Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-04-12

Captain b. 8. R&dcline, deputy 6ner1M OF Inc
County, was then examined and testified that on
the morning Of the 14th of November. about
o'clock, the prisoner came to his residence and
surrended himself, saying that he had shot man.
Ca statement regarding the further declarations
of the prisoner was declared inadrnissable.l The
wi ness then received pistol from the hands of
the prisoner and examined it. But one barrel OF
the pistol was empty, and had the appearance of
being recently discharged and the caps were still
on the remainder of the barrels.
w. H. Biddle testified that he was standing with
the prisoner st the Court House during the fore
noon of the 18th of November, subsequent to the
staying of Wiley P. Keith and observed Israel F.
Keith when he approached. The witness saw
him shake hands with the prisoner; and it is his
impression that the prisoner remarked to Keith
that he was sorry for what had been done, and
hoped that he (Keith) would forgive him. In re-
ply this the witness belived Keith said he also
was sorry.
Several witnesses were then examined as to the
character of both the prisoner and the witness
Keith, which were each proven to be very good
The evidence here closed.
The argument on the part of the prosecution
was opened By John L. Holmes, Esq, solicitor,
who in a forcihle and impressive manner, sum-
med up the evide nee and made some striking
comments thereon. His argument, in common
with the others, was very able, and was esteemed
forcible and TO the point.
The argument for the defence was delivered by
Hon. Geo. Davis. This distinguished gentleman
has justly deserved reputation tor eloquence, but
never before have we known him to be 30 power
fully eloquent AID impressive as on thus occasion.
For considerable ioagth of time he held his
hoo nv l,a INN o1n
quence of his natural outbursts, and doubtless
favorably impressed the jury. Manfully did he
plead in behalf of his Client and said much to
which consid rab!e weight must be attached.
Judge Person closer the argument for the pros.
ecu:ion with display of ability, not easily lost
sight Of His strict appreciation Of the merits Of
the facts invested him with pc ;uliar power,
which he welded most forcibly. He expounded
the law on certain points in clear and concise
terms and made stirring appeal to the jury.
His Honor then cha ged the jury at leng re-
garding the Law concerning "f this charac
ter, and instructed them as t. their deliberations
The case was then committed to the jury who
retired for consultation and deliberations but up
to the time of going to press last night they had
agreed upon verdict.
This case has proved of the eatest interest, as
was unmlStakaOy N Ai 11G6t0u D. the large huufDtF
of per ons in attendance during the trial
CRIMINAL oURT-THE CASE OF THE STATE
CARR.-The jury in the above casc continued thei
after the case had been committed
to them through U. the entire night, &nd did not
render verdict uutil between . and 0'clnck
Yesterday. ehor while after the Court had con-
vened, they wero brought in and requested his
Honor to repeat the i've pniDis It lev he laid
down to them a. bea,ing upon the case during the
charge as the recollection Of the jury not dis
tinct in this particular This being done, they
again retired About tho time above rnentiont q,
the fury announced TO he officer in attendance on
them, that they had agreed. short delay
neoessitated until the ris, ner could g brought
into Court. The jury then rendered verdict tina
they found the prisoner guilty of granddaughter
The Solicitor h, pra, ed that the Court would
pronounce judgment
Hon. Geo. Davis, fer the defence arose and
prayed that his Honor would temper his judg-
ment with mercy al 4 bear IN mind he re than
good character which the prisoner had proven
and that no infany was attached to the commits
sion of nanslauGhter. as it might be done in hot
blood.
The Judge then proceeded to pass sentence
upon the prisoner. He stated TO him that the law
did not intljct rnishmen for the more act E
causing pain to his body, but for the force Of
ample, and that it might deter others from the
commission Of crime. He alluded to the
verdict Of the jury and spoke OF their intelligence
and high standing. and asserted that in the opin
ion of the Court the prisoner had escaped with
life by the slightest shodozr Of distinction. His
Honor then said the Court had appreciated the re-
sponsibility which thrown on it's shou dcrs by
he trial OF lis case. and cndeavOFed to perform
ts duty. The prisoner was reminded of the awful
he had incurred in rushing int"
eternity without warning the soul Of one of his
'ellow<nnen The Judge then sentenced the pri-
oner to be branded IN tho usual manner prescribed
~ law, and to pay the costs Of the case.
MIR. London, fOy the defence, p aged shat the
Court would postpone the execution o. the
enca until II O'Clock to-day. The Court saw no
objection to this request and granted it without
hesitation.
After tho prisoner was sentenced the Court ad-
burned until O'clock this morning, in order to
Afford some relief to the jurors and Solicitor, and
o give the latter an opportunity to perform some
duties.
MILITARY CoNsTBU.7 TON We have official in
formation that on Friday Col Frank, the mill
40 nj IF bic most opoIio6 br