Litchfield enquirer., 1862-04-24

Winchester, John Boyd, D. Woodbury. Jas Huntington, '. D. Rep Union Il. Dem. 5. U. D. l.
 Superior Court, ApriI Term, 1862
 Br,o., JUDGES SANFORD AND Drrros. TRIAL OF LUCIUs J. WOoDFoRD FOR THE MURDER OF JAMES H. FUTILE.
 CLOSING SCENES.
 Ssv.sr1 DAY, wrDxrsDA1, April 18th. THE CHARGE TO THH JURY. We take great satisfaction in giving the fol- lowing abstract of the able charge to the Jury, and summary of the case by Judge DUrrox, from the learned Judges own notes. It oontsins . full and lucid digest of the prominent points i. this interesting trial, and will be read and pre- served as an important chapter in the proceed ings of the trial, up to which point we gave a full report in our last issue.
 At the conclusion of the argument on the part of tho prisoner by Mr. Hubbard, Judge Dutton said:
 GENrLEMEN or THE Jun1:-At the request of the Presiding Judge, it becomes my duty, to ex- press to you the views of the Court regarding the law which is applicable to the case, and to turn your attention to the leading facts of this terrible tragedy; for tragedy it was, whether the prisoner at the bar is innocent or guilty Rarely, if ever, has there been such transac- tion as this, in the County of Litchfeld. Rare ly has it ever happened, that a man of good standing and character has been struck down, | Of nd iof fov by the hand of violence; by . man of equally good standing and character. Public sentiment demanded rigid investigation, so that the per- petrator of the homicide if guilty, might suffer the penalty of the law and if not, that he mi ght | show his innocence. Such an investigation has been had before you, and now you are to decide the fate of the accused.
 The prisoner admits the homicide, but claims that it was in self defence. Homicide may be either murder in the first degree murder in the second degree; manslaughter; or no crimo ct l all.
 lift is done with malice aforethought, it is murder.
 If the homicide is owing to Q wllful, malicious purpose to kill, entertained for any period oi time, however short, before the act is done, it constitutes this crime.
 If it was done from sudden impulse of pas sion, en previous provocation, before the pas sions had time to cool, it would be manslaughter. The provocation may have been an assault by tho deceased, or an unfounded and unauthorized but real fear of immediate danger to life or limb But mere words, whether of abuse or of threats, will not reduce murder to manslaughter. If murder is committed in pursuance of a wilful, deliberate, premeditated intention to kill it is murder in the first degree To constitute this offence, there must be . reasonable time, l between the intention to kill and the act itself to give an opportunity to reflect upon the deed and it's consequences. Of this, the Jury are to judge.
 If the homicide was with malice aforetho ought, and not murder in the first degree, it would be murder in the second degree.
 If the homicide was committed by the priso. oner in necessary selfdefence, to prevent the loss of life, or some great bodily harm or if the pris- oner had just cause to believe, and did believe 1 that he was in immediate danger of death, or o1 great bodily harm unless he took the life of the deceased. the homicide would be justifable. To authorize the Jury to find the prisoner guilty of murder in the first degree, there must be two witnesses, or what is equal to the evi. I dence of two witnesses. But it is not necessary that there should be two witnesses to each fact The rule of law upon this subject is laid down in 2d Swift's Digest, page 4sl. This wss read to the Jury.)
 If there is sufficient evidence to satisfy tn, Jury, that tho prisoner is guilty of murder ir l the first degree, but not equivalent to that o two witnesses, the Jury may find him guilty o murder in the second degree.
 The attorneys for the prosecution insist, thai | the evidence in the case clearly proves that the prisoner had a malicious intention to kill, pre-. vious to the transaction, when Futile was killed
 They insist that there are in this case Q combi
 nation of all the elements that usually constitute
 the proof of such intent. They insist l l. That there had been one of those contro | versies, which generally give rise to the most
 bitter feelings, a family quarrel The prisoner
 and the deceased were brothers-in-law. II. The prisoner had made declarations and
 threats, which showed that he had deep seated
 malignity toward the deceased. He inquired o
 Albro Fyler whether he thought the law would hurt him if he killed Futile. He said in tn,
 presence of Epaphroditus Harrison and others
 that he never ached so to kill man as to kill
 him. He told Pelatiah Roberts he would a.
 soon kill Futile as to kill black snake, anc l used other expressions of 8 similar character. l III The weapon used was of a most deadly
 character. It was double barreled gun, unu
 sually loaded, with II balls in each barrel, anc 1 the caps must have been put on after the nex
 preceding Saturday night.
 ". The articles which Futile had procured
 in Winsted, and his mode of driving, showed
 that he would not stop at Woodford's 1 V. The appearance of the wagon track, anG ! S~SAs va Ss
 had been suddenly turned into the yard, by conyulsive twitch of the right rein. VI. The position of the hat outside of tn, gate, and the mark on the coat, showing tha
 the dirt had been ground into.it by the wheel prove the same thing. l VII. The blood and dirt in the hair, and th, marks in the skin on the top of the head, a. proved conclusiyeiy by . number of witnesses and the mark upon the ground, as if . head ol foot. had been dragged along, prove that Tuttl' was killed in the street, and that the body fell but was partly supported by the wagon and dragged along into the yard.
 VIII. The wounds in the arm and body cor l respond exactly to the position of the deceased while seated in the wagon, at the place and dis tancs claimed by the prosecution If as claimed 1 by the counsel for the prisoner. he had been killed in the yard, he must have stood facing l the south west. But his body was found with the head to the east on the face. This could moi have happened. ss K. The horse was found tied in different way from what Tuttle was accustomed to tic . horse. The whip was broken, as it would have been if dead body had fallen against it. l X. The prisoner never claimed to any one l that he did it in self defence.
 For these and other reasons, the counsel foz l tho prosecutiou, alaim tha. you cush. to and