Tuesday, January 7, 1890

Lock Haven Express

Location: Lock Haven, Pennsylvania

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Lock Haven Express (Newspaper) - January 7, 1890, Lock Haven, Pennsylvania Winn: EIGHTH YEAR-NO. 262. LOCK HAVEN, PA., TUESDAY, JANUARY 7, 1890. PRICE-TWO CENTS. EVENING EXPRESS KINSLOK BROTHERS---PUBLISHERS Auditing the Account,. County Auditors MeGhoe. Moyer and Bittner with J. W. Fleming �s their olerk arc now at work aaditing accounts of the couoty officials for last year. Cutting Stan*. The atone outters are busy at work out-ting stone to be used in repairing the damaged pier of the Lock Haren bridge. K. T. Gallagher is superintending the job. Removal of the Coffee Houh. The Coffee House of the Women's Christian Temperance Union was removed yesterday to the rooms over T. C. Hilton's drag Btore. The removal was necessitated for want of room for the Industrial School which is under the care of the W. C. T. U. The Normal School. The winter term of the Normal Sobool opened last week, and the attendance of students is quite large. The prospects are that there will be many more students entered for the present term, as new students put in an appearance nearly every day. NEff TRIAL DENIED Jflute Mayer Benders His Opinion have given these reasons a moat careful conaideratiou. Anxious to correct any possible error fiat could be discovered, we have examined the charge with careful scrutiny, aud are satisfied that no iojustice was done to the defendant. We will con aider and dispose of these reasons in their order. cause, beyond a reasonable doubt, that there was a wilful, deliberate and premeditated design on the part of Charles Cleary, to take the life of Philip Paul, then the grade of the offence cannot rise higher than murder in the second degree. Defendant's sixth point was that if the jury find that the defendant was. at Abe CHARLES CLEARY TO HANG scale where there is a reasonable doubt as to the degree or grade of crime." The ICounsel has not aet out in this reason all the Court did say, in retard to the evi denoe of good character, but only a disconnected part. What we said to the jury Iwas this: "The defendant has offered in evidence his good oharacterand proven by a number of witnesses that prior to the The Brst reason complains that the Court time of the killing excited by any degree [ erred in their instruction to the jury, as to of drunkennesB, which produced a state the effeot to be given to good cbaraoter, 0f mind unfavorable to deliberation and J and the Court is quoted as stating to the premeditation, although not so excessive [jury in their charge, "It may turn the as to render him incapable of forming a Tbe Harmonica Hotel. Last night the Harmonica Hotel was formally reopened to the public, with D. M. May as proprietor. The house has been greatly improved in the interior and Is fitted up throughout in first class style. The ex-Sheriff is popular and will undoubtedly receive a large share of the public patronage. Weatport Bridge Completed. A letter to Commissioner Grugan from C. R. Noyes at Weatport was received yesterday, In which be stated that tbe new iron bridge over Kettle Creek would be completed last night. Tbe props were removed yesterday and when Mr. Noyes wrote his letter the structure was standing alone. Tbe county commissioners will go to Kettle Creek to-morrow to take a look at tbe structure. A Big: Pine Tree. Thomas M. Christie sends to the Express from Winterburn, the measurement of a white pine tree wbioh be scaled recently on the Blacchard estate. Seven logs were cut from the tree-fonr of sixteen, one fourteen, and two of twelve feet in length. The diameter of the small end of tbe butt log was 44 inches, and of the top log 25 inches. The total contents in the board measure was 6,370 feet. Likely to be Lighted. At the meeting of the Directors of tbe Lock Haven Bridge Company yesterday the question of lighting the bridge at nights was considered and a committee appointed to inquire into the cost and best manner of using lights. Tbe committee is composed of W. A. Hanna, H. G. Han naand L. A. Scott. It is to be hoped that tbe company may find a way for lighting up the structure at nights. commission of tbis crime, bis reputation as a peaceable citizen was good. Good oharacter is always of importance and is evidenceto be duly considered by the jury, and may turn the soale where there is reasonable doubt as to tbe degree or grade of crime/' Of this instruction thedefend-ant has no cause of oomplaint, it was as favorable to him as he could ask. In fact, as tbe commission of the crime by defend ant was not disputed, and tbe only ques-tion for the jury to determine was the grade or degree of the crime, and as the HI STANDS THE TBYINO ORDEAL WITHOUT FLINCHING - JUDGE HATER'S OPINION IN FCLL OTHER COURT NOTES. At 1:40 o'olock this afternoon the Court House was literally packed with persons anxious to learn the decision of the Court in the application for a new trial in the oase of Charles Cleary, who had been previously oonvioted for the murder of Policeman Paul, of Renovo. It having been announced by Judge Mayer this morning determination of tbat question depended that Cleary would be brought into court upon the mental condition of tbe defend at tbat boar, our people were naturally ant, whether intoxicated or not, we are of ontbe quevive to learn the opinion of tbe the opinion tbat the evidence of defend-Court in this interesting case, where tbe ant'* gooi character nad little relevancy, life of a yonng man was hanging in tbe Tla<als(i referred to by Counsel, as es-balance. tabllshidg the rule, that evidence of good Shortly before the hour of two, Charles oharacter is positive evidence and may of Cleary was brought into court by Sheriff Itself create a reasonable doubt, were Leahy, and bore the look of anxiety pic- cases in which there was no direct proof tured upon bis countenance, although of the commission of the crime by tbe de looking none the worse for bis long incar- fendsnt, but tbe proof of tbe crime decoration in the county jail. It was evi- pended upon circumstantial evidence. In dent that be could not entirely control bis such cases tbe Supreme Court have said nervousness, as the next few moments that evidence of good cbaraoter may create would reveal to bim bis obanoes of a new a reasonable doubt of defendants guilt, trial or bis ultimate doom. The prisoner and produce an acquittal. But in cases sat alone] beside his counsel and tbe | Sheriff, none of his friends or family being | seen about bim. As Judge Mayer commenced to read his | opinion, Cleary became muoh flushed the face, but frequently bit his lips and | endeavored to put on as stolid a countenance as possible, and to show as little 1 deliberate purpose, this condition of mind most be taken into consideration by them in determining whether the killing was done with deliberation and premeditation. In fact, tbe instructions to the jury on tbe question of intoxication as affecting the degree of tbe crime, were more specific than tbe defendant asked in his points. The fifth reason was not pressed at the argument. Tbe sixth reason complains tbat the Court eired in sustaining the objections of tbe Commonwealth to defendant's offer to prove by Dr. Reese and others the intoxi oated condition of Belford. ^Subsequent reflection has satisfied us tbat the objections to this evidence were well taken and must be sustained. Had thia.evidenoe been admitted, and the intoxication of Belford established, it would not have aided the jury in ascertaining the condition of Cleary whether intoxicated or not. It is common experience tbat from constitution-al peculiarities some persona are more susceptible to tbe influence of stimulant* than others, and that a slight indulgence by some would produce effect* which would not be noticeable in otners. We still adhere to our ruling upon this exception. The eighth reason alleges tbat N. C. Mc-Closkey one of the jurors had prejudged the case, and kad declared before the trial that tbe defendant ought to be hong. It Is fair to the juror to say that opou exam-ination upon his voir dire, he stated tbat he bad formed and expressed an opinion, based npon what he had heard, bat It would not prevent him from rendering's verdict according to tbe evidenos. Depositions were taken in support of tbls reason, but have failed to satisfy us, tbat this juror bad so prejudged tbe case as to require us to grant a new trial. What was said by the juror, if the testimony of the witnesses is reliable, were loose expression* Decision by tbs Court. Yesterday afternoon while tbe Court was acting upon the license applications, Judge Mayer stated that be was aware that bottlers were in tbe habit of keeping their places of business open nights, and tbat suoh business should cease at once or se vera penalty might follow. He said tbat bottlers licenses did not call for the privileges of hotel license, and consequently they should see tbat their establishments were olosed hereafter at the proper hour. No Court Next Week. The Court this morning issued an order to the effect that there will be no court next week. The following is a copy of tbe order: "And nosr January 7th,1890,it appearing to the Court tbat by reason of the illness of connsel, all of tbe oivil cases for the second week have been continued, but three, and as the February term of court will begin in six weeks, it is deemed inexpedient on account of tbe expenses to the county to hold the second week of this term. It is therefore ordered that tbe Sberitf notify by poBtal each juror summoned for next week not to attend; also insert a notice in county newspapers that jurors need Dot attend." By tbe Court. C. A. Mayer, P. J. where the commission of tbe crime is unquestioned, the rule has no application or relevancy. The Becond reason charges that the Court erred in putting tbe following ques tiou to the jury: "Was he able to deliberate and premeditate the crime?" Tbis question is also taken out of its connection ic_ emotlou as bis state of mind would allow, the oharge, and when stated in the connec- based on De��P�Per reP�rt' �nd general Following is the tion in which it oocurs it will be apparent talk about the case. In a recent homicide opinion of the court, that Do error was committed. "Whileintox- 0Me- WDere the wdiot was ""empted to The defendant, Charles Cleary, was con- ��� e"ion may not be thusqualifled.it is there is a reasonable doubt as to the degree or grade of crime." Whereas tbe good oharacter is a substantive fact, whioh may itself raise the reasonable doubt. Second. Tbe court erred in putting tbe following question to the jury and its context, viz : "Was he able to deliberate and premeditate the crime?" Thereby producing tbe impression on tbe minds of tte tbe purpose of enabling tbem to determine whether at the time of the commission of tbe crime the prisoner was so muoh intoxicated and his intellect so clouded, as to deprive him of the power to think and weigh the nature of the act committed. The intent to take life, with a full and oonscious kuowl-| edge of the purpose to do so, is tbe distinguishing criterion of murder in the first often a mere hasty conclusion, drawn and uttered at the moment, and by no meanB a deliberate mental act, committing the judgment and leaving a bias so undecided tbat fair and impartial consideration is thereafter unlikely We come then to tbe consideration of tbe seventh and remaining reason, that "Tbe evidence taken as a whole was not sufficient to sustain a verdict of murder in RENOVO RIPPLES. Renovo, Pa., Jan. 7th, 1890. A one-year-old child of Mr. and Mrs. Casper Wertz, died at Westport last night. Mrs. Joseph Richardson and Miss Eva Richardson left for Jacksonville, Florida, yesterday on Day Express. Mr. and Mrs. Robert Johnson, of Wayne, have returned home after spending a pleasant week with tbeir son John W. Johnson here. Rev. J. D. Cook was unable to occupy iiis pulpit on Sunday night, but is better -again and tbe week of prayer will be observed at tbe Presbyterian church. Mr. M. J. Dillon, publisher and proprietor of the Daily Evening Neva has moved bis press and machinery further up tbe avenue to a better location, making it more convenient for bis friends and patrons to call on bim. premeditate then he did so. Third. The court erred in their instruction to the jury, viz: "The mere intoxlca tion of the prisoner will not exclude or palliate his offence unless he was in such jurytbatif he was able to"deliberate.and I d<*ree; and consciousness of tbe pur- the first degree." The only plea of whioh pose of tbe boart is defined by tbe words tbe defendant could avail himself to reduce deliberately and premeditatedly. It there- tbe grade of crime from murder in tbe fere becomes important for the jury to first to murder in the second degree ascertain and determine from the ovidence that of intoxioation. The mental condi- what was tbe frame or state of mind of tion of tbe defendant at tbe time the kill- a state of intoxication as to be Inoapable tho Pr'� � �l the time the deadly shot i"K occurred was a question of fact for of conceiving any intent " was fired. Was he able to deliberate and tbe jury, to be determined by them from Fourth. The instruction of the Court Premeditate the homicide." After the all tbe evidonce. And tbe duty of deter- to the jury as to tbe effeot of intoxication Court bad thus instructed the jury as to ming tho degree or grade of orime is also of the prisoner was inadequate. the effect of intoxication upon the mind of imposed upon tbe jury by tho Aot of Fifth. Tbe instruction of the Court as defeDa"antt aDa t,lat it might deprive him Assembly. A careful review of tbe whole to what constitutes a reasonable doubt, of the Powcr 10 deliberate and premodi evidence has convinoed us, tbat we would tate, tbe question put to the jury "was he able to deliberate and premeditate the homioide?" was pertinent, and instead of misleading tho jury was calculated to call their attention to tbe necessity of ascertaining from tbe evidence whether by reason of intoxication tbe defendant was and tbe weight to be given it were in. adequate. Sixth. The evidence taken as a whole was not sufficient to sustain a verdiot of murder in the first degree. Seventh. The court erred in sustaining tbe objections of tbe commonwealth to de- fendant's offer to prove by Dr. Reese and oaPaDla of deliberation and premeditation, otbera the intoxicated condition of Belford, when at the office of Dr. Reese immediately after the killing. Eighth. The juror, N. C. McCloskey, on his wir dire, stated that he bad formed or expressed an opinion as to the defendant's guilt or innocence, but said it would not have any influence on bis mind in rendering a verdiot; yet defendant has learned which tbe Court instructed the jury they must find in order to convict the defendant of murder in tbe first degree. Tbe third and fourth reasons wore not pressed at the argument and could not well be, as our instructions to tbe jury were as full and complete, as we could well make them, both in the general obarge, and in our affirmative answers to since the trial tbat said MoCIoskey bad defendant's fourth, fifth and sixth points, frequently before tbe trial stated tbat the Defendant's fourth point was, tbat in prisoner ought to be hung, and so order to form a wilful, deliberate and pre- strongly did he express in the hearing of moditated design to kill, the jury must bis neighbors tho belief that defendant believe from the ovidence in the cause, was guilty, that be was not a fit person to boy�" se. It is now said tbat Dr. Kniffin has expressed a desire to go upon tbe stand a t tbe inquest, but his counsel has informed reporter that be bas not authorized him to do so. They TrMutuct Their Regular Monthly ISual-nefH Last Night. At the regular monthly meeting of City Couucil last night, the members present were Messrs. Fickensher, Haberstrob, Kreamer, McLeod, Candor, Seid, Smith, Robb and President Brown. Tbe resignation of T. C. Carson, Collector of delinquent taxes, was received and accepted. On motion John Candor waa elected to 011 tbe vacancy caused by Mr. Carson's resignation. A communication from Mayor Mason was received, in which ho enclosed a paper from R. P. Porter, Superintendent of tbe Census. Tho matter was referred to the Finance Committee and City Clerk. Tbo Finance Committee submitted a report of bills, salaries and other expenditures, for which orders were granted. The Board of Health reported having cleaned and disinfected a number of places, abated a number of nuisances and cleaned several cellars. Tbey also asked Counoil co permit them to elect a Treasurer, and made a resolution adopted by tbem to that effect a part of their report. The report was adopted. The Committee on Streets and Bridges . made reports to Counoil of several matters which bad been referred to tbem at the last meeting, and the reports were adopted. One of tbe matters so raferred was the acceptance of W. P. Mitchell's proposition' 1 to make a map of tbe city. .. .. , KBWORDINAKCES. The'.Committee on Streets and Bridges offered an ordinance whioh provides for the opening of Williams alley from. Vesper street west. The ordinance was � adopted. The same committee reported favorably an ordinance providing for opening East ; Church and Bald Eagle streets and Mary's alley. The ordinance was adopted. OTHER BUSINESS. The claim of T. C. Carson for $209.04 was referred to the Finance Committee. Mr. Fikensher called the attention of Council to the bad condition of Bald* Eagle street near Commerce and the matter was referred to the Committee, on "' Streets and Bridges. Reports were received from the City Treasurer, Chief of Police and Overseer of tbe Poor, all of which were adopted. Tbe Finance Committee reported favorably on a number of claims for exoneration, and tbe report was adopted. The same committee reported in favor of allowing tbe claim of George S. Good, and the report was adopted. NAPHTHA EXPLOSION. Several Men Probably Fatally and Others Seriously Burned. Lima, O., Jju. 6.-Tbis afternoon one of tbe naphtha works at tbe Standard solar refinery exploded with a force tbat was felt all over the city. William Culver, foreman, was found insensible uuder a pile of briok with a bad gash in bis bead and face burned. Peter Devine, brlak mason, had his right leg broken in two places, aud was badly bruised and burned. Their injuries are serious and may prove fatal. J. E. Dremen, face and bands badly burned. William Murphy, J. L. Galler, L. T. Helaer, Walter Evaus, Frank White and John Sullivan were bruised and burned, but are not thought to be seriously injured. Pocket Book Lost. It is stated on the streets to-day tbat Samuel Stamm, a.mercbant of Logantpn, lost a pocketbook containing $081, in this city last nigbt. Tbe pocketbook is also said to have contained in addition to the money, valuable papers. As Mr. Stamm left for bis borne early tbis morning, no particulars of bis loss could be obtained. Mrs. F. L. Hopkins is visiting friends in th> oity for a few days. Opening of the Walte Engagement. "M'Liss" has been done so often in this city tbat it bas become somewhat of a 'chestnut," nevertheless the Opera House was well filled last nigbt to welcome the return of the favorite Waite Comedy Company and the prospects are bright for another very successful week's business. Several new people have been added to the company since Been here week before last.. Notably among tho number being Annie Mitchell, a winsome little lady who pleased all with ber impersonation of "M'Liss." Her support was highly satisfactory. Tbe orchestra was obarmingly delightful, and the descripttve overture "La Grippe" both timely and suggestive. Tonight's bill will be a new sparkling comedy in fonr acts, entitled "That Boy of Dan's, or True Irish Hearts," introducing everybody's favorite, Cora Neilson and the full strength of the company. A silver pitcher worth $20 will be given away to tbe person holding the lucky number. A presentation matinee on to-morrow (Wednesday) afternoon will be an excellent opportunity for ladies aud children to soo tbis splendid company. "Karleen's Dream" will be the play and a silver cap will be given away. "On to-morrow night "Van, tbe Virgin, ian" will be repeated by request. Secure, seats at Clark's for any of these entertainments. A Family Liviug In a Tree. From the Portland Oregonlan. Near Healdsburg, Cal., is a large, high red wood tree, in which a family,consisting of a man, bis wife aud three children, have taken up tbeir residence. A few days ago a hunter was attracted to the spot by . the souud of voices, and approaching, he found tbe family. To close the opening in the tree a rude door had been constructed of deer skins. Inside the tree benches aud tables bad been constructed of redwood bark, fastened together by wooden plna. The head of the family stated that be oanie from Oregon last fall and not being ablo to pay rent for a house, bad moved bis family into this living home. He had thus far mado a living by odd jobs on farms nearby, being careful never to state where his home was. Tbe boy was dressed in a suit of coon skins. The mother boio tbe appearance of a once beautiful woman and bur speech snowed she bad been well educated. Tbey were all very reticent about tbeir former life and bow tbey had been reduced to such straits. Tbey expect to spend the winter in this sylvan home.

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