Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1873-04-14

MURDAR BECAUSE THERE WAS NO MALICE-PRt
oEEDINas AT THE TRIAL.
Speoial Correspondence Of he Commercial
DENTON, ND. April H.
The trial of John Barwck, for the murder O
Thomas @. Arringdsle near Lewistown, in Tai
bot county, on the 30th Of October last, and re
moved to this county, was begun in the Circui
Court. yesterday before Associate Judges Wick
and Stump. George NJ. Russum, assisted b,
| Charles II, Gibson, Prosecuting Attorney fol
| Talbot county, represented the State, and Robt
j. Jump, l. O. W. Powell and b. II. Harrington
the defense.
DEEP PUBLIC INTEREST IN THE TRIAL.
The great interest manifested in the trial drew
/ together large number of persons from Tai
bot, Queen Anne's and our own county, and the
| court room so densely packed that iDgress
i was impossible for those who had business with
| the Court. About o'clock the prisoner was
| brought into court, AID the work of selecting a
| jury was begun The regular panel was ex-
hausted, with three men lacking to make up the
| jury and at 4 o'clock the court adjourned until
| g. when the needed number was obtained from
talesmen summoned during the recess
THE RESULT OF INTEMPERANcE.
The crime is ono resulting from intemperance.
As you will see from the testimony, both the
dead man, and he who took his life were under
the influence OF liquor at the time. They were
warm friends-"boon companions"
BARwIcK,
The prisoner is light featured, sandy-hared
man, with moustache and goatee. AS he stood
up in the dock, he appeared to be about feet,
8 inches in stature. His age is about So. His
countenance is hardly preposessing, though not
repulsive. He was born in Tuckahoe Neck, in
this county, and his parents, though poor, were
honest, hard-working people, They are both
dead, and he has but very few relatives now liv
ng.
The PRISONER BEING ARRAIaNED.
Plead "Not Guilty" when Mr.. Gibson opened
on the part of the State and presented TO the
jury the law as applicable to this case and
statement Of the facts which he expected to
prove. Alex J. Gadd WAS sworn as the first and
principal witness.
HOW THE KILLING TOOK PLACE.
Mr. Gadd's testimony was substantially as fol-
l0Ws:-
Was present at the scene of the murder, at
work; Barwick and Arringdale drew up in the
lane; Barwick alighted from their vehicle and
fired gun which he had with him; this was
about sundown. Barwick talked sometime and
reloaded his gun, remarking at the same time
that it was his power; Arringdale started to
leave but Barwick got ahead Of him and threat
ened to kill any man who startedlout of the lane
saying some one had his money; Arringdale then
turned his horse in the direction of the fence
and was in the act OF hitching it, when Bar
wick went around the buggy and behind the de-
ceased striking him with his gun over-handed
Barwick then turned round, climbed over the
fence and walked away towards the creek; wit
ness said to prisoner, "You have killed Arring-
dale" but he made no reply; pulled Arringdale
from under the horses suppose they had been
drinking
In his cross-examnation, Mr.. Gadd said he
thought that Barwick was very drunk. They had
had no quarrel that he was aware Of
Capt W. H. Smith testified to the accuracy
of diagram of the locality; Thomas Thomas
who was working with Mr.. Gadd, correlated MIR,
G /; and Doctors Anderson and Chamberlain tes-
titled as to the nature Of the wound.
Edward r. Arrindale, brother OF the deceased.
testified that the deceased was brought to his
house and died without movement in the posi-
tion which he laid him.
OTHER WITNESSES WERE EXAMINED
To prove the indemnity of the gun. with which
the murder was committed, the arrest, &c, and
the State rested the case. After a recess of |
made a statement to the jury, in which he ex-
pected to prove that the deceased and prisoner |
were bosom companions, and that the act was |
committed without the necessary ingredients Of |
MURDER there being
NO ''MALIoE AFoRETHoUGHr."
The examination of Witnesses was then begun.
and Levi Dukes, Luther w. Jewell, John r. /
Griffith Eli Gordy, W. A. Ford. Thos II. Ford, /
Henry Wilson, and others were called to testify Il
to the uniform good character and peaceable |
disposition of the prisoner.
Miss M. d. Barrett. daughter of the storekeep-
or at LeWistown, testified to the apparently /
warm friendship between the two men Just be-
fore leaving for home but said that both were
nnderzthe influence of liquor. They took a
drink in her presence. She saw them leave to-
yether in the buggy, and no disturbance had
occurred between them.
THE DECEASED WAS DRUNK.
Saml. J. Collins assisted in conveying ArrinR-
lale to his brothers residence, and he was con-
ident he was drunk.
Other witnesses testified to the intoxicated
condition of both Arringdale and Barwick, and
.he Court adjourned until O'Clock, this morn
ng
The rulings of the Court have been of the
most impartial character and the prisoner and
lis counsel as well as the gentlemen conducting
he prosecution have been treated with the ut
most courtesy aud in the most candid and un-
biased manner at all stages of the trial
]. II. L.