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ROBERT McCONAGHY. 613

person guilty thereof, ascertain in their verdict, whether it
be murder of the first or second degree.’’

The indictment, in the first and second counts, charges the
prisoner with the murder of Rosanna Brown; in the first
count by a mortal wound given with the barrel of a gun, over
the right eye, in the forepart of the head; in the second count,
by cutting her throat with a Imife,

The third count charges the prisoner with the murder of
John Brown with a rifle; the bullet entering the right side of
the breast, and penetrating through the breast.

The fourth and fifth counts charge the prisoner with the
murder of Elizabeth Brown; the fourth eount by giving her
a mortal wound with a stone, as described, on the back part
of the head; the fifth, by giving hier a mortal wound with a
stone, on the forepart of the head.

The sixth count charges the prisoner with the murder of
George Brown, by a stroke on the back part of his head,
fracturing his skull, and by a mortal wound inflicted by -a
stroke on the left jaw, with a rifle gan.

The seventh count charges the prisoner with the murder
of Jacob Brown, by shooting him with a rifle through the
head.

And the eighth count charges the prisoner with the mur-
der of David Brown by strangling.

You have heard how and when the murdered persons were
found. In this stage, I will refer you to the testimony of Dr.
James G. Lightner.. He swears that about nine o’elock on
Sabbath morning (31st May), he examined the bodies. The
first was ,

Elizabeth. Her head presented a maaa of bruises; a large
incision through the scalp, in the back part of the head, two
and a half or three inches long; another on the forepart of
the head about two inches long; and one on each side of the
head of smaller size,

Jacob was next examined. His skull had the appearance
of a ball having passed through the brain—entering the back
part of the head, and coming out at the front. He could not

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