Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1871-11-28
COURT PROCEEDINGS.
NEW CASTLE COUNTY.
THE COSTEN TRIAL,
ARGUMENTS OF THE COUNSEL
FRIDAY, Nov. cath.


for his act and he cannot be eXcu- in
ed hy any previous provocation and that the m
aw recognizes no particular length of time as v
icing necessary for q cooling time. n,
2nd.-That if the prisoner with such dellb- n
ration discharged the gun with the intention
# striking or manning the deceased and the il
esult of such striking or manning was death, d
hat in such case, the crime would be muir a
Ter. l
Deputy Aiiorney-General resumed his /
argument On behalf OF the State, and made \
a powerful and telling speech, which had /
an evident effect on tie jury, showing how,
according 10 the statement Of the prisoner i
himself, he was sober enough TO form de.
liberate intention TO MAIN the deceased, ana .
that, according to the same statement, 1t was
moi until he was returning with the gun In
his hands that lie alleges he felt the cut in
his back which caused him 10 determine 10
shoot off Woolsey's arm. Mr.. Bates further
claimed that had the homicide been the re-
sull of sudden passion the deed would have
been done whilst Costen had the knife in
his hand threatening Woolsey's life. The
change of weapons gave evidence oil dehber-
alton.
In closing be requested Inc Court 10 charge
the Jury that If the deed was committed |
with the Intention 10 main, and resulted IN |
death, the crime was murder
George G. Gordon, Esq, counsel Tor tie !
defense, spoke at length and cited various
authorities and instances. To be crime OF ,
the grade of murder, the offence must be
committed with intent to kill or TO commit
an act punishable with death. See 30 Green
leaf, page las, sections As and Al. The
| life OF that prisoner is u weighty responsi
bility hanging on me to-day. There IS no
doubt but thai the prisoner fired the gun aud
made the fatal shot. His punishment will
be continued through life. His life will be
| A long lingering miserable one. lie has
destroyed lis friend. He killed him. Muir
der is when a person in sound memory and
discretion unlawfully kills any reasonable
creature, or being with malice atorethought
| either impressed or implied. The Chief
Characteristic OF murder, distinguishing ii
from every other homicide and therefore re-
quired TO be proven, is malice aforethought.
| This term IS not restricted 10 spite towards
the deceased, but that general malignity and
recklessntss of the lives of ersOns which
proceeds from the heart void OF just sens,
of social duty and fatally bent on mischief.
Had the prisoner Costen malice in his heart
when he fired this gum This prisoner
stands before you to-day presumed TO be
innocent. He stands with an unblemished
character l would irample under foot un-
principled statements In newspapers which
lend to prejudice the minds OF the public
against the prisoner. The Jealousy and
humanity of tue law steps IN in behalf oil the
, prisoner. II is better that ninety-nine guilty
men escape than that one innocent man
suffer punishment. Acts arc as expressive as
words, aud often times more 50. Look al
Cosien's kindly acts OF friendship through a
, ptriod OF years towards Woolsey, Can such
heart as that be guilty OF malice Up TO
{ the day OF his death, he was engaged in
I acts of kindness towards this friend. He
had been out shooting birds for his hiend.
l. When Costen sought TO have stopped the
life blood flowing from WoolseY's wound,
did that indicate malice Had lie been
! allowed to carry out lis own design, this
: unfortunate event would not have occurred.
He was interfered with by Others. lie did
: not want the party. Mr.. Butler proposed
u that whiskey Should be added ~ the feast.
y 1t was the deceased who suggested TO have
? supper not the prisoner. Tie deceased
took the responsibility on his own shoulders,
|. and said the company should come. Are
Won not, gentlemen of the jury, satisfied
u that no malice existed Our State Legisla
y ture few years since determined grades oil
u murder, There is void in tue evidence.
- Where man is IN phIeLsy lie has no de-
Liberation tor malice.
Mr.. GOrdOn's argument was Of consider,
1, able length.
1t Attorney General Lore then addressed
= the court and jury. lie said il was the
arguments, and apply The evidence given Oh
= lhe witness stand, and the law iiom ta'
. Couit, and then eliminate the truth and
y true verdict give The State docs not slaul
., as a prosecutor, thiistng for the blood 0
y any man. She is a kind, indulgent mother
II she PUBLISHES that the lives may be protected
n She even throws her arms atodt tia
:, prisoner. The State comes not to ptrsccuu
AZ tut simply help YOU get tic thu h. One 0
! he "A etQ a cd han lI ID
u quent alterations; that the prisoner "a
80 Llbited a wonderful control Ul mind. Con
p trOYelsles between them had frequent
l.. aiken place. In many respects they ma
IA nave been friendly Costen prepared Ia
- least as on special occasion. WOJlse
IL came only as guest, and without M alice 3
." lis heart. W0Ulsey was not TO blame ~
~. the company present at that suIp-r lii
- mouth Is now silent III that sieCp Whic
- knows NO awake ming. The Slate preslu
10 you no one side in this CASE il anything,
~ is IN iaYor OF tie prisoner. Tue only peI
=. sous WHO saw the tragedy were Cos .ei
Z. WoOlsey, William Thomas Cam. (CUcuj
y stances nUteG.)
What was the crime commit ed : Il
=, lact that CUsten shot W0olsey there IS d
> question. (Ilonicide, muusl ,ughltr UL
~ murder were defned.) In this case thel
a, were was exercise OF reason aud time ior ii
- liberalioni the adoption Of means TO the en-,
= 1t shows Whore he throws away the Gavin
=" KNIFE and takes the gun. lie had cholI
Of weapons. Woolsey's pocktt-knife ",
T.. found In lis pocket. II you eau say lh
~ man Is guilty OF manslaughter, tpe state
~ Delaware is with you.
~ The arguments were here concluded, an
a. a. The Cniel Justice proceeded to charge d
&c jury.
THE CHARGE TO THE JURY