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The Morning herald. [volume] (Wilmington, Del.) 1875-1880, December 09, 1878, Image 1

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VOL XII NO. 42.
WILMINGTON. DEL.. MONDAY DECEMBER 9, 1878.
ONE CENT.
NOT BY FAVOR
BUT BT MERIT ALONE
t ill we maintain the rep* nation that we have made during the pa
OlVIIO THE PEOPLE FULL VALUE KECEIV
veara of
NO ABATEMENT
(till the tush keeps np fern Morning until Evening Oar Sales a
week to week, which has given us the .rout rank in tra
eaatng from
A. 0 . VATES 5 00 .
The Great Clothing House in Ledger Building.
FE DO THE LAEGEST EETAIL CLOTHING BUSINESS OF ANY HOUSE
IN AMERICA.
jar Goods are more stylish, hatter made, and withal CHEAPEN THAN ANY OTH
K CLOTHING HOUSE in the City. The peonle have found it out, and fully appreel
e the fact. We sell our goods25 per cen.. lower than any other uouse possibly oan.
r K BUY ALL OUR GuOUE FOR CAHH direct, from manufacturers and importers
hr stock comprises tbe 'argestassortment ot Fall and Winter Clothing EVER OF
ERED IN PHILADELPHIA, New and *'resb Goods manufactured by oujselves.
[We have FlVe. FLOORS FILLED WITH NEW AND FASHIONABLE CLOTHING,
[e have about sixty gentlemanly salesmen, who will take pleasure In showing you
trough.
Stearin mind, for thenextSIXTY DAYS WE SHALL GIVE SUCH BARGAINS In
fcthlns as never were offered beiore, which have mude us the
EADING AND POPULAR CLOTHING HOUSE OF
PHILADELPHIA.
A. C. TATES & CO,
bestnut Street, cor, Sixth Street, PHILADELPHIA.
[ILDREN'S & BOY'S DEPARTMENT. 626 Chestnut Street, 7 Doors above,
A. COHEN,
jVIe reliant TaPor
N. E. COR. SECOND AND MARKET STREET.
Now is the time lo order yonr suits for Christmas. Prices are put down lower than
,y place in Wilmington. For $12,00 yon can get a good suit made to order. You can't
ly ready made suits so cheap. Pants made for $3.00 up. Guaranteed a good fit, spring
Yours Truly,
t'.tom pants always on hand.
A. COHEN
MERCHANT TAILOB
N. E. cor. Second and Market Streets.
OLIDAY ANNOUNCEMENT.
O
In order to reduoe our large stock by January 1, 1879, we have marked all our goods
>wn 18 per cent., as the following price list will show.
Good Business suits from $5,00 to $8,500
" $2,50 ' $0,35
shmere suits from $6.75 to $13. 25
ress suits
Boys school suits
Fine brown overcoats " $7,50 to $12,75
$ 11,00
$19,50
$ 8,00
$9,87
ys fine dress suils $4,00
Worumbo Beaver overcoats
$4,00 to $15,00 |
ie fur heayer
Boys overcoats $2,00 to $10 75.
Larqest Clothing House in the City.
N W COR. FIFTH AND MARKET.
M. MEYERS.
AMUSEMENTS.
IAND OPERA HOUSE
THREE DAYS ON LY
IECEMBER 10th, 11th AND 12th.
AND BAZAAR
T
BY
Society
Provident
FOR THE
\EtlEFIT OF THE POOR,
lion 25 cents. Season tickets 60 cts,
FOR SALE.
IE AND PICTURES FOR SALE AT
|W PRICE. . . „„
Inderslaned having opened a gro
Ere at No. 12 East Second street, and
Stances making it necessary lor
■ change his business, offers tne
Bid fletures, together with stock ot
Et less than cost price. The rent or
■paid up to first of January and can
Rued Indefinitely. A rare chance
Ed Call soon. C. C. BOYHK.
NOTICE8.
ENHIONERS TAKE NOTICE—
rtlos entitled to pensions can have
(rs pr pared and the Proper affl
hvn oit at the office of the lute
W Esq , 304 Shipley street
' LEVI A. BEUl'OLETTE
of the Peace and Notary Public.
t u. H.PWN -IONKRS Allper
ntitled to Pensions, can have
■carefully prepared, and nfftda
iur on and atier Wednesday,
Ltb 1873 Lone experience in
tent at Washington, enables
e this class of buslmss wltu
ad dispatch. , . , T v
'1 HOV! AS K. 1.ALLY.
No. tiOdjt Market, street.
uhl
IELL,
LTE, LAW ANDCOL
riON AGENT.
J. 1241) s. 18th stkkkt
ore Depot, Phliada,
Ety collections of Interests,
TMTcanilie Bills and House
lmade Liens filed. Mort
and all legal business will
attention. All claims
I collected.
AMUSEMENTS.
^ KO. W. JACKSON
BILL P08TER AND DISTRIBUTOR.
Nu. 6 WEST FIFTH STREET WIL
MINGTON DELAWARE.
Attends promptly to all work In his line.
FAIRS.
OURTH GRAND ANNUAL
F
FAIR
-5F TIIE
American Rifles!
AT—
Institute Hall,
COMMENCING THANKSGIVING NIGHT
- 10 cent),
Admission
MISCELLANEOUS
pianos
' RGAN8,
AND SHEET MUSIC.
FOR BA I B AT
p BBCUBtPS, m US 1C HTOUX, NO\
91)1 MARKET STRJBKT,
A GOOD 7 % OCTAVE ROSEWOOD
PIANO FOR S1.S5 CASH
Instruments guaranteed for five
aprI8-lyr
AH
years.
AND LIQUORB.
WINES
John F, Betz.
Gaul's Brewery
PORTER,
ALE,
BROWN STOUT
Brewer and Dealer 1*
BARLEY, MALT AND HOl'fa
CALLOW HILL AND NFW M ARKET (Si.
Philadelphia
CLOTHING.
New Styles Ready
GENT'S AND BOY'S
CLOTHING.
Wo snail be glad to have the peo
ple of Wilmington, call and see the
LARGEST,
BEST.
HANDSOMEST
and cheapest stock of Fine and
Medium Grades
Boy's and Children's Clothing that
was aver manufactured.
of Gent's Youth's
WANAMAKER & BROWN
OAK HALL
6th & MARKET STS.
Philadelphia.
THE HERALD.
Wilmington, Del., I>cc. 0 1878.
MINIATURE ALMANAC—THIS DAY.
-murlses. ..7.11 a. m. I Sun sets...4.34 p, m
MooiiZsets....
..THIS a. m
HIGH WATER.
Delaware Breakwater.....
S.OI p. m.
New Ot telle......
1154 p. m.
Wilmington...
13 03 p. m.
..««•#• 89 a. m.
. 11.32 a. m.
..ft. wi
3YHH WKATBER :—To <tay U ulttbe
warmer and cloudy , possibly with rain or
snow .
LOCAL AFFAIRS.
NEW CASTLE ITEMS.
Mr. George A. Maxwell has rented his
beautiful, Dew cottage, on Vine street, to tbe
Rev. Cbatles 8. Spencer, tector of Immanuel
Parish, who will take possession on the 25tb
of March next.
The Gilpin House, kept by George Whit
field, is tbe popular resort for all who want
a square meal, well served. There, the
Judges find homelike quarters and the most
considerate attention,aDd there the lawyers,
who know a good thing when thej see It,
most do congregate.
A SERIOUS ACCIDENT.
Frosley Parson, living at No. 410 East
Third street and employed at the Diamond
State Rolling Mills, had his left leg crus li
ed, on Saturday mornltig about 9.30 o'clock
by having it caught in a rolling machine.
Tbe leg was amputated between tba hip
and knee by Drs. Rust and Kane. He is
doing well. The unfortunate man but for
the timely efforts of a fellow workman
would have been drawn bodily into the
machine. _
WEEKLY MORTUARY REPORT.
During the week ending Saturday De~
orraber 7th, nine deaths occurred in this eity
as reported by E. B. Frazer E6q., Registrar
of Deaths and Burials, showing a deareaae
of three over the previous week. They
were as follows: Nativity—Germany, 1;
Ireland, 1; United Statea, 7; adults, 4; min
ors, 5; males, 4; females, 5; white, 7; bla.k*
2- Under 1 year, 2; between 1 to 5, 2; 10 to
20, 1; 20 to 30, 1; 50 to 68, 1; 60 to 80, 1}
70 to 80,1; Caroner's cases, 1; Alms House
3.
PORT NEWS.
On S.turJay morning, the schooner
James H. Moore of BostoD, arrived with a
cargo of old car wheels, for the Lobdell
Car Wheel Company. Tbe scboonirJohn
Sbay of Egg Harbor N-J. cleared with a
oargo ol phosphate from Walton Whann A
Co., for Pensacola, Florida.
THE CHURCHES.
The Forty Hours Devotion commenced
yosteiday at the Sacred Heart,GermanCath
olie, ehurcta, Tenth and Madison streets.
Tbe Feast of tho Immaculate Conception
appropriately observed in the Catholic
ehurehes yesterday.
w»»
false alarm. „
The alarm of fire on Saturday evaning
about 7 o'clock was caused by the escap
ing of steam from tho Chamberlain build
iDg, at the N. E. corner of Fourth and
Orange streets.
PRONOUNCING BEE.
This evening commencing, at 7.30 o'clock
a Pronouncing Bee will be held In the Sec
ond Baptist Church, Fourth and French
streets. _ _
A lady In Somerset county la just finish
ing a bed quilt which ahe began 52 years
ago. It eontains 8,000 pieces.
BY THE SKIN OF HIS TEETH.
THE TAIAL OF HARLEY «. BEOWN—
ARGUMENTS BY MESSRS. ROBINSON, LORE
ANE PENNINGTON—A VERDICT OF MAN
SLAUGHTER.
[Special Correspondence of the Herald.]
New Castle, Dec. 7,1878.
Court met at 9.15 o'clock to-day and the
trial of Harley G. Brown, the train wrecker
was resumed.
The evidence having all been taken
yesterday, the case was ready for argu
ment, and A. P. Robinson opened for the
State. He took the ground that though
of the defecne was, that the intent was not
proved, it was necessary for the prisoner to
prove the absence of intent.
Mr. Lore a ked for information as to the
position held by the State; whether it
claimed a verdict in the first degree or
were willing that the crime be graded,
Mr. Robinson said that it was a case for
ihejury to decide.
Attorney-General Pennington said it
was a case in which the jury eould convict
in the first degree; or failing in that ren
der a verdict in the gecond degree, or man
slaughter under the common law
The Court, Chief Justice Comegys re
marked that the Counts in the indictment
were sufficient to warrant a verdict in either
degree or of manslaughter under the com
mon law, if the proof in the case did not
justify a verdict in the first degree under
Btatute. The Chief Justice promised to
exprees himself more clearly on this point
when lie charged the jury.
Before commencing his argument Mr.
Lore in asking the Court to charge the
jury, specified the foilswing points:
First—That the intent being a material
averment and part of the indictment or of
fence, must be proved by the State to the
satisfaction of the jury.
Second—That in acase where the confes
sion of the prisoner is introduced in evi
dence the whole of that confession must be
taken into consideration.
Third—Even if the minds of the jury
should bait or waver after hearing the
whole testimony and weighing it care
fully, yet if there be a reasonable doubt as
to the guilt of the prisoner upon any one
element of the crime or the whole crime
they aie bound to give the benefit of that
doubt to the prisoner.
Mr. Lore then objected to the first, sec's
ond, third and fifth counts of the indict
ment which mention the "force and velo
city of a certain locomotive engine," as one
of the causes of the engineer's death. He
said that this was something with which
the prisoner had nothing to do and for
which he wag not accountable. He ob
jected to the fourth count because it speci
fied an "unlawful" action, and this differed
from the other counts, all of which he
claimed to be defective. He quoted
numerous authorities to support his posi
tion.
The defense followed in a two hours
speech, in which he made a strong plea in
favor of the prisoner ou the ground of his
insanity, and e'aimed that he could not be
found guilty on the indictment because
there was no malicious intention in ob
structing the track.
Attorney-General Pennington then
closed lor tbe State and took, as his
main point, the acknowledged fact in
Courts of law that every man was looked
on to be sane until proved otherwise. He
reviewedthe testimony at some length, and
said the act was too deliberate to sup
port the supposition ot insanity and his
denial on the night of ihe wreck proved
that he knew right from wrong. At the
conclusion of theaddres3 the Court took a
recess at 1.30.
AFTFKNOON SESSION.
At 3 o'clock, when court re-assembled,
the prisoner was again brought in and
Chief Justice Comegys charged the
jury. We regret that lack of space,compels
us to condence the charge. He said:
GENTLEMEN OF THE JUBY;
The prisoner at the b»r stands indicted
of the crime of murder of the first degree,
and it devolves upon you to say by your
verdict, whether be is guilty or not guilty,
in the manner and form he stands indicted.
If you should determine that he is not so
guilty, you are to render a verdict of the
gecond degree, and should you not believe
from the evidence that he is guilty of
either degrees of murder, you are to in
quire whether the offence is that of man
slaughter only. We feel warranted in
saying to you, from the undisputed proof
made in this case, that the prisoner at the
bar is guilty of one or the other of those
crimes, unless he lies shown by proof that,
at the time of the offence, he was not res
ponsible for his conduct.
(The court then reviewed the case
briefly.)
"There is
no question,"he went on,about
the collision, or the injury resulting, nor
that Ilarley G. Brown the prisoner at the
bar, caused death. Of what offence then,
,n legal consideration, is he guilty? for as
there is no pretence that he had any right
to place the obstruction on the track, nor
that auch obstruction was not the cause of
the disaster; we repeat that the prisoner
before you is unquestionably guilty of one
the other of the great crimes we have
mentioned, and of which of them, it is
your provence to Bay a* triers of that ques
tion,after we al.all have given you the law,
applicable to all cases of homicide, or
manslaying; unless you shall find him so
destitute of reason at the time as to l>8
irresponsible for his acts. We should not
be unwilling if we could, notwithstanding
tbe fact that two unoffending and valuable
citizens and faithful servants in their
calling, lost their live! by this dreadful oc
currence, to sav that the prisoner is, in
our opinion, not guilty of either of those
offences, and instruct you to acquit him of
all crime; but this we cannot do. Unless it
has been shown to you that the party
or
charged is not on any ground,a person res
I fusible for his acts aod their consequen
ces, we and you must hold him liable for
them. . That you may decide which of
the crimes mentioned, if either, the pri
soner committed, we will proceed to define
them with appropriate examples. But
first as to homicides generally:
All homicides, or killing of one man by
another, are criminal or not. Those
which are criminal are characterized as
murders or as manslaughters. Those not
criminal are such as the law justifies
excuses; but with them we hive nothing to
do in this case. There are three classes of
criminal homicides:—Murder of the first
degrse, murder of the second degree, and
manslaughter. They are all felonious
homicides, also, as distinguished from
justifiable and excusable homicides.
(The Chief Justice then went on to
define the excusible homicides and also
those of a felonious character, as defined
by the laws of the state.)
Express malice aforethought is when
one person kills another with a sedate, de
liberate mind, and formal design; such
formal design having been evinced by ex
ternal (or natural) circumstances, discover
ing the intention; as lying in wait, anti
cedent menances, former grudges and
cocted schemes, to do the party
bodily harm; the deliberate selection of a
deadly weapon, a preconcerted hostile
meeting, whether in a regular duel with
seconds,or in a street fight naturally agreed
on,or notified and threatened by the prison
er Ac.
Implied malice, or malice in a legal
sense is where any deliberate, cruel, act is
committed by one person against another,
however, sudden* Thus, when one person
kills another, suddenly without any,
■vilhout a considerable amount of provo
cation, the law implies malice; for no per
son unless of an abandoned heart would be
guUty of such conduct upon slight or no
apparent cause.
Malice may also be proved by evi
dence of gross negligence of human life, as
in wanton sport Buch as purposely and with
an intent to do injury * * and when
ever the act is committed deliberately or
without provocation, the law presumes
that it was done with malice and it be
hooves the.'party charged ta show by evi
dence or inferance, from the circumstances
of the case, that the offence is of a mitiga
ted character and does not amount to mur
or
cgn"
some
or
*
*
der
*
*
Applying this law to the prisoner at the
bar, the consequence likely to come from
his ac', must have been known to him as a
railroad man,—unless you are convinced
of his motive as he has explained it, he
is certainly guilty of one or the other of the
degrees of murder. Jn addition let me
enjoin you to bear in wind that all homi
cides not justifiable or excusible (and this
is neither) are in the point of law,malic
cons and every sane man, is supposed in
law to intend or design the natural or pro
bable consequences of liis own acts. Harley
G. Brown then, if you disbelieve his state
ment, designed to kill by his obstruction
of the railroad track, which would be ex
press malic aforethought and murder of the
fin t degree or had he general malignity, or
design of mischief and recklessness of con
sequences to the lives and persons of in
dividuals, under the circumstances of im
perilment shown by this case; that would
bring him within the discretion of those
who are enemies to ail mankind, persons
regardless of social duty andjfatally bent on
mischie:, and therefore guilty of implied
malice or the crime of murder of the
second degree. It is for you, gentlemen, to
say uf which of those crimes, if of either,
you think the prisoner to be guilty. If,
howeye', you feel constrained, afterallthat
has been said of the law, to believe the
statement the prisoner in your charge,
made of his motive, and thus reach the
conclusion that there was no premeditated
wickedness in his act, you may find him
guilty of 'manslaughter only. (The court
then went on to speak of manslaughter,
which he said was the inlawful killing of
another, without malice either express, or
implied—or without premeditation. * * *
The caution the law requires, is not the
utmost that can be used, but such as is
used in like cases and has been found by
longjexperienced to answer the end.You will
observe therefore, gentlemen, that where
death results from an act although not of
evil or wicked purpose, but baely unlaw
ful, it is manslaughter in him who perpe
trates it, and would be murder if occasion
ed by such purpose, which is malice.
In order to assist the jury more freely,
the court then laid down the following
points:—
1st:—That when one, in pursuance of
any deliberate purpose, or plan, of taking
another's life, or doing him some great
bodily harm, kills him, he is guilty of
murder of the first degree. * * *
2 Where there is not the evidence of
any such purpose or plan, and yet a per
son is killed in consequence of a felonious
act on the part of the accused, or il an act
that dedotes a disregard or recklessness of
the lives of persons and individuals gener
ally, it is murder of the second degree.
3. Where there is no malice or evil de
sign, either in fact or in law, and yet death
ensues from a merely unlawful act; or from
a lawful actjdone in an improper manner,
whether by express or culpable ignorance,
tbe offender is guilty of manslaughter.
In connection wilh the above, the Chief
Justice said that the prisoner at the bar
was a trespasser on the property of the
railroad company, and his obstruction of
the track was an aggravation of his tres
pass, Therefore, should if turn out that
you find yourselves unable to convict him
of either of the degrees of murder, you
should find him guilty of manslaughter.
* . Whether the
crime of the prisoner at the bar is redueible
to tho grade of manslaughter, depends en
tirely upon your baiief of his motive for
placing the log or tie upon the track of
*
» 1
the railroad,
may, if you feel constrained to do so, be
lieve his statement and acquit him of ma
licious homicide,.and fiud him guilty of
manslaughter. But you are not bound to
believe that statement, though you must
consider it always with what he said
against himself- * . * *
(The Chief Justice then spoke of the plea
of insanity as brought np by the counsel
for the defence.) This fa the nature of his
plea for the prisoner That be was at tl •
time when George Babes was slain, and
the preparation for the catastrophe near
Claymnnt was made, a person not only
of unsound mind, bat that his surround
ings were of that extent or complete
ness that made him, as to the act commit
ted, an unaccountable being,
true in point of fact, and you are the [sole
judges ol that, then you should render a
verdict of not guilty in this cate. It would
be an effaceable stain upon the reputation
this State is entitled to for the tender re
gard. Her laws have of human life and a
lasting reproach to you as jurors, if an ir
rispoble being should be punished for]that
he did not and could not know was a crime
that at all. In all jurisdictions everywhere
and among all people, civilized and sav
age, a defeat of reason that renders our un
accountable for his acts, is received with
commiseration, and the subject of it shield
ed from the, least reproach even It is one
of those visitations of the Creator which
all humanity respects, and which confers
immudity from puuishment upon him so
unfortunate as to be the victim of it, if I
may use an expression of seeming irrever
ence. * * * But until this
is shown to exist another rule of law, of
equal force prevails, which is this: That
every man is presumed to be sane until tl.o
contrary is shown by him or in his behalf.
Harley G. Brown
was a sane man in the eye of the law, am:
as such you are bound by your oaths so L>
regard him, unless he has shown to you
by proof, that, at the time he'placed thn
fatal cioaetie on the track of the Philadel
phis, Wilmington & Baltimore Railroad,
he had not sufficient mind or reason, t ■
understand that he was doing an unlawful
act. * * Insanity is inability t"
distinguish between right and wrong i i
reference to the act itself, and the want i f
power in the cctor to choose whether 1 :
will do it or not. Again it, is a state tc
mind in which a pe.son is incapable of th i
peiception or consciousness of right aut
wrong as applied to the act he is about t>
commit, and he has not the ability throui i
want of consciousness to choose by an < > -
fort of the will, whether he will do t' '
deed or not. These definitions or descri •»
tions of insanity were made by this con «
long since, and have ever been approv l
for their comprehensiveness. They me i
that one so destitute of reason as not; o
know at the time he does an act that he is
doing wrong, is not responsible for su i
While we shall t ot
as we have not the right to do, express
any opinion upon the nature of the « i
dence, as it strikes our minds, it is ourdi ly
to warn you to be very careful before > u
allow it to coutroly our minds. The n -t
that was proved with reference to this s ob
ject anterior to the commission of the ct
was that the prisoner was subject to > • st
atins, or periods of low spirits. We f ed
not remind you that a great many perf os,
perfectly responsible, criminally as wel, as
civilly, for al! their acts, or conduct,
subject to low spirits. Nay, it would be
hard to point out any who are entirely iee
from them, unle6B they are of that sin 11
class of inaccountable beings who are t :a
to be incapable of enumerating any hr a
roseate view of life. * * *
There mu6t be something more,in our ■ .In
ion than this, there must be superadd ! to
mere low spirits, a natural weaknes- of
mind, or acquired insanity, that rendes - Its
possessor Incapable of determining, > lien
he is about do a thing,whether-it, Is rlgj t or
wrong to do that act. * *
I have said there is no evidence what, ver
before you that the prisoner at the bat was
anything but low spirited before the time
he caused the death of George Babe, and
the three other victims ot his conduct, and
there is none. It is true that an accidi t is
proved to have happeiied t'o him in 1868,
that be fell from exhaustion la 1S73 at i re
ceived a blow from the ialling limb of a
hee in 1878 but none of the witnesses, who
proved these circumstances, proved that
his mind or power to distinguish betweeu
right or wrong was affected more than
for a very few weeks, at most and i uring
thatt'tne it is not avered by the wit i.esses
that there was an unusual appearance of
mental affeotloa. This, as I recollect seems
t.o the be substance of the testimony a? to the
prisoner's mind before the aet committed.
The first evidence you have, having aDy
tendency to show want of responsibility,
poiuts to a period subsequent to the trag
edy and is mainly that of persons who serv
ed upon the Coroner's jury.
They have express'd their opinions with
respect to the state of the prisoner's mind,
as shown, as they consider, by his conduct
at the time the inquest was upon its trav
els to ascertain the (acts about the killing
of the four men who met their untimely
death upon that fatal train and passed with
out tbe least warning into that dread here
after for which the best among us are io
needot some preparation. Those opinions
if we give all of them at least as much, if,
not more force than they all expressed,
amount to opinions only of men, certainly
not any belter qualified than yourselves to
draw conclusions from f&cts. They are
not experts, that Is persona of scientific
skill or experience so far as you or we
know, in passing upon the mental status of
men; they have,therefore no special qualifi
cation to enlighter your minds upon a sub
ject that has oftentimes baffeled the scrut
iny of the specialist, or person who has
made a study specially of subject of in
sanity. But they do give you facts, and its
for you aleneto judge whethor In your con
sciences, you believe them to be such as
should acquit this prisoner. It seems from
tbe testimony of the juryman that when
the Coroner's jury took the prisoner to the
scene of the wreck, he gave to them the
same account of his performances us he.
[continued on the FOURTH r AGE.]
* * You
If this be
*
acts.
re

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