Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1871-11-28

Voluntary manslaughter, therefore, may s
q defined to be the unlawful killing oil
mother in heat of blood, upon adequate or !
efficient provocalion and without malice, ;
ither express or implied. But in order to c
educe the crime to manslaughter, where a
dangerous or deadly weapon Is used us the
instrument by which death Is caused, the
DroUocatiOn must be great indeed; so great,
n fact, Us to produce such transport ol
passion and heat Of blood, such an actual
irenzy Of the mind, MS to render man for
Tho time being, utterly deaf TO the voice Of
reason. II the act If killing is attended
with circumstances showing prcconceved
OF heart, deliherali0n or formed
design, il viii. not be m0nslaughier but
murder.
Provocalion to avail anything must be
which the slayer feels at the
instant OF its occurrence and must act under
the sting OF that provocalion and resent it at
once and without delay or time CIR thought
or reflection. II between the prOvocalion
and the act OF violence clusing he death,
there interviewed sufficient time for passion
10 subsidc, or the blood to cool or time under
the circumstances Tor the exercise ofreflecliun
and the formation Of deliberate purpose In
regard 10 the act which he is about 10 do, pro.
vocation will rot avail anything. Fer
no pr0v0caton however great will Justify q
man in killing another, nor will ii excuse
him. Killing on adequate or sufficient pro- |
vocation must, at least, therefore amount TO |
manslaughter.
Now, gentlemen, have endeavored TO
explain 10 you briefly the Characteristic and
nature of malice in general, and also 10
point out 10 you the distinctive differences
between express malice and malice implied
by law from facts actually proved, aud
also 10 explain what under our statute law
| Ia In ~, I'm 1nri in
the second degree
! have, moreover, stated to you the rules
or principles in regard Ia the crime OF man-
| slaughter, which is the lowest grade of
telOnious homicide. have also eudeavOred
TO point out and explain TO You by language
as plain aud significant as l can command,
IN what respect manslaughter differs from
murder.
Having thus, as | trust, enabled you u
comprehend and understand these several
matters, especially the legal meaning and
import .ol the term malice, which enters 60
largely into the question OF telouious hOmi'
clde,aS constituting the grad criterion disiin'
gushing murder nom mausluughter, l may,
think, without any imploprey and with
out in the least trenching upon the undOuOcd
province of the jury, advert for the moment
to material and undisputcd llcti dl5 CLOSED ny
the testimony.
conference.-the terrible tragedy which
resulted in the instant sud leu death Of
Charles Woolsey occurred on the early
morning OF Sunday, the 9th oi the present
mouth. The slayer and the slain had FIR
sever u years snlecedeut To The fatal cOntr)-
VersY stool towards each other IN the relG
lion o. mutual aud intimate liignds. They
had often engaged in earnest dispu,ation
with each other aud vt various lines each
Of them Tor the moment became angry with
tue other, but il seems that this anger speedily
passed oil without apparently leaving any
rancOr in the heart Of either.
The material facts as disclosed by the cyl.
dence are but few in number aud are easily
stated.
AS 10 the origin or exciting cause of the
controversy tile testimony is silent We
know nothing definitely. We mud tic
prisoner and Woolsey al tie house OF Mr..
Caulk, at about Il o'clock on Saturday night,
in company with several friends. Tul
prisoner and Woo.sey prepared supper AMI
set the table in the iIout room aud their
friends sat down aud ralt00k OF the supper
sometime between one aud two O'Clock on
Sunday morning, the prisoner and Woolscy
waiting on them nj the table.
1t does not appear at what hour pfuCs ly
= these companions (except Cdun) len the
! house. Cam says lie laid down on tie
Lounge between ha'i-past one AMI two
o'clock and went 10 sleep, and that when he
, ibid down the friends were all thcrc-wheu
lie awoke they were all gone.
c Up to this timc there Is no evidence OF
c quarrel between the prisoner ana me de-
o ceased.
: Something certainly occurred and nWok,
u Cam. When he awOke he saw NOolsel
i standing near his (CaDn's) head as &c lay o.
The Lounge and Costen near 10 WOOlsey with
!, IN striking distance, ald Costen imme diatelJ
u moved down tue ICON round the conner q
Ii the tablc-a portion VI corner OF the tAbl.
81 being between lhem-and picking upa CaIv
ing knife, lie shook ii at WUJlsly und said L
d Inn I'll YOU come al inc again | will Civ
N you this Or 81 will stick you viii
Is this" Wuosey replied, IL don't care
Id i1r you VI your kuiie, and advanced
r. step or two towards COsc en-, who immodi
81 ately moved out OF tic room iAto the enir
~ toward lie door leading into TIC back room
Is WoolseY saying Us he was 50 passing O4t q
Inc loom, II have taken tins Il ID sou Of
u hllch's abuse long enough" OF You d.
:. sou OF bitch, l lave ttkeu YOU abuse Ion
I'd enough lor the witness states The renal
N both ways Al the lime when MoO0sey ud
Il, YuuCed towards COsteu they were abUuj lOu
Iu icet apart Witness saw nothing IN deceased
: hands and DO attempt ur utlcr to suiki
lis Witness thinks that "betwetn tau time
10 Costen leaving tie room and lis Ltaiiug Oh
)h report OF tie gun, hC kind nj lost himself
lltei' but djts NO, lniuG It VAS ior moi
oil han minute. lie says IL another part
ne his evidence, "A7 near as 1 coul come at
nj about mint. eial Sod uetNeeu &, Gu
M going out %. tue tOnn aud TIC Icl OIL CT Il
81 gun Al Tie iluie the guu vas uIsChurg cl
IL NOo.sty was not moving he was standing
but step VI Two llOm ~ here Cam Ii 81 81
by him near his head. lie was standing whvl
u- he paused IN lis advance towards CVsle
= lie MAS rack By the load discharged 10
y nc he gun ia The ieit breast aud iell fist Whe
ne he stood and di,d almost Instantly. CUsit
ny CAME forward to HIM immeGiltcly and It
rs quested Cam 10 catch &c artery and stopl
Oh How OF blood, but 1t could mol re done. Can
lndiug that hC could not sep Tic How
" DOOd itlt TIE house, went ana aroused Il
ny Keeper vi The hotel, and, Is The lttlui's su.
Eeeior, went after d. lludlcls II vi
gu probably nom quallcr 10 hal,-iA5t thr
sal O'Clock WHEN WOODS WAS SHOT; tll Il
re Doctor says he was walked up by Cam
ny about quarter To lvur O'Clock uud rocte !,
hd immediately 10 Caulk's Luusc, aud upC
ms examination OF the body oi oolsey
"a found lim ulieaJy quite dead. At the tin
ny he Che D0cloD cutcred Ciulk's house
'n passed Cos'cn WHO was sitting On the d0
10 step, with lis ALad leaning Uu lis Land
ol As tue Doctor was about 10 leave TIC hJu
'ru COstpn told him That nc " Is hart aid To
re- WOolsey had stabbed him ia III. back.
.A9 worked his way, lhl Doctor h4ys, Into d
y room, and The Occur examine d TIC condili,
ny Of his back aud found an vac s4d wound ia
"a below the shoulder balv, ami betWe,
,h' that and the spinal coluMu--Iu urutA. abe
no one ibch and tlr-t-qu1lt Is, ANA lu Wd
- ebOul tuTee-qualteis UiAuiAcu. Thew
N at the time lie examined ii Was 8oMewn
,el swollen, and WAS IN lis best judgment
ne inch and a iall IN depth Immediately ait
10 :. Hrta. O..