The Morning herald., 1878-05-13

New Castle, May l1th, 1878.
Court opened this morning at 10 O'Clock
Chief Justice Comegys and Associate Jus
4ices Wales, Wooten and Houston on the
bench.
Defence CONTINUED.
DR.. Maxwell recalled, testified thst in
ltoxication and delirium tremens was diff
ferent; one is temporary ailment, the
lother form OF insanity; the prisoners
mind was unsound and was la5orins under
delirium tremens when the deed was CON-
mitted and was Incapable of distinguishing
right from wrong.
Cross. examined Il have said ha was
insane, and an insane man, he could not
disting uish that IL was wrong to kill L; dee
lirium tremers Is disease and is paroxysmal;
at times the disease develops itself and the
person is raving, and at other times quite
the opposite and apparently very rational,
although he might be oblivious of every
act.
DR.. John J. Black corroborated the above
Testimony.
The State called James T. Whelan, and
he testifed:-I am Sergeant of Police IN
Wilmington; saw prisoner In police station
on night Of murder; offered Thomas liquor;
he decliLed to take it; I insisted, when he
said "You want to fix me up to hang me"
Officer Brickle testified On night of the
Occurrence, before arresting Thomas, he
said there was $25 in the house; it was In
hie pants pocket; went to pocket and got
l$24; paid it as prisoner directed.
The State here closed, and H. R. Pens
lniugton, Ese, Deputy Attorney General,
addressed the jury, substantially, as fol-
}lows: Thank you, gentlemen, for the
attention you have given to this case. l
might also congratulate you on It's approach
ling end; for at all times on any case it is
unpleasant to be dragged from home and
business by the process of the Court-to
leave your family and loved associates at
Home. I might congratulate myself that
II have well neigh finished my duty, but
while our duty is ended, yours is about to
begin. You have heard the details of that
horrible occurrence. The State does not
seek the blood of William Thomas, nor to
damn him by verdict of guilty. AS far
as the State and prisoner is concerned, we
nave equal rights.
The charge is one Of murder. The pris
oner in the box stands with closed mouth,
but there is another person whose mouth is
not closed by law but by the sleep of death.
On the night Of the 5th OF April last,
there was,s In the City Of Wilmington,
Happy home, as far as we know. How diff
ferent to-day The home is broken up, the
father in q criminal dock, the mother silent
In death, and their three little girls aged
respectively 13, 6 and years, are dependent
upon charity. How gloomy and melan-
choly Is this
Nellie Thomas relates, In her child-like
way, the unhappy events of that evening.
She saws her mother died about q month
ago. That her father on that day went to
work about 10 o'clock. The gentleman
then reviewed the evidence. Going on, he
says, the act was nothing but that of de-
PRAYED and malignant demon, unfuriated by
whiskey. 1t is the opinion of the medical
witnesses that the prisoner didn't know
right from wrong-that is for you to deter
mine. If you say he did not, then you say
to the people of New Castle County that
man, In a week, may bring upon himself a
debauch and then commit a crime which he
is not held responsible for-yeu open the
door for commission of crime. This is all
aggravated case. Whatever may have been
the faults of that woman, although she
may have been beastly drunk at the time,
he had not right to kill her: If she had
been poor wife to him, he had been
worse husband to her. After the deed was
committed, be said ~ have done the deed,
I will be hung anyhow" 1t was COM
punction of conscience for the crime he had
committed. So then, gentlemen, the quess
tion to determine is whether you believe
| thht the prisoner had not at the time the
! power to refrain from committing the act
1t must be your opinion, you are the judges
You must bear in mind the condition and
the appearance of the man at the time,
Dr.. West attended the man the day pres
vious for delirium tremens. Next morning
found him SO much better that he was will
ing he should 90 to work. did not, he
said, expect return of the disease. Mr..
Pennington then reviewed Thos. Johnson's
testimony and that of his fellow workmen.
Gentlemen, leave the case with you. 1t IL |
not for you to shrink from your duty--the |
punishment of the law is not vengeance,
but protection for the community.
At the conclusion of Mr.. Pennington's
address, about 2 O'Clock, Court took recess
to o'clock, when George Gray, ESQ, adj
dressed the jury on part of the defendant, !
which was substantially as follows:
Gentlemen:-l know you will have this |
much sympathy with me, feeling, as do, |
most deeply the responsibility that hangs on |
my hands, that you will do this case entire
and simple justice. My only hope has been
in the selection of this jury, and having
exceeding confidence that the defence which |
l have attempted to make plain to you, is |
just. There is prejudice against the de-
tense in setting up insanity. This is no |
made up defence growing out of the trans
action itself, The act itself, horrible in ite
details, suggested Ii to me that no man in |
his right mind ever committed it. On con-
sultation with medical gentlemen, their
opinions being so close, l believed some |
ablur counsel than myself should have had |
the case. 1t is not for me to bring before
you as evidence the history of this unhappy
man-to tell how home once bappy. was
destroyed by the demon. rum. How the |
unfortunate wife, given to drinking, went |