann
had his own on, and that the vest found
with the brass watch case in the pocket
was Mann's vest, and said that Mann had
put his, Ohr's on, because it was better
than his own, and left his lie where
found; and that Mann admitted this to
be so, and gave up to Ohr his vest, and
put on his own,


These are among the more prominent
circumstances which the State claims the
proof establishes; and it claims that they
form together chain of circumstances
unerringly pointing to the guilt of the
accused. 1t is for you to determine what
facts the proof establishes, and what con-
clusions, whether of guilt or innocence,
rejustly to be deduced from the same.


In connection with these observations
/ should further state, with view to as
sist you in your deliberations on the ev-
idence in the case, and in weighing and
giving effect to the same, that the State
claims that the proof shows a conspiracy
existed between Ohr and Mann, and
plot formed and agreed upon by and be-
tween them to kill or murder John
Whattmaugh, for the purpose of robbing
him of his money, clothes and personal
property. Now, if the jury find this to
be true, and that such a plot was agreed
upon between them, then it will consid-
er whatever act was done by one of
them, in the presence of the other, in
| turtherance or in carrying out of the pro-
| iect agreed upon, such act becomes also
the act of the other, the same as it would
be if he had done it himself, and he
would be in all respects held response
bic for the same, as for his own acts, in
such case.


| will now call your attention to an
other class of evidence offered by the
State for the purpose of showing the
prisoners guilt, being in the nature of
direct evidenced mean the declarations
of the deceased himself, when at the
point Of death. Such declarations are
called dying declarations; and they can
be received in evidence onlyif it appears
that the party making them was con-
scious that he was in a dying condition,
and must incontinently or speedily die,
In such case the consciousness of i'm
pending death is taken by the law to
supply the place of the oath in other ca
ses, and to be test of truth, or an obli-
cation on the conscience of the party to
tell the truth, at least as binding and eff
fectual as the solemn obligations of an
oath. They are, however, to be admit
ted with great caution, considering that
they are made in the absence of the de-
fendant, and that as to this evidence the
defendant is necessarily deprived of the
right of cross-examination, that great test
of truth; and they are not admitted as
evidence to the jury until after the Court
has carefully examined the same, and
judged them to be in fact dying declara-
tions, made in the consciousness of i'm
pending and certain death. The Court
in this case having made the usual ex-
animation, admitted these declarations
in evidence before you, and it is now
your duty to consider the same as evi-
dence. Such declarations, when made
in the full consciousness of impending,
speedy and certain death, are ordinarily
entitled to great respect and considera-
ton. You will carefully consider the