Wilmington daily gazette., 1873-07-03
sGb.aE fAa MALIN6ArA 9aLkl:
HRnpErf 81 MNupER 81 THE sEcoNp nKoAaa

TEnDEcf OF MEuDER N TIE SECOND nE0A2a.
Mr.. OicOnor having Olossd his argument Cor the
defence Ia the Waiw0rth trial late Tuesday even
ing, yesterday morning District Attorney Pnelps
began summing up on behalf Of the prosecution.
Tha audience on all preViORs daya, consisted Of
large number Of the Prisoners immediate relatives
and friends and q crowded assemblaRe Of interest
ed strangers Of the better class. Tue District At
toney spoke for about three hours. He seoutod
the idea Of the prisoners insanity.
But 1t was said that he was not conscious Of
more than three shots, and the unconscious one
may have been the fatal one Was it to be expect
ed that this young man kept tally oa the shoth
under which his poor father fell, when another,
not an actor In the matter, was equally confused
BY the startling nature Of the OveRtf
But il was said they must not sullY the annals
Of the State with such precedent. He had Rup-
posed that the man responsible for the act was re
6pOnsible for the precedent, aud not the Judges,
who, cad and sympathiEiDg, yet prunOunee the
truth.
He who invites an encounter With dangerous
man is responsible for the act, here was in 6Very
view an invitation by the zen 10 the man whom he
regarded as q dangerous, bad man, not In the pub
lac hotel rooms, where escape was easy, but in his
private room, and there where be was nearer the
door and had the chance of escape. When there
was no word shown Of peace by the son, and no
word OF anger BY the father, tae rule should be
strongly enforced.
He was not deaf to the sympathy for the young
them strongly and earnestly OF their sworn duty to
judge honestly and truly the law and the testimo-
ny. They were made Ia this case their brothers 3
keeper. his blood came up 10 them for their judg-
ment, and II they failed now to give Justice, 1t
would come up agalnst them In the last great day.
He closed with an earnest demand that they strive
most earnestly to discharge their duty with truth
and justice, having spoken three hours and quar-
ter.
Mr. OConor then presented requests in reference
the evidence the prisoner cannot be found gnllty,
unless there Was in his mind deliberate and PIE
mOditAted purpose to kill, not . mere intent
TAE jurors CHARGE.
Judge DlachfOrd commenced his charge to the
jury at o'clock. Among other points were the
following:
ThsOe were the elements bearing on the question
Of the intent with which the prisoner left SaratO-
ga
whether he was resolved 70 shoot his father, or
resolved 70 shoot him in the alternative Of his not
giving sAtlslactoEy plsdges; In Sither case there
was the deIiberAton and premeditatlon OF the sta
tata. Ga the part Of tue dsfenho Il was shown
tSat the sum he borrowed was just about equal TO
Ais fare both ways and DAYS expenses; that be
expressed 70 his friSnd and to Mr.. AinSdell, and In
message 10 bis mother, his expectation Of return
ing on Tuesday! that he went to his fathers resi-
dGnca TO make the contemplated arTangemsnt %
oocO with him and retHfn the sane night TO Sarn-
toRa, and that his knowledge Of the Consequences
Of the act Of the killing Of his father ives not at all
opnsiHtent with such daliberataOn.
ItNas for the jury to decide which OF the two
things they were to believe Nevertheless, they
mast rOmGmber that It was unnatural to announce
such q purpose a. the prosecution claimed, nor
were these declarations wholly incOnsistopt with
the alternative purposes alleged By the prosecution,
and Of which he might hops to effect the mildeE
alternative
The Jury retired at4P. H., Gnd after an ah-
seRcS Of three hours, returnea at $40 r. M with
verdict Of ''guilty OF murder IN the OeC0na Ge-
gree"
SsntsnOs was postponed until Saturday usXt'