, 1877-09-28
FRIDAY, SEPTEMBER IS, 1877.
THE MURDER TRIAL.

In the recent trial Tor murder, nelu
in this town, Henry l.. Sutton was
convicted only of manslaughtcr. On
Tuesday of this week he was SEN
fenced to 5 years close confinement
This was contrary to the expecta-
tons of many before the trial. The
evidence, however, developed some
mitigating circumstances which
paced it beyond the power of the
iury-acting in the capacity of fsensi-
bic lnen, under their Instructions
d fl, IN Jnigs Lewis-to find the pris
oner guilty of any other grade of
crime. Those circumstances We're
about as follows: That Howard was
quarrelsome, not to say dangerous
man; that he had distinctly and ex-
pressly threatened the life of Sutton,
saying, short time previous to the
affray, that he had given him (Sut
ton) three chances for his life and he
would not give him another; that
Sutton knew these threats had been
made; that the shooting occurred at
Sutton's house, Howard having gone
there, and, during the row used very
abusive language to Sutton; and
lastly, that after the shooting How
ard was picked up with pistol in
his right hand, showing that to all
appearance at least, he had gone
there prepared to execute his threat.
We have before us the charge
given to the jury ON this case, by :he
Hon. J. R. Lewis, 1t would be quite
interesting, no doubt, could we pub
lish this document in full. However,
in view of limited space, brief out
line must suffice. The Judge COM
menced by defining clearly the pro-
vince Of the Court to be, first, to de-
clare the law; that of the jury being
to weigh the evidence and ascertain
the truth therefrom, fixing dpon some
grade of crime--according to the
definitions, given by the Court, as to
what constituted these different
grades, Then follows few briefin.
structions, concerning the evidence,
among which was the statement that
awitness is presumed to speak the
truth until otherwise proved, also
that the. defendant is presumed to be
innocent until otherwise proved be-
syond all reasonable doubt. The
Judge then referred to Sutton's at
tempt. to fee Immediately after the
shooting, stating that such an at
tempt'usually indicated q conscious
ness Of guilt and a desire to evsde
the law, but that it might spring from
very different motives because the
prisoner, although innocent in his
view OF the case, might deem it
necessary to his personal saisty TO
fee. After this came the declsra
ton that the law permits person to
kill another in necessary self defense.
said killing being the taking OF Of
human life in case where the de-
fendant would undoubtedly have lost
bis life or suffered great bodily
harm had he not killed deceased.
The Judge ~ss very exrhcit, how.
ever in saying that 1t did not depend
so mach upon the fears which Be
iend1p, nay have entertained. as
upon the dcrisipn AZ ste jury con.
cernirg ~ ground. fnr ths- fears
The aifrrsut grade of c-'wr were
neHi defined, having mardsr in abe
hrsi drgrre 20 BE- where a person
deliberately, pnposs ' and mslici-
ously takes the lie of another; mar
der in the second degrcs being ;h.
SANE with ihe exception thas 90 com
mit Is, 90 pfemrditatiunis necessary.
hsnslHuglier ~ss defined a. the uu
la~fal taking % tnmsn lifa. sithout
malioe, elihsr voluntary upon sud
dfr tcat oi passicr, or involunury
iuthe cussrs = vn of en- nrI -iui ac,.
A. hss ben sfcn, this lsst ( rsde -as
hAe1 apQn by she jury. tie sridrnce
going in show tbous - stated o. tie
commencement O this article.
The iBr uRs coun. ssd % men
who ucre undanhtrdly 10 from
pre- iutirrs, sither o. ~ scs nst sat.
ssn, an's lhs 1adge VS. quite emphl.
&c 10 sisiing Z shst ,he prislusr va l.c.
arg tfiess not for any crime cornmii.