Wilmington daily commercial., 1873-06-12

ringing was to call the Court together TO hear
the verdict whether it be life or death for the
prisoner The Court assembled, and quite q
great many people had collected, when the officer
OF the Court called the jury" Guilty or not
Guilty" The answer was waited for in death
like silence, when the foreman answered not
guilty, on the ground Of self-defence" There
was no unusual demonstration made but to many
this verdict was disappointment, and many are
the severe criticisms upon those twelve men.
The feeling against frof. West has always been
very strong, and there were parties, 1t is said,
who were willing and anxious to contribute
funds to assist in paying counsel for the Prose-
outon.
The prisoner was Immediately recommitted to
Jail to await his trial for Arson. which will take
place next October at the fall term Of the Court
OF Oyer and Terminer
And so the West Trial is over.
The Pith Of Judss Giipln's Charge, In the
West Case.
Judge Gilpin who delivered the instructions,
said hold that this is one of the most impor-
tant cases ever presented in the State Of Della
ware. The circumstances of the killing and the
cruelty and atrocity of the crime were rarely, If
ever paralleled In the history Of judicial pro-
cesdings in this or any other country. 1t is not
my intention 10 Tespass upon the undoubted
province OF the jury TO determine the guilt or in
nocence of the prisoner, hut do assume to dis
sipate from before your eyes the mist that has
been raised by the pflsoners couhsei Wieh ho-
gard to the person killed.
/ assume that West killed Turner, not only be-
cause he has admitted the commission OF the
aot but also because 1t ie apparent TO the minds
of all who have considered this subject that Tnr-
ner could only Lave come to his death by the
hands of West. The proof shows that Cooch
Turner, the alleged victim, was last seen Monday
in the company TO prisoner. Thursday morning
Vests office was discovered in flames. and a
dead body was found in his room confess mat
n, n
of West, but Turner was also missing, and when
a head and the hands, feet and skin, which had
been dismembered from it, were found, they
were recognized as parts OF Cooch Turner, ana
sworn to by a witness on the stand assume
then that it Is settled that Turner came to his
death by the hands of West This determined,
l will consider his pleas in exculpation-self de-
fense and insanity.
And with regard to the plea OF insanity, expres-
ly charge YOU that insanity is only an excuse for
crime when it totally deprives the party OF bis
reason, 80 that he is incapable OF Judging DO,
tween right and wrong. The question is not
whether the prisoner-w was insane on any mat'ei
whatever, but rather whether he was insane al
the time and in respect to the nature or the act
committed and charged again him. The burden
of proof rested upon the defense TO snow ne
was insane, and the prisoner is to be considered
sane unless you have been convinced OF tne con
trary beyond reasonable doubt. That ne wat
laboring under q deluelon with regard TO the
value Of his discovery in the manufacture OF
| gas. or the Importance and profitableness likely
| to follow from establishing museum, does mo-
| show he was insane in regard to the taking o
human life, ..
| The question is not whether the prisoner 9
| father, many years ago was sad or eccentric
/ man, or even insane, for that would not sho"
i that the prisonsr was legally trresponaipie IOl
| the death Of Turner. The question IL was ne
i aware of the distinction between rlgnt a.
wrong with respect to the particular act chaIBee
at that time. And the answer is not 70 be givei
| ia the mere opinions OF witnesses. Ii he was
he is guilty Of murder, no matter what delusion'
he entertained on other points
Now, AZ to the plea of self-detence, ~ 10 pro
per to keep In mind that the deceased was II
| Vests office rightfully and by invitation; ant
| hat this ground of defence stands solely am
alone upon the statement OF the prisoner hlin
aelf. without word or fact of circumstance u
sustain or corroborate it. The jury may belleV
that part of the prisoners confession in whlc
he admits the killing, and rel, OF that part \ y
which he states that he killed Turner IN sei'
defense .,
In determining whether the statement that "a
| act was done In self-defense be true or not, th'
| iurv should Determine whether 1t is probable o
| improbable in itself. and whether It 10 neon
aistent with other statements OF his, made
| other times would remind the jury that slnc
| his arrest West has made conflicting statement
| with regard to the cause for which he commute
| the deed, and the manner and the instruhnel
availed of, 1t is also proper to remember ena
West WAS strong and robust at the time, ana II
victim was helplessly drunk, made 30 Dy nlin'