644 Slide – American State Trials 1918 Volume X Leo Frank Document

612

X. AMERICAN STATE TRIALS.

‘way be was tied; Y alackened the
rope 2 little on his arma; I asked
Lightner if he thonght that was
‘a bnllet mark in Brown’a cheek;
he said it wea; said if he had
done it himself, his face would
have been powder burnt; I want
to the house to Brown, and asked
him to let me look at his cheek;
then he commenced telling me
when be left the furnace; he did
not know who it was; it was a
ameliish man in his abirt sleeves;
when he stepped down he ealled
out, “You d—d rascal,” ote, and
threw down his load, and started
to run towards the barn; he said
he eould see # glimpse of him as
he tan acrosa the mow; as he
jumped on to the barn floor he
ge got a glimpse of him; as

wn went along he showed me
where he waa when he saw the
man jump on the floor; they
were both running at the same
time, 2s I understood him; be
had got to the spring-house when

he saw him jump on to the floor;
he saw him no more; he said he
‘waa so stunned he could not tell
who it was, but it waa some man
about the size of Robert Mc-
Conaghy; he never told me that
it was MeConaghy that shot at
him; after George was found he
told me he blamed Robert for
the deed; I heard Robert ask
Brown if he blamed him; Brown
enid he did,

Peter Hore. Came to Brown's
about a qnarter of an hour after
dark on ‘Batarde; 3 asked him if
ha knew ‘who shot him, and he
said not; a little while after,
about a quarter of an hour, he
saw a man jump down off the
mow; he said he supposed it to
be MoConaghy; he had a blue
or black jacket on.

John McConaghy. Robert
same down to Brown's with will-
{ngness, on Sunday morning, as
far aa I know.

The Counsel for the Prisoner and Commonwealth addressed
the jury at length.

THE CHARGE OF THE COURT.

Jupaz Burner. The prisoner is on his trial for murder,
which the law defines to be the killing another with malice
aforethought, either expreased or implied. Our law declares
that ‘on, or by lying in wait, or by any other kind of wilful, deliber-
ate and premeditated killing, or which shall be committed in
the perpetration or attempt to perpetrate any arson, rape,
robbery, or burglary, shall be deemed murder of the first de-
gree; and all other kinds of murder shall be deemed murder
of the second degree; and the jury before whom any person
indicted for murder shal! be tried, shall, if they find such