The Morning herald., 1878-12-05
ONE CENT,

| Come here" Wilson went back clear into
the yard and Draper struck him, but Drs-
per didn't move q step-just stood still TILL
wilson came close up to him. y axeyp ID.
Richard johnson, colored:-testifed 10
seeing the killing, and simply eorroborated
the foregoing except saying that the yard
was diyidsd by fence, the part nearest
the house was used as o wood yard, the
front as garden, As Wilson was coming
back, Draper tcame to meet him in the
garden, and the killing occurred there.
Nathaniel Wilson colored and brother to
the deceased, testified to hearing the alters
cation about the fence but did not see the
killing. "A a34 ,iiW 4ka4
Charles D. Davis colored:-1a years
old; was looking out of the window and
heard sthe quarrel and saw Draper hit
Wilson with the axe. s..,ss~.
Edward Mills, colorsd:--Live in Ham
town, and saw Wilson just after the blow
was struck. ~ iM sg
DR.. VIM. T. Kennedy:--I practie medicine
In Middletown; was called upon on the
afternoon of September 22d, to examine the
dead body Of John Wilson; the dead man
lay In the centre of the road In Hamtown;
thore was large wound In his right shoul-
der several inches in depth; several Joints,
the collar bone, and two arteries were cut;
1t most undoubtedly caused death. ..
The State here rested the case.
Before calling witnesses for the defencs
Mr.. Conrad said that he would take the
case as it stood and would endsayer to prove
that Draper was not guilty of murder In the
first degree, as indicted, but guilty only Of
msnslaughter. "f'''a '3f9 ''l't IN
VIM. r. Rothwsll wss then called and
testiasd:-Am constable of New Castle
county, and reside In Niddletown;A early on
the Sunday morning of the murder was
called out of bed ,and going down found Mr..
Vessey and Draper there; Draper told me
about the murder, after got him, quieted
then I locked him up, he having told
me that he wanted to surrender himself;
John Wilson was 38 years old, was heavy
set, and larger than Draper. lWitness was
asked about Wilson's character and was
replying that he had had several unpleasant
experiences with him, when the State
objected and 1t was ruled out.
Robert A.. Cochran, s. Peacock, and Ssrek
r. Shallcross testified that the reputation Of
the prisoner at the bar for peace and good
order was very good. The last witness had
known the prisoner for ID years.
The testimony for the defence here
closed.
Ar.Robinson then opened for the dsfsase:
must say In opening, he said, that we will
confidently expect O verdict of guilty In
the first degree" There are but few
clearer cases than the one now before us,
and the testimony has been one unbroken
chain of guilt. Upon the law bearing
upon this case, you will be fully
charged hereafter by the court; they
will tell you that every man who kills an
other is guilty OF homicide, and that every
act of homicide is murder. In this case there
is no extenuating circumstances; there was
no provocation whatever, and 1t was the
simple killing Of man without any cause
todo SO. The act was not In self-defence,
but 1t was the clear killing of . man where
no offence was Offered. 30 clear that we
have hsd nd dificulty in proving to you an
act of homicide. II the counsel on the
other side says 1t is manslaughter, he will
have to prove that it is 90, and l defy him.
Now where was the provocation! There Ia
none. The murdered man went to him with
his hands in his pockets, and the murderer,
when his victim came close enough, raised
the axe and struck the fatal blow without
any caase or provocstion. 1t cannot he
nanslaaghter. The plea caunot be brought
by the defence that the deceased encreachsd
upon the property of the prisoner at tho
bar, for Draper rented 1t from Wilson, and
even If that plea held good 1t will net in
any measure sonaone the crime, for even II
he had hit him with stick 1t would have
been assault and battery. The only provo
cation was that Wilson told Draper to put
up the fence, which he had perfect right
to do as he was Draper's landlord. Draper
made all the threats and had time
to reflect, before committing the
deed. A plea will OF course be entered
upon the fact that the prisoner gave him
self up, but he had no chance to run
away in the brosd daylight, and In
crowded th0roughfare. After urging upon
the Jury the justice of finding verdict OF
guilty, the State concluded. a....~.., 3
q. G. Conrad, Esq, then followed for the
defence. and In opening said that he could
not fail to realize, most seriously, the res
sponsibility resting uyon him, when no
thought that man was on trial Tor his
life. As the State has said, 1t is . more
than ordinarily interesting case ssand
here to tell you how the killing occurred,
and to explain to you the excusable phases
of the deed. The counsel then went on
to speak OF the Witnesses who had been
towns-talk so long, must have been
greatly added to and distorted, Many Of the
witnesses have testified to what they did not
see. Alfred Jones says he heard she prisoner
tell the deceased to 60 away from him. An!
If he had only started away, how much
better 1t would have been for both; but In
stead, he came into George Draper's yard
and tsunted the man until In sudden
frenzy of passion he struck the blow, ana
/, cannet be undone. The counsel for the
defence then went on to agree at length
and with much ability -that the crime was
not murder in the first degree, in A. much
as then was no malicious or premeditated
intent proved: The prisoner did not leave
his yard and use Alfred Jones words, ssdid
not stsr one Pig" We request, on, those
grounds, that you bring in verdict OF
guilty Of. man slaughter and not q murder