Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-10-04

taking q i could IN no wise Be even thought Of
This woman was killed, brutaily killed, SGT
upon while asleep, torn and mSnElSd-torn like
= savage would tear his onomy-and she .
Gomap, sacred BY her sex, by the form OF her
physical being, 70 AL male eyes. Whatever The
verdict might be, n could not close up one Of
these aAping murderous mouthG Tho CHASTITY
aocompanlmenta cane TO the Jury with this case.
llo you'd not arralgn tho law for he had
that each tutor was asked II he had conscious
scruples on tho subject Of capital punishment
showed that there was adoubt on the subject 10
thor than that; who held that the command Of
0od, Thou shalt not kill" Rppled as we'll TO
Governments as 70 individuals that u nine men
II nine hundred could not, then nine hundrod
thousand could not give right 10 do 50; but he
would not discuss the policy Of the law. But he
Sa ss SoS o. 5 ss' Sy % ssT
cases whore the death penalty might come to DO
administered. Not only was reasonable cause
Of objection considered IN empannellng the jury,
but twenty could be challenged with or without
cause, showing how cautiously the law looked
upOR the death penalty, and how mAAy chances
It was willing TO give In order that II might DO
avoided.
Looking at the case 10 this light the Jury
might follow at once tho dictates Of law Of hui.
inanlty. sane man Intending TO commit muir.
intention to everybody. Guilt or . guilty In.
tenuOn inado man wary and fearful. Tho
bloody murders that startled the people came
suddenly with promotion 2 the public car.
murder. Such adeclaFation Was either evidence
OF sudden passion or Of insane Impulses.
Mr. II, then examined the circumstances Of
the case A. showing that they were all such A.
excluded the idea Of generalization. No means
Of homicide; no means OF escape, nothing was
provided. These circumstances proved that on
contToIlable Impulse to xii ths woman who had
slept In his arms during the night solIed him.
Perhaps, indeed, no such Idea presented itself
BocEWltb. II he had promedltaIed the killing
there was the knlIe on tho staircase, which no
must have stumbled over coming In and going
out, ready at his hand, but Instead Of taking d
weapon that would mot have pointed at him as
the slayer; no goes across tho street, borrows a
oloayer, and comes back and cuts, mangles,
wounds In twelve places woman, his wife,
without cause, and then makes no attempt u
escape, but goes up tho street towards his usual
place Of business, and when he hnds himself as
ne comes back 70 his senses, wandering 10 The
officers aud delivers himself up.
Ho Is In tho clutches Of the law, friendleas and
alone. No mother Is noar HIM he has no father
efforts, and the case IL with the Jury.
ARGUMENT ron THE PROSECUTION.
MIR. Harrington said that no man ever stood
q this bar delepeelels; II was 70 the glory Q!
| aud energy OF their nature, oamo at the call OIL
tue law 70 stand By every prisoner aud see that
all tho defeuces Of the law, all the true charities
| u nature shall be exhausted on behalfof the
| criminal before no is condemned. The law Is
tho criminals friend. when that deserts him,
tho Lord have mercy upon his soul. Jurors bad
nothing 10 do with the death penalty. The
great command, whatsoever Shoddeth mani
| blood" has boon embodied In the law four thou.
sand years The oaths Of tho jurors s.Ood be
SstS and tss iHS POs o. SsS
sworn TO make in this case, regardless Of th'
| cOnsequencas.
the only question was. DID jenkins know
show that he was as sensible on tho morning o.
the murder ~ At any time 10 his life. He goei
across the street, refuses hammer which d
cloiTsr; comes home 70 bis sleeping wife, thI
/ blow falls, and with only one spasm0dio tWltct
| Laylnia jenkins gOes 10 her God. The defene,
S1G SSTd f9l: ne Sd 'hI 'S@PSsd y mend
mitted not with tranquility, but In passion
moved by the evil One-"mOyOl aud lnstlEAteJ
by tho doyl' was the phrase WhlOh the Law en-
| plOys TO designate the frame Of mind 10 which
| murders are Committed, Tue deed had beer
| proved. No man could doubt that jenkins wal
In bis right mlnd at the time OF It's commission
and the responsibility was with the jury. T.
| A recess OF ten minutes was taken, and At IL
close MI. Justice Humphreys deliver hi
charge 10 the Jury.
Judge Humphrey. ] don't SEQ any balllI al
all. Where Is Mr.. Phillips1
messenger was sent for Mr.. PHILIPPE, who
| came 10.
Judge Humphreys then addressed the Jury Al
| considerable length, saying, In substance, tina
II the Jury believed that the accus Od was able 4
resist, or that he ought 70 have resisted tn,
| temptation 10 commit the crime ha was guilt,
OF murder, but that u hts will was totally over
powered they should md him NOT guilty b!
| reason Of insanity.
| The Jury then retired from the court room.
In about ten minutes the Jury returned, ant
awaited the return OF the Judge Upon the 70
turn or the Judge the Jury rendered verdict 0
GUILTY As INDtCrED.
| Tho court then adjourned.
| The accused seemed little Affected at the yer
| diet, and as he was carried from tho court rOOn
stopped In the entry 70 light cigar. A lArg
| crowd followed him 70 the Jail.