Wilmington daily commercial., 1874-11-28
THE WOODWARD TRIAL.
ITS COMMENCEMENT AT NEW CASTLE YES
TERDAY.
THE OPENING BEFORE TIE JURY,
THE EXAMINATION OF WITNESSES

The trial Of Aaron X. Woodward for the muir
der of Wm. T. Lukens IN October last was be- |
gun at New Castle, yesterday Attorney Gener-
al Pennington and his deputy W. r. Hodgson.
representing the State, and Ihos. f. Bayard and
VIM. G. Spruance the Defence. The following
Jurors were sworn Grubb Talley, John M. |
Appleton, Jackson Whiteman Peter +. Massey,
Isaac Frazer, William Wilson, James G. Morrison,
Isaac Fred, J. Poulson Chandler, George White,
Jonathan E. George Jos. s. Foreman. Thirty
nine persons were called, of whom 10 were ex-
cused and challenged.
At minutes past one Mr.. Hodgson opened
the case to the jury on the part OF the State as
follows
Gentlemen Of he Jury
You are brought here from the body of this
county for the purpose of ascertaining whether
or no Aaron X. Woodward, the prisoner at the
bar, be guilty OF the charge with which he
stands indicted the killing OF VIM. I. Lukens.
This is peculiar case-in fact such case as
has not occurred in this court within my legal
memory. 1t has peculiar phases in IL. The
question to be determined by you, af-
ter hearing the evidence, is entirely of
intent express or implied by law. l am
well aware how difficult 1t is to ascertain
what are the peculiar feelings of the heart, and
the intent of mans mind. That alone is left to
Him who knoweth and doeth all things we'll
The mind of man is naturally prone to TRUTH
unless some peculiar design DlDN0ntA the aCLlng
out of the instinct.
The intent is to be judged from the effect OF
his acts. ln telling you OF the matter you have
for your earnest deliberation, it is necessary on
the part of the State to define the charge OF
murder. Mr.. Hodgson then defined murder
drawing the distinction between lst and End de-
grees and applied it to the present case He then
proceeded to give the legal definition of man
slaughter, and explained the nature of malice ar
laid down i'll the books, and then called the at
Il - q
on trial.
Six boys, the eldest of whom was not ~ years
| of age, on the 9th day of October last, started
from Wilmington out the Springs road IN the dl-
| rection of the house lately occupied by Wood
ward and III which his family now live. About
10 o'clock, A.. NJ, standing in the road opposite
| the prisoners house, these boys saw tree on
which they supposed chestnuts grew. They en-
tered the held and three of the boys, Lukens,
| Green and Skelly, ascended the tree. They had
| scarcely settled themselves in the branches to
knock off the burrs when they were called upon
by the prisoner, who was running rapidly toward
| them TO come, down. or he would shoot. They
begged him not to shoot and they would come
| and when near the ground jumped Lukens
| striking the ground trst. The prisoner was
then under the tree, and as Lukens struck the
ground Woodward struck and nearly feed
him. Before Woodward had arrived
under the tree, however, the other three boys OF
the party, Speakman, Coye and McElvey had
run out Of the field to the road. Standing at
the tree to the left there il woods, to the right
the road.
After Woodward had struck Lukens breaking
the stick, Lukens and Skelley started running
towards the woods. When about 10 yards away
Woodward raised his gun and fired when Lukenl
fell TO rise more without help Skelley re
ceived some of the shot in his arm Lukent
was shot in the right side Of the body. Skeel
ran on. Woodward picked Lukens up and stood
him on his feet, but letting him go he fell to the
ground Woodward left hlm there to his fat,
' and went to the house. One of the boys thei
came back to Lukens and had some converse
! ton with him and started for conveyance
y When he came back Lukens was gone, and Ia
! was next found in Woodwards house. From
thence Lukena was removed to his home wher
on Oct 7th he died.
These are the facts as they were given to me
e In conclusion he begged the jury to remembe
that they were to lind a verdict from the evi
dence and from the evidence alone.
# At z. NJ. court took recess until
when the examination OF witnessess was begun
n the first called being Edward Speakman, VIII
testified Live at No. Jackson street, Whining
J. ton, and lived there October 9th last did nc
l. know Woodward before that day saw him at hi
A farm that day I; L know Lukens and was with hil
l. October 9th last six Of us, Lukens, Greer
K skelley, McElvey, Coyle and myself went o,
'e that road stopped at Woodward's plaC
to get chestnuts Mr.. WoodwaI
came out with gun Lukens sal
s' he would come down If he (Woodward) won
3. not shoot as Lukens was coming down, Woo,
ward picked up stick and struck him LukeI
III and Skelly ran towards the woods but had N
G. got more than 10 yds. before Woodward shot
Lukens fell | went over aud asked Woodwa
il he would lend me a wagon to take Lukel
,r. home Woodward told me to go somewhere oil
and get wagon went to Mr.. Browns to &
wagon and got one when returned with
~, Lukens was gone l next saw him at Woodward
Il" house, on that day, and at ~ NJ; broug
him home in Woodward'a wagol
when Lukens got down that tree was in d
lut road the tree is about so yards from the roa
ih' we first started for Brandywine Springs ,
stopped 20 minutes or half an hour at the Po
1t House cemetery from there we went to Woo
Od wards we all went together to this chestn
tree Lukens, Skey and Green went up d
tree the woods about l50 yards from d
i5h. tree when first saw Woodward he was ab0
nd nd 5O yards from the tree, coming pretty fast wi
ns a gun in his hand saw Woodward when he
-sl- rived at the tree he ordered the BOYS in /
lila tree to come down Woodward was abo
yer 90 yards from me when he shot / have kno,
IN Lukens about years and Skelley about year
when Lukens fell, Woodward approached hi
m, picked him up and ordered him OF his pac
'nd eat Woodward tried to make him walk but col
rd not, 10 he let so of him and he fell the nc
inc time saw him was at Woodward's house NJ
Woodward and another lady were there Il
the Lukens at his home next day, dead return
- to Wilmington about O'Clock Of Oct. 6th am
'es' colored boy of Mr. Woodwards was with II
we came from Mr.. Woodwards house on
sides of the road were fence and hedge
ran out of the tree the same way we got in q
an old road in the field when Shelley and !
ler- kens were running Lukens was little ahead
ink Cross-examined by hlr. Bayard l was born
TO Philadelphia but have lived in Wiminpi
about l5 years ; l was II years old 2Slh of /
80. July no trade but have worked at roofing |
IA kens would pass for older than | knew
way to Woodward's house we often go out
excursions together and take whatever we
'ets get given to us on that day did not Gu
no Woodward nor did hear any of the boys do t
6W did not say to Woodward 'you id son q
nts b-h, I'll blow your brains out !" did
The see any signs OH the place that day, but did
US one on another tree afterwards, which lool
'me new /; neither nor any of the other boys t,
tI.o 4 s,,k