The daily gazette., 1878-12-05

ANo 10 HOOI.
Cross-examined:- He has been on my
farm the last year; l knew him about II
mont hs prior to that; as servant 1
would never want better
Sterling Peacock, sworn Been ac-
qtlainted with Draper since last summer;
his reputation is good.
Syriac f.. Shallcross, sworn Live
three miles from Middletown and two
from Odessa; have known George
Draper for about twelve years i his repu-
tation is good. He lived with my father
Ior eight years up to four years
ago.
The prisoners defense closed.
Mr. Robinson began his argument
He held oat most earnestly for verdict
in the first degree. Taxing all the facts
into consideration he Was bound to do
this because he thought society demand
ed it. "If this isn't murder" ;" said he
earnestly, "where in the name of God do
you expect to prove murder; If this isn't
murder then we are not safe" The
words expressed by the prisoner at the
bar plainly sho VS. that there was malice
in his heart. The words of the dead man
implies that-"I am tired of hearing you
threatening 10 knock my head Off" The
prisoner at the bar had cherished a
grudge against Wilson he had threat
ened him and 1t was then when that op-
portunity occurred that these oft-repeat-
ed threats were put into execution.
Mr.. Robinson closed in about 45 min
utes.
Mr.. Conrad then began his argument.
lC consumed about an hour in i's deli "
cry, and was an able and most effective
plea Itmerked out the different degrees
OF crime, and dendeavored to impress upon
the minds of the jury the different cir
cumstances which these different d, grees
OF crime could be permitted. AS an il
ilstratlon of an act of manslaughter he
referred 10 the Gaze then under considera-
tion. A case of manslaughter is where
murder Is committed in the height of
passion, and an unpremed ted ASSAULT
Draper was on his own property, engaged
in cutting wood, and Wilson happens to
come along; some words occur between
them. There is no desire in the heart of
Draper, no malice whatever, for he says,
81 ohm, L don't want any fuss with you! !"
That expression indicates the very oppo-
site.
am here in this case by an appoint
ment of the Court to tell you as best L
can, to express to you as best may, how
this affair occurred, why it occurred, and
how far he (the prisonep is guilty, if
We have Hamtown here in great force.
They have told you what they know and
a great deal what they didn't know, L
didn't think they would have anything
to say in favor of the prisoner. The
affair of which they spoke being the talk
of the community they have become at
last to actually believe what they have
testified.
After reviewing the evidence Mr.. Con-
rad said, George Draper was cutting
wood in his own yard. 1t was here that
ha and IA 10 fn I, "A
two days since that his little child was
laid in the grave-he had come out with
no thought of numbering anybody, but
had come out TO cut wood. He didn't
know John Wilson would be there but
j John unfortunately came around, John
says 81 want the panel fence put up"
George says, Il haven't time, and won't
do it until get ready That was civil
answer. John replied possibly you will
put it up before you get ready. All, that
was John Wilson! True enough, be
didn't come around with a club, he had
no dangerous weapons, but there can be
other means used to stir up mans anger
Thus, IL was the first time that George
showed any passion whatever. He then
said he didn't want any fuss with Wilson
and admonished him to leave or he would
knock his head off. He didn't say this
in any extraordinary manner. He didn't
say I'll murder you 1t was merely one
of the many exaggerated expressions
that you and are liable to use.
John Wilson went awayl Oh, had he
staid away John Wilson would have
been living man to-day, and this priso-
ner would not now be on trial for his life.
But instead ofthat he only went away
few steps and returned aroused and in
dignant, "Now knock my head off," said
he. His actions were the most offensive.
He came up in the most aggravaling
manner and with the most insulting ex-
pression-for the sole purpose of aggra-
waiting, tantalizing and deviling. de
presumed that George Draper, weak and
ooyisd as he appeared was too much of a
coward to resent it. All, but George
Draper did, ard he was human, like you
and L. Wss that premeditated? No, 1t
was the outg rowth OF a sudden burst of
passion, and was manslaughter."
After Mr.. Conrad's most able and
earnest effort, Alto rney General Pen
nington delivered the closing address. He
was speaking when we left tor Winning
ton on the seven o'clock train.
After the Attorney General had closed
the Judge charged the Jury and it re-
tired.