Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-10-25

not srictlyy justify III humsneiy overlooks It.
courts and iuries do not SIT as the avengers of
blood. II you are forced TO the con-
cluston 10 convict him of murder. il nav
come to your minds hereafter that public in ;tice
might have been subserved as well If we had
found him guilty of lesser crime. Every man Is
presumed TO be innocent until the contrary is
proved. IL Is useless for legislators to make
law. II is useless for judges TO charge the drv
law: Every case has its facts, and must b.
decided by the facts. The Judge closed with
stirring appeal to the Jury, urging them 20 take
into consideration all the facts Of the case as
adduced from the witnesses.
Mr.. Meloy followed, CONNIE ncing his arzu-
ment by abiding 10 the definitions OF murder
and manslaughter Snd the different kinds of
malice known TO the law. The government does
not rely upon express malice, but upon impied
malice, thereby throwing the burden of prooF
upon the prisoner to show that there was no ey-
press malice. Crime, sin and guilt all lie In the
heart OF man; the heart must have the evil de-
sign and the hand pursue IL. Mt NJ. considered
the law relating TO the condition of a mans
mind IN order TO form malice, and said that he
had serious doubts now il IL was not the duty OF
the jury 10 bring in a verdibt OF not guiltv. and
pictured the prisoner as An unlet5ered, untu-
tutOred, irresponsible man.
MIR. Harrington fol owed for the government.
and asked when would men be taught to respect
human life. The discharge of Jhe prisoner from
the army, stating the reason therefor 10 be
" mental iBCapacity 20 be q soldier" had been
brought III, but they should lot consider that
for it was simply the opinion OF a lieutenant
who was not a medical expert, and who had not
been orosS-eNsmined. Ii the prisoner is non
CcmIOS, they should have offered better proof.
lie claimed that ii the prisoner is guilty of man
slaughter, be IS guilty OF murder, and quoted
from Whartons Criminal Law-Smith's case.
Judge Rush: - tie that does al act winfully
does II on purpose, and rice rersG," and went on
10 show that even though the prisoner re-
hected but one hour, or hEe inmates. he
should be held responsible for murder:
also, Wharton on Homicide, showing thar
malice and fOrethought. under the two
heads, of intent to kill and intent to do bodily
Inn j., ,ars -,
woman with a razor on purpose then he was
guilty OF murder. He then citeu the facts, show
ing that the prisoner had held the victims head
back and deliberately cut her throat with a
razor. he held that IL made no difference
whether she was had woman or not, whether
she was true to her marital vows or not, he had
no cause Of killing her, though she may have
sold his furniture. Although aggravating. the
civil courts were open to him for redress
He then described the way in which the prison.
er did the deed-showing the fiendlike manner
first cutting her throat which killed her, but
also cutting her again and again after she was
dead. He is guilty of double murder.
Mr.: Paschal offered prayers for Instructions.
malice may be implied from the weapon used
and the facts connected with the case. 1t NAV
arise in five minutes, or may have been nursed
five years in the breast of the SLAYER. The iury
are 10 determine this from the evidence.
AT Las the case was given 10 the jury.
AT five minutes past two an order from the
marshal to the bsiifs TO run for the counsel
afprised the crowd that verdict had been
agreed upon. and few minutes later, amidst
almost painful silence, the jurors entered their
box. The prisoner sat with fingers together
looking blankly in the direction of the jury and
sec miDgly was indift rent To all around Five
minutes later the counsel appeared, and the |
clerk having called the jury, the foreman Mr.
John III. Stmmes, announce the verdict,
GUILTY, As INDICTED"
On the rendition OF the verdict, the prisoner |
showed no feeling whatever, and remained
standing until motioned TO a seat. The court |
" a. af plt q Cd
gathered about him 10 hear what he would have |
10 say, but not word escaped his lips until the
handouts were placed on his wrists, when he
asked for his hat. Quite a large crowd followed
him TO the isil gate