Daily Republican., 1878-12-05

heart. The wound was five inches long
, and two inches deep. Wilson died from
those wounds.
The State her. rested and Henry G.
Conrad counsel for the prisoner ,open cd
on the part Of the defence. In his re
marks he acknowledged the killing,
but instead of verdict in the first de-
gree, as made out in the indictment he
thought that the verdict should be- one
OF manslaughter.
AAThe first witness called up was VIM.
R. Roihwell He testified that he wa.
b me on the morning of tn. murder and
that early in the morning a gentleman
named John Vcazy came to my door
with Draper. George was crying and
going IN in a great way. | asked what
was the matter and he said 81 struck a
man with an axe and ! am afraid
have killed him. | asked him wha1
che was going to DOR and he said ht
didn't know h. thought he would CONT
to me-" said 81 willlock you up" The
deceased was about 3S years Of age.
Robert A. Cochrar, sworn:-Live in
Middleton hav. resided there eight
years; am acquainted with the prisoner
at the har. He worked for me and his
reputation is good.
Cross examn-d:-He has been on my
farm the last year; | knew him abou,
twelve months prior to that; as a ser.
want. wouldn't never want a better,
s,.rl;p. D.nnn.ly Rnap
quaint.d with Draper since last sum
mer: his reputation is good.
Sprick +. Shallcross, sworn:--Live
thre. miles from Middletown and two
from Odessa; hav. known George Ora
per for about twelve years; his reputa-
tion is good; he lived with my father
for eight year,, up to four years ago.
tn. prisoners defence here closed.
Mr.. Robinson began his argument.
He held out most earnestly for a YER
dict Of murder in the first degree
Taking all the facts into consideration,
he was bound to do this, because h.
thought society demanded it. "lf this
isn'tmurder, said he earnestly, where
in the name of God do you expect to
prove MURDER II this isn't murder
then even we are not safe. The words
expressed by the prisoner at the Bar
plainly show that there was malice in
his heart The words OF the dead man
imply that: | am tired Of hearing you
threaten to knock my head off. y
The prisoner at the bar had cher
ished n grudge against Wilson, had
threatened him, and it was then when
that opportunity occurred that thes'
oft-rspeated threats were put into exc
cution.
Mr.. Robinson closed in about 4j min.
utes.
Mr. Conrad then began his argument
1t consumed about an hour in its de-
livery, and was an able and most ef
fective plea. He marked out the diff
f-rent degrees of crime, and endeavored
20 lmpress upon the minds OF the jury
the different circumstances which thes'
different deUees OF crime ceuld he per
mitted. As an illustration of an act o
manslaughtrr he referred to the cas-
; then under consideration. A case 0
manslaughter is one where a murder il
committed in the height of passion, anc
an unprecedented assault. DrapeI
was on his own property engaged il
cutting wood, and Wilson happened to
come along, some words occurred be
tween them.
There is no desire in the heart o
Draper. no malice whatever for he says
john Il don't want any fuss with you,
That expression indicates the very op
poslte.
. am here in this case by an appoint
ment of the court to tell you as best
can to express to you as best may, how
. this affair occurred, and how far he, thu
prisoner is guilty, if guilty at all.
We have Hamtown here in grea
. force, they have told you what they
. knew and great deal they didn'tknow
iidn't think they would have any
thing to say in favor of the prisoner
The affair of which they spoke being tn
talk Of the community they nave he
come at last to actually believe to wha
they have testified.
After reviewing the evidence Mr.. Con
rad said, George Draper was cuttinI
I wood in his own yard, it was here tha
, he and his wife live--it had only beel
two day since that his little child wa
laid in the grave-he had come gu
with no thought OF numbering anybod.
but had come out to cut wood. IL
, didn't know John Wilson would b
around; John said: II want that pane
of fence put upfn George said, | haven
time and won't do it until ge
ready" That was a civil answer. JOIN
replied possibly you will put it up be
, fore you get ready All. that was JOIN
Wilson. True enough lie didn't COM
!, around with a club, he had no danger
ous weapons, but there can be Othel
means used to stir up a man anger
, Thus it was, for the first time, tina
George showed any passion whatever
He then said he didn't want any fus
with Wilson, and admonished him t.
leave or he "would knock his head off.
He dian say this i'll any extraordi
nary manner. He didn't say I'll mur
der you. 1t was merely one OF the man,
exaggerated expressions that you and
are liable to use.
: John Wilson went away; Oh, had h
| stald away John Wilson would hav
) been a living man to day, and thi
| prisoner would not now be on trial fo
: his life. But instead of that he 0nl,
went awaya few steps and returned
( aroused and indignant Now knock NJ,
head of said he. His actions were th
most offensive. He came up in th
Z most aggravating manner and with th'
; most insulting expression for the |,
; purpose of aggravating, tantalizing an'
4 deviling.