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614 X. AMERICAN STATE TRIALS.

say whether there were two balls in the gan—the hole larger
behind than before—but that it was immaterial, as such a
wound would produce instant death,

He thinks these two were first killed, as fermentation had
commenced in the wounds, and worms formed.

The next was John, He found a wound through the right
breast. Hoe first thonght the ball entered the breast; but, on
further examination, he thinks it entered near the spine, and
eame out at the breast, passing through the right lobe of the
Tongs. Tt was a mortal wound.

Next was the old lady. She was lying on the bed—had a
wound above the right eye, between three and four inches in
length, obliquely across the corner of the eye. The depth he
could not tell. The wound above the eye done with an in-
strument like a dull axe. Her throat was cut with a dull in-
strument, and all the important blood vessels separated. He
thinks animation was suspended before the throat was cut.

David he found laying on his face. He presented the ap-
pearance of having been strangled. His face was black—
tongue swollen and hanging out. A ball had passed through
his pantaloons; it just touched him slightly.

George had a small triangular fracture on the back part
of his skull. The doctor could run his little finger into it. His
right arm broken two inches above his wrist. The appear-
ance of a severe contusion on his jaw bone—and, he thinks,
hig throat cut. He eame to his death by violence. An animal
had eaten the flesh off his head.

Tt is a settled law that if the party died by the same kind
of death mentioned in the indictment, it is no ways material
whether the right instrament be mentioned. If it is laid as
done with a sword, and upon evidence it turns out to be a
staff, hatchet, or any other weapons, it will support the in-
dictment. The substance is, whether the party gave the
wound which caused the death. It is not material as to the
description of the weapon. It is better to describe it ac-
eurately.

That these several murders were committed by some one,

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