The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-12-03
From the Salisbury North State.
The Trial of Moses A. Bencini

This Young man was tried in the Superior
Court of this county last week on a charge of
murder, in having killed John Rich in Septem-
Der last under very peculiar circumstances. The
prisoner had an only sister to whom he was de-
votedly and tenderly attached, and being sud
denly informed that she had been seduced by
Rich and that he (Rich) had taken advantage
of her presence at his own house to accomplish
his designs upon her, he Immediately, In a state
of mental excitement amounting almost to frenzy,
rushed to the house of the deceased, three and a
half miles distant, and shot him, lnt1ictlng
wounds of which he soon after died. He then
returned to the city and surrendered himself to
a magistrate, remarking to him, Il have killed
John Rich He seduced my sister, whom
loved better than my own soul, and for whom
was willing to die"
The killing was admitted, and the plea princi-
pally relied upon by the defence, which was very
ably conducted by Messrs. Boyden Bailey, j..
NJ. McCorkle and Jas. E. Kerr Esqrs., of this
place. and Gov. Vance, Of Charlotte, was that at
the moment of the commission of the deed, his
reason was so far dethroned by the shock occa-
stoned by the sudden announcement to him OF
his sisters disgrace as to render him irresponsible
for the act, and it was upon this ground, doubt
less that the jury, after celebrating for twenty
four hours, returned verdict of Not Guilty
The evidence of the sisters husband who had
married her about five months before the birth
of her child and who impaired the information
suddenly to the prisoner was introduced to snow
the intense excitement. amounting as he believed
from his conduct at the time, to a momentary
insanity, produced in the prisoners mind by the
disclosure. In this opinion he was corroborated
by the testimony of the prisoners father, also
present at the time. DIR. l. w Jones was in
mood Nv tho Stato and Testified that his
opinion, the facts deposed to by these witnesses
did not furnish unequivocal proof OF symptoms
of insanity-that they were the effects which
high excitement and sudden liberation Of the
feelings might produce in any sensitive mind
The prosecution was conducted with marked
ability by the States solicitor, W: ?. Caldwell,
Esq, without any assistance. His Honor's
charge to the jury, which We had the pleasure of
hearing was one of the very ablest and clearest
'summings up" which we have ever heard
Upon the admitted facts of the case lie charged
the jury that there was nothing to mitigate it
from murder to manslaughter. He gave several
hypothetical cases in which the killing of one
man by another would be manslaughter, but it
was evident that this case did not come within
that class. AS to the temporary insanity of the
prisoner, he left the jury to determine whether
such was the .tt,ct-whether from the condition of
his mind he did not know the nature and quality
of the act he was committing, or if he did know
the nature of it whether he knew that it was
criminal in him to commit it.
As we have before stated, after twenty-four
hours elaboration, during which time they once
came into court asking further instructions from
his Honor, in which his Honor adhered closely
to all he had said in his first charge-declining
to i've certain instructions asked for by the
| prisoners counsel, and suggested to them by the
opinion of the Supreme Court in the case of the
State u.s. Ephram-the jury brought in verdict
of mot guiity" The prisoner being popular
young man, and having the sympathy of large
portion of the community, this announcement
was received with demonstrations of applause
which were promptly suppressed by the court.
| The verdict in this case should not be mistaken
| by the rash and the thoughtless affording any
hope of evading the penalty of the law, should
| they ever suddenly rush into any excuses of
| crime. 1t was clearly rendered upon the ground
of the prisoners insanity arising from the sudden
laceration of the feelings-from the sudden
| woundng of his feelings and his honor in their
| tenderest point. They should likewise remember
that the defence was conducted by number of
| the very ablest lawyers in North Carolina, while
the Solicitor was left to conduct the prosecution
single handed, and without any intelligent per-
son to render him the smallest assistance In any
particular Otherwise the verdict mi ght possibly
have been different. And if the verdict in this
case meets with general appreciation, it should be
remembered that this was very extraordinary
case, the mitigating circumstances of which do
not occur In one case in thousand
Tbo Ho Dol