Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-10-11
ON TRIAL FOR MURDER.
stabbing Of kichael Hussey by Hope Il. Slater
Waiting for the Verdict

Yesterday afternoon, on the Resembling Of
I the Criminal Court. Judge Macarthur, the trial
/ OF III. h. Slater, charged with the murder of
/ resumed.
The government admitted as evidence the
certificate of the deputy warden of the Jail that
| Slater weighed but 12s pounds.
Judge Rice announced that the defence had
| closed, and Mr.. Harrington stated that he had
several witnesses present for the purposes of re-
| buttsl. but would not call them.
MIR. VIM. M. Evans opened the argument for
the government in which he contended that the
defendants testified to substantially the facts
brought out by the prosecution with the addition
OF these, that: "Hussey was standing IN and he
was pointing his finger at Slater, and instead
OF SAYING he would take him by the ears and
knock his brains out, he would take him BY the
ears and knock his d-n brains ont or his q d
On brains out. That is all. That is the only
diherence between the witnesses for the govern
hent and the witnesses for the defence that
am able TO see. Now, gentlemen, I shall argue
70 you, from the evidence introduced that is, il
hussey was standing up and did say he
would take him by the ears and butt his
brains out, and he got up and killed
Judge Rice, for the prisoner, followed, say
ing: The state is bound to prove not merely
the killing, but bound to prove the killing was
unlawful; not merely unlawful, but malicious
10 constitute the crime of murder. That il was
not zone from human fralty, human infirmitv
sudden hest and passion; not done in self-de-
renee; rot done for any other cause or motive
than malice; not merely to bring YOU to a state
Of mind where you Will believe this but to be-
ieve 1t beyond all reasonable doubt No man
rs entitled to convict you on trial for a crime If
ne h a. a reasonable doubt as to the existence o Z
any fact ecessary to make up the defence No
malice can be Charged from the mere killing
are in evidence before the jury, and among the
evidence is that tending to alleviate, excuse
or eNtenuate the act. He cOntended tn at fran
the surrounding circumstances, from the size of
Hussey, from the number and character of the
men with him, from the repetition of the fierce
threats, from the looks, motions, demonstrations
OF HusSey, Slater had reason to believe that,
unless he struck, he would receive great bodily
h9Tm: SLATER first fOrbOre, wishing to avoid
any dIfhculty or encounter. 1t was strange
thlng-Just introduced, invited TO take wine,
ueated IN the most friendly manner by SLATER
that Hussey used the words which the testi-
mony saysSf did. The law says you may kill
any man VINO is about TO do you any bodily in
jury. The preservation of the person from any
life itself"
Judge Rice spoke until darkness compelled
an adjournment.
Fourth Day.
This morning, on the cOnvenng of the court,
Judge Rice resumed his argument, in the hear
ing OF an immense crowd OF spectators. He con
tended that Hussey was the originator of the
difficulty, as shown by the evidence of Will,
apd that Slater had the right to defend him
self. He referred TO the manner in which the
case mad been prosecuted, and thought that
some Of the witnesses had been dealt with too
bitterly, and in conclusion urged that the iury
should give the prisoner the benefit of his good
character.
Gen. Henkle declined to argue the case.
Mr. Harrington proceeded to close for the gov
eminent at 1lE O'Clock a. m, claiming that he
mad made out his case, and commented sharply
on the testimony for the defence, especially that
Of Brown. He said the jury could have no rea-
sonable doubt in the case. There was no provo
cation for revenge. There was no mutual com
pat, and they could not bring a verdict of man
slaughter.
THE JUDGES CHARGE.
Judge Macarthur proceeded to charge the
pupr mot cot Has1 1.4av~f .,tN
reasonable doubt that the prosecution had made
out a case they should acquit, and az some
length explained to them the different grades Of
homicide and the law relating thereto.
THE JURY OUT.
The jury at LOS O'Clock p. M, retired to DELHI
crate on their verdict.