Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-10-04
BEFORE THE LAW.
THE TRIAL OF JENKINS.

W 49, W NN'AhN y NNNAAANt NAANNNN WIN
the murder Of his win, LAyinia Jenkins, on tho
18th Of May last was resumed yesterday at 10
o'clock Ten Jurors he'd been selected The day
previous and two remained 70 DO selected. The
following were called James A. TAFT, formed
opinion; John @. Aud, had opinion, WIN.
Henry Lee, accepted J. Schneider, cot aside
4. II. Bates, set aside Henry BraWnsr, accepted.
THH jury In TIE CASE
o This GS@glS,, o tAs RSos ne jaTE being
John I. Donaldson, George wilmer, FTSieTIck
A. West, John NJ. Dsylne, Andrew U, Plant,
Israel Domml9E, samqai Z. Douglas, Thomas
Henry Lee and Henry Brawnor.
| The jurors were then sworn, and the court
called upon council 10 proceed.
the OAak OPENED.
| Mr.. Harrington opened the case for tho United
| States with reference 10 tho unuaual number
Of homlcldes which have lately taken place in
we're to consider this case as total Ind epcndent
to accompany the defendant with the sweet
Of III" tEia bas when rIy sas s sgSGs rs
guilt Of the accused, that they would give 4 yer.
dict Of guilty without fear, favor or affection
| He then narrated the facts which would appear
on the trial. II would be shown that "a, ".
| jenkins was married to his wife, Layinla, about
i've years. that for some time they lived 10
peace, but soon dlsaenalon took place between
them, and at the time they separated, but aftoF.
| wards live again together, not however, with.
out constant quarrela and displays Of M temper
and when In the hands Of the otncers on that oc.
| oasiOn, Jenkins Avowed his purpose 70 Kill his
/ wife, and within two weeks OF her death, last
On the len Of May last the accused arose in
/ the morning, crossed over TO Mr.. BsckWIth's
and borrowed a butchers cleavcr. Some fifteen
the house, and VERY shortly amer that neia hbors
| who entered, upon observing the unusual an.
pearanco Of tho houeo, found Jayinia jenkins
| lying on the bod, her throat aplit from car TO
| car, and hanging only by tho spinal column
| her breast, arms aud hands horribly cut and
mangled, and beside the bed the butchers
| cleayer Of air. Bockwilh, which had been used
Ior tho foul deed, and lay covered with mattel
blood and gore. search for jenkins proved
vain, but in Two days he delivered himself to
| the officers Of the law and declared himself
| ready 70 stand his trial.
| Mr.. Harrington concluded as follows shall
ask verdict Of guilty Of murder, It is my i'm.
you the nature Of the crime with which the de.
| PENDANT stands charged; and In order to do this
with any satisfaction TO myself or assistance 10
degrees Of homicide known 10 our laws Homi.
eide, at common law, Is OF four klndg, technically
known az murder, mauslAughteT, exousable
| homicide, 1ustihable homicide. With these two
latter division you WILL I conceive, have nothing
10 do, since In no aspect OF the case can they be-
applicable. =. .---..-..-..--.
Murder IL the Willfnl killing Of any person
with malice aforethOught, either express or i'm.
piled. You viii Al once perceive that the dis.
tinguishlng feature OF this crime Is malice, and
piled. The malice Il express when there Is a
premodltAto purpose 10 kill. MRlioo Is implied
when the killing Is attended with oifcum.
stances which indicate great wretch ness and
depTAvlty OF disposition, a heart void OF social
duty and fatally bent Oa mischief When one
RsITsSGT AZ Gl - HSS' Ss.T With 'SSSs
evidence Of thls Is usually eircu mStAntiAI, such
as lying in walt, antooodent menaoss' former
| KTudRes and concerted schemss Tho malice IL
impIied rom Sny d.libsTSts, cruel All o1mmitisd
by one person against another, however sudden.
In other words, malice In ia IeFl ii sense denote
a wrongful AL done intenti5naiiy' or SItho1i
lust cause or excuse and when malice n oncS
asceftalned II IL PRESUMED TO e0nlinue down 10
the iataI ACT.
| MAualauEhteF IL Of two klndH-AFst volun
tary manslRuEhter. which "a the unIavpi LiII.
| ing OF another without malice or Gudden ouaT
rel or heat Of passion; second, Involuntary man.
amolntinE to felony, BY accident EiIiS another.
when the act which occasions the death Is un.
| lawful, yet n malice either 0NpTass or limited.
| be wanting lho kIiIinE 4 moi Wunlnr but a, ! ~
| sIauEhter the act being imputed 10 Tho In.
nrmity Of hnmnS nature. Neither veTdS az i ~.
proach, however grievous nor oontempluous
gestures without an assault upon tho person
| are SUFFICIENT 10 nee the party killinE win a
dangerous weapon from the guilt of murder.
but violent assault upon ones person, II il be
| resented i'm medlately and In the heat ar hiOoJ
| by killing the party with a weapon, IA a pfoyo,
| cation which will reduce crime 70 mRnslAuEhter
unless the assault was sought by the party kfi.
| INK anu Induced Dy MS Own act TO nfiOrN
| tenoe for WreakinE his malice
Under this Indictment IL Will be propsr for the
Jury to convict Of murder, manslauRhteT or 10
| acquit altogether, according a. the testimony
should bring the defer dant within one or M
other dehiitlOn Of homicide. 70 this evidence /
| invite your serious attention and aSk the EulJ.
| ance Of Him whose name YOU nave Invoked
that He will guide and oOntrol your
% that equal and exact justice shall be metsd
out between this defendant and tho people, 50
that on the one hand you properly guard his
liberty, and on the other preserve the dignity Of
| the law and protect the peace OF this oOmInu.
nifty.
THE DEFBHCR RESERVES IT'S or ENINd.
Mr.. Riddle said that the defendant would re.
serve his case until the prosecution had Gre.
sontod Its evidence.
THE TESTIMONY.
Dr. Hartigan was called for the Government,
and testined as 70 the post norton examination
Of LaylniA jenkins on the lIth Of May last;
describing the various wounds, The cut 10 the
throat alonP would have caused death Instantly
| Mr.. Riddle, There can be no trouble Abou
the cause Of death.
Mr.. Harrington. Then 1 will not call tho
other physicians
Onicor Guy testified that on the llth OF May
last he found the woman lying dead on the bed
she was spare woman about twenty years old
she was much wounded, and bloody. Witnets
q I Lett . ha D - l.N