The daily gazette., 1874-12-02
Mr.. Bayard's Closing Speech.
The ATTORNEY GENERAL SUMS UP
Judge Houston Charges the Jury.
THE WOODWARD TRIAL ALMOST ENDED
THE CASE GIVEN TO THE JURY.
THE COURT PROCEEDING TO THE
TRANSACTION OF OTHER BUSINESS.
Specially Reported for the Gasette.
NEW CASTLE, Dec. 1, 1874

Specially Reported for the Gasette.
NEW CASTLE, Dec. 1, 1874.
Court re-assembled at 10 o'clock,
Judges Wootten, Houston and Wales
on the bench. ..Mr. Bayard commenced
his argument to the jury substantially
as follows ..L
GENTLEMEN OF THE JURY On last
evening, when my associate had closed
his representation of Aaron X. Wood
wards case to you, sincerely felt sat
isfied to leave it where he placed it.
/ listened to him giving to you the
views of this case which we had proved
by consultation together, counsel un-
broken by difference of opinion from
first to last, and as 1 heard it / recog-
nized it as ably and fully stated, and
felt in advance that my work was done.
If the court had insisted upon my fin
ishing last night / should have ex-
pressed my concurrence and left you
the case. But to each his duty. There
remains to me a sense of personal duty
| to the man who sits silent in the box.
Such is the'position in regard to the oc-
currence on October 9th last, ,as the law
permits but one side to be heard per-
sonally. He was on his own property
on that day and there were also there
six invaders; he had o right to be
there and they had none. There was
q collision alleged, and there were no
witnesses on his side but the Others
lbave their full statements, therefore it
lis proper that there should be some
one to speak for him in order that you
imay have, as far as possible, tne true
facts of the case. Your duty IS the
highest known to men although some
what of common occurrence. You
have the disposal of this man IN your
hadns, but you may only dispose OF
him by law. He then proceeded TO
argue that the presumption OF inno-
lcence always attached to man
, charged with guilt until he should be
lproven by overpowering testimony TO
be guilty, and he considered 1t to be OF
| absolute importance that the jury
should approach their conclusion with
minds Of the most impartial character.
He claimed that there was no guilt to
be presumed from the mere anteceden!
. action of the Grand Jury. ] shall
- = have something to say of the techni
; calities of this case hereafter. The
court will define to you the various de
J, grees of homicide, and yet this case IL
8 the minds Of the counsel for the de
= fence, falls below all the grades o.
y homicide, for we claim there could
l. have been no such formed design a.
iwould bring it within the definition o
e murder. There fingers in the Law
n strange traditions, the reasons OF which
k have passed away, but the law has no
.e been amended in our State. There II
vs more Of harshness perhaps in the Law
of murder in this than in any othe
N State of the Union. Hethen proceede'
ID to sketch the growth of the presumT
a. ltion of malice among the Normanf
a ltraclng it Ito arise from the opposin
tv forces of oppression and resistance
M He criticized the laws of Delaware
which. in murder in the first degret
ireauired express malice to be provec
o. vet in murder in tie second degree,
ae ae presumption of malice is raised Tor tn
af defendants to rebut, although, IN fac
" there ia no proof whatever ST such ms
ne lice. Bnt. while there is thispresuml
III tion of malice, however raised aga1ni
this man, there still remains for tn
nresumption of his innocence until
lis found guilty. In civil cases verde
wv are formed for the party having th
,w weight of evidence on his side, but
Dts ia not so in criminal cases. Yo
en- must not say the defence is a lit
he weaker than the prosecution, but yc
We must be convinced by overwhelmir
in testimony. and without the shadow
ee- reasonable doubt, before you ca
lly form a verdict against this man. M
wv Bayard then proceeded to deny tn
di- woodward could have had any form.
cal dasipn in this unfortunate affair. II
lev nresence on that farm was lawful,
,ue was his castle, he had his duties an
the RESPONSIBILITIES. If a man is not sa
the on his own:threshhold where can
He was earning bread by honest swef
land snch was his occupation that
could only tend to cultivate the tend'
lest feelings of his nature, You m
OF have seen the house in which that m
lived. have often seen it, although
cen never knew the indlylduaI tnen "
lived in it. A pleasant, happy hon
,,o stead / have years and years seen VIII
'"'' driving and walking by it, casting
nleasaIlt look upon home that look
get, so pleasant, and little thought tt
DAY home would become the scene Of mist
OF and that his family would 80 soon
born by the grief of so terrible a TRACE.
ster Mr. Bayard then proceeded to sketcn
use. occurrence Of October 9Th, erlt,cis,ng
otel action of the State in not producing
,rds weapon with which the aeeo was co
lVer the gun in the house Of Woodward
OF but that which is. customary IN
cen house Of every farmer. In the CT
age, where the police guard your prope
new and the watchman calls the hour
t to night under your window, firearms II