The daily gazette., 1874-11-28
Spec .ally Reported for the GAZETTE.

| Specially Reported for the GAZETTE.
NEW CASTLE, Nov 27th, 1874
At 1856 Mr. Hodgson opened tho
case to the jury on the part of the
State, as follows:
Gentlemen of tho Jury, you are
brought here from the body of this
county for the purpose of ascertaining
whether or no Aaron X. Woodward,
the prisoner at the Bar, be guilty of
the charge with which he stand indie
ted, the killing of VIM. II. Lukens.
This is peculiar case, in fact such a
case rs has not occurred in this court
within my legal memory. 1t has pc
culiar phazes in it i; the question to be
determined by you, after hearing the
evidence, Is one entirely of intent ex-
press or implied by law. l am well
aware how difficult it is to ascertain
what are the peculiar feelings of the
heart, and the intent of mans mind.
That alone is left to Him who knoweth
and doeth all things well. The mind
; of man is naturally proned to truth,
unless some peculiar design prevents
the acting out of the instinct. The
intent is to be judged from the effect
, of his acts In telling you of the mat
/ ter you have for your earnest deliber-
. alton, it is necessary on the part of the
State to define the charge of murder.
Mr.. Hodgson then defined murder,
: drawing the distinction between 1st
, and End degree, and applied it to the
present case.
, He then proceeded to give the legal
detinetion of manslaughter and, eX-
!, planned the nature of malice as laid
: down in the books. He then called
the attention of the jury to the facts OF
the case now on trial.
}. Six boys, the eldest of whom was
h not 10 years OF age, on the 9th day OF
October last, started from Wilmington
y out the Spring road in the direction o
e the house lately occupied by Wood
,Tp ward and in which his family nov
.. reside. About 10 o'clock, A. NJ.
70 standing in the road opposite the pri
soncr's house, these boys saw Il tree
grew. They entered the field, an
70 three OF the boys, tLukcns, Gree
) and Skelley, assembled the tree. The
y. had scarcely settled themselves in tn
branches to knock OF the burrs, whe
they were called upon by the prisoner
a. who was running rapidly toward
l
or he would shoot them. They begge
- him not to shoot as they would com
down. Lukens and Skelley started
or they jumped, Lukens striking tn
ground first. The prisoner was the
under the tree and as Lukens struc
. the ground Woodward struck an
nearly fclled him. Before Woodwar
ng had arrived under the tree, howeve
the other three boys of the part,
Spcal,man, Coyle and McElvey, ha
run out Of the field into the roat
nd Standing at the tree to the left there
ior woods, TO the right the road, Afte
woodward had struck Lukens, breal
' ing the stick, Lukens and Skelle
started running towards the wood
When about 10 yards away Woodwal
raised his gun and fired, when Lukel
/, fell to rise nc more without he'll
a35 Skelley received some of the shot
ids his arm. Lukens was shot III the rigl
on side of the body.
to to Skelley ran one; Woodward pickle
re, Lukens up and stood him on his fee
!u- but letting him go he fell to the grount
lst lst Woodward left him there to his fat
and went to the house. One of Il
bows then came back to Lukens or
ses had some conversation with him an
so. started for conveyance, and when
tsr came back Lukens was gone-and
was next found in Woodward's hous
From thence Lukens was removed
). his home, where, October 7th, he die
81" These are the facts as they were give
to me.
) In conclusion he begged the jury
remember that they were to find ve
dict from the evidence and from q
evidence alone. 80,
Al D. m. court took o recess until
p. m.
AFTERNOON SESSION
,o At3p. m. court reassemOied.
~ State as. Woodward continued.
Edward Speakman sworn Live at n
: jackson street. Wilmington, and liv
there Oct, 9Th last; did not know Woo
atty | ward before Oct. 9th last; saw him at /
viii farm that day; know Lukens and sw
fee with him Oct. 9th last; Blk OF us, Lukel
Green, skelley, McElvey, Coyle and mys
went out that road; stopped at Woodwar
q. place to get chestnuts; Mr.. Woodward cal
nut with a gun; Lukens said he would col
down If be (Woodward) would not shoot;
Lukens was coming down Woodws
picked up stick and struck him; Luke
and Skelley ran towards the woods but b
'oo' not got more than ten yards before Woo
n ward shot; Lukens fell; went over
AT. | asked Woodward if lie would lend me
wagon to take Lukins home; Woodwa
told me to go somewhere else and get
fs' wagon / went to Mr.. Browns to get
ave wagon and got one; when 1 returned W
il Luksus was gone; aext saw him
= Woodward's house on that day and at II
10 | brought him home in Woodwards wag
d when Lukens got down that tree was
= the road; we first started for Brandyw
Nv. half an hour at the Poor House Cemete
from there We went to Woodward's; we
=" went together to this chestnut tree; Luxe
SkeIley and Green went up the tIee;
Ell! woods are about $50 yards from the II
and when l first saw Woodward be was abb
ires. res so yards from the tree, coming pretty
ga / ii 4. ..,r ;,, hia hand. / saw WOOdw