Middletown transcript., 1874-12-05

Spruance opened the defense, speaking sub.
stantially as follows;
Gentlemen Of the jury The first time ever
4saw Woodward to know him, was ia the
early partof last year in the y IS. Csurt,
where he was serving ~ Juror, andI little
thought then, when he was occupying as you
do now the honorable position Of juror, !
should be called upon to defend him from SO
grave charge as murder The crime is not
only the gravest in it's consequences, but car
ries with il the most terrible and ignominious
punishment known 10 the law. He stands
charged With deliberate premeditated murder,
murder committed with malice aforethought..
Ny duty is to lay before you the grounds on
which re meet, and on which we.believe we
can fspel not only this charge, but any crime
whatever. That this unhappy boy came to
/ his death BY the discharge Of gun in the
hands Of. the prisoner we do not deny. But
that calamity is not confined to that boys
household, but has been the occasion Of much
distress to this unfortunate prisoner. We do,
however, stand here to deny that though he
may have cause for sorrow, heis not free from q
gailty participation. Mr.. Spruance then pro-
ceeded to say that the first point to which the,
tjafy should direct their attention is to the
intent. Did he discharge the gun Voluntarily,
and if SO what operated on his will? He
claimed that this man Woodward was in an
unfortunate position with his mouth closed
and unable to say word in his defense
Woodward stands ON one side and the six
boys on the other. Yon have heard the story
Of five Of these boys who at the time of this
occurrence were not only trespassers but con-
federates in crime indictable under the laws
of the State. Bent on common purpose
then to rob bent on common purpose now 4
to hang. He claimed that facts would be
shown inconsistent with the stories Of these
boys. 81. i.,is sisa Is, II t's4ss 81 is'assas-
Mr.. Spruance charged that such was the
conduct Of gangs Of boys and men, plunder-
ing IN that neighborhood, that It was but the
act of prudence 10 60 cut prepared for self
defense. The facts would be proved. The
defense would prove that vths gun had stood
in the sitting room, loaded, for some weeks.
They would prove that this man Woodward
lvas subject to incqrsio1a pp9a his property,
and that only the Sunday before was beset
by ba9d of p!qqdsFers,. I'VE will show you
facts, under sworn testimony, utterly incon-
sistent with the stories Of the six boys The
defense would show that, Il what we proved
was by any means true, than one Of the boys,
at least, lied Mr.. Spraance claimed that
showing the whole life 'sf Wood diby those
wtie baye known him from bis birth 70 this
day, would, reveal a icharacter which would |
utterly negative any malicious dispesition.
That he was 4 peaceful, lsw-abiding citizen. 1
who could not be provoked into an ,ifnfraction
of the law. That be was living iaa 4 rented
fkrm, earnisg san honest livelihood, With his
wife and two children, one years Did and /
the other babe Of ~ weeks old, at the time
of this occurrence. We will show you that
enithis morning be had been to Csntreville to
bring a,coM, that at 3 o'clock he had return
ed home aad after talking to his wife aud
sister-in-law a few minutes started for the
barn that going ont he saw these boys and
like prudent man took his gun and started
over to the boys. We will produce witness
who saw him going at usual pace across
the fields and saw him emerge from csrner
Of the woods, The witness then turned away
and did mot see what happened under the
tree and God knows what did happen there.
These boys have told you, but you do not
know it. One Of these boys stands before you
elling you be did not know how many times
,s had been arrested for stealing and. an
,ther boy-Speakman-we will show unre-
liable. We-will show that about FIVE pipu-
es after, HIS sister-in-law looked odt~And
Jaw Woodward coming rapidly TO the house,
md recognized Speakman going up the tree
ind tearing dow wn a notice to tresspassers from .
hat very chestnut tree Speak man swore that's .
here were no notices then there.c' esa5 ssas
Mr.. Spruauce claimed the.r lhe- defense
ould prove that far from having an intent to
hoot Lnkess deliberately, Woodward was aIE'
mere tyro at shooting. Never shot . bird ON
be wing and could not shoot . turkey in his
'wp barpyard That part Of the load went
nta the tree and evidenced such q relasiyef
'ositionsee the=eree AZ regarded Woodward
nd the running boys a. to make 1t almost
impossible to take deliberate aim. Wewill |.
how you that when the prisoner found the :
10y was hurt, instead Of picking him up and
rdering him off and throwing him down
gain and telling Speakman to 60 somewhere 4
Ice and get wagon,on the contrary, he
licked him up gently and finding him hurt, !
eckoned to Speakman to stay by him while /,
e hastened to the house to get conveyance.
Thatwhen be returned, Speskman, uRfaith-
ul to his trust, was gone; that Woodward, !,
rith help, took him to his house, sent for a.
octor, and did every thing in hispower To- :
leviate his suffsrings and that no doctor !,
oming, he By advice, had Lukens comforta-i
ly fixed in wagon and conveyed home. |.
We will show you accurate measurements Of !
II the relative distances at that scene, and
emonstrate that 1T some Of these points these
oys could neither have seen nor hesrd what :
hey swore they did. ii I sal 5,5., go. 4
In conclusion, Mr.. Spruance. begged the
nry to consider that it was only the province t
+ the defeHse to negative malice. God never G
nade man with SO murderous a heart that I
e-coaid pass from the bosom of his family to 4
ommit deliberate murder, and the nextlin- e
tant be transformed into a,kindi and 'humhne
riend. In taking this scase'and considering i
ll4the facts, en- surethatin 6nding Wo sod '
Yard innocent Of 4 guilty inteht, you will do u
our duty to your conscienees, your oaths b
nd, to the State. = .s.a.o,n 81, a
Mr.. Spruapee closed at4Ib pm. Ii
sallis o. stidham sswsoin-Efxs on Ldnsas-f &
sr PIKE, tso miles nom wilming.on Mr.. d
Woodward is my brother-in law; Iusually y
g r q 3 Y 81