Wilmington daily commercial., 1874-12-02
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that the range Of the shot on that tree is such |
that II continued it would have passed into the
back of a boy had lie been there He then pro- |
ceeded to the direct testimony of the boys, |
claiming that in it could be found no truth; that
this Jury would not and could not depend |
upon their testimony in 80 small matter as
purchase of horse, much less can you trust
them when human life Is in dependence upon
their words. 1t is rule that where a
witness has been found false on one
thing, he is TO be disbeleved altogether.
The proofs of the unreliablty of these boys Is
inherent in their testimony, and is also proved
from exterior proofs. lie claimed that they all
told exactly the same story, but all their posi-
tions we're different. He criticized the boy
Speakman's statement that he neither saw nor
pulled down the notices, and cited the witnes es
who had sworn to their presence before and af-
ter this occurrence. Wnen4a man begins his
testimony with lie are You going to take him
into your further consideration He denied
that these boys, taking the distances in account,
could by any possibility have heard what they
swore they did, He showed Skelly's utter
worthessness as a Witness.
He called the attention of the jury that the
vengeance of these boys did not stop with the
Indictment of Aaron X. Woodward for murder
Of the first degree, but they have caused another
bill to be found against him for assault and bat
terry with intent to kill John Shelley Fearing
that he might get clear of the one charge, they
have reserved another for HIS benefit He de-
MED the gratuitous falsehood of SpeakInan that
Woodward refused succor to this unfortunate
boy and claimed that the proven facts i'll the case
utterly forbid any supposition, but that Wood
ward did all in his power to alleviate liukenss
suffering. II could not have been possible that
these boys told you what was true and if you
have, a. you must have, reasonable doubt of
the truth Of these statements, that doubt is for
the prisoner, as the Court will tell you, and you
are bound under your oaths to give him the
benefit of it,
Mr.. Bayard then proceeded to consider theo-
ry of the defense an to the happening of the
occurrance. He cited the proof of good charac-
ter rs given by men of all parties With man of
such character it seems perfectly incompre-
het.sible but that the gun should have exploded
accidenty. The shot struck the tree first, then
passing On strikes two persons. Could there
have been aim III such q shotf Its very scat
teTing proves it had none Ii it was aimed at
anything it was aimed at what it struck fret
the tree il it had purpose it struck the
tree If 1t had purpose aud struck the
| boys it WAS misadyenture but no crime. He
called the Jury's attention TO the fact that any
one of them might have been in Woodward's sit
uation to-day This time it happened to be AN
incursion on his property the next time il may
| be yours nine. A farmer going about his
| place for supervision in niue cases out OF ten
goes alone, and should he meet one
Of these predatory bands and trouble ensue, he
is left without fair Witnesses and accomplices
such as in this case may come into court to swear
away his life. suppose that instead of having
struck the boy with that stick, one of the
| boys had struck Woodward, pray tell
me how could Woodward prove it 2 Would it
not be absurd for this man to have that boy in
dicted for such an offence when that boys ac-
completes eoald come into this eonr and swear to
the contrary? Again, II it unlikely that all these
boys bad sticks, going they We're to gather
chestnnts l beg you to take that into your con-
sideration also
There is no presumption that crime has been
committed uuti crime has been proved, and
the greater the charge the more stringent is thit
rule. And there can be no presumption thai
this prisoner turned his back upon hie whole life
Ia an instant. IL ls by gradual course of wei
doing that man becomes better, and il is by
gradual course of evil doing that mau becomet
wicked. The State asks you TO violate this rule
of common sense, and suppose that in the
twinkling Of an eye this prisoner changed from
good aud humane man to malignant murder
er. There is nothing in the facts OF thus case tc
Justify 80 monstrous a proposition.
He then rapidly renewed the occnrrance to
show that this unfortunate affair must have ta-
| ken place from tue accidental discharge oil
Woolward's gun. lie denied that the defense
placed themselves on the ground OF a justiablI
homicide. But if Woodward shot this boy un
der sudden afgrayation, then he is not guilty o
the crime charged against him in the indictment
lie sketched the differences of sggrayation oper
ating upon Different men aud under dneren
I circumstances, aud argued that if in this cas-
. there was aggravatlOn, there was something ii
"A justification to the man who WAS being despoile
of that which grew from his labor and wit
) which he supported his family aud hoped to pa
Ills honest debts. Bnt we do not propose az
graVation ~ all excuse for crime but to demon
, strate 10 yon that under such aggrayaton ther
could not exist sedateneae and delberati0n. i
/ Il moment of aggravation lie may have tonche
that trigger that gun have been discharged, an
Instantly after have been horror stricken.
Mr. Bayard asked the Jury to consider tha
law il made for the benefit of society Of whic
Il Woodward is one that it has nothing in it c
@ personal vengeance that its examples al
intended to serve as warnings to others and
prevent repetition of the crimes by til
p offenders themselves 1t il the province of iurit
il tn secure the rights of ALL and he expressed hin
> self confident in the belief that this jury, unde
n the charge of the court, and under the proofs
the case would find that thih prisoner had con
II mitted no crime whatever. II there is man
n this Jury who at the end Or their consultation
II does not feel undoubtedly the truth of the chars
IL against this prisoner, then it is that mans dut
IL not to Withhold his verdict of not guilty"
-e The Attorney General argued the guilt of Il
Il prisoner from the fact that the boys were lie
l. ing from the tree at the time of the firing al
N not assulting him that the aim WAS well tak'
m and the shot well directed and not scattering
ar that malice had been clearly established al
4 asked verdict of guilty for the State
nj Judge Houston then charged the jnry, bl
4 stating the nature OF the Indictment and i
80 strlctng the jury that they bring in verdict
IA glty Of murder in the first or second degre
ia or OF naHslhuBnltf, OF tuHy mlBnl declare III
ia not guilty as indicted, and then proceeded
AT common law the crime of murder consiA
No. Of but one degree, but the malice which is
nf ways absolutely essential to constitute the
m fence il of two kinds, namely express mali
ai aforethought and malice implied by law. O
IA. statute merely makes the crime when commit
he with express malice aforethought at comm
re IAN or in perpetrating or attempting to per-
he trate a crime punishable with DEATH murder
III the first degree, and when committed with M
.s ice implied by law THAT il to say By the comm
n law) murder Of the second degree under
I'll Statute, and simply provides a distinct
as between the penalties prescribed
lie II when 1t ii committed with eXpr,
mt malice aforethought and when it is commit
he with malice implied by law which did not IL
AT exist and does not now exist at common Ii
on And, therefore, in all other respects we Ia
ad now notwithstanding the statutes, no other
ar establishing or defining murder of either deg
IN in this state, but the common Law as il exiA
or and was recognized when tile statute was ena
ma ed.
an II il to be observed however, that when
,er- law makes nse of the term, malice aforethou
am ar the chief characteristic and peculiar crit 81
ion OF the crime Of murder as distinguished from
in other grades or descriptions of homicide, il
1im not to be understood i'll the o
hey nary sense merely in which the term ma
was il generally received aud employed, az denot
not actual hatred and anmoslty by one per
by against another, hut ar Indicating that tile
the ntm or act of killing alleged is attended v
Of such circumstances are the ordinary syi
ling toms Of u wicked, depraved and malignant 81