Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-06-14

lvoldance, were not true. That pleas In
,snfession and avoidance were where tie
party confessed the fact, but introduced
which DESTROYED It's force.
The prosecution was DO ind to prove all
he essential ingredients Of the crime of
which are that
/. A person of sound memory and dis
cretion. 2. Unlawfully kiilelh any rea-
sonable creature 10 being. Under the
peace Of the State. 1. With malice
expressed or implied. And
he wopld hold them strictly to each and
every OF these propositions.
He said that while malice could be
proved by the presence OF a strong motive. |
the State had wholly and entirely failed |
to prove the existence Of anv motive
whatever. They had shown BY their own |
witness that up to the morning Of the
homicide West did not know one of the
Tunersl from the other, (there were two
II. G. aud Jo-Rep } and the State could
certainly not contend that West would
want TO kill man that be did not even
know, simply for the sake Of killing him.
There must therefore be some other reason
assigned and the State officers had limited
at one, one that be did not believe the
Jury could for one moment consider
was the true one. The State had
limited that the motive was to obtain
the $4,000 for which his life
was Insured. Certainly tits could not
be the motive, for either West must ap-
pear himself to Claim the money of the
insurance companies, or some one must
do II for him.
Who for an instant could suppose that
an insurance COMPANY would Day over
the money to the man hlmself1 The thing
was too absurd for an instants serious
thought.
If, then, on the other hand, some one
else must make the claim. who, under
our laws, could do III He would not In
suit the manhood of the Jury by suppos-
ing for one instant that they would be-
lieve that the wife, whose heart was now
bleeding and torn, at the thought of the
death of this man ut her husband s
hands would be the instrument by which
he was to reap the fruit OF bis fraudulent
and criminal gains, vet to her. under our
law, the administration would be given,
aud to her alone conld the money then
he paid or If, indeed, the wife should
waive her right to the admins
traiion, who then would our Conrts
appoint Why, then her father
I
had be done that such charge should bf
brought against hinl Had not Mr..
slay always gone In and out before
them as an honest man, aud wat
he now all OF a sudden to beeomt
a tool, TO cheat the ln'urance compa
MES In behalf of a rendgade son-in-law
or wonld the old father In Sussex be the
lone who would do this dishonest act
Had there been aught In this case Il
show this3 Aud would the officers dar'
to make these charges lie though
that they would not dare 10 do so. III
then addressed the Court upon the Law
relating to the burden Of proof, and In
sanity, and was upon these points, when
at 0 o. m, the Court took recess unit
10 a. m. Monday.
DOVER, June 9th.-Court met at l
O'Clock this morning, counsel Tor defeuc
continued his argument commenced o.
J Saturday.
/ The defence occupied the eutlre day i
; quoting from many different authorities
! the law bearing on the subjects of SAINT
= and insanity. What Il known as West
= museum was brought into Court by cour
D sci for defence to further illustrate IN
/ proofs rendered of the prisoners insanity
5 Mr.. saulsbury's closing remarks 70 u
&; Jury were pathetic, and cannot fail 10 I
/ Impressive. He spoke TO them OF u
very solemn duty they had TO perform
. and hoped they would render mercli'
n verdict.
: At715, the Court adjourned Till
e O'Clock tomorrow, when Attorney Gel
n eral Lore will commence the cloelr
argument for the State.
J. Down, Juue l0th.-The West trial hi
d alrnost reached its conclusion. Oharl
) B. Lore, Esq, Attorney General, clos'
l. the argument to-day, In an able spee'
b for the State lie followed the eviden
for the defence closely, and showed this
n according to their testimony, West hs
ID from his childhood, practiied deceptl'
I'd In eyerS phase of Lille that West Il
ut shown himself, by his actions, to be
cold, callous man that he attempted
ID dishgure Turner's body for the purpo
I'd of passing him off for that OF his ow
X to gain the Insurance on his lie u
st from the descriptions Of where the BIZ
IL was dealt upon Turner, 1t was imposAi'
for that blow to be given 10 selt-defen
w aud that West must have struck TurI
f'om hehind that ev' ~ act OF w
Vr showed an ingenuity that few sane III
an possess. The putting out of the fire
y all that saved West from carrying out
as hellish plans. He placed coal oil, pow!
and other eombustible matter in u
ed room at the risk of destroying the II
NV of the families living on either side
ZEN Vests office. He spoke of this crime
lid the most barbarous In the annals oil
up country.
Ias Atsp. m. His Honor, Chief Just
10 Gllpin, commenced reading his charg'
tue Jury, aud occupied two hours 10
est delivery. The charge pointed to me
the many cases OF law 70 consider. Inc
ac- thorities quoted by the counsel for dcfe
IN reference to medical iurisprude
IN. were not considered by this Court
A. authority TO control their Judgment.
q. cited law to bear him out In the idea t
vas insanity must In this ease be proven
the defence, and that momentary insa
fed does not excuse man when he dot
like criminal act. II II were so held u
would be an absolute immunity 4
V. punishment for crime committed vi
r. anv species of insane delusions, altho
Test such insane delusion might not In
wise or degree impair his mental capu
dine 10 distinguish between right and vi
any Id regard to the particular criminal
tier charged against him. II he Is cap
.vid- at the time Of distinguishing the !
and the wrong of that particular &C
he understands and knows that that
on is wrong, he Is held, according to c
osed sound principle Of morals and law,
cess responsible but If, on the other b
X. he is proven not to know the difel
,vest between right and wrong at the TIL
eral the commission of the act, he shou
and held innocent of crime. The first
anon cardinal rule Is this, every person If
moi sumed to be saue and to possess a
of Of cient degree of reason to be respor
,,,sre for his crime until the contrary shi
~ proven TO the entire satisfae ION Q
onv. Jury. The Judge dwelt for long
,aiIy in giving his views upon different au
wbo ities in regard to insanity, and then p
- NO on to the plea of self defence, stain
nroof actions that should control man IN
pore. defence. The jury retired at p M
1st he at the hour OF IL M, have not m
iisin- verdict.
the PRISONER DECLARED NOT O.
ON TEE GROUND OF sFLF-DEFRN
,hot DOVER. DRI., June llih.-ln the
,,,aso murder case the Jury returned "
u AZ, A. q o'clock this morning, Of "not |
Id do on the ground Of 'seitdefenee'"
man The prisoner was remanded to Gu
al far and will be tried next October und
3 was Indictment for arson.
barge s.DDv,Tv-flu Sunday eyenin
err and our el.lIens WI ~ he snSden
d be tne snuou ., SanSs Nj. LANES
here, nv "" -, NJ niynn hoarde
affect oi lils NJ. NJ nivcn and n
upon 9ls saS s,aI ra' last shont o'clocl
bound ny Oo ua'.o an in a hook case. W