Wilmington daily commercial., 1874-12-02

NEW CASTLE, Dec. ].
Court re-assembled at 10 o'clock, Judges
Wooteu, Houston aud Wales on the bench. Mi.
Bayard commenced his argument to tie Jury,
substantially as follows
Gentlemen Of The Jury,
Ga last evening, when my associate had closed
uis representation OF Aaron K. WoodwardH d case
to You, | sincerely felt satisfied 10 leave it whore
he placed it. | listened TO him giving to this
jury the views of this case which we have proved
in consultation together, counsel unbrOken by
difference of opinion from first to last, and as
heard it l recognized it az ably and fully stated,
and felt in advance that my work WAS done. II
tie Court had Insisted upon my finishing. last
night, should have expressed my concurrence
and left you the cases.
But to each hls duty. There remains u me
sense of personal duty u the man who sits 81
lent in the box. Such Is Ills position IN regard
to the occurrence Of Oct last as the law per.
nits but one SIDE t1 be heard personally. He
wac on his own property oil that day, and there
also there siN invaders lie had right TO
be there. they had none. There is collision
alleged and there were no witnesses oil hts
side but the others have their fuQ statements.
Therefore, It is proper that there should be some
one to speak for him III order tha, You may have,
~ Far Ms possible, tile true facts OF the case.
Your duty is che llgheat known to men, although
somewhat oil common occurrence. Yon have
the disposal Of this man in yonr hands, but You
may only dispose OF him by las.
Mr. Bayafd then proceeded to argue that the
presumption Of innocence always attached 10 a
man chaig ged WITH guilt uu,il he should be proved
by over -powering Testimony to be guilty, aAd lac
considered il to be Of absolute Importance thAt
the jury should approach their conclusion with
mlnds Of the most impartial character He
claimed that there was no quit to he presumed
from the more antecedent action Of
the Grand Jury. ! shall have something to
say of the techuicahtles of tins case hereafter.
The Court will deiine to you the various degrees
Of homicide; and yer this case, in the minds Of
the counsel OF the Defence, fails bsl)w Hll tho
grades OF homicide for We claimed there could
haze been no such formed design as would bring
it within the detitiOn of murder. There fingers
III the law strange traditions tho reasons OF
which have PASSED away, bat the Law has not
been amended ia our state. There i more of
harshness perhaps, in the laG Of murder IN this
| than in any other state ot the Union. lie then
| proceeded to sketch the growth Of the preaump.
I iion Of malace among the Normaus, iraceilg it to
the opposing forces OF oppression and RESISTANCE.
lie criticized the lava of Delaware which in nur-
der in the first degree required express malice t.
/ be proved yet in murder in the second degree q
presumption Of malice Is raised
for the defendant to rebut, although in fact,
, there is no proof whatever Of such malice. But
! while there is this presumption of malice, how
ever raised against the man there AHill reinains
for hlua the presumption Of hs innocence unit
lie is fu..nd guilty. In civil cases yerdlcts art
formed tor the party having the weight of ey
dence on his side, but not SO III criminal cases
You must not say the Defence Is Il little weaker
than the prosecution, but you must be convinced
by overwhelming Testimony and without tlt
shadow Of q reasonable doubt before Won raj
form verdict against this man.
Mr. Bayard then proceeded TO deny tia
Woodward could have had any formed design il
farm was lawful lit was his eAstle-he hal hi
duties aud responsibilities II a man If not saf
! o.. his own threshold, when can lie he safe ii
wac earning hia bread by honest sweat, aud sue
was nia occupation that it could only tend To cul
Iiyate the tenderest feelings Of his nature. 10
may have seen the h3uae in which that MA
lived. | have often seen il, although | neve
knew the individual then who lived in il,
pleasant, happy homestead | have years an
yesrs been driving and walking by It, casting
pleasant look upon home that appeared
pleasant. and httle thought that home woul
become the scene of miherf. and that his tanD
would zo soon be torn by tlie grief Of SO terlb
tragedy.
Mr. ljayara then proceeded 10 sketch the o
cunanee OF October Grh, crticsing the action
the State in not producing the weapon wl
which the deed was cjmntted. He claimed Till
the presence Of the gun ia the house of Woo
ward was but that which II customary in Il
house -of every farmer. In sthe city whe
the police guard your property and Il
watchman cas the hour of mig
under your window, hre-a may not be nece
zary, but in secluded life, expOael u the II
cursons of every foot-pad property il des
tute Of protection. The stale Of society require
the keeping OF some means of defense.
called the attention OF the Jury to the fact th
the law prevented his wife from testfying h
W intent with which Woodward picked up tn
IN gun lie then took up and commented
Miss. Stidhaul- testimony, and then ask
the Jury to consider
= fast that there wA- only one Of two things
do He must either protect his own property
suffer himself to be despoiled. There il no p
sumption of guilty intent 10 bo raised from
ordinary attempt to protect himself AMI prop
ty. II he had had guilty int,
he would have put 1t in execut
instantly; but he did not lie walked openly
the sunlight. If Miss Stidham could see Il
then these boys could have seen linn If Il
~ did not him, then it appears to me that il
- because they held him in contempt and did
care II he was coming. There is more told
The protested indifference of these boys 70
approach of Woodward than they were aware
Ii they had been boys taking by stealth, start
1T every rusthng leaf they would lave watcl
I for Woodward and seeing him from the MON
ae left the house they would have He'd. Not
lid not care for Inn if they did see him.
Again, IL they di1 see,hin could they have
ssen the gun Now if that man lad come
that tree unarmed, and asked them down, Il
would have looked at him with pity, and if
had not conducted himself with great circl
spection and respect to the young Sentemen
WOnld pfoDaDiy nave Soblen pan VI DiHuh
and bloody nose for disturbing these boys '
had conlescended to come upon his place to
him. Again, beg you to inquire whether IL
boys cared for Woodward at all or not. I'll
was boy in the top of the tree with keen {
used to such feconnOsences. Do you o.
these boys, then, we're not aware of his com
He then proceeded TO sketch the testimon
, the boys that Woodward came te the tire
haste that the boys consequently scattered
different directions One man is on one SD
this conflict, silent lie had six adversaries,
Of them seeking to take vengeance on him
day for an occurrance to which they were
ties. They came here and made statements
the defence will prove that from admitted I
in this case that it is impossible for their 81
Inents to be taken by this jury accurate
challenged the Attorney General to push on
the essential facts proved by liz IN this case
its solid basis, and yet there are conseqGe
flowing from these facts which
cannot destroy He proceeded to dei
Arate that tue tree in this case
q witness that spoke neither with fol
gulness nor vengeance The appearance Of
tree, the unfortunate boys back and the ar
the other bcy proves that the gun was lo'