Year: 1870

He Is Convicted of Murder In. the Second De.


gre,Ia greeE,aen ns Is Sentenced to an imprisonment of
Court of Oyer and 7erminer-Judges Allison and


This morning the trial OF George w. Stinsman for
the murder OF John Force, Jr, was resumed. The
only evidence in the cause was that given by the
Commonwealth, and consisted principally of the
diving declarations OF the deceased and the state
ment of an eyewitness to the occurrence, and the
facts as proved were the following:5o the after
his home at Second and Cottage streets to Rossters
tavern at the northwest corner Of Front and Tasker
streets, and meeting little child named Freddie
Marks, took him into the tavern, where he placed
him en- the counter to play the drum. The prisoner
and his grandfather were in the bar-room and it
appeared that the latter had been roughly treated
by some rowdy young men. The little fellow dropped
one OF his drum-sticks upon the door and the de-
ceased stopped to pick it up, and In doing hap
pened to touch old Mr. Stnsman; instantly the
prisoner plunged knife into the abdomen OF the


When the Commonwealth offered to prove the
dying declarations of the deceased, they had shown
recovery and had asked for a physician. Counsel
for defense made strong objection to the admissi-
bilty Of the evidence, arguing that this wish for
physician proved conclusivey that the deceased had
not made up his mud that his death was approach
ing, but that he still chung to life. and hoped that
the time of making the declaration have been under
the apprehension OF speedy death, yet he subse-
quenty believed ne could recover, and unless his
apprehension OF death was continuing one his
declaration was not evidence.


The Court sustained the objection thus made, and





iieved it probable that his dissolution was near yet
unless II first established that he made the de-
claration under the firm conviction that death was
imminent such declaration was not admissible.


The Commonwealth supplied this defect by
proving that Immediately before making his state
ment he had said he thought every moment would
be his last. The evidence was then admitted, and
the witnesses detailed the declaration containing
the facts above given.


The Commonwealth then closed their case, and
after consultation the prisoner through his counsel
of1ered to make no defense, but TO submit to a
verdict OF murder in the second degree which offer
was accepted by the District Attorney. and ap-
proved by the Court His Honor Judge Allison,
under this phase OF the case, charged the
Jury who after a short deiberation, rendered a
verdict OF guilty OF murder in the second degree
MIR. Sheppard then addressed the Court, saying
that no exception TO the OF the trial had been
made by the prisoners counsel, and as he saw no
good reason for delay he therefore moved for udg
ment upon the verdict.


Judge Allison addressed the prisoner briefly upon
the gravity OF his crime and the merciful turn his
case had taken, saying that If, upon the facts hen
before the Court and jury, verdict OF murder in
the first degree had been rendered, the Court weuld
| not have felt at liberty to interfere with 1t.
The law had not been strained against him, but
had spared his life. His crime however, deserved the
fullest extent OF punishment allowed upon the ver-
dict which the court felt in duty bound to impose
| The sentence was that he should undergo an i'm.
prisonment in separate and solitary confinement al
| hard labor in the Eastern Penitentary for the
| period OF twelve years.


The prisoner, who is a young man OF fine appear.
ance, was much affected, and yet seemed TO appre


ciate his escape from judgment OF DEATH