Wilmington daily commercial., 1874-11-30

itiSotAoAoh''h
boys. The defense would show thatsif what we
proved wac by any means true then one of these
boys at least lied. 9
Srr. spruance claimed that in showing the
whole life of Woodward by those who have
known him from his birth to this day and reveal
a character which would utterly negative any
malicious disposition; that he was peaceful
law-abiding citizen who could not be provoked
iuto an infmction of the law; that he was living
on rented farm, earning an honest livelihood,
with his wife and two children, one eight years
old and the other babe Of IA weeks old at the
time or this occurrence; we will show you that on
this morning he had been to Centreville to buy
a COW; that at he had returned home and after
talking to his wife and sister-in-law few min
utes etarted for the barn; that going ont he saw
these boys, and like prudent man took his gun
and started over TO them. We will produce a
witness who saw him going at "a usual pace across
the fields and saw him emerge from the corner
| of the woods. The witness then turned away
and did not see what happened under the tree,
and God knows what did happen there. These
| boys have told you, but You do not know IL. One
of these boys stands before you telling you he did
| not know how many times he had been arrested
| for stealing, and another boy, Speakman, we
will show to be unreliable We will show that
| about five minutes after this, Woodward's sister
| INLAY again looked out and saw him coming
| rapidly to the house and recognized Speakman
| going up to the tree and tearing down notice
| to trespassers from that very chestnut tree.
| Speakman swore that there were notices then
| there.
| Mr.. Spruance claimed that the defence could
| prove that far from having an intent to shoot
| Lukens deliberately, Woodward was mere tyro
at shooting, never shot a bird on the wing and
| could not shoot turkey in his own barnyard
that part of the load went into the tree and evil
| deneed such a relative position of the tree as
| regarded Woodward and the running boys as to
| make it almost impossible to take deliberate
| aim We will show you that when the prisoner
| found the boy WAS hurt, instead Of picking him
/ up, and ordering him OFF, and throwing him
down again, and telling Speakman to go some
where else and get "a wagon, that on the contrary
| he picked up the boy gently and finding him
| hurt beckoned to Spoakman TO stay by him while
| he hastened to the house to get conveyance
that when he returned, Speakman, unfaithfu to
| his trust was gone that Woodward, with help,
| took him TO liih house sent for doctor, and did
everything in his power TO alleviate his suffer
| ings, aud that no doctor coming, he by advice.
| had Lnkens comfortably fixed in wagon and
conveyed home. We will show you by accurate
measurements OF all the relative distances at
that scene, and demonstrate that at some of
these points these could neither have seen nor
heard what the witnesses swore they did.
In conclusion, Mr.. Spruance begged the jury
to consider thatit was only the province of the
defence to negative malice God never made
| man with so murderous a heart tina he could
pass from the bosom of his family to commit
deliberate MURDER and the next instant be trans
formed into kind and humane friend. In TAX
ing this case, then and considering all the facts.
am sure that in finding Woodward innocent OF
guilty intent you will do your duty TO your
con. ciences, your oaths and to the State.
The examination of witnesses for the defence
was then begun.
Sale @. Stidham sworn Live on the Lam
caster pike two miles from Wilmington Mr..
Woodward is my brother-in-aw usually see
my sister once day, living but a half mile from
her | WAS at Woodward's house Oct. he had
been to Centreville came home at 9o'clock, that
morning he came in the parlor and gave us a
description OF his visit aud then went out, say
ing he w0nld not be back until dinner a few min
utes after saw him crossing the 2nd field from
the house; saw him returning in a few minutes
IN the same fold he seemed to be in haste at
the same time saw boy go up to the chestnut
tree and put his hand mp as if taking something
down l recognized tile boy afterwards when he
came to the house as Speakman there
was notice to trespassers on that tree | saw
It the evening before and on the morning of the
Bth about $50 o'clock did not see it there in
the afternoon always looked for 1t because
the boys were in the habit of tearing 1t down ;
there were three notices in that field Mr. Wood
ward came directly home, set the gun down and
said one of the boys hurt he went directly
out to call the colored men then working in the
field he said he WAS going to send for doctor;
Mr.. Woodward and his colored boy hsrnessed up
tic horse and wagon and went out to the field
and brought Luke us into the house he picked
the boy up himself and took him in the house ;
Mr.. Woodward did everything for the boys COM
fort bathing him with balsam prepared heat
ed rags of salt and put upon his stomach he
said they lessened his pain Mr.. Woodward sent
for Mr.. DeIickson Mr.. Brown aud Speakman
came to the house the boy wanted TO go home
the doctor did not arrive before Luliens was ta-
ken home; straw, two blankets, patch work
quilt and a pillow were put into the wagon that
took him home; Mr. Woodward had had gangs of
boys there doing most everything, carrying of
all his fruit, tearing down ratings and making
use of fire arms have known him to spend all
day Sunday in driving of boys, coming in at
n-eht so tired that he could not enjoy the com
forts of the home tables he had fruit growing
near the house; they would come almost to his
door and steal; he always kept tho gun in the
rooms the gun was always loaded; after the oc-
currence it was taken up stairs, out of sight; nc
one has called for III Mr.. Woodward never went
gunning.
SsCloss examined Gan persons are forbid
trespassing on this property With gun Oh dog,
| WAS upon the notice boards WIS not in the same
= field when saw this notice Mr.. Woodward
sells milk lie usually leaves home abuut
O'Clock in the morning Mrs. Woodward takei
fruit, eggs, &c, to market he keeps two mer
= on the farm, but he is always at work with them
Henry dupont affirmed l know WOODWARD
. and have known hun for 20 year, he was a ten
= ant for me for years, and other periods ha
/, made me acquainted with his character he is
:, peaceful man, a law-abiding citizen, of good dis
" " position and a woodworking farmer.
; Ed. Woodward affirmed live in Christians
II am brother to Aaron X Woodward he
is 81 years of age he learned the trade of car
!. penter; be has been farmer for nearly II
e. years ms farm Is about lOO acres and has
u good deal of fruit Oh it Woodward depended OF
the growth and sale of that fruit for hiH snbsist
ence was there Oct. 6, after this occurrence
y know the chestnut tree the colored boy JOIN
y Williams pointed out the spot where the bo
= Lukens lay the tree will hut IS inches
=, aud is 40 feet high the distance from the tre
il 10 whore Lnkens was found is about 10 yard
towards the woods, So yards from the bars to tn
e tree, and 175 wards from the bars to where til
y road turns VIM Derrickscn made the Measure
II II tnents with me the hedge is about feet high
. close thick hedge | visited that chestnut tre
80 two or three days after and found gun wadin
y near It also picked out small bird shot froI
Is the Wilmington side of the tree the distanc
> from the tree to the woods is IS yards Wood
\ \ wards house is in view Of the tree he has no
II tices to trespassers all oyer the field have see
~ them on tins tree they have been torn dow
l. several times
+ VIM. q. Derrckson affirmed: Am farme
~ residing in Chrstiana Hundred and well &C
N quainted with the premises of Woodward; kuo,
him, was with Mr.. Edward Woodward the morn
ing when he took the measurements; agree wit
IA. him; noticed shot marks in the tree.
,r Court here adjourned until Monday morning
I'd wish this witness still upon the stand
'9 societies.