The daily gazette., 1874-11-30
tias,;s 2 q = aEsEaissad IA much consesliscS iscS B, n,

muS 1Ouuu uliu OeaU. cOlnC1Oe
with DIR. Jones entirely regarding the
post mortem examination.
Geo. A. Lukens, sworn:-Live 4O9 May
land Avenue, Wilmington, Delaware I am
the father of EWm. T. Lukens; saw him
Oct. 9th brought home at about IL or
O'Clock; his condition was weak; lips white:
he remained in my house until he died; l
have the eloth'ug he had on that day; (pro-
duced and identiied0 my son.was 1S years
OF age; he assisted me in lighting lamps.
Ezra Q. Lukens, sworn know A. K.
Woodward for yeer; he lives about three
quarters Ofa mile from where the Reading
tiana Hundred.
State closed with this witness at 1:15.
Court took q recess until 2:45 p. M
AFTERNOON SESSION.
Upon the ere-assembling of the court, Mr..
Spruance opened the defence, speaking sub
| stantially as follows: "Gentiemeu OF the
Jury-The first time / ever saw Woodward
to know him was in the early part of last
year IN the U. 8. Court where he was serv-
ing as juror, and l little thought then
| when he was occupying as you do now the
honorable position OF juror, l should be
| called to upon to defend him from 40 grave
| q charge rs murder. The crime is not only
the gravest in its consequences, but carries
with it the most terrible and ignominious
punishment known to the law. He stands
charged with deliberate premeditated mur-
der committed with malice aforethought;
my duty Is to lay before you the grounds
on which We meet and on which we believe
we can repel not only this crime but any
crime whatever. That this unhappy boy
came to his death by the discharge Of a gun
| in the hands of the prisoner we do not deny.
But that calamity is not confined to that
Iboy's household but has been the occasion
OF much distress to this unfortunate prison.
or. We do, however, stand here to deny,
that though he may have cause for sorrow,
he is guilty of guilty participation. Mr..
1Spruance then proceeded to say that the
first point to which the jury shonld direct
their attention is to the intent. Did he dis
charge the gun voluntarily and il SO what
operated on his will. lie claimed that this
man Woodward was in an unfortunate posi-
ton with his mouth closed and unable to
say word in his defence. Woodward
stands on one side md the said boys OH the
other. You have heard the story Of these
boys, who, at the time of this occurrence
were not only trespasscis. but confederates
in crime indictabe under the laws OF the
State. Bent on common purpose then to
r rob. Bent on n common purpose now to
hang. He claimed that facts would be
, shown inconsistent with the stories OF these
, boys. .I
Mr.. SpIu1nce charged that such was the
conduct of gangs of boys and men plnnder
:; ing in that neishborhood that it was but the
:: act of prudent man to 60 out prepared for
D selfdefence. The facts would be proved.
} The defence woald prove that that gun hat
: stood in the sitting room loaded for some
: weeks. They would prove that this man
Woodward was subject 10 incursions upon
his property and that only the Sunday before
j., was beset by a band of plunderers. We will
show you facts under sworn testimony ut
terly Inconsistent with the stories of the "a id
n boys. The defence would show tisatik Nhas
d we proved was by any means trre then ons
O of these boys Mt least lied.'
o. Mr. Spruancc claimed that in showing
the whole FIFE of Woodward by tn ose
" who have known him from his birth to
, this day would reveal % character which
: would utterly negative any malicious dis
> position; that he was o peaceful law
abiding citizen who would not be provok'
o ed into an infraction of the law; that he
y was living on rented farm earning an
% honest livelih BOD with his wife and two
l. cbildren, one eight years old and the
" other babe of IA weeks old at the time
n of this occurrence, we will show you
% that in this morning he had been to Cen
~ treville to buy O COW, that at o clock he
ie had returned home and after talking t.
y bis wife ond sister-in-law few minutes
Il started for the barn; that going out ht
saw these boys and like prudent mai
ye took his gun and started out to the boys
We will produce witness who saw hin
in goiag at usual pace across the held
&c and saw him emerge from corner OF th'
10 woods. The witness then turned away
"a and did not see what happened undel
~ the tree, and God knows what did hap
;n pen there. These boys have told yo'
III but you do not know it. One OF thes
~ boys stands before you, telling you, n
I'd did not know how many times he ha'
I'd lbeQn arrested for stealing and anothe
I'd bow .Speakman, we will show.to to be unrelia
or BILE: we will show that about minute
.ts after this his sister-in-law again locke
o out and saw Woodward coming rapid
" to the house and recog niZed Speakmal
., going up to the tree and tearing down
en- notice to trespassers from that very chest
Ut nut tree, Speakman swore that ther
ce were no notices then there.
Mr.. Spruance claimed that the defens
in could prove that far from having an In
as tent to shoot Lukens deliberately, Wood
,st ward was a mere ty 70 at shooting; ueve
,io shot bird on the wing, and could ne
. shoot a turkey in his own barnyary; tha
part of the load went into the tree an
lC evidenced such relative position OF tn
IS; tree as regarded Woodward and the rur
at ling boys as to make IL tImosU impVso
he h le to take deliberate aim; we will sho
a YOU that when the prisoner found til
at bow was hurt instead of picking him u
he and ordering him of and throwing hir
vt down again and telling Speakman to Z
somewhere else and get. wagon, on I'll
Of contrar y he picked him up gently an
Vi finding him hurt beckoned to Speakmaa
y to stay by him while he hastened to Il
he house to get conveyance. That when /
'e- returned Speakman unfaithful to n
ed trnst was gone; that Woodward wit
IT. heip took him to his house, sent for
IS; doctor. and did everything in his pow
st, to alleviate his sufferings and that I
# Soctor coming he by. advice ha
~ I.uk ems comic rtably fixed in wagon az
u conSe we'd home. We will show you accl
OF rate m sasurments OF all the relative dii
he tances at that scene and demonstrate that
some of th hese points these boys could Meth
id have seen Eer heard what they swore ih'
n did. a,
Ill iury to consider that it was only the pr
nm vince of the defence to negative maiic
ve God never mad man with so murderer
", a heart that he could pass from the boso
,,,.ir haiiharata