Terre Haute Weekly Gazette, Terre Haute, Vigo County, 20 February 1879 — Page 3

GUILTY

Cenclusing of a Remarkable Trial. .»

A Really Great Speech' toy «Tudge Bay less W. Hanna.

From Friday's Daily.i

The great wrecker#' suit it ended. The jury has retired and the public anxiously a aits the verdict. In its grave importance, curious incident, its length, the vigor of its conduction on both sides and the great talent of counsel engaged, the trial has been, a memorable one. None more so are on the records of the Vigo criminal court.

From the GAZETTE reports the public has been kept constantly informed of all I the evidence. An impossibility arising from their length has been the only cause preventing the publication of the speeches. They have been splendid efforts. Mention has been made already of Mr. Davis' and Mr. Buffs' arguments. Both gentlemen are warmly praised. Notwithstanding his illness Mr. Buff made a most admirable defense. His manner was earnest, his points forcible, and his style good.

The event of to day was the great speech of Judge Bayless W. Hanna. It was utterly impossible for the court room to contain the crpwd which gathered to hear him. To the discussion of all the facts in the case he brings mature judgement, accurate knowledge, elegant diction,pleasing manner and an earnest, impressive style. The points in the evidence he carefully and impartially explained and, into the striking scencs introduced, he threw the pathos and brilliancy native to a splendid orator. Notes taken ot Judge Hannu's speech, 6ince they are not entirely complete will not do his effort justice and are, therefore, not published.

Those present in the court room during the trial have regretted that sickness has prevented Mr. Beecher trom making his expected speech in aid of his law partner. Mr. Beecher is a rising young lawyer of a great deal of promise.

One of the most noteworthy feature! of the case is Judge Long's charge to the jury. The Judge is always justly iomplimented for the impartiality of his rulings, and the clearness, brevity and learning displayed in his charges. The presen" document is no exception to the rule, a is presented below entire:

JUDGE LONG'S CHARGE.

GENTLEMEN OF THE JURY—For many davs past you have been occupied in the trial of one of the most important criminal cases that ever engaged the attention of this or perhaps any other court of criminal jurisdiction. A great crime has bee committed in this county, through an act which ifbulted in the death of a servant of a railroad corporat ion, engaged in the arduous and dangerous duties of his position.

Sometime about midnight on the 8th of June last, or possibly some minutes later, which would bring it to the morning ot the 9th, a west-DOund freight train on the Indianapolis and St. Louis railroad was wrecked at St. Mary's station, four miles west of this city, and James Murray, the forward brakeman, was crushed to death in an angle formed by the piling together of three of the cars that were thrown from the track.

Evidence has been offered tending to prove the manner of the death of James Murray, how his body was found, the difficulty of extricating it by the long and laborious process of cutting away portions of the car that confined it and all the circumstances of the wreck, as claimed by the prosecution, have been fully detailed to you by the witnesses produced during the trial.

The wreck was caused by some person or persons having, a little while before, turned the switch, located at this place, to the side-track. This made the main track for the west bound trains end at this point, and the freight train in question, as an absolute consequence, ran off of the rails and upon the ties, and was wrecked in the manner described by the witnesses.

Evidence his also been offered tending to 6how that during the month of December last the defendants in this case —Jamefe Knight and George Jackman— were taken before the grand jury of this county as witnesses, and that upon their testimony, Oliver Wilson,4 James Kehoe and William Christman, were indicted for the^murder of James Murray, and that Oliver Wilson was tried in this court during the month of December and acquitted, and the indictment as against Kehoe and Christman was afterwards nollied, and that the defendants in this case were witnesses for the state in the trial of Oliver Wilson.

On the 15th day of January, 1879, *he grand jury of this court returned an indictment charging the defendants now on trial before you with the crime in question, and this is the case you have been so carefully and patiently investigating. With these preliminary statements, which contain only such facts as have been generally admitted to be true by the counsel for the defense, I shall now proceed to define the law governing a prosecution'of this kind, after which it will be your duty to determine, under the law and the evidence, whether the de* fend ants are guilty of the crime. ii

There are two counts in the indictment, each one of which charges the defendants with raurdet in the second degree. The first count is drawn under section 7 of the felony act of June 12, 1852, defining murder itv, the second degree, which is as follows:-- S "If any person shall purposely ircd maliciously, but without premeditation, kill any human being, ever)' such person shall be deetfled guilty of murder ifc the second degree, and on conviction thereof, shall be imprisoned in the state prison during life.'

The second count is framed under a subsequent section of the law, and provides in substance, as applicable to this case, "that it any parson shall willfully and maliciously change any switch of any

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railroad, or remove the fastenings thereof, to throw the engine and cai running upon such railroad from the track, and if trom any accident on any such road, resulting from any such act. any person be so injured that death ensue as the immediate consequence thereof the person so offending shall be deemed guilty of murder in the second degree, and upon onviction shall bs imprisoned in the state prison during life."

believe from the evidence that the defen dants willfully and purposely changed the switch, as claimed by the prosecution, without any right or authority to do so, and with a knowledge of the danger thereby occasioned, then vou would be justified in finding that their act was done maliciously and if the death of Murray was caused by such act, and such act was done at the time and place charged, and with intent to murder, then you should find the defendants guilty of murder in the second degree.

Under the first count of the indictment the intent to take the life of some one must be established by the evidence. Such intent may be established by direct

Eeen

roof-as that a defendant may have heard to express such an intent—or by inference of law to be drawn from other facts proved—as the acts and conduct of a defendant in pursuing a given purpose, the consequence of which would indicate such intent. Every person is presumed to intend the natural and necessary consequences of his acts and if any person does an act which by natural and necessary consequence results in the death of another, the presumption of!awisth«*t he intended this consequence.

To authorize a conviction under the second count the state must also prove that the defendants at the time and place, and in the manner and torm set out in the indictment, willfully and malicously changed the switch in question,—to throw the engine and cars running on such railroad lrom such track and if suf ficient proof is adduced on that point, followed by sufficient proof that the train was by reason thereof thrown from the track, and that from such accident, resulting from such act, the deceased James Murray was so injured that death ensued as the immediate cons quence thereof, then you should find the defendants guilty of murder in the second deee.

Under the second count of the indictent, it will be observed it is not necessary to prove any intent to take life because the statute provides that if any of certain acts therein described are done by any person,—as changing a switch to throw the engine and cars, running upon any railroad, from the track, etc., and an accident occurs resulting from such act, and any person be so injured by such accident as that death ensue as the immediate consequence thereof,the person who does such act shall us deemed guilty of murder in the second degree. This, then, povides for the punishment of a ma liciolis act, without reference to any specific intent to take life, and holds the person doing the act as fully responsible, without requiring proof of such intent, as Le would in other cases be where the intent might have been fully proved.

This is a case of circumstantial evidence, for the reason that there has been no witness produced who has sworn that he saw these defendants change the switch at St. Mary's, which occasioned the wreck of the freight train and caused the death of James Murray. It is a rule of law that there can be no conviction upon circumstantial evidence alone, unless such evidence shall be of such character as to remove every reasonable doubt of the guilt of tne defendant, both in fact and in theory. To explain this more fully I will say that a case is made out upon circumstantial evidence where a sufficient number of separate facts are proved, from all of which combined the jury may justly infer that the person charged with the crime is the person who committed it but every faciei in

'!*.&.

JHE

In order to justify a conviction under the first count the jury must believe from the evidence that the act resulting in the death of James Murray was done by the defendants purposely and maliciously. It is considered by the law that an act is done maliciously when it is done in willful and utter disregard of the safetv or lives of others and therefore if you (penalty required by law but should you

.theft1 series necessary

to authorise such a conclusion must, in such case, have been clearly proved, and the sum of the evidence so produced must be of such a character as to preclude every reasonable hypothesis but that of the guilt of the accused. When this is thjB effect of such evidence then a jury is,/as fully justified in a verdict of guilt^as they would be had the crime beafi established by positive proof. ,/lt is claimed by the counsel for the itate that at a certain time these defendants admitted to each other that they wtre the persons who displaced the switch at St. Mary's, and this is strong ly urged as evidence of their guilt. It is not the province of the court to deter mine whether any fact whatever hat, been proved in this case. It is for the jury alone to determine from the evidence whether such proof has been made. It is the duty ot the court,.in, this connection, only to state, as a general principle, that admissions of guilt are to be received with great caution and carefully scrutinized. This is possibly be cause the law in its charity, is loth to convict a man out of his own.mouth, and also because experience has sh6wn that there is a singular trait of the human mind th#t has sometimes caused persons to accuse themselves of crimes with which it has been evident they have had no possible connection^, Admissions, are) however, always competent evidence and when ccoly and deliberately made, without the influence of threats or promises, of fears or hopes, they have been regarded by the courts as of an order of evidence equally convincing with that of any other class of proof. And statements previously made by a defendant while on the witness stand, in .testimony freely and willingly given by him, would be admissions of such a deliberate character as to give them the highest possible weight with a court or jury.'.

If self-criminative statements were made by these defendants as claimed, when in no manner questioned as to the crime, and when they Were not conscious of being heard by any one who would use them against them, these would seem to be admissions of more than ordinary force, but evidence of such statements should, also, be carefully scrutinized by the jury in order to determine be-j

TERRE HAUTE

,yond all question whether the admissions claimed were correctly repeated by the wHaesses testifying to them, arid the identify of the defendants with the persons testified to as having made them.

These seem to be the principal points of law necessary for yoar guidance in the examination and application of the great mass of evidence produced before you during the trial of these defendants. It only remains then for you, gentlemen, to give the evidence a full and careful consideratien, and if, after you have given it that thorough investigation and discussion, I feel sure you are now prepared to give it, you should believe the defendants guilty beyond all reasonable doubt, then you should say so in your verdict and assess the

think the evidence insufficient or reason ably doubt its sufficiency you should render a verdict of acquittal.

It need only be added that the defendants are presumed to be innocent until the contrary is proved. If there is a reasonable doubt whether their guilt is satisfactorily shown they must be acquitted. The jury are the judges of both the law and the evidence, but it is the duty of the court to instruct you upon all matters of law applicable to the case. Being judges of the evidence you are necessarily the judges of the credibility of the witnesses produced before you, and have the right to believe or disbelieve any of them, of any part of the testimony of any of them, as you may conscien* ciously consider them entitled to belief or otherwise. In determining what degree of credit you will give to the evidence of any witness, you have the right to take into consideration the conduct of such witness on the stand, his manner of testifying, and the reasonableness, or otherwise, of his story. You should also consider'all impeaching and sustaining evidence and may also takeinto consideration any interest any witness may have in the event of the suit.

Although there are two counts in this indictment you may, under the evidence as produced, properly find a general verdict without specifying under which count it is returned.

The questions of law that you should consider in this case are, as you see, necessarily few, and have been staled to you with all possible brevity by the court. So far as they go they are intended only to inform your minds upon such prominent points of the evidence as usually, from their nature, require a careful consideration, but the instructions now given you are in no way to be considered as indicating any opinion, whatever, on the part of the court as to what n-.ay be the actual facts upon the points referred to in them nor are they intended in any way to influence your judgments upon the existence or non-ex-istence of any matters claimed to be proved on either side of the case. The great question that is to be decided in this case upon the law and the evidence, remaint in your hand». Are the defendant guilty or not guilty?

This question is now at length left wholly to you and this question you are now required to decide.

LATEK.

At 3:15 the jury returned with a verdict of guilty ^affixing ^life imprisonment. The first ballot stood 10 to 2 a few moments after, 11 to 1.

A motion for a new trial will be argued to-morrow. From Wednesday's Daily.

Owing to the indisposition of Mr. Beecher, Mr. N. G. Buff, senior counsel for defense, commenced his argument after the GAZETTE'S report closed yesterday afternoon. Mr. Buff is also ia bad health, but whilh he speaks for the the most in subdued tones he is presenting an able and forcible appeal tor the liberty of the prisoners. Yesterday he spoke a short time and felt so unwell that court was adjourned until this morning when he resumed but was again compelled at eleven o'clock to ask an adjournment. He will finish this afternoon and be followed by Judge Bay less W. Hanna. The closing speech is looked forward to with lively anticipations of pleasure. Mr. Hanna it always interesting, and on this occasion it is expected he will mote than usually exert himself. The most vital interests of the great corporation for which he is attorney are involved in the suit.

Opinion is now divided as to the issue of the trial. Some seem to think the jury will disagree, while others are san guinp of a speedy conviction.

*%t

7 JOE. -.*-•** *».'

A YOUTHFUL PATRIOT*

He is about three years old and his name is Joe. He is the youngest of the household and its pride and hope. Not long ago the family physician, who is an especial friend of Joes, told him the story of little George Washington, and his hatchet. Joe aid not say much, but it was evident that the story penetrated to the inmost recesses of his soul. He pro cured a hatchet and prepared to immortal ize himself. A difficulty met him in the fact that there were no trees in the yard, but that was no obstacle for him no, not for Joe it wasn't. In one of the rooms of the house was a curiously figured wall-paper, certain portions of which looked to Joe's young eyes like trees. At them hie went with his hatchet hacking deep gashes in every one of his pictured trees. His laborious work accomplished Joe was unwilling to wait to be catechised on the subject. He hunted up the family and announced-with a proud flush of satisfaction mantling his ingenious brow, "I cut 'era all down ebery one of 'em." His fond mother has Joe in training for a father of his country and confidently counts on him as a white horse in some presidential race. .*1

FROZEN'TO DEATH.

San Francisco, February 14.—A Victoria dispatch says: A heavy snow storm has prevailed for the last twenty-four hours. Robert Ker, formerly auditor general of Province, .perished In the storm, being found this morning, near his residence, two miles from town.

GUILTY

Memphis, Feb. 1 —This'morning the jury in the case of Charles Woods, colored, on trial for the murder of Mrs. W. C. Foster, returned a verdict cf guilty of murder in the first degree.

WEEKLY GAZETflL1—^

WHAT SHALL WE DO WITH -v-i OUR BOYS

(Foei» read before the Horticultural Society by Mrs. J.O. Jones.

What shall we do with our boys, and oar girls, Is the matter we have in hand. And the qaestion come* back like an echoing voice,

From many a home through the land What shall we dof ay! What shall we do? With the yonng and the growing band.

a'6

11.f 4"

First give them a home where unity dwells, Where love presides at the hearth, Where the beautiful God is enshrined 1ft eaeh heart,

Bringing joy Jwlth the child, from its birth And be it a mansion, or palace, er cot, 'Tig the loveliest spot on earth.

IIL

Then, make homo as pleasant as ever yon can, And rule with a gentle hand, For every yoang soul is an autocrat,

That brooks not a btern command Make dnty plain, and forbearance the rule, They'll soon for the right make a stand.

IV.

Their young minds alert, fall of action and life, -1. Will see everything you may do. £&*•< 'Twere well to smootne out the rough spots you have,

And leaye them ta scan you clear through. They'll do it 'twere well both for you, and for them,

If always they rfnd you are true. t: i1

And. are they indebted so much for the life! That comes to them so all unsought I Or, are we not rather, indebted to then,

For happiness gold never bought? ,i#(? If life be Indeed a blessing or curse, The woof thereof we must have wrought.

VI.

They owe us not then, one tittle or jot, Except for the love that we give As free as the air that keeps the flowers^

And bids their young blossoms to live. Nevertheless, we should make ourselves loveable,

If their fresh warm love we should have. 4 VII. „v And wnerefore*should you^o fallablesurs,

Consult but your pleasure alone, If might makes the right, full soon they may learn

To fashion out laws of their own Affection may lead them, example may 'teach,

Ji4

..« •,

And 'twere well if pood seed be sown. VIII. Don't send them alone to seek out the dregs,

Of the bitterest spots on earth, Qo with them yourself, and show them the good, "r

Tho pure goldi Snd ttfii geittS of Wbrth Make their pleasures yours, nor think it is jVain

To join in their/rolle and mirth.*

I*.

Teach them it is good to be good, tor the sake of good, And praise them as much as you may,» And give them a voiae in what's going on,

Normakethem to fear you, I pray Don't exaat obedience, make them love you instead,

They will honor, respect and obey.

-u -.j. x.i

Give them something to do, keep their minds well employed, wj 5 But let them not surfeit with food. If history and solenoe fail, fiction may do,

But see that the fiction is good There's many ayonng mind ruined, I fear, By reading what they would.

XI.

Give them something to do, something to

lore»

Though It be but a dog or a bird. And ne'er let them think of no one Ibut self, With no other voioe to be heard Make them feel It were better to suffer a wrong,

Than lead you to doubt their word.

t,J 't Xlt

Give them something to do, some flow'rs to attend,

Or, a good patch of corn to hoe, Make them'work with a will, and will also, To always have something to do. Let them see the world is a beautiful world.

And they must work their way through..

XIII.

Tet make not their lives of toil,

Tewh then to love and reverence truth, Build aa altar in each young heart, Where tht Ores of love and faith and truth

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Nor yet, make them vapid with play," Let them feel there are duties outside the home,

But make their homes joyful, I pray And though some may wander, as, wander they will,

Their hearts willlturn homeward each day Bid them idok abroad, o'dr the wide, wide world!

AnA note well the love and the care That faihioned the flowers, that feeds the bird* That holds every star in its sphere Bid them note well and cherish the good they find They may find Ibme good most everywhere,

IF-:' XV, J'

Shall tram might at home or in msrtr Bid them, remembering the poor^that God send, Of their plenty to give.a part, -, r* Kff 1% .STL

Bat wfcatshall we do with omfboygand girispjHake men and make women fall sore I Instill good principles into their minds

And teach them to keep their hearts pare Show thfem where honor and happiness dwell/ Then, sead them on towards the tftight shore.

KILLED BY A CRAZY SON. Watertown, N. Y., Feb., 15.—Ira Stewart, living near here, was shot and killed, on Thursday, by his erazf son, George.

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tho** who have deitrojrad ISbrMXaalafoNMSMrfnlpra^ Uoaa, two to KTen weckt time. Tnla mneajr, which, kit

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smniA, oosoB——* nasi*, all meraai treated with oaMralelied mn«ess,of

on latest ssleatiSe pHastplse Ai-

jn^f ywyasJ am, sawv. ntinutr. ainuMMauBumtmrnh SBXOAL srsiurt and llratlKT, as the result ef aslf, abase or sexaal eaeesses la mtrnnr years, ar ether eaasa^1. iwvf whkk prodoo« some of the following altseta: Nervousoes* s—iuaf nalsslsas, dsbiHty. dimness ef sight, dslhstire ms» »t hitt

ary, ptapias en (met, aversion to society, loss er SSXCAS

aearstocHw,the

power. «e~ rendsriag •AHaiaeK Unersa, are parm* oared. Famblet (SS pages) AlaSag to the atove, seutw for tw« 3-«ent stampa. riasaHillsa fli mj cesfisiamb Boom* separate tor ladles aaS gentleaMa,'

MARRIAGE GUIDE. OR SEXUAL PATHOLOGY.

—s——sa—ia———. tmt

THE MODEL PRESS .'

'it the simplest, tLstest running, fastest and moat perfect press ewri invented, and guaranteed to be ,, Thereerhly RellaMe

lflUUXiirf Any smart btu can manage U+and., a dohmdreasof dollars worth cfwa^k a )/ear. Itsavei toeiness mm au their printing tint, mssse.es tos*' 1 'lit as $3. For business printing. $10 to $85. Rotary fbot power, $100 to $180. Over 6.000 turn iwute, l1i'l and a Prize Medal mmrtm el Its mrtaMMmmttion. Ttie LcsuSlnir Press oftlie world*

A handsomely imstrmted I34_p4aebom. entitle*'1^ BOW TO PBINT and eopgafthe ni¥rsFs GUIDE, withfua particulars, mautdfir JO emit. AddretM' J. W' DAUGBADAYACO.J imenUrs and Uan'fru t^72$amtmUa^PhaadetplUg,Pa. ,4maZJ

T^mdersanifothers eneaned In the formatlenof bands or orchoauaaafeould send rar new descriptive catalone, devoted exclusively to information concemJOK Band and Orcbeetral reonls'tes. and coaen*ray- ,M and most approved style of Us use. Mailed free. Address

KAls¥sitaieaBilillnmaegiiiii»»ifsoa .iM

AGENTS I

WANTS-lcWKEHfi®

Isegltlmate Book. Published vj

STANLEY'S

Harper it Brothers. 9 til H. W. DERBY & CO., GoXtapbos, O., .General Agents for Ohio and Indiana.

BEWARI Ot FKAUDtn.CNT AOOI8# •it ii

ASK

WILSON A MCCAUAY S

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ran)

J. R. CHAMXKBS.