Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-03-30
The CIaNfOn-HOrner Homicide.

L.
Yesterday, AT 2l& o'clock pm. i'm the Crimi
nal Court, Judge Wylie, the jury in the case of
Thomas ClaXtOn, charged with manslaugbter.
in having killed William Horner, his father
in-law, by striking him with a poker on the
10Th OF February last (whO retired AT 2l% o clock
on Inc previous day., were sent for, and Mr.
CombS the foreman, asked, if the jury believe
that when MIR. ClaXtOn threw the poker he had
no Intention 10 Kill MIR. IIOrner, was that man.
slaughter?
The court replied that il was and said the
attempt TO strike Mr. HOrneT was an unlawful
act. and II the blow caused death il is man
slaughter, whether the intention was TO kill or
not. But il the jury believe from the evidence
that the defendant did not intend to strike the
the deceased, then II was not manSlaughter.
The jury went back TO their room and about
5 O'Clock they came again into court. The
clerk asked if they had agreed upon a verdict
The foreman responded that they had not
The court said that there was one method
which IUrleS that found themselves agreed
upon the facts, but still unable TO determine
what verdict TO return sometimes adOpIed
and that was what is called special yer
diet. There the jury find what facts have
been proved, and make up a verdict stating
those facts, and ask the court thereupOn TO
determine what verdict must be given. and
the court determines whether those facts ac-
quit or convict the accused. A jury was some
what like married cOuple-if they could be di-
yOTced and go apart they would often continue
in disagreement, but if they found that they
had TO continue together they would agree.
Mr.. .CombS-'Must we retire again?'
The Court-"IeS. After case has been elab
rateiy presented and argued am not disposed
to take it from the consideration of jury alter
a short discussion"
Mr.. CombS-'sMuSt retire 10 that same old
mattress had last night? Ii is mighty hard ;"
The COurt-"I cannot help il you must con.
slider the case further"
Colonel Corkhill said that he did not protest
against the action of the court, but gave no
tice that he did not waive any OF the rights of
his client that il might imperil.
The jury returned again at 10 o'clock, with
the following verdict:
I'VE, the jurors, find that William Horner
came TO his death from wound inflicted by a
poker thrown by Thomas Claxton, without the
intention OF killing the said HOrner, with
recommendation to the mercy of the court"
The Court. do not say whether the
poker slipped from his hand?
The Foreman.-That's been heap of trouble
A Juror.-We find that he hrep the poker.
The Court.-Is this the only verdict you can
The Foreman.-Yes; we can agree upon
The Court.-Let the verdict be entered.
Col. Corkhlll, Tor the defence, said he did
not agree that the verdict should be entered !;
he desired to reserve all the rights of his client
The Court.-There is nothing waived i'm a
criminal case by standing quietly by. You can
make your motion within four days.
The jury was thereupOn discharged and
Claxton released from custody. The effect of
the verdict has not been formally determined
and TO complete il formally there will be re-
qu1red an entry by the court TO the effect that
10y the verdict the defendant lis acquitted or
sis convicted"
Further proceedings to day are reported un-
der the head of "A Busy Day in the Criminal
Court"
About l% O'Clock Mr.. Corkhill filed mo-
ti0n for new trial, which was oyerruIed.
The court said after the verdict was re-
corded, that the facts found constituted man
slaughter. but he had never known a case i'm
which the line between manSlaughter and ex-
cuSable homicide was so narrow. They had
here an old Maryland law, and under that
law, and IN consideration of the relations
which existed between him and the family
and his previous good character he would
impose sentence OF four months i'm Jail.