Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1873-06-09

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ON SATURDAY
81 ID 't ~ Dover, June
This morning. upon the opening of the Court,
Deputy Attorney General Bates resumed lhih ar
gument, during which he reviewed the testimo-
ny submitted By the State and for the defence,
and contended that there was no evidence to
show that West was OF unsound mind either be-
fore or at the time when the murder was COM
mitted, nor did Wests conduct, except perhaps
on the day after the arrest, show that he was in
sane. Mr.. Bates further contended that the
idea OF Vests insanity would never have enter
cd the mind Of his mother and relatives, II the
crime OF murder had not been committed. The
State Attorney then referred to the fact that
West had been considered sane by the people OF
Dover, whose children he had taught, his friends
and associatea and by those with whom he
boarded The jury had nething to do with the
question OF insanity, IL they believed that West
was concious OF performing q wrong act at the
time he killed the colored man Turner.
Hon. Mr. Saulebury commenced his speech
for the defence about ii o'clock, and continued
during the day, with short intermission for din
ner. In commencing his address ne said that he
knew and felt his weakness, but to the extent of
his humble abilities he would perform his duty
to the unfortunate prisoner at the bar and try to
slow that, by the law and testimony his client
was innocent of the charge OF murder So firmly
did he believe this fact, that ho had no hesita-
ton in saying that il he was on the jury he would
see the court house crumble aud fall before he
would consent to a verdict of guilty. The speak
or then with much eloguence and pathos, pio-
tured Vests early days, the innocence of child
hood and the integrity of his life after
reaching manhood, and SAID that there
was no record OF any man. since the
days Hwhen Moses promulgated the
lsw OIL Mt. Sinai, having jumped suddenly from
a high moral stand point, to that Of wilful
criminal, and at once become the basest Of man
kind. The speaker contended that il West was
sane when he killed Turner, it was in self-de-
fence and that il insane the character of the
offence was not changed, and looking at il in
either way the killing was not murder in the eyes
of the law, because no malice aforethought, i'm
piled or expressed was shown. He also con
tended that there had been no evidence outside
OF Vests confession to identify him with the
murder No one Of all the persons in Dover,
who knew Turner, had identified the body, ex
cept one man, known as an expert life insurance
agent. 1t was not until after Vests return.
that the head body, skin and hands of
Turner were found. and only then by the
directions of West. There had been no evil
dence to disprove Vests confession. and there
fore his plea Of not guilty was the true one The
jury in considering the confession had no right
to reject the part that favored the prisoner and
adopt the other. but it must be taken in all its
parts 30 far its credibiity was concerned.
The speaker contended that no crime was ever
committed by sane mind unless there was a
motive. What motive, he asked, could be as-
signed for the killing of Turner None had
been proven and only one suggested, aud that
was that West had an insurance on his life for
s25, 600, and Turner was TO be killed 80 that the
money could be obtained The speaker ridiculed
the idea AZ absured and not worth the consider
alton of the jury.
The trial ii is expected will be ended on Mon
day evening.