The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1878-10-05

should ask the Jury for conviction for
murder in the first degree, aud he did so
because he thought the evidence showed
that LaTue killed Holland with malice
aforethoueht. He then read from authors
learned IN the law. defining the crime Of
murder lie read extracts from Archibald
and Russell ON criminal law IL shaw that
malice might be- inferred from threats and
other attendant circumstances that showed
wicked and depraved condition of the
heart. Mr.. Mccullough replied to the ar.
gument made by the counsel for the de.
Tense on the evening before ana endeavored
To show that wherever life was taken i'm
deliberate manner, with malice afore-
thought, 1t was necessarily murder in the
isst degree. He said that the evidence
Tor the defense showed that the counsel
would advance the theory that Holland was
killed 10y Llruc in self defense and pro-
ceeded Ia show the nature and character of
Justiiiablc homicide by reading from vari.
Gus legal writers upon that subject. After
finishing this branch Of the subject, lie
spoke of the theory that he supposed the
defense would advance, that the killing
was only manslaughter, because Holland
was accused of being too intimate with
l-arne's wife, and that this provocation
lessened the crime. He discussed this
sustained the position he took by extracts
from the legal writers before quoted, and
concluded his speech by anticipating the
arguments of the counsel for the defense
IN reference to the theory that Larue was
not of sound mind at the lime of the kill
ing.
II was now 3 O'Clock, and Mr.. McCul.
Tough was about commencing Il review of
the testimony, when one of the Jurors
stated that he was quite sick and asked
that the Court take i recess, whereupon
the court adjourned till clock.
EVENING SESSION.
Court met at o'clock, and the States
Attorney resumed his argument before the
jury and proceeded To review the evidence,
and argued that Laru- showed no symp-
toms of insanity or excitement inconsis-
tent with the theory that he contemplated
the commission OF the murder, and that as
was charged in the indictmeutl he was in
stigated by the devil. He then took up the
theory that the killing was done in self
defense and argued that Mrs Kline must
have been mistaken in her evidence about
what occurred in the yard, inasmuch as she
was contradicted by al the other witnesses
i'll the case, even 10y Larue himself He
argued that the want of agreement in the
testimony of the States witnesses that saw
the shooting only proved the truth of the
accounts they gave of it, He called the at
tcntion of the jury to the testimony Of
Simpson and Backman about the conveGsa-
ton between Crouch and Larue, and said
that it was contraiicted by Sheriff Boul-
den. The States Attorney closed at 1:45.
Mr. Constable Immediately commenced
his argument for the prisoner. He said he
would have an easy task to try the case
presented to the jury in this court but
there was another one outside of the court
which had been manufactured by outside
parties in North East, and he had To com.
bat the prejudice engeudered by the latter
case. He argued that certain people in
North East held 4 sort Of a nightly court
III that place for the purpose of instructing
the States witnesses what they were To
say and what they were not to say and all
for the purpose of securing the conviction
of the prisoner. lie insisted Upon the
credibiliry of George Simpson aud Back
man, whose testimony, he argued, was
quite equal to that of the simple minded
negro Crouch, who had been drilled as be-
fore stated. He did not know of any rea
son why the jury should not believe Mrs.
Kline, only that if they did not they might
snatch the prisoner from the talons of the
McCrackcu gang. He asked what induce.
ment there was for her To come here and
pcrjure her soul To clear Ned Larue That
one of the witnesses for the prosecution
owing TO the state Of public opinion in
North East, had put him in possession of
such important facts, few weeks ago that
lie had him summoned. and that he had
not testified Ia one word that he had said
but had fa!siiied the whole story when put
on the witness stand. lie animadver ted
severely. throughout his speech upon the
accounts of the murder that had brcu pub
lshed IN the county papers. and argued that
the State had not proved its case and went
on ri considerable length Ia read au,hori
ties upon the subject, and then argued that
the State could not prove its case in a legal
manner by three ignorant negroes who con
trad!cted each other and were contradicted
10y the witnesses for the defense Counsel
then discussed the different kinds of muir
der, but as he had done this in his opening
speech ut some length, the reporter deems
/; unimPortant 10 attempt Ia give "A synop-
sis of his remarks, because they were nee.
rsSarIly similar 10 those before reported
Mr.. Constable, after continuing his re-
marks until 300 T.. NJ, stated that lie was
quite uuseil, and asked the Court to adj
.ipurn, which it did until "Wednesday morn
ing.