Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1860-04-30
sentenee Of Judgo TyIsr in the phn.--

~Ns' ~JAoA III Inc Philips Ca.
In accordance with the verdict IL il.
ry, Judge Tyler delivered his seutoa., W
this case on Friday mornrg lasr II tta MI Y
sence Of the prisoners. II VAS our ,g,.l p's'
publish the sentence in full, but holm Y
bic to obtain copy Of it, we furnish J''''
the substance thereof in somowb,,
space: 80
". ". Phillips and SamYC P1m.
You have been arraigned and tried ~ P'
murder of Charles Rufus Ayres. and ~
ciful jury has been content 10 find MI,
ty only Of voluntary mans!aughter H. s1'.
fixed the punishment at three wear. ne, ~
onment in the Penitentiary hou.e II III, HI
State. For th,s verdict, due 10 IT, III. ''
cy Of the twelve citizens who were .nn.. s'
ed to settle your fate, you should 10 eyt,., ,.
ly grateful; for, according to tile LAW an5 Y.
evidence, IN the killing of The upEyr.,1.
deceased, you committed a wilfll de,.,..1,@
and premedtated murder What /.
law? Malice makes murder; ani whom !, ,''
homicide is done with delberatiop \,
meditation, or in the attempt t. perna,,.,
certain felonies, it is murder In The f,.,i
gree, punishable by death What I. ,la
idencc of this deliberate maIiee2 LyiT-
wait, anteccdent menaces, or aay ,9r
preparation for the rencontrc after Ill.,
of sufficient cooling time for rea..s9.1.
man Was there no dciiberatiUu he,-.
The elder prisoner, upon reccnm, ih. l..
from the deceased, rides q hi. fe,drr...
the distance Of a mile u two. mi arm. M.
self with n rife; not contca. W.tl. .l.,
adds Aliens six-shooting revolver. ar8 .,l
dissatisfied, lie equips his son wi.,.4.,j'
barrelled shotgun. Thus prepared
the lapse Of two hours, they ratun.r
town IN pursuit Of Ayres. They re.,r. r.
Depot, aud the elder prisoner di,m0unt. ~
with rifle in hand makes dIigent search \
the deceased; but not finding him. tbry ~.
on and meeting at intervals Dr. Hawlyag8
J. Barber, inquire Of each whether ,.sg
had seen anything IF Rufus Ayres. H
last discovering the latter III small .s..
makers shop, they leap from their horse.
with the exclamation from 0ue, slave y.u
got your pistol now? ii you have. i've rgms
to kill You" and then cusue. The eonf..
which proved fatal 70 their adversary. Na.
there no such deliberuton in I'LL tai. * n.
bring the homicide within TIE statute vl.s
defines murder In the first degree. B.
apart from this, where there are ora issa.
rations Of a murderous purpose, there Il .r.
ven the express malice which According
the law, is incapable Of rebuttal Ehcae
mother stricken with anguish ii the daa..
Of her slain son, bitterly reproachoi tda rr.
oners, W. W. Phillips confessed purpose
kill, IN language that the Court decline,
repeat. Here was malice, which tar ag
does not allow u De disproycd anu w.h
constitutes the essential element - murder
And though convicted oi mansaug.g
~, ! trust that the prisoner, aFpraaa.
the full extent of their cTmina.g, n... Is
perience sincere pcuitcnce ii tae. ,oIa-
confinement, and that, when Dley return
society, if that should ever be, @lIi \. 6a
themselves as to atone TOR The bio.j -
imbrues their hands
In accordance with the verdict, thcy ar.
sentenced to three years Imprisonment.
the Penitentiary house 81 the State TX,
rentoa Flag