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Lock Haven Express Newspaper Archive: March 3, 1890 - Page 1

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Publication: Lock Haven Express

Location: Lock Haven, Pennsylvania

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   Lock Haven Express (Newspaper) - March 3, 1890, Lock Haven, Pennsylvania                                NINTH YEAH-NO- JLOCK HAVEN, PA., MONDAY, MARCH 3, 1890 PEICE-TWO CENTS, EVENING EXPRESS I'UBLISHKKS KIXSLOK HKOTUKKS - CURRENT COMMENT. Inocstimal education has ^cen successful wherever tiied and ;;ai:.s in popularity every day. Mus. CflAULiis D. iiAiNKS U t!ic first woraau ij the Uuited States tu become the president of a railroad. She. has just. been elected President of tho M"dina Valley Railroad in Tex :s. The Louisiana Lottery Company is still offering to Vibe the State of North Dakota for a charter. There in very littla niuuey iu tho Treasury of the uew State, and the company is taking advantage of this impecunious condition of the Commonwealth. Ex-Piiejdekt Cleveland is in hick again. He has just made a profit of $100,000 out of hia real estate purchase iu Washington, and after all can look baok upon his experiences iu that city with considerable satisfaction. There is a vast difference be-tweeu Sunday newspapers. Some are in no way calculated to harm chose who read them, while others are mere sewers for the transmission of moral filth. The latter should bo permitted to enter no self-respecting honsohold.     _ The direct tax bill has once more turned up in Congress, and this time it is said on good authority, the measure will pass. This will be good uews, as Pennsylvania's share will amount to 1,0.14,711.43 not an insignificant sum to be poured into our State Treasury at one time. As a missionary to Wa'l street". Rev. Phillips Brooks is doing a good work. Every day during this Lenten season a crowd of brokers and other business men is assembled in Trinity Church, where there is a brie! and informal service of prayer, reading of the Scriptures and singing of a hymn by the whole body of men, and an addresB by the eloquent "and devoted preacher. This ia not the age of dueling. One Now York young man seDt another New York young man a challenge to mortal combat for some fancied injiny. The party of the secoud part instead of accepting the cballeneo Lunted out the party of the first part and gave him a thrashing. "When the tbrasher appeared in court, on being arretted, and explained the facts the court fined him $5. C niCAC.o does not propose to waste any time, now that it has been decided Ehe is to have the big show of 1892. Right along the most beautiful ol her streets lies a grand park, and otc of the boundaries of that part is the water of Lake Michigan, It is compa:atively shallow at this point, and it has alieauy been decided that at least part of the water surface of the Lake shall be utilized for the Exposition buildings. Either the space of Lake surface required will be filled in and the buildings erected on the made land, or they will be built on piling driven down into the Lake bottom, most probably the farmer, for that method would largely increase the area of her already beautiful but not over-large Lakeside Park. A finer situation could perhaps wow here be found in tho whole country. letter List. The following is a list of uncalled for letters remaining in the Lock ilaven postofrice for the week ending March 1st, 1890. Those applying for letters in this list will please say they are advertised and give date of list. John E. Allgood, J.,hn Baird, Prof. E: P. Baird, Miss Julian Carsuu' r. Miss Katie L Daley, Miss Sadie M. Glee, Mrs. Kate Kern, Abraham Lanrer, L[;�is E McFadden, G. Miller, Miss Auuie Miller, Mrs. W. J. Myers, John Bobin. Miss Ollie Shean, Mrs. George Sboli, Mi>s Carrie Smith, Thomas Tate, Mrs. Bert Tanners, R. Cyril Taylor, Miss Annie Winters, G. W. Wiley (2), C. C. White, William "Welch, Petro Seiba, Kuzama Wooma, Au-.tonio Clocletu, John Kitui. R. S. B-aukek, P. M. Contract for Klectric Lighting. The contract for putting in the electric light plant at the New Normal School was awarded Saturday night to the Ed;sun company, through their repreewitative in this city, Mr. J. E. K'dly. The incandescent hystcm will be used, and fuur buudrrd and fifty lamps of sixteen candle �power are rt quired. A Ball cngino of 50 horse pow<-.r will fuiuit-.h power to iun tbo dynamo. A Sine. Hfful Murtlnir- Tbo Jl. " i nc:  ti meeting in '-^e Baptist Chu:.;h wi�l b � .-on I :nm o all of Yds we-tk, w-ith fit r\ :e :od by the jury iu order that they may rtaeh a just and proper conclusion. You aro indeed performing a responsible office, but it is a responsibility which you share with the Court aud the Counsel. None of us are responsible lor the results which follow as the consequence of your verdict, but both the Court and jury are responsible, that they do their part iu this case faithfully and couoientiou^ly, aud according to their couviotious of duty. You must nee your minds from every influence that shall warp your judgment, whether ol fear or prejudice, or uudue scruples as to the Jesuits, whether to the prisoner or the community. Lei uo consideration of p:ty or meiey swerve or hitlueuco you. l'o the tender appeal made by the presence of wih: and children you must turn a deal ear To listen to iL and bn influenced by it would ho more than a mistake, it wuiild be no* only a violation of your oaths but ;m offense against society. That William Luvetl was killed by tho hand ot violence on the morning of the 15th of December last, m Wooodwanl tuwurdnr, iu t bis County, and that the defendant, Charles Biowu, inflicted the blows which caused his death is not disputed. But it. is contended and urged by the defendant's Counsel that tbo aot was done in self defense, and therefore excusable or justifiable. The Commonwealth contend and urge on tLo other hand, that the defendant is guilty o! minder. This is the issue b.:twi:e-n iht^ Commonwealth and the defendant.. It. will ; tuereiuio be necessary for tho Court to explain to the jury as cleat ly as we can the different degrees or guides uf crime of w Inch the defendant can hi' convict* d under this indictment and Lhe law of self defense. Murder at common law is where a per son of sound memory and discretion un- lawfully kills any reasonable cieatmo in being, and in the peace of tho Commonwealth, with malice prepense- or afnrethought either express or implied. In Pennsylvania tho  Legislature, considering there was a manifest difference iu the degree of guilt, where a deliberate in-teutiou to kill exists, and  where none appears,   distinguished   muider into   two grades-murder of tho first and murder of the second elegies; and provided that the jury beforo whom any person indicted for murder should be tried, shall, if they find him  guilty thereof,  ascertain  in their verdict whether it be murder iu the first or murder of the second  degree.   By the Act uf 31st 0/ March,  1SC0, "all murder which shall bo poipetrated by means ol poison, or by laying in wait, or by any other kind ot wilful, deliberate and  premeditated killing, or which shall be com mitted in the perpetration of, or attempt to perpetrate any arsou, rape, robbery or burglary, shall be deemed guilty of murder of the first degree, and alt other kinds   of    murder   shall    be   murder of  the  second degree."   To  constitute murder either iu tho first or second degree there must he a malicious iotout on the part of the   party accused of having committed    tho    crime.   Lf   this   ma licious   purpose    is   couplod   with  an intent to kdl the ofleusc is murder in tho first degree, but if actuated by malice and the prisoner did not intend to take life, but only to do great bodily li&rm, the crime, under the statute, is reduced to the grade of murder in tho second degree. Malice, which is an essential element iu  the crime of muider, either in the first or second degree, and without the existence of which the crime of muider cannot bo committed is either expressed  or implied.   Express malice is where one kills another with a sedate, deliberate miod and formed design, which design may  he evidenced by ex terual circumstances, discovering an inward intention aM by lying in wait, former grudges, threats, and plans to do the party killed great bodily harm.   Malice is  im-pliod by law from any deliberate and cruel act committed by one person  against another.   Where the act is committed deliberately with a  weapon likely to kill, the malice requisite to murder will be presumed, for the law infers that the natural or probable effect of au act deliberately done is intended by its actor,   lf tho jury believe that tho  peroou  charged  with  the commission of the crime has maliciously killed his victim, they must then inquire into the intout with which  the act was committed, and if they believo the act was perpetrated with intent to take life and was wilful, deliberate and premeditated, the offense will rise to the grade of murder iu the'first degree, otherwise it will be reduced to murder in the second -degree. The proof of the intention to kill  and of tho deposition of mind constituting mur der of the first degree under the act of Assembly lies in tho Commonwealth.   But this proof need not be express or positive. The intention of the prisoner may be collected from nis words  anil   actions, and from the uature of the weapon used by the prisoner w hen he inflicted the blow.   If, from all the facts attending the killing, the jury fully, reasonably  aud  satisfactorily infer the intention to kill, aud the malice of heart with which it w^s done, they will be warranted iu soloing.   He who uses a weapon likely to kill upju some vital part, such as the head, without a sufficient cause of provocation must be presumed tu do it wiikedly and from a bad heait. Thou fore, lie who takes the life i f another with a weapon likely to kill aud with a manifest design thus to use it upon him, with sufficient time to deliberate, and fui'y to form the conscious purpose and wi'.bout any sufficient reason or cause of t x'enuation, is guilty of murder in the first degree Murder in the second degree is where a felonious and malicious homicide ia committed, but without any specific intention to take life. All murder uot of the first degree Is necessarily of the second degree, and includes all unlawful killing under c:rcum-s'ancus of dt pravity of heart, aud a disposition of mind regardless of social duty; but where no inteutiou to kill exists or can be reasonably or fairly inferred, therefore, in all e ises of murder, if no intention to kill can be inferred or collected from the circumstances, the verdict must be murder of the seoot-d degree. It may bo stated as a general rule that all homicide i^ presumed to he malicious, that, is murder ot some dogreo, till the c m-triiy appears in evidence. But though a homicide is presumed to be murder of tho first degree, the prnsuinptiou against the prisoner rises no higher than murder of tho second degree till it is shown by tho Commonwealth to be murder of the first device. It therefore lies on the Commou-v.e.ilth to sitUfy thn jury of those facts aud circumstances which indicate a deliberate intention to kill, and the cool depravity of heart aud conscious purpose which constitutes, as before stated, the crime of murder of tho first degree. And in the solution of the question o( the intout with which tho act was done, the uature of the weapon aud the place aud character ot t'je wouud aro matters to bj c ^isid-.Ted by the jury. Thu kind of weipon used tend- to indicate- the iute.-t with which it was uted. Manslaughter is the unlawful and fel-onijiuf killing of another without malico either rxprp.iHod or implied. Voluntary rr:>.'::ilaughtei' is iht; unlawful killing ul iiN-'Uici mth.'ot. malico, in a Mid.len quar-h'l nr in the heat of pission. Tbo dif-feiLi;-.'L h� ;wli ii manslaughter and muider is, iliat rnaiiwhnigliMjr if uevur attended by ]��: ii malice or depravity of heart, that condition of miid which exhibits, wickedness of disposition, recklessness of cona--11 lienors or enmity. To justify a oou-Yictinu of iiotti-laughter and not muider t he deal h must, have, occurred in the heat of blood or on immediate provocation, Mu re having been uo previous m dice. It;.-.u!tiug and wu1h1->uh words are not M.ffivj'eiit eau<� uf pro vocal iou, nor aro ae'ua! indignities tu the person of alight iiiol trivial kind. Whenever the act evi-d-.'i:'-!-:' a dejoity twi-nfio aud not the mere linai '-( hi'M'O; . fn-r., ve; [' t.s f lie IfKtt 11 of a m vilisfi difi.-oMMioi a .ti not insiely tlu; tu-n/y of ra^;: l\ :a not, m .nshiughtcr but murder. And it vs (it the jury to find whether the killing was iu pursuance of the previous threats, or was the result of the immediate provocation. To sustain the contention of the Com- monwealth that tho critno committed by the defendant was murder, and that previous malice existed, a niMnhi-r of witnesses was called for tho purpose of showiug that prior to the time this alleged offense was committed, the defeudaut made a number of threats to different persons at various times.   Charles Lindsoy was called  who Btated he bad a conversation with Charles Brown in November at Uu^h McLeod's, talking about the Uovott's; ''That Brown told me that he would fix these damn Lny-ett's before a year was ovar." Samuel Parsons saw Brown aud Lovett on Jay street on Saturday of tue killing.   That Brown wanted to fight but Lovett said he was 'sick, wbea Brown said, "Never mind, I'll do you up yet."   Oliver Hepburn says he saw William Lovett and Charles Brown on Saturday of murder.   Wilham Lovett was on the west side of J ay street, near Church and Charles Brown was on Bast side and ho said to Lovett, using some'lauguago not necessary to repeat:   "I'll 8lay you  tonight."   James Englert saw Brown's at Tanner's  Home,  then   aatf  them pass Schacfile's durug store, and afterwards saw  them  at Mason's  coener.   George Brown was urging Charles aid William to , go homo.   Then Charles said Bill Lovett | can't lick me.   George said, that's all j ri
                            

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