Wilmington daily commercial., 1875-11-22

C)NuLubIOS OF THE NELL TRIAI-THE CuARGE
OF THE COURT
Reported for the Commercial
KEw CASTLE, Nov. 20.
Court opened at 10 o'clock, Judges Glpin,
Wooten and Houston on the bench.
State Us. Daniel O'Neill was resumed The
| major portion of the morning was occupied by
MIR. Lore in summing up for the defense, fol-
lowed by Attorney General Pennington for the
State. At 1902 P. Nj. Chief Justice Gilpin
charged the Jury.
He alluded to this case az one Of great mpor-
lance In more respects than one, and as not the
ordinary case of murder. 1t involves coneidera-
tions which do not usually enter into cases of
violence where death has ensued. Generally
| homicides are committed by men of no off ,ial
station, and most frequently by vagabonds and
desperate idle loafers. This death, il caused at
the hands OF O'Neill, was caused by an officer OF
| Justice, one OF the instruments used for the
preservation Of public peace and the protection
Of property and penons or fall, men they are
| bound to be circumspect.
Officers are presumed to understand their dl-
| ties, and there is 3 responsibility resting on
| them, and in the performance Of their duties in
| proper manner they are under the protection
| OF the law This is a reasonable principle, other
| wise there would be no security for persons and
property. But when they exceed their duties
| they are held to striot account.
Where person having authority to
| arrest another uses proper means to execute
his authority and death results to him it will be
| murder by all who take part in the resistance.
This applies to civil and criminal cases. The
converse OF this proposition is true. The officer
may repel force by force in the proper discharge
| OF his duties and is protected il death results.
| But an officer must not come to extremities un-
less there be reasonable necessity. II he should
| kill where there is no resistance it would be
murder. Where an officer is in pursuit of a
felon, and the officer cannot overtake him he s
Justified In killing him. Where a man is ac-
cused of misdemeanor and an officer is pursu-
| ing him under warrant and cannot oyertake
| him, he is not justified in shooting him, and il
he does it will be murder.
| The question for the jury is whether the pris-
| oner caused the death of Sarah Doyle? In ether
words, was he or not the agent of her death II
| he was not there is an end to this case II YOU
are satisfied the prisoner fired the shot, then the
| question of law arises did he commit murder OF
the second degree? That is a question OF law
| for the Court.
| The Chief Justice then summed up the facts
concerning the warrant ON which Wlngate wae
arrested, and instructed the jury that il they
| found that the prisoner deliberately shot at
| Wlngate and missed him and struck Sarah DOYLE
| this is murder as much as if he had killed Win
| gate, and the malice is involved and ncorpor-
ated in the unlawful act. The act being unaw-
| ful and without justification and in utter disre-
1 gard of the rights of others carries with it the
implication of malice. 1t is implied from the
unlawful or felonious attempt to commit harm
which unfortunately resulted in the death
| of some one else. Malice followed the ball.
| Where felon flies and cannot be oyertaken the
officer is justified in killing him, and this is the
| rule that applies to felony. But this rule does
| not apply to misdemeanors. There is no justi-
/ hcation and the crime is murder.
| This is no new law there is no novelty in
| these principles. II you are satisfied that the
| prisoner shot at Alfred Wingate, and the ball
| struck and caused the death of Sarah Doyle he
| is guilty of murder, and your verdict should be
one OF guilty. But if you are not 30 satisfied,
your verdict should be one of acquittal
| The Chief Justice then made a resume of the
facts and instructed the jury to give the prisoner
| the benefit OF any reasonable doubt
| After an absence of half an hour they re-
| turned with.a verdict of mot guilty"
| The case Of George Wilson, charged with an
| assault with intent to commit rape upon Georgi-
| ana Justison, in Brandywine hundred on Nov
| |, was called. After the drawing of the Jury.
| MIR. bennington stated the facts tho State would
prove and called Georgiana Justeon, who stated
| the circumstance Of the assault.
Court took recess until o'clock, when Levi
| G. Bird, Esq., opened on behalf of tho prisoner,
| and when he had concluded called several WIT
nesses by whom he proved an dliJi. The State
| then abandoned the case.
State gs John O'Harra and John Saville, Jr.,
| indicted for an assault and battery upon Elias
English, at Front and Lombard Sts., on Septem-
| ber llth. Verdict guilty. Sentenced each to
pay S25 and costs, and be imprisoned 3 months.
State Us Charles johnson. The prisoner was
| indicted for stealing pocket-book from Miss
Annie Goodrich at the P. W. X b. H. r. depot.
| BY his statement he convicted himself and re-
| ceived the following sentence: Restitution
| money aud costs, on Saturday, the 9th inst,
receive 20 lashes and remain in prison months,
wear convicts jacket six months after he il
| discharged.
At 8 O'Clock Court adjourned until Monday
| morning at 10 o'clock.