Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1871-11-24

pocket knives, one of them el)nging to the
deceased. DR. IIudders also testified TO Il
knife wound on Costen's back at that time.
! The Court took a recess till 3 O'Clock.
4 DIR. lluddcrs recognized the gun found in
the house after the shooting he probed Wool
sey's wound but did not reach the shot or bull
let Coscn is an intelligent man he kept an
office of Justice of the Peace in that Hundred.
Daniel b. WOODWARD testified Am and
was County Coroner, November 9TH held an
/ inquest ON the body of WoolseY in Chrstiana
! village Custen made voluntary written
4 statement which he signed and ! signed ailer
him. lrhc Stuie Attorney read the s'atemcn mt
10 the Jury The prisoner says he only IN.
tended to take nm arm of, 50 WOolscy would
George G. Gordon, Esq, opened the
case 10 the Jury on behalf of Cos
ten. There never was any malice be
tween the p isoner and the 4. ceased. Wool
sey, while in liquor at times used to have
deadly weapons ready.
J.. Butler testified Il bought my meat first
and COsien bought his afterwards took my
meat home and returned TO the party; pro
posed To have whiskey Mr.. Cosien and my
self furnished the money; got whiskey at the
| hotel Costcn did not want two of the men o
come 10 the house he said the house was not
his W0olscy told me to tell them come in
he would bear all responsibility | left there
+ near O'Clock left Mr.. Cam, Woolsoy and
| Coscn there the two men were ldcards ami
Bolton; len Coslcn and WO0lscy at the Ia
BILE; they were then friendly Costen sat at
the end Of the table Waolsoy al the side.
Alr. n bic Rick rds testified: Was in tue
house two hours when they had supper;
they wtrs friendly.
Mr.. W. q. CAulk testified: III ave know
| NO0lsey for S or 10 yenfs; only Intimately ac-
| Uuaiutpl wit IA linn ~ fpur vaures he tAtlrht
school IN Christine village about Two years;
Cpslcn has lived IN my house since March;
alter Is lathcr and mother went to Phila-
delphia induced COsten 10 stay In Christine.
oherd him u cOmmOdiuus office next or;
d, cea sed very often visited Cost since he
lived In Oslttown; the n GIT when WOolsey
came Ia drank COsten toIk him to il own
room and gave him his bad, while lac
(COsten) slept on sellte; W0Olsey some
times complained OF Coslen brow beating
him in Argument; afler Woolsey taught
school in Christine neatly year COsIen
solicited my aid 10 keep them from turning
W0Olsey out Of school; WOOlscy was re-
tanned another year and would have been
thrown Out had il not been for COsten; next
year there was stronger opposition.
Mr.. Cau.k here described his dwelling
house.
MI. COsten is a good shot; AFTER coming in |
nom cunning expeditions he would set the |
gun down In different places Of the float |
room AMI the room next to il; loaded or UNI !
loaded just as it happened To be when he |
come ihi lyci and bloody shirt exhibited
saw these clothes frat on the Sunday afer-
n)ou o. the affair, but am not certain these |
a'e Il same clothes; have heard them in |
violent Ills ;ussion on politics and studies;
they were friendly Afterwards.
Mr.. James W. King aud Mr.. VIM. Kirk |
VOID also testified, but nothing material.
Geo. II. Bates, Assistant Attorney General, |
addressed the jury in behalf OF the prose
toni
II is proven that WOolsey lost his lie in
Christina village, Nov. 9th, before dawn OF
day, at the hands of COsten. 1t is for you TO |
determine the graz of COsten's offence.
You are to determine whether Coslen, in |
killing WoOlsey, is guilty OF deliberate
murder or merely OF mansaughter. Man
slaughter is killing a human being under
proyOcation, in hot blool. llis concession
TO the animal nature OF man. Law knows
no degree of delibcrallOn. II is In case
like this, where there has been hOmOcde
beyond doubt, that ii becomes necessary
tor C0nrts aud juries to distinguish carefully
between the grades IF crime and see to il
that they discharge the high responsibility
resting upon them, in such manner as there
may be no cloak thrown over actual and
positive guilt; thattho Commandment "Tnou
shalt not kill" shall be observed and every
offender punished. From the use of deadly
weapon, the law presumes malice; because,
the use OF deadly weapon is to. take hfe
The deceased went TO the house Of VIM.
q. Caulk, where the prisoner lived, to
prepare and cat meal. 1t is ON the first
ana last scenes of this Tragic drama, that the
curtain is drawn open TO MS
Here the reporter was obliged 10 prepare
his notes for the printer, and tue case
was still pending when the JOURNAL went to
press last evening.