Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-12-06

who had married her about five months be
fore the birth Cf her vhild, and who impart
ed the informa lion suddenly to the prison
er, was introduced to show the intense ex
citenent, amounting, as he believed, from
his conduct at the time, to a zlomentary
insanity, produced in the prisoners mino
by the disclosure. In this opinion he was
corrob0rated by the testimony Of the pri6
oner's father, also present at the time. DR..
! [. w. Jones was introduced by the State.
and testified that, in his opinion, the facts
depOsed to by these witnesses did not fur
nish unequivocal proof OF symptoms of in
sanity-that they were the effects which
high excitement and sudden laceration oi
the feelings might produce in any sensitive
mind.
/ The prosecution was conducted with
marked ability by the States solicitor, ".
p Caldwell, ESD, without any assistance.
His Honors charge to the jury, which we
had the pleasure of hearing, was one OF
the very Ablest and clearest ''sumnings up
which we have ever heard. Upon the ad-
mitted facts of the case he charged the
jury that there was nothing to mitigate It
from murder to manslaughter. He gave
several hypothetical cases in which tne
killing of one man by another would be
manSlaugLter, but it was evident that this
case did not come within that class. AS
to the alleged temporary insanity Of the
prisoner, he left the jury to determine
whether such was the fuct. whether from
the condition of his mind he did not know
the uuttt,e and quuIity Of the act he was
committing, or ii he did not know the na-
ture Of it whether he knew that it was
crin1isl0L III him TO commit it.
As we have before stated, after twenty
four hours deliberition, during which time
they once came into court asking further
instructions from his Honor, il which his
Honor adhered closely to all he had said in
his first charge-dechniDg to give certain
instructions asked for by the prisoners
counsel, and suggested to them by the opin-
ion Of the Supreme Court in the case OF the
State rs. Ephraim-the jury brought III a
verdict "I50t guilty." The prisoner being
a popular young man, and having the SYM
pathy 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 thoughtiess
as atfOrding any hope Of oyading the pen
atty OF the law, should they ever suddenly
rush into any eXcesses of crime. 1t was
clearly rendered upon the ground Of the
prisoners insanity arising from the sudden
laceration Of the teelings-from the sudden
woundiug Of his feelings anu his honor in
their tenderest point. They should like
wise remember that the defence was con-
Quoted by a number OF the very ablest law
yers in North Carolina, while the Solicitor
was left to conduct the prosecution single
handed, and without anv Intelligent per-
son to render him the smallest assistance in
any particular. Otherwise the verdict
might possibly have been different. And
/ "a ct wit
eral appreciation, it should be remembered
that this was very extraordinary case, the
mitigating circumstances OF which do not
occur III one case III thousand.
Salisbury old North State.
Foul MURDER IN JONES CuCNTY.-Laat
Friday, Nj. SamI Elliott, an Old citizen Of
Jones county. was shot while travelling
about the Main road on Island Creek
1t is supposed to be the work Of two
negroes, as two were seen near the scene
Of the murder short while before it was
committed, armed with muskets OF shot
guns. Mr.. Elliott WAS struck with two
shots, one in the right knee and one in the
hip, and fingered but few hours. It is
thought that one of the murde ers crossed
Pembroke Ferry the same night. and it is
unfortunate that he was not known.
Poor old Jones 1t seems to be an i'm
possibility to restore quiet to her boriers,
scarcely a month elapses after one murder
ere we hear Of another.
Cannot something be done to stop this
lawlessness ?-Newbern J0ur. Of Commerce.
CoTToN IN TRANsITU.-The following
statement exhibits the amount of cotton
which has passed this place during the last
three days, from points on the Wilmington
and Raleigh Roads, includi that
which passed over the Seaboard road from
tba Ra1pirh road.