Wilmington daily commercial., 1874-12-01

Jury beiieye thatf These boys did not see that
board when they climbed the tree. And again.
can this jury believe that this young lady could
see a board on that tree the night before, at the
dusk OF the evening, IS yards off. and walking
casually by, and not only see it but read II and
tell what kind Of assign it was.
The defence was that Woodward took the gun
out in self-defence that after he shot this boy
he carefully picked him up that he took the
boy home, and that Woodward haa good char
acter with some contradictory evidence against
Shelley. Now suppose he did take him home,
is there anything unnatural in thatY 1t was
when he saw the natural consequences OF his
act, and his conscience WIS smtng him, that
moved him to what ever tenderness may have
been used by Woodward then. Suppose Wood
ward had good character, he might have been
a ST. Paul moment before he committed this
dire deed, but the moment he fired that shot he
was another man. | have nothing to say against
Woodward's good character. Let him have it
it does not excuse him from the legal conse-
quences of his guilt on this occasion.
Mr. Hodgson denied that the the taking of
chestnuts was crime in our Statute book, and
claimed that Lukens. WAS but trespasser and
liable for damages only. He then proceeded to
summarize the evidence for the State and accom-
panied his summary with plan of the scene for
the purpose OF proving the correctness of the
distances as sworn to by the boys. He claimed
that as far as Skelly was concerned this Jury
might throw his testimony entirely out of the
and the State is in possession OF all the facts
He argued that such was the proven position OF
Woodward when he fired that shot that none OF
the charge could have struck that tree without
passing through Woodwarl's body, as Woodward
was between Lukens and the tree. He felt sat
ished that this jury were convinced that st least
four OF these boys spoke truly.
He then proceeded TO deny that Woodward
discharged that gun accidentally, and charged
the jury that if they believed that Lukens came
to his death by means Of shot from Woodwards
gun, they were bound to find Woodward guilty
Of murder in the first degree. The malice s
presumed from the use of the weapon. II rests
not upon the prosecution to prove malice, but
the defense must rebut the presumption. They
have not done so and you must conclude malice,
He had nothing to say about the feelings OF
Noodward's wife Hnd family. He sincerely pitied
them but there ID another side. Lnkens was
as dear to his family though they are poor as
is the child Of the highest in the land. In con
clusiol Mr.. HodgHon cautioned the jury that
they had yet to hear the arguments OF the de-
Tense and the closing argument of the Attorney
General, and 1t was their duty not TO conclude in
their opinion until they had heard all of the
| facts in tins case.
| Turning TO the Court, Mr. Hodgson read some
authorities on the subject of murder and asked
the court to charge as established law that the
fact of trespass gives man no right to kill the
| trespasser.
Mr.. spruanoe next opeued for the defence a.
| follows
| Gentlemen of the jury
II now becomes my duty to discuss for short
time the evidence you have heard, and TO en-.
| deavor, by careful examination and by 3
comparison with circumstances aud facts which
| have been proved before you to assist YOU in
/ concluding whether or not the testimony which
| you have heard lie true; whether upon that
| testimony you can safely act adversely to the
| prisoner at the bar The learned Attorney Gen
eral has charged you with emphasis to receive a7
| abs oute verify the things these boys have told
you, but l tell you gentlemen OF the jury that
/ you have higher duty; il IL your duty to take
the testimony of these witnesses to sift and
compare it and to see il these are not inherent
discrepancies, which lead your mind to believe
thai 1t iR not true Ii il your duty to see whether
or not anything they have sworn to he true has
been disproyed a. matter Of fact. II il your
duty to see whether this prisoner could be trans
formed from an honest and upright man into a
iend that they would have him, and immediate
| ly change back into the same honest and well
meaning man. We insist and hope will demon
strate that the testimony ON the part of the State
IL false; that il bears falsty upon its very face.
Let us look who are these five boys that come
here to swear away this mans life. They are
boys that go together in gangs, plundering the
country, taking. as one Of them has said, most
| anything they could get. One OF them, Skelley
is an acknowledged thief, and proved by police
| officers to be boy unworthy of credit. Thest
| boys, ON that day, were trespassers, and they
were committing an act indietable under oui
statutes. They were boys without trade or avo
cation. Instead Of being at school, they were
congregated in q vacant lot concocting mischief
We may presume that what wae done on Wood
verbs property was done in common. The,
held up each others hands that day and the
come here with one common purpose to sock re
venge from this unhappy prisoner Being tim
bent upon common purpose you will find thei
statements coneurrinR. But there il a limit Il
false testimony it will not bear the light OF day
SO when these boys are examined upon tia
which they had not anticipated they fail imned
lately.
Now we say that there boyz from the position
where they were could not see and hear wha
they have testified they have sworn to physica
impossibities Now you will find that thes
discrepancies are false, notwithstanding all thes
: boys were IN the court room and heard each otli
! or testify, and had arranged their statements AZ
cordingly. They find it il very hard to lie sue
, cessfully and at any length.
Mr.. Spruance then took up the testimony al
guing on it at great length and detail
In conclusion Mr.. Spruanee said We hay
N found in the stories of these boys irreconcilab
q Inconsistencies and contradictions. We ha,
g found from the attitudes snd positions in whic
4 they have chosen to put themselves, how impo
n siblo it was that they could have seen and heai
that which they have warranted. We have four
=. from the examination of the shot in the tire
n the road upon the ground, the position in Wine
the boy was found, aud like facts that the eh,
II could not have been fired AZ the profe-sed wi
Il nesses to the act have described. We ha'
i found tins story of deliheration, cruelty. al
n brutality grossly inconsistent with the condu
al of the prisoner Immediately before and after Il
= short period covered by the transaction v
n have seen how totally suddenly and briefly Il
Il whole nature and character of the prisoner mu
have been Transformed from quiet, peacefr
il nofensiye man, to very devil in cruelty al
nv malignity il this story even measurably be tru
ei and we must reject it as unworthy of credit
What Is the true theory We're the prso mel
re apprehensions of violence, as shown by his pr
al caution in taking with him his gun, realiz
at when he reached the tree Did these six vigC
II GUS young ruftans fall upon him to beat hi
and drive him from his own property, and d
Le he, outnumbered and in danger OF death
r. great bodily harm ut their hands, slay one
ly them in self defence Or, surrounded on e
cry side by these outlaws, tainted, nsulte
culsed-did he fire his gun merely TO fright
i, them away, and was his vision so disturbed
~, ~ the intervening tree, that he, unskilled in d
,ie ie ase of arms, unhappiy pointed his gun so as
pe le strike these boysS Or, outnumbered, surroun
w W ed, agitated, inexperienced-wa the gun d
sa ha charged accidentally without his knowledge
no yolitioD
oe Certain it II that either of these theories
entirely consistent with his conduct immediate
W before and after, and with his well known chs
ni ~ acter approved by many witnesses while Il
s a theory resting on the testimony Of these boys
GU wholly irrecouclabio either with the conduct
9 character Of the prisoner
- With no warrant but the false and wicked H.
III III ications Of these vongeful Young outlaws, Y
m on cannot send this man hence to an infamo
~ death upon the ecaifold. You cannot cons
,iS ,i9 him TO the lifelong gloom and wretchedness
- II Il fDlonA narrow cell. Yuu cannot bare his bs