Wilmington daily gazette., 1873-06-09
THE5 WFSr FRYAf,

THE ARGUlEENrs mr. c0uNsKn-THE CASH PRonA-
BLT TO BE GIVEN TO THE JURp TH1s EVENING.
80 DOVER, DEL, June l.
After the opening OF the Court, this morhing, \
George H. Bates, Esq, Deputy States Attornsy, I
resumed his argument, during which he reviewed
the testimony submitted by the State for the de-
fcpce, and contended that there vas 10 evidence
10 show that West was Of unspuna mind either
batore or at the time when the murder was CON-
mittad, nor did Vests conduct, except perhaps
on the day after hn prEest, show that he was in
saae. MI Bstes fhftAeF ceatehdea chat the idea
OF Wostb insanity toNla never have entered the
mind Of his mother and relatives, il the crime of
murder had not been committed. The State At
toEney then referred to the fact tsat West had been
considered sane by the people of Dover, whose
children he had taught, his friends aud associates
and by those with whom he boarded. The Jury
had nothing to do with the question of insanity,
If they believed that Wust was conscious of per-
forming n wrong act at the time he killed the col
ored man Turner
Mr.. Bates rapidly reviewed the salient points OF
the evidence which be had before commented
upon in detail, and then addressed himself 10 the
enormity Of the crime and the necessity imposed
upon the jury to require of the offender speedy
explanation.
Attic conclusion of Mr.. Bates remarks, a halt
hour after court convened, Hon. Willard Sauls-
bury, counsel for West, commenced the argument
for the defense. In substance he said that since
God commanded his servant 10 write the law on
Mt Sinai no man had been more persecuted
than the prisoner at the bar. But now this per-
secuton will cease and the responsibility of doing
justice to unfortunate criminal is shifted TO the
jury. What the verdict will be makes little dill
ference to hum; for should he be acquitted, his
eyes will never rest again in joy upon the foliage
of these June days an the beauties Of nature
His doom is a gibbet or shame. ln his youth he
was noted for order and quiet, and no man ever
jumped with single bound from the pinnacle OF
honor to the depths of disgrace. Let the State
produce q single instance in which man has
suddenly pas Sed from morality to villainV. We
can almost hear born on the summer breeze the
breathless sighs with which an anxious family
await the issue. Let not the jury add a further
weight to load Of care that now weighs to the
earth fond mother and agonizcd wife The
prosecution have mistaken the nature of the de-
tense. The prisoner admits nothing, neither the
confession said to have been made by him, nor the
killing. He pleads "not guilty. 10 every branch
OF the indictment. And now consider under
what difficulties a criminal labors in this State,
IL he be convicted there s no ledress-no court of
appeals-no writ of error can he avaiied of while,
on the other hand, suit for So may be recon
sidered.
The alleged confession made by West was not
confession II vas only statement Of words put
into his mouth, and then written out by another
The State has not shown the body was that OF
Cooch Turner exceptby this declaration, and with
out TINS the State has not proved the corpus dlic
Il. West need never have opened his lips No one
Turner or the body Of a subject which he might
have procured from Philadelphia. No Jury would
then have been IaVted TO try Isaac G. West on the
charge OF murder. "He lied devilishly," we are
told. Nay be be did. He lied about everything
except what would hang him. daughter The
alleged confession is an impudenE public falsehood
not Intentional, perhaps, but tAlsehood never
theess. If the jury asked to believe that West
killed the man, they must be suffered to accept his
explanation Of that killing. The jury must lay
aside all the irrelevant matters that have bean
thrown around the prosecution. They are TO try
Isaac west for murder with malice atOrethOught,
not for cutting on negros limbs.
Mr. SaulsbuFy then argued that no malice was
proved, and none could have existed, since West
did not know Turner two hOurs before the homi-
eide occurred.
he spoke hyo hours aud halls, and will prOba-
bly, conclude his argument on Monday morning.
he viii be followed by Attorney General Lore,
who will close the argument for the prosecution
Ihe ease, Is presumed, will be given to the Jury
IN thu evening, and it not s thought that they viii
be long in arriving at 9 verdict