National Republican. (Washington City (D.C.)) 1872-1888, 1873-10-11
TIE HUSSEY MURDER.

MIN: Bstta AMI went 10 see WA; asked VIII
about the affair AMI he gavc,his version anl sail
there were two colored boys who saw u all and
could tell, think he mentioned the name "
Sims; he said In suhstance that he would get the
boys for us, and that they both saw the Array.
Cro-s-examincdi Cannot repeat the words Mr..
VIII made use OF.
Mn. BELTS TESTIMONY.
MI, Belts: Know Mr.. VIII; went with General
Henkle on the occasion referred to; VIII catue
out and male his statement IN repaSi to The am
Guilty; he said both colored boys were there.
think he mentioned both their names. said he
would see them both, and lx them both.
Cross-exaiuincd: Am an Intimate friend OF the
accused. E'.'s 90
DR.. uARrIGAS RECALLED.
DR.. 1tartigan recalled Was acting coroner at
the Inquest OF MI. linssey; have In my hands
statement OF Mr.. wlllI testimony, u substance.
ment; II is In my own language to great extent;
especially It Is not exactly his words, as he was
a German.
Wc.direcf: Il "a correct In substance.
Tue District attorney admitted that before the
coroner Mr.. WIN male use OF the wordA, Don't
make a disturbance here"
Nc Williamson: Know tae defspiaat; has
lived ia Mobile; am acquainted 10 New Orleans
and Mobile; always considered the accused a
Cross-esaInined: Never heard his character
discussed prior to THIS occurrence,
Re-direct; Ito was accepted In tue community
a. man OF peace.
TESTIMONY ~ Nh. KNOX.
Mr.. Knox: Reside In New York; manufac-
turer OF hats known Mr.. Slater since 1884 In
innate since that time everybody has spoken
well 81 hun lived at me Metropolitan hotel
Mr.. q, HAYS: Member Of Congress from Ala
hama; known defendant from boJhoad; 20 IRE.
aiently TO Mobile evlJ winter; HIS general
Court adjourned Al b.f.past one O'Clock hn,ll
half-rast two.
AFTERNOON SESSION.
The District Attorney admitted In evidence the
certificate Of thu Assistant, warden Of the jail,
To the effect tina, II. II. Slater weighed but one
hundred and twenty eight pounds.
Judge Rice then announced the testimony Of
tho defence as closed.
ARGUMENT poR rus rsosscrrlos.
Mr.. Evans, on the part Of the prosecution.
then spoke as follows: will try to give Judge
Rice and the gentlemen on the other side as
teud that dope n. slater Is guilty Of marlrr
upon any theory that you have heard advanced.
Upon the Testimony OF their own witnesses you
must ind Hope II. Slater guilty OF murder.
Now, what are the tacts that you nave hearlg
think they are Substantially these: On the
night Of the 9th August Nc. Hussey, with some
OF his friends, went out IN the SchuetZen IN this
city. They were Their, enjoying themselves until
into The sool Of one M. WIs to1saxe, Is Inc
Witness SAID, one parting dTlnk.
When they went into this booth they found
Mr.. Brown. Mr.. Hunt, Miss Lizzie snow, Miss
Agnes Howard, and the defendant, Slater. Mr..
brown introduced the pariles, giving special
Introduction In the case Of Mr.. Slater introduc-
ing him a. thorough't reh-"one of the boys"
as the witnesses sad. Tney called for . bottle
Of wine, and I believe drank 1t, and then MIR.
Hunt, Miss Lizzie Snow, Miss Agnes Howard aud
Brown, as the witnesses testified, went out. Az
mes Howard returned aud asked the defendant,
Slater, TO 90 out with ner. Some one told him
not 10 no, aud he declined going. She came back
and pressed him to go with her. Mr.. Hussey
duced as thoroughbred, and u you are thor.
oughbred you won't go and u you do 20, wi.l
take you BY the ears aud INIT Iour brains out
Now, gentlemen, all the witnesses Of the Gov.
eminent testify that this was said In jocular
manner; that Hussey was laughing. He did not
say y In z loud way. but IN 2 plaSial nanny en-.
and remarks: 81 will show you how you viii
butt my brains out" and advances, and imme-
dlately sticks him with knife. The witnesses
testify that Hussey retreated, war,ling on the
blows with his hands, Till, about twelve or four.
teen feet from the table, ne fell down, both fsll-
ing together. That Ia all, gentlemen: that Is all
the case. All the witnesses Of the Government
testify TO that positively.
Now, what do the witnesses for the defence
testfyloi They testify TO those facts substan.
tialiy, INT say that this defendant did the cut.
thug, llussey was standing up and he was point
ing his tnger Mt hun, and instead OF saying nc
would take him by the ears and knock his brains
out, he would take him by the ears, aud kgocS
his d--n brains out, or his G-td brains but.
That Is all. That IL the only difference between
the witnesses for the Government aud the wit.
nesses for the defence that am able ~ see
Now, gentlemen, ! shall argue to you
q IN Tue evidence introduced, that Is, II
he would take him by the ears aud butt his
brains out, and he got up and Killed HIN deib
erately, he Is guilty OF murder. | suppose Il
viii hardly he necessary for me To real to you
| the py n murtpr nil l,, sn
murder Is where q person OF sound hiemor,
and discretion unlawfuly Kills any reasOnabl,
creature or being. 10 the peace Of The Common
wealth with malice prepense or aforethOught
either expressed or Implied. The distinguish
ing feature In this definition, as will at vncs h,
seen, Is that Of malice. by this term at common
law Is meant TO include not only special inaluy
elenoe TO the individual SLAIN, but a genera
wicked. depraved and malignant spirit. hear
regardless OF social duty, and deliberately ben
malice Is expressed or implied; when on,
person kills another with = sedate, deliberate
mind and formed design, II II said to be cX
press.p .l.. -
They sctNp the defence here, gcntleln IN, tina
scy-buf that ic Killed him In seif-defence. Nov
let US see what the books say as to self.defence
Reads from Wharton on Homicide:
Excnsable homicide Is Of two kind: list
Where man, doing lawful act, without an,
intention OF hurt, by accident Kills another; NJ
for instance, when a man Is hunting In a PARK
and Internationally Kills person concealed
mlsadyenture. "a. IL d.teadsidO, or in sell
defence, which exists 10 adopt the definition o
Mr.. GIeenleAD where one Is assailetl upon sud
den nffnly, and In the defence OF his person
where certain and immediate suffering would b
the consequence OF waiting for the assistance q
| the law, and there was no other probable mean
OF escape, he kills his lssa,iant.' No reduce HON
eide, In self-defence, to this degree, 1t must b
shown that the slayer was closely pursued b
the other party, and retreated as Tar as he col
venently or safely could In good faith, with III
honest intent to avoid the violence OF the a:
sanlt
"No provocatlon whatever can render homl
eide Justinabc, o. oven exonaable; the least
can amount to Is manslaughter. Words Of rs
lion sutiicient to free the party killing from IN
guilt OF murder; nor are Indecent, provoking &C
tons or questions expressive OF contempt Q
reproach without an assault upon the person.
Again, gentlemen, As 70 proyocatiOn:
| "In cases OF proyocation OF slight kind, nc
| amounting to an assault, as the ground OF e,
tenustion would be that the act Of resentmeI
which has unhappiy proved fatal did not pr,
coed from malice or spirit OF revenge, but wl
Intended merely for correction. SO tue materli
inquiry will be whether malice must be inferrc
from The sort OF punishment indicted, from III
nature OF the instrument used, and from III
manner OF the chastlsement. For A. on ar
sudden prov0catlOn OF slight nature, one pc
other SO that he dice, 1t Is murder by exprei
malice, though tho person so beating the 9th,
did not intend 10 Kill him." p
And now again gentlemen:
"a large class OF cases occur In practice wheI
slight provocati0ns have been considered as e,
tenuatlng the guilt Of homicide, under N
ground that the conduct OF the party killing po
such provocstion might fairly be attributed /
au Intention to chastise, rather than to a cru,
and implacable malice. But In cases of .th
kind It must appear that the punishment wa
not urged with brutal violence noe greatly dii
| must not be such as, from Its nature WAS Lkcl