The daily gazette., 1879-12-11
WILMINGTON. DEL THURSDAY, DECEMBER II. 1873,

OF enormous bodily h@rin n II Is Ques-
uon Tor the jury to consider and decide
ana II they caupot feel that Dugan wa In
such danger he cannot escape q verdict
Of lelOniOus homicide.
The other testimony in the murder
scene was summed up by the Chef JUS
uce, who drew from this the conclusion
mat 1t does not appear at all that Dugan
used any means to get McGaughey out
OF bis house; McGaughey said to Dugan
you e or ab-, according to testimony
ana Dugan replied, "you have been try
ing to raise a fuss with me aud III have
u cut with you now" Dngan rIshed at
him and then went out into the bar room
while M Gaughey and Rowe went over
IN the corner and conversed, the latter's
hands ON tbe.e,ber's shoulders Dugan
soon returned and fired the shot. Cole
man says that Dugan got the pistolin m the
bar room or minutes before he got
pack, aud also says that he got the pistol
before the blow, having come out Of the
siiting om before McGaughey en- cred
IT.; while McGaughey says Dugan went
out and got the pistol after the blow and
Caven corrobOrates him. Caven also
s'tld 70 him as he stood pistol in hand,
"Hughey don't do that" but he did not
heed. anu turned and fred Into KO we's
head The bullet intend tor NJ &c aughey.
mere are some discrepancies IN the tes
'imcns, and IL is the jury duty to ex-
anime and rec lnciIe It " posi- BILE if not
10 give creder CO 10 one more worthy of
belief.
With r. gard TO the attempt to mpeach
McGAuRhey's testimony, court held Il at
tIo law presumes that every man has a
good character which includes truth and
veraciiy, and 4 was the .jury's task to de-
cide whether or not ho was prrson
worthy of belief McGaughey wa sup
ported by Caven, who says he was there.
Ills testimony Is not imreached, and the
court held tbat his evidence must be
considered III determining whether Nc
Gaughey was t. uthful or not
The jury must make up the verdict
upon the evidence and the declaration
| D. the prisoner. The jury must take all
the prisoner said at the time, aud while
required to do this, they are no; r, quir.
Ell to believe all the prisoner said. Ii he
Is contradicted by equally reliable tcsti-
mony his statement must be rejected In
4, tar AZ 1T is denied. At the time he
gave himself up the prisoLer told Sr.
seant Whelan that he had shot at Nc
Gaugh'y y as the door was opened for
him and hit Rowe; all the others testify
u 'ughey was In the house, and this part
ec:ed.
The law Of possession was next laid
down, any man may use any necessary
means TO prevents tresspasser from cOm
ing IN, aud II he gets 10 aud refuses to
60 out the occupant has u right TO ex-
pei tim and overcome him to any ex-
tcut that may be necessary. The law Of
If defense " b, II a mani Is no in his
own house Is that he mu rerreat as far
~ lie eau before using violence and then
I. justify killing ii must be last resort
I a-alust d. ath or great bodily harm.
In conclusion the court said tkat the
jury could not help knowing of the Oc'
currence; the consequence was the kill
ing of Rowe, and Dugan is guilty of any
crime that he would have been had he
killed McGaughey. lfthe shot was fired
iu seif-defense IL was the duty of the jury
to acquit him; If not then be should be
| convlc ed OF any grades the jury may
think fit from the law and the fac's.
The delivery Of the charge occupied
80 minutes aud at SAG the jury retired to
their chamber to dell berate upon ver-
| dict.
The jury having retired to their cham
| Der, court continued in session, until IL
O'Clock, waiting for verdict, and up TO
that hour nothing had been heard as to
the result of their deliberations. Word
was brought down about that time that
| the jury has retired to bed for the night
| and count took recess until the next
morning. There was rumor that the
jury haj found verdict and had gone tC
bed, inte nd ng to wait until morRing tC
bring il into court. This is probably in
correct.