Terre Haute Weekly Gazette, Terre Haute, Vigo County, 20 September 1877 — Page 8

THURSDAY, SEPTEMBER 20,,1877.

ERRATA.

Inthe GAZETTE'S report of the award "or premiums at the Fair, which appear* "ssyiftematicalfy in full elsewhere,'there is an error.in Division C, Section 7. The ,* fn-emmrn for tHe two-horse spring wagon taken by Wildy & Path's, instead of *W. F. Walmslcy.

-I

.THE river is again up.

ftk

Now don't you wish you were a memISj^r of the A. O. U. W., after seeing that '^procession of yesterday.

BXACK Walnut saw lops araariring bv *t!he car load daily atT. B. Johns oaW -jnills, where business is now excellent.

THF fine large barge for the Crumbs of Comfort annual hunting club down the •river, is nearlv completed. It is a water A fjeauty.

ONE of the most noticable exhibitions fine art hall, vm the tastefu Mr*nged display of leathers, made by, r. X*. A* Burnett. 1

WILDY & POTH'S gobbled up" ft gdod •nany of the premiums at the recent County Fair. Their work is the kind calculated to win.-

A NEW "bridge o't SIZE" has been built across the alley connecting the second floor of the post-office with the second floor of the Prairie city bank building.

"TJIE sluggard turns on his bed like a *njoor on its hinges.'' If he only knew 'the luxury of a bath With Terry's Salicylic Soap, he would get up betimes to «wjoy it.

»«,

IF you wish to keep mice frorr. gnawing through your papered walls in your dwellings, just mix a quanily of common black pepper in your paste. It is sure to Veep tliem away. .- •i&ti"

5*•••

AT last -workmen are laying a new 3 walk in front of that stoic, next beyond the Walhalla saloon. It was badly weeded, and a neat substantial,,,JStpne -walk is going down,

IT was not generally known that the •anoney received from circus license goes 4o the Agricultural Society. Last season

but one show—Barnum's—visited Terre vvJHaute, and the license was $50.

KSTKRDAY was Yan Jippur, or Day

•JMof Atonement in the Jewish Church, and nvas generally observed by all our 'Hebrew citizens, who, with but three "exceptions, closed their places of busi business.

The Lamb Knitting Machine. -fiecd in another column, should interest Families. Wool Growers, and Manufacihirers generally. It will knit, it i* claim*od, a pair of lady's stockings complete, -TO any size, in twenty minutes, no hand"•finishing being required. ll

Onic of the more nwticcable articles on

-^exhibition in the fair was a very beautiful .-specimen of silk embroidery work, execuby Mrs. John M. St^ne, of this city, was peculiarly attractive and of very •^elegant design, receiving much attention tfrom the ladies, and was appropriately auaarded the first premium.

SOUTH Seventh street is blessed with (two female singers. They commence ifheir screeching about 7 in the evenin-j -vanddon't "let up" till' 9. During this -»time the neighbors are closing their ttl®ors, hiding in the cellars and almost *%e*rery way to get rid of so irightful a tmoise. Please give us a rest.

YESTERDAY Officer Vandever captur««idl Charles Green brother of Dick. f£haifies is charged with robbing Hurst & Oiwine'd safe at Hutsonville last Febu*ary of $780.00. v?SSe has been in Missouri since, and was «0stowc Jast night expecting to go to HutaonvTRe to make a conveyance of some t»and.

*PtiE ladies' committee which worked Fine Art Hall at the Fair, was BIUW (but sure. The task was finished at four ojclock on Saturday, the last day oi the *-2Fair. However, rt may be said that never

Iia6 such general satisfaction with the awards made been expressed. Usually ithere is a great hub bub raised about in,fustice*but the committee was so careful ~4Uid so conscientious, that no such comrolaiiU could pof sibly 'be made

"THE Ancient Order of Foresters" 'was instituted at Knaresborousrh. England in 1745, and is the most popular Order in the Mother Country, to which %ekng Judges, Members of Parliament and other high functionaries The In "dependent Order ot Forestry is an adaptation of the society to this country. Mr. J&UenJ. Abbott is organizing a court of •"•tiis organisation here in Terre Haute.

He is mrftirg with great success,

'"THE Ancient Order of Foresters" jff'-'was instituted at Knaresborough, EngK'tend, in 1745, and is the most popular

Obder in the Mother Country, to which --belong Judges, Members of Parliament suxtether high functionaries. The Independent Order of Forestry is an adapU- tation-of the society to this country. Mr. «,•* Allen J. Abbott is organizing a court of

Ihis-organiaation here in Terre Haute **He,j8.Tneatjng. gpgjf

8UCCess.

A "NOVEL FEAT.

IMr. H. D. Pierce has accomplished the novel feat of moving in dog days a full grown apple tree bearing fruit. "The tree •J stood in the center oF the space to be occupied by his new house. Messrs Baum fcard ft Sheeler, the house raisers and onovers, excavated to a depth of seven (feet around the tree, at a distance of eight ^"S-fbetfrom the trunk, and after tunneling below the roots, and placing their timbers, raised'the whole into the ait by means of vcrews. This mass of dirt, sixteen feet in diameter, boarded and chained tight, was then slowly propelled upon rollers fifty feet, to an excavation prepared for it I" A month has elapsed and the tree is do|»Hteg as well as ever, apparently not affectits change of base. Houses are ..moved and raised quite often, but this -Appears to be the first instance where a fruit-bearing tree was transplanted in ^aiid August—-Indianapolis Journal:

FLOWERS.

Conclusion of His Trial.

Barton Closes for the Prisoner and Kelley for? the State.

He is Sentenced to Imprisonment for Life*

The Jury Stood 4 for Hanging, 8 1 for Life Imprisonment

Hki*

But Were Agreed Prom i$\ the l^irst Upon His

W W -i », t*

Finally at a Quarter of Nine the Vereict was Read.

Long and Able Charge by Judge Long. 1,

N. G. Buff Speaks for the Prosecution in Flower's Trial. I r\ tith. A Terrible Arrainpmont of the

Criminal,

MZ Mr

n',^ (FromMonday's Daily. The Court room was crowded at about nine o'clock this morning with spec tators to hear the argument in the Flowers murder trial. The accused displayed but little feleing or interest and when the learned and eloquent speaker would face him and** in stony

and

emphatic terms brand him as murderer he would gaze in an unconcerned manner, and the slightest emotion or trembling was not discernable. The reporter asked him at the conclusion of the specch what he thought of it, and he replied," he came down awful

HARD OX ME, _.J-

didn't he?" We remarked: "Yes," which was undoubtedly the case. "this is probably the most important trial of the kind held in this court for years, and as can be seen by the published reports, the testimony is main ly circumstantial. The result is looked for with interest. 4.

SATURDAY

AFTERNOON.

After the GAZETTE'S full report closed on Saturday, a few witnesses were examined. i* w. R. MERCER was re-called.' He saw no evidence that the buggy of the Dr. had collided with any other.,

FRED FISHER

stated that he had seen no evidence of a collision, though at the time he did not think to look particularly.

WILL ARNOLD.

of the post-office was examined He stated that George his brother had left Terre Haute on the 13th of August lie had been drinking hard After traveling about for sometime, he located at Des Moines where he is clerking in a hotel. When drunk he is perfectly delirious, and has fiequently taken on himself, all sorts of crimes. He took all the Long Point trouble to himself and caused much uneasiness after the Mattox murder, by the way in which he talked.

MR. ELLIS.

Knew George Arnold very well. He had been with him when he was intoxicated, and had frequently heard him wake up and ask if he had killed so and so, sometimes naming a person who was alive and well.

DR. STEVENSON

testified: He had gone to the place where the murder was committed early on the following day, but failed to see anything which looked like a collision.

MESSRS. CHADWICK AND RYAN both testified that Arnold did not hire a buggy of them on the night Dr. Armstrong was killed.

Gus SHONAKER, who resides on the corner of the Lafayette road and the Poor Farm ro&d. was bitting on Jiis porch. Saw Armstrong's buggy pass, but did not see any other buggy go by, except one in which was a man from Paris, whom he knew.

Both sides here rested their case. Argument began this morning. THE ARGUMENT wa$ opened by

N. C. BUFF,

on \tie "part of the prosecution. He 6aid: s'There is .*no man .who can discuss the issues of life and death without a sinking of the heart. This is not my first experience but I confess. I am more weighed down this morning than ever before, The life or liberty of a young man jlist merged into manhood and the well-fare of the community are at issue. .It is made my duty to discuss not only question pf law but al so of fact. First,' I will read to you the law. (The speaker read the law in regard to murder.) 1 here is noquestion involved in the case but that of

NURDER IN THE FIRST DEGREE. and if this is rot murder in the first degree, this man is innocent. There can be no misunderstanding in re&ard to the law it is all a question ot fact. Evidence is of two kinds. Generally speaking first, direct positive evidence, iecond circumstantial or secondaiy, where witness say "I know nothing of the main facte, but I have heard so and so." Nearly all of horrible crimes are committed at night, and it is circumstances that have nearly always to be considered. It is haitl to prove these circumstances always beyond a reasonable doubt. We always wish we could know more. Th6

whom you prove, Out the iftcun^iin ^{»res

The first that our good fr.end and neighbor Dr. Armstiong was foully murdered on the public highway last August by some bad man, some man who carried a weapon of death. I think I have described this man when I say a bad, desperate, idle man did this deed. Second that this prisoner was seen near the scene of that murder in the afternoon, and evening of this murder. He was seen by different persons—he admits lie was there—with a revolver in his pocket. At half-past seven he was seen p"»^f away from there, going towards King's. Why was he on that bridge wi'h a revolver—just such a revolver as killed Dr. Armstrong? Another fact: Another man says he had an appointment to meet this man Flowers. Ihev met together Now give this man the benefit ot his own explanation, and what have you Me says he was working at King's «nd thru it was his home. He intended to 6tav there all night but changed his mine, and although being sick, tramped 6eve.al miles to 6leep in the woods Now why did he do thiHe says it was ten o'clock when he got to these woods. Right here in sight ot hi aunt's house, and though hungry, weak and wearv, he sleeps in the woods with the beasts" of the field. Now are these the action of an honest man? He is no fool: that man has a well balanced brain. Then the truth is, he left that bridge and met Piney. Who will you believe, Pinev who is supported by reason and facts, or will you believe the man? He was seen in King's orchard, within 150 vards of where the doctor was killed. There is nothing-in.the whole case that so strongly impresses me that_ that man was guilty than the evidence of Mrs. in fact, 1 say that this man was in that orchard. Witnesses have examined the ground and there found his tracks. He says that he did make those tracks, but not at the time Mrs, King saw him there. 1 say he was there.

AVIIAT FOR?

These men, Piney and Flowers creeped 4ip t3 King's to get apples. They were hungrv. He admits tha*. he cannot uo count for him-selfon that evening, unl\ ten o'clock, because he was tramping over the bluffs. Why does he do this? 1 th's the action of an honest man?—it all speaks the voice ot condemnation. Thi? man had done something—he was fleeing trom something, that prevented him from looking into the face of man. There he lay, he says, in sight of the house of his relatives, hungry, weak, and burning with fever. I tell you every step lie tooV an:J every sentiment he has uttered in explanation, i^the_ voiceo: guili and untruthfulness, Me tells you he was poor—that he had but twenty-five cents—that he came down town invested ten cents, nearly halt of all he had, to, charge his revolver with the instruments cf death. (He here produced the same sized oall, even to the grain, that Flowers revolver shot.) How fortunate it would have been if he could have produced his revolver that shoots a No 28 or 30, but no it shoots the same size precise'yj that killed Dr. Armstrong. The next circumstance is that on the next day this man Flowers explained that the reason he did not get there in time to go to the show with them was that he had been detained by business. He goes toa lonely lane where he was seen in the afternoon. Why did he go there in that lonely road? He had an appointment there with Piney in that funeral lane. And this tnan Flowers did meet this man Pinej there in that graveyard, he admits tbat. Take his own exp!ani'.ij:i He said, upon oath, that that was the first time he had seen the man since they had been in the prison. Now is not that

A REMARKABLE COINCIDENCE? How is it that both of these men should meet there in that lonely lane there in the country without an appointment Another fact: These men, alter they had rested at the graveyard, started in this direction and met Truman S. King, and a conversation ensued. These men asked if he knew where they could get work. They told Mr. King they were both from Rosedale—they both 6aid so. Flowers then said, -Is Dr. Armstrong dead," and "hsw many shots are there in his body Why did he ask that question? And then he asks'do they suspect anybody?' 'No,'says King, "'I don't think they do,' and continued that he thought it would be like the Mattox affair. This man seemed to take courage and Pinev swears he heard this and that Flower gave him

A SLY WINK

at the ignorance of Mr. King. Here the men separate, so they say, and as a blind took difierent directions. Where were they seen afterward? Wade saw them near the hub and spoke factory. How did they get together after making this apparent sepaiation without an appointment to go together to a disreputable place in this city This proves a colu6ion, a conspiracy, a harmony of action between these two men.

What is the conduct of this man the next Saturday? He is seen coming out of a cornfield with a tramp's equipment. He is met by Wade and wanted to know about the murder, and Wade reads to him a newspaper account. Flowers seemed to be very much interested, when he came to the name of Clark he asks with afoul and profame oath "who is this man Clark." Why? Because he himself had been known by tbat name. They agreed to meet that evening to talk about the murder. Now why doek he do this it he had no more than ordinary interest. He met Mrs. Owens at the gate an the first words he uttered we/e in- relation to the murder. Saying tli&t he knew nothing about it and that he in Illinois. In the conversation in tlil house with Wade, he said he conld account for himself after ten o'clock. I tell you this extraordinary meeting

MEANS SOMETHING

It tells loudly against this man. This man defending himself there before he had been accused. Whv tlas meeting!

This man Wade knew enough to suspect this murder. He .watched him. About midnight considerable noise was made in the other pat of the house.

Did^ this man lie innocently and calmly upon his pillow? No. He draws upon him in a rapid way, ail his clocpes. He listens for a

the cir- wki'e and the noise ceasing he again re-

dunistw. eef themselves can not He. I Q_ \Vhr did hfc dp thr There is nothing so convincing to a The onl answer: jury and court as the combination oi tiH thinks ever bulti an olnc^r. positive circumstances and the testimony

ol the witness. Here it a fact, there i*

another, and so scores scattered about, but when brought together and explained it males a powerful trunk that can not be crushed. What are the facts that point to the fault ot this man?

The ~^hief

lie »-poke oDhe alleged Conduct of Fioweis4n coming to toWrt tie did not do -o until tie learned from Wade he was not sunpected Mr. B&ff th*n examim the •-vklence of Sallie Stevens. H» p».ke of thr fart that llney instantly rccngniz-d the place when taken there by the officers He offered no apology f»r Pictey. He was a had man. but his testimony was corroborated, and Flmwrs' was not Piney was conscience-stricken and forced to confess the crim«». Th* speaker had some sympathy with Flowers in swtraritr,' in his own behalf, though H'Wly. He examined the contradictions in 'be t-.-sMmonv of Flowers and tha* at Mrs Kin* and Mr Tones, lie closod bv lehiiking the manner of fieorge Arnold a scapcgoat for tins ciimc. (From Tuesday'* Dtl'y

KSTh'R I)\Y AFlEKNOt'N.

The sperch of Mr 'l. ff, for the prosecution. presented in \es t-rs'ay's GA ZETTE, was followed bv A. B. Carlton in remarks of two hours' duration. The principal weight ol his ariument was on GKO Antold, .is lie'DEVOTED TIU greater part ot his'itne in consid* ring the evi-dt-nc ngain»t him. In one p!nce he said:

Mr. Buff "exhonerates" me from anv blame. I beg his pardon I don't ask his xhonerution. I ask no man's txhonerulion for anv part I have tiken in this ca»\ I would humble mvself in sack cloth and ashes, and would a^k exhoneration from his Honor who grace« this bench, and from the honorable members of this oar, and from every man of character and good *ense in the city of Terre Haute, had I failed to bring forward such evidence as fell in my if ay in behalf of this unfortunate man We must conclude that thor# is some hing sacrcd and extraordinary about what the learned gentleman calls the Arnold family jjujity Gentlemen, I bei leave

His iliain remarks were in detailing tiic inci.lents relating to the murder, and inging forward and discussing th) evidence 01 each vvitness and comparing litem, showing wherein lies the truth or fafeiiy of the same. I.'e closed by saying "Gentlemen of the jury you have listened to this case carcfully, you have listened to xne as the last one to speak for the slate Mr Mack shoulu have closed this case but knowing that he would not be here, the burden has fallen upon me and I ent:r i:itc it cheertully. 1 have not, gentlesr.en of the jury, come here for the purpose of saying hard things against any one, or for the purpose of embittering you against any one. This is not a case where beautiful words, or verses ot poet ry are needed, but the stern facts and reality cf the case. A man is on liiul lor murder goovl citizen has been shut down and ycu on your oaths are called upon to decide as to tne guilt or innocence of thh man If he lias murdered Dr. Armstrong, he did it with premeditation, and it is murder in the fir*t degree, and your verdict ot guilty, would be to hang this man or imprison him for life, Kemember tbat the citizen was thotdoiyn upon a public highway remember that murder has been committed ip your midst remember that the state oi Indian^ hascomc before you to prosecute and bring the defendant to justice, and it is your duty if this man has violated the law—:t i:, your sworn duty to convict him no matter how hard it may be, no inattei .•how jour hearts may turn a^aLst it.

It is your duty and we only ask that justice be done. It is your duty at much as it is mine, to prosecute as much as it js the duty of* the c^urt to pronounce Ihe sentence. It is as painful to one as to the other. We ara all bound together by our oaths to discharge our duty fearlessly, boldly, and cautiously without any sympathy toward either part, and in accordance with the law. And if you do that gentlemec ot the jury, no matter how long you may live you will have no remorse of conscience*. Do your^datv then iu the fear of God and man.

This closed the argument, and the Judge read the following charge to the jury.

CHARGE TO THE JURY.

tlemen of the Jury: The defendant now on trial before you is charged with the murder of Dr. James B. Armstrong, in the suburbs of this city on the 7th day of August. 1877. The indictment in which he is charged with offense, is founded upon a section of our criminal law which reads as follows: "If any person of sound mind shall

say that if the

Arnold family or any oihei family in Terre llaute, who. .'Ja'.ive might be implicated, had the blue blood ot' all the Plantagenets and Tudors from the days of William the Conqueror down to the

:i.-sent

moment running through their

veiiii, I would not swerve one jot or title tc the right or to the left, from the plain path of du'y on account of any confederation of that kind.

THIS MOTL-N INOT

The criminal court roo was crowded this morning to hear ilie r'^anient in the Flower murder tiiut. Mr. Chas. Burton spoke Iriefly 0:1 the pa:t ot 'nj defense. His speech wa-^re :«*tlcd as nn able effort, and was ii tciu.J «u «vnh great attention. his'geriile'rt »n w.v tollowed by Prosecutor Kelly. i!v: sa that he had a heart full of sunp ahv—n.H Icr the prisoner at the bar bu: fur ihe murdered man. In regard to 'ho evidence it is true th it ?drs. King saw Flowers in the dusk oT t.he evening in*he orchard. Why ofalldavs did Flowers buy cartridges on that Tuesday? Why was he on that bri i'h a revolver in his pocket? Mr. Kelley v.-viewed the c\idence and argued ii i'*v totally an I absolutely impossible *it was f.r Flowe to prove hi-, whereabouts 01 Tuasd 1 evening. He took Flower's testimony and sai- lu could show even by "hat that he 's the murderer of Dr. Armstrong. He said th it he intended to p:.3ecute Piney as zealousl) as he has Flower?, and that he be.icved him to be one of the murderers of Dr. Anrstrong.

to death, In the discretion oi the jury, imprisoned in the state prison du life."

luring

The offense, ascharged tn this indict ment, is the highest grade of homocide. We have statutes, however, defin ing

and providing for the

pumshmeiit ot, two additional and lower grades ot homicide —murder in the second degree, which consists in the killing of any human being purposely and maliciously, but without premeditation and manslaughter, which consists in such killing unlawfully, without malice express or implied, either voluntarily upon a sudden heat, or involuntarily, but inthe commission of some unlawful act.

Under an indictment like this a jury might, upon proper evidence, find V, a defendant guilty of either of these lower grades cf homicide, because they are included in the general charge of murder, and assess the punishment prescribed in such cases but, in the cause now under consideration, I have no hesitation in saying to the jury that the evidence would not justify a verdict of guilty of either ot such lower grades ot homocide. If the 'evidence in this case is sufficient to establish the guilt of the defendant at all, it proves a case ot murder in the first degree.

The state has adduced evidence of a cir cumstantial character for the purpose proving that the defendant may have committed the murder, and also for the put pose of corroborating their direct testimony but such circumstances, in themselves, would be insufficient to warrant a verdict ot guilty. No conviction could be had upon the evidence in this case without the testimony of the witness McKenna, or ''Piney," and if a conviction is based upon his evidence the offense could not be murder in the second degree, which is a killing maliciously, but without premeditation nor could it be manslaughter, which is a killing in a sudden heat of passion, and without either malice or premeditation.

The only question, then, for you to determine in this case, upon the evidence presented, in this: Did the defendant, with premeditated malice, kill and murder Dr. James B. Armstrong, at the time and place, and in the manner and form, set out in the indictment?

It is the guilty intention with which an act is done that gives it its criminality, and the intent and the act must both concur to constitute the crime. Therefore the intent must be proved as well as the other material tacts in the indictment. Tne proof of intent, however, mav be eithei by evidence direct, or indirect lending to establish the fact, or by inference of law from other facts proved. The use ©fa deadly weapon raises a presumption of malice on the part of the person using it, and also of the intention of the person using it to take the life of the person against whom it is used.

In murder in the first degree, there must not only be ir.alice and purpose, but the purpose must be premeditated, or thought of and determined upon, before the fatal injury is inflicted. Such deliberation, however, need not. be of long dura .ion. If the intent to murder is conceived and turned over in the mind, though but for a moment, and in that time the purpose to kill is formed, it would be sufficient to constitute this element of the offense.

The burden of proof in this casi is on the State, and the defendant is not bound to prove his innocence, Still, the de fendar.t has a right to prove affirmatively that some other person committed the murder, without the complicity of the defendant. If the defendant undertakes this, he is not bound to prove the same conclusively or beyond reasonable doubt but he is entitled to an acquittal if such evidence, taken in connection with all the other evidence in the case, leaves the minds of the jur

in such

a condition as to raise a reasonable doubt of the defendant's guilt. If it appears tbat a witness, in giving his evidence before the grand jury, in regard to this charge against the defendant, committed willful and corrupt perjury, an:l afterwards, upon this trial, swore directly the reverse of what he a1: first swore to before such grand jury, upon a material point, the jury would, under such circumstances, be authorized, should they fee proper so to do, totally to disbelieve and discredit such witness in the whole of his evidence against the defendant. But should they believe his evidence in this trial to be corroborated, by other facts and circam«tanccs satistactorily proved, to such an extent as to entitle it to belief, then the jury would be justified in giving it full credit, should they see fit to do so.

If it appears that a witness by his own statement was an accomplice with the alleged criminal and if it also appears that the witness may have been influenced in giving his evidence by the hope of a large pecuniary reward, these are circumstances which, it true, would greatly affect his credibility, and in such a case the jury should receive the evidence of such a witness with great care and circumspection.

It is within the province of a jury to convict a defendant upon the testimony of an accomplice alone, should they believe his evidence but such evidence, if uncorroborated, thould be received with strict caution, and considered with great carc. The State contends that the testimony of McKenna is corroborated by other evidence and facts proved and it is therefore proper for the jury to consider ^is testimony in connection with all the facts and circumstances that may have been proved to sustain him, though you could give full credit to his evidence alone, should you believe it to be true. You are also to consider his testimony in connection with any facts or circumstances that may have been proved for the purpose off contradicting or weakening his evidence

It is a rule of law that there can be no conviction upon circumstantial evidence alone, unless such evidence shall exclude very reasonable hypothesis except tbat the defendant's guilt But this rule in no way affect the admissability of mstantial evidence as part of tbe in any case, where such evidence is bffered for the purpose of strengthening the other evidence adduced, or for the purpose of corroborating any witness who may ha/e testified directly to any fact or

Durposely and with premeditated malice,!facts in the case. A combination of positive and circumstantial evidence, when trustworthy and satisfactory to the jury, may make a stronger case than either .ot such classes of proof could establish alone.

or in the perpetration or attempt to per petrate any rape, arson, robbery or burglary, or by administering poison, or causing the 'same to be done, kill any human being, such person shall bis deemed guilty of murder in the first degree, and upon conviction thereof shall suffer death."

A subsequent section of the same law further provides, that "any person convicted of'reason, or murder in the, first degree, may, instead ot being sentence

In determining what shall be your verdict in this case, you will take into careful consideration all the evidence, ot every kind, presented during the trial and if, upon its full examination, you shcwM believe the defendant guilty, you should so finH. flfld him find, and assess against him either the punishment of death, or that of imprison-

ment during life, as you may cons' tbe one or the other the proper penal of his crime. But if, after careful del eration, vim should consider the evtden insufficient to wAram%a* conviction, should return a verdict of not guilty.

In criminal cases the jury are the jud ges of both the law ud the evident though it is the duty of the court *o in struct you upon all questions of law may arise in the trial of a cause, the judges of the evidence you are sirily the judges ot the credibility of witnesses testifying before .you, and ma believe (^disbelieve the evidence of an of them, as you shall coascientiously termir.e that they are entitled to behei otherwise. In determining the degree credit you will give to thei testimonyof an witness, you may take into cotisid tion whatever interest, if anv, the witnea may have in the result ot the trial the manner in which tbe witness testified, and his conduct whilst und examination. j^,,

Every person is presumed to be nocent until the contrary is proved The defendant is entitled to the be fit of every reasonable doubt upon material fact netesvarv to make out guilt anI if there is a' reasonable dou whether his guilt is satisfactorily sho he must be acquitted.

A reasonable ioubt exists where evidence is not sufficient to satisfy ti judgment of the truth ot a propositi with such certainty that a prudent ms would feel safe in acting upon it in mi ters of the highest concern to his dearest personal interests and that, where there would be nothing com ling him 10 take action one way or other.

You are, however, not to go outside the evidence to hunt for doubts that ha no existence in reason, but you are to consider such, if any there as naturally and necessarily arise your minds during your consideration the evidence in your deliberations your verdict.

Should you find the defendant gui and deem the punishment of denth as proper penalty tpbe inflicted, your diet should be,—

We, tne jury, find the defendant guu of murJer in the first degree, and that shall suffer death.

Should you find him guilty and thin proper to cxercise the discreti pfiven you by law of fi ing the penalty of imprisonment life, your verdict should be,—

We, the jury, find the dtfendant guil of murder in the first degree, and ass his punishment at imprisonment duri life.

Should you find the defendant guilty, your verdict should be,— We, the jury, find the 'defendant guilty llfrom tVedmrday's Dully.)

A, a quarter of nine o'clock this mor ing the jury announced t'i:tugh its b. iff to to the court tbat it had Reached verdict. The Judge was at once su moned and the Sheriff ordered to bri the prisoner into court. Before the oner cam in, the Criminal Court roc filled full and all the approaches •dcd. 'la .i'f'-

vriivi wat wjftirflU it croVc

I THE VERDICT was as follows: We t,he jurv find the defendant gu of murder in the first'degree and ass his punishment at imprisonment dur life. The jury was polled and answered that the verdict was his own

The prisoner looked rather worn as he had had a hard night of it. But the verdict was read a sickly tort of played upon his features as if the ver wa* something belter than expected, was led back to jail. In answer to a ZETTE reporter he tftated he had hopes ot being able to sccure a new* al.

I-Ie rnrther said he would hot across the jail to make choiee betw imprisonment for life and hanging.

It appears from interviews with 1 jurors that they were all agreed upon guilty. Four wanted to hang him a the other eight were for imprfsonm for life. It stood this way all night, a only at the yety last, the faithful ft yielded

At o'clock this afternoon, Flow was brought intd' Court for sentence. Judge Carlton stated that the prisot was in Court, and they were ready to a aider the question of a new trial wished to make the ihotion, but not 4 .1 't ft I-.:. .. argue it.

The judge promptly overruled it, made a

record of the exception of the

fence and that there would be sixty days granted under the law for its ^deration. He then asked Flowers to si up This he did, stepping to the and crossing his hands in front of The Judge then.said: The jury that been trying your case for fivje or six this morning returned a verdict of gui and asselsed your punishment at imp onment for life. Have you anything say why sentence should not be pas upon you?"

Hesitating for a few mdme Flowers said: "Yes sir, I have I th I did not get justice. That fellow lies oil me. I am not guilty." '•Then," said the Judge, "the sente of the Court is, that you be imprisq in the states prison for life."

Before taking his seat the said: "I think my counsel did tbe they could for me. All that could done for me was done.' Then tbe handcuffs which had been ken from him when be came into court room were replaced, and jam* down his |i»t he staated on hia joui for the jail, never to leave imprisonm except togo to his grave, unless he capes, or is pardoned out by some Governor,—two things not more un tain than many other things in world.

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