The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-06-21
Mlnnt ConstItntcs Mnr,Ier,


this time in the year for many years pas" "
What Constitutes Murder?
A singular trial apd.an equally singular
verdict considering the place. have oc.
Cured down South, at Atlanta, Ga. The
facts of the case as they came out on the
trial are these Samuel Hill killed John
Simmons for criminal intimacy with his
wife. The Hills were in fair circum-
stances, the husband being IN agent and a
good deal OF the time away from home.
Simmons kept drug store. He had a
wife and family, but seems to have passed
good deal Of his time with other women
at places Of questionable repute, and al
dances Of the Mabile order. Mrs. Hill
was his companion often, passing under
another name. The men engaged were
mostly married, but the women were moi
their wives by any means. Mrs
Hill at times dressed in tights for society
admiration. Sometimes she attired her
self as man, and with boon companions
of either sex led devious life. Simmons
talked freely OF her to his associates and IT
was understood among them that she wa:
one OF the fast women Of the place. Hel
husband heard oil the goings on, and in thu
course OF time got very mad. At last h,
concluded he would shoot Simmons. He
aimed well, and killed his man at the frs
fire. At the trial he made very dramatic
appearance. He was permitted to make
statement to the jury. Beginning with .
call upon God to strike him dead in his
tracks il he varied from the truth, be
talked two hours and half. lie declared
that his heart was broken, (which was
probably slight departure from the actu,
nj facts, that he had loved his wife and
still loved her; that they lived one contin.
ual honeymoon; that Simmons by VIC.
lence alienated her from duty; that he
killed him because he invaded the society
OF his home; he would do the same thing
again; aud il he had done wrong he was
ready to die and would die like a man.
Notwithstanding the strong array OF testi.
mony to the bad character OF Mrs. Hill and
her husbands confession of the murder,
the popular expectation had all along been
that Hill would be acquitted. The surprise
at his conviction was great in Atlanta.
The explanation OF Hills conviction is
found in the charge OF the Judge to the
jury. According an Atlanta dispatch
"He held that il man catches Sc.
ducer or paramour IN fdgr1nte delictu with
his wife he may not be guilty of murder
II he kills hiniln'the spasm Of passion en-.
gendered by this sight; that II seducer
or paramour is trying to seduce or com.
init adultery with wife, the husband
may interfere, but only to such an extent
US will stay the purpose or cut it short;
but il, after the act has been performed,
and cooling time has elapsed, the husband
deliberately looks up the seducer or para.
mour and shoots him down, the act is
murder, and can be made nothing else.
No matter what the details are, or the
provocation, this general principle OF law
stands"
We can well credit fhe author Of this
dispatch when he adds the following
sentences:
when this delivery was made, it was
felt that Hills chances were desperate, as
this principle Of law covered his case, The
charge was received with deep astonish.
ment and restleSsness. II was entirely
new law to most OF the hearers, and had a
visible effect on the jury. 1t Is said that
the jury was largely for acquittal, but that
after this charge they changed rapidly.
Judge llillyer said that he had only de.
hYered the law as it is written, and that
he felt i to be his duty to do so, regard
less OF the consequences"
1t seems that the people Of Atlanta are
not generally disposedt accept this charge
OF the Judge as good law in that commu.
NIFTY. Another dispatch says:
"'Despite this verdict we put debauchers
on notice that the shotgun will still be
used TO avenge the ruin Of wife. There
is more regret expressed at the overthrow
Of this pistol right than there is at Hills
conviction, although he has general sym.
pathy."
The people OF Atlanta seem to think
more OF another decision once rendered in
their State, which was to the effect that
killing u man who had committed such a
crime as that OF Simmons was ALWAYS
justitiable on the ground that there could
be no cooling time; that the longer the
time the the hotter the man became" who
had suffered the wrong,
We presume, despite the finding of the
jury, that the man Hill will not be hung.
Men are not generally hung for such
crimes in any part of the country, and
least Of all in the South. The finding Of
such verdict, however, is an event of
importance in the South. Like the case
OF Poiudexter, it shows that there is at
least growing sentiment against the use
OF the pistol. This is good sign Of itself,
without reference to the moral or legal
principle involved in this particular case.
BErnsDA WArRR is crystal clear, spark.
ling and mos grateful draugh. Nature
never disguised a more potent remedy
q , =