Litchfield enquirer., 1862-04-24

l. On the general presumption of law in fs. vor of innocence.
 II. They have proved by large number ot the most respectable witnesses, that the priso- ner, with the exception of ths di6culty with the Tuttles, had always sustained the character of . remarkably Rsaeeabls,. pleessnt man. They insist therefore that you cannot believe that he would take life unlsas his-own wsA in n danger:
 III. That,in every. previous Gtercation, be- tween him. end Tuttls, Futile had been the sg- gressor On the preceding Wednesday, Futile had attacked him on his oF4- premises, with pistol, and had been guilty of great outrsges.
 W. The deceased had been drinking, once at least, and had bottle ofs gin with him. This may account for someof the appearances. V. Futile prided himself on his skill in driv- irg horses and making short r
 VI. The mark on the coat may have been made by rubbing against the wheel in the yard, or when driving into it, or at some other time.
 VII. The evidence shows that the wounds, blood, and dirt on the head and in the hair, were only in front, and these can be accounted for by the body falling forward on the face.
 VIII The wounds on the face and nose can be accounted for in the same way.
 TX. There were strong gusts of southwest wind. The hat was found just where it would be blown to from the yard.
 X. There was nothing remarkable about the breaking of the whip. It might have been done when he got out of the wagon in haste, in the yard.
 XI. The wad was picked up in the yard, by Albro Fyler, and carried out and dropped where it was found.
 XII. Doct. Wetmore's testimony shows that the wounds were received as the deceased was standing, when the arm 'was sxtdndsd down. ward and outward ss if holding s-pistol.
 XIII. The distance of the wounds from each other corresponds asswsll with the shooting be- ing in the yardas in the street.
 XIV. The witnesses for fhe prosecution do not agree as to the dragging mark leading into the yard The defence has showed that if there was any mark, it.was made by stone boat.
 XIV. The declaratiens and threats of Wood. ford. are not proved by reliable witnesses, and are disproved by the other testimony.
 XVI The presumptions relied upon by the prosecution, must therefore, give way to the positive testimony in favor of the prisoner.
 XVII Tketestimony of Mrs. Swan, corrobor. ated by Julius Woodford, and by the declars. tions of the prisoner, when giving an account o1 the transaction, prove beyond doubt that Futile went into the yard, as he did the preceding Wednesday, and threatened the life of Wood ford
 XVIII. From the whole evidence the jury ought to infer that the homicide was in self-de. fence.
 In answer to these claims on the part of the prisoner, the counsel for the State claim
 l. That if Mrs. Swan is to be believed, hel testimony does not prove that Woodford had ( right to kill Futile. ...: :.
 II. That Woodford could and ought to have retired into the house to place of safety.
 III. From her testimony Futile must have found; to Q greater distance instead of ap preaching him. .:
 W. That Mrs swan had been centradicted by several witnesses, and is not worthy oi credit
 V. That Tuttle's mother had rights in the house and yard, and consequently that when he went there the Wednesday before, he was not tres passing, but merely maintaining his own rights The actual possession by Woodford, would be o1 more importance in an action of trespass than in this case. AT the threats of Futile, were on the condition that be was interfered with in the exercise of his rights. 1' : 5'
 These are the principal claims on the part ot the prosecution and Sthsedefence. It is your du. ty to examine the whole, evidence, whether re. ferred to or not; coolly, calmly, dispassionate- ly and conscientiously.
 The consequences ofa conviction should have no influence with you, except to lead you to weigh the evidence with, care, and without any bias in favor or against the prisoner.
 The counsel in the case have discharged their duty ably, boldly and manfully. The Court have endeavossd to be faithful to their trust, and to see that the trial should be 80 conducted that justice might be done to the prisoner and to the public. still higher obligation now de- wolves upon yoH.
 If by the rule of evidence which has been giv. on to you, you are of the opinion, that the pris. oner has been guilty of wilfully, deliberately and premeditatedly, killing the deceased, you are bound, however painful the duty, to find him guilty of murder in the first degree.
 If not you can find him guilty of murder ir the 2d degree or of granddaughter.
 If you are not satisfied beyond . reasonable doubt, that he is guilty of either of these crimes you are to find him not guilty.
 Until you come, to a result you ought to keeI by yourselves as much as possible, and if any one attempts to interfere, to influence your yer dict, to bring his csse to the knowledge of thu Court, that hs,may receive tho punishment whicf he will deserve. s ".