The daily gazette., 1874-12-02

well doing that man becomes better,
and it by gradual course OF evil doing
that man becomes wicked. a. 81 ID. Z
The State asks You to violate this rule
Of common sense, and suppose that ihthe X
twinkling OF an eye this prisoner changed
from good and humane man to ma
lignant murderer. There is nothing in
the facts of this case to justify so mon
strous proposition. He then rapidly
reviewed the occurrence to show that
this unfortunate affair must have taken
place from the accidental discharge OF
Woodward's gun. He denied TINT the
defense placed themselves on the ground
ofaa justifable homicide. But if Wood
ward shot this boy under sudden aggra-
walton, then he is not guilty OF the crime
charged against him in the indictment.
He sketched the difference of aggravation
operating upon different men and under |
different circumstances, aud argued that |
if in this case there was aggravation,
there was some justification to the man
who was being despoiled OF that which |
grew from his labor and with which he |
supported his family and hoped to pay
his honest debts But We do not proposs
aggravation as an excuse for crime, but
| to demonstrate to you'that under SUCH
aggrayation there could not exist sedate.
ness and Jdelibefation. In q moment OF
thatY,aggravation he may have touched
that trigger, that gun have been dis
| charged and instantly after have been
| horror stricken. Let this jury put them
selves in his place. Mr.. Bayard asked
the Jury to consider that law is made for
the benefit of society Of which w oodward
! is one; that it has nothing in it Of person.
al vengeance; that its examples are in--
tended to serve as warnings to- others
and present q repetition OF the crimes,
/ L,, Az f<.eray,Iors fkoynaoIvoa III ia tho
province Of jurors to secure the rights OF
all; and he expressed himself confident
in the belief that this jury under the
i charge of the Court and under the proofs
in the case that this prisoner had COM
mitted no crime whatever. If there is a
man in this jury who at the end OF their
consultation does not feel undoubtedly
the truth of the charge against this pris-
oner then it is that mans duty not to
withhold his verdict Off not. guilty" He
. closed by admonishing the.jury OF the
gravity of the case and begged them to
consider carefully and conscientiously
the facts. go
He closed at 1 p. M. when the. Court
"a took q recess until half past two.
l. At the re-assembling oil court. Mr.. Pen.
: ningtou opened his argument for the State.
He spoke at some length arguing that tho
guilt OF the prisoner bad been established
.
: hands. After the conclusion OF Mr.. rs re-
! marks, Judge Houston delivered tho charge
! ! Of the court to the jury ss follows, ~ D
rnH JUDGES cHARGR. ,.-
5 The indictment is against Aaron X.
0 Woodward the prisoner at the bar for the
h murder Of William T. Lukcns, IN Christiano
$ Hundred, in this county, on the 9th day ol
4 October last. with express malice aiore
n | thought and by reason Of which it alleged
Q that be is guilty OF murder Of the first de-
@ gree uuder our statute. The indictmsni
e charges murder of no other degree and
l. charges no oiher crime against HIM, but BY
e virtuetof another provision OF the stature !
d is competent tor the jury under II to scqui
~ him OF murder Of the first degree md II
II convict LiIa Of murder In the second degree
Le or 10 acquit him OF mpfder OF either degree
r. aud to convict him Of the crime OF man
le lslaughter, or to acquit him entirely by
1 simple verdict OF not guilty IN manner ant
le ItoIln as he stands indicted, according to th
D. conclusion to which you may ARRIVE as Il
k the facts and circumstances1 proved In tn
N case and You come TO apply the law as state
lc by the court TO apply to law to thom.
I'd At common law the crimo OF murde
Id consists Of hut one degree, but the maiic
ly which Is always absolutely essential to con
OF stitute the etlence 10 OF two kinds. namely
IL
II Piled by law. Our statute merely make
SO tho crime when committed with express
rs malice aforethought at common law, or j
i pctpetrating or attempting to perpetrato
Sc crime punishable with death, murder &
ld the first degi ee; and when committed will
LEI malice implied by law (that is to say by th
he common law)b murder Of the second degre
ng under the statute aud simply provides
k distic.ion between the penalties prescribe
=, SNnI
ed malice aforethOughI aud when it Is CON
,ir mitted With malice implied by law whie
lr- did not then exist, and does not now exi,
til at common law, And therefore in all otht
i'm respects we have now Notwithstanding III
le- statute, no other law establishing or deiil
,es ing murder of either degrees In this Stat
70 but the common law as it existed and W,
he recognized when tho statute was enacted.
Die It's to be OBSERVED however, that whe
ter the law makes use OF the term malice afor
he thought IS the chief characteristic an
he pecuiinr critsrion of the crime OF murder
lth distinguished from all other grades or d
lrd scriptions OF homicide, II Is not to be unde
icy stood in the ordinary sense merely in whie
nd the term malice is generally received ar
lth employed as denotlng actual hatred and q
lat imosity by one person against another, b,
10y as indicating that the factuns or act Of xii
fit. ing alleged is attended with such circun
Vi stances Us are tH5 ofuiuoIy slWtptODS OI
uc wicked depraved end naainaAt spirit;
led heart regardless Of social duty, and delibe
rly ateiy bent on mischief, aud in general oil
3D. formed deslen of doing mischief may
ate this sense be called malice. And thereto
I'VE not such killing only ms proceeds from pr
Tou meditated hatred or revenge against Il
lst, person killed; but In many other cases, SUI
to- killing as is accompanied with clrcpu
md stances that show the heart TO be preverse
md wicked, is adjudeed to be Of malice prspen
of or aforethought, and consequently SAHrd
on at the common law, and at che fifsts degr
the under our state o.. ~. - 49, -
ted As we havo o,before said, malice in u
by sense, may be either express and implied
ich law. And the well known and long esta
M lished definition OF express malice at col
ave mon law ia when one person kills anoth
aok with sedAte deliberate mind and form
Two design, such formed design being evldeno
in by external circumstances discovering I
YES inward intention (Which in itself OF course
ny invisible ard cannet'bs otherwise asc
rst, tanned or discoyersd) such as lying in wa
nck antecedent saenaces. former sgrudges q
hex sonveyted schemes to do the party kill
no some bodily harm. 1t is, therefore, !
n to essential at common law nor under Q