Daily Republican., 1880-05-12
TME 0UyRrs.
=. Thempssn Simmer Cenyietes---
Tne Chief Jastiee's charge = Ar.
raignmeus OF Praseners - Cath.
arfne Mnsx Gets Three MOnths.
-.

rdlH BneUt Oh FFhbU8eFb - Ohsbs
srine nansx Gets Three Months.
Specially reported for tbs RErUnrcAs.
NRw CASTLE, May 1lth, 1880.
At the time the msil closed yestey-
day, the attorneys in the case Of State
vs. J. Thompson Simmons had conclu-
ded their Argument and Chief Justice
Comegys commenced his charge which
was brief bat pointed against the pTis
oner. He said that in the discussion Of
this question the learned counsel on
beth sides had INDUCED in a great deal
Of unnecessary argument and their ad-
dresses were marked with considerable
impassioned e!oqusnos for which there
was no reason whatever. The case was
perfectly clear one and had narrowed
itself down to q mere question Of ex.
tent. There is no room whatever left
to doubt the Committal Of the assault
and the defense has made no attempt
whatever 70 explain 1t away. y
There 10 not the least doubt that
Simmons did infict 3 wound upon
Daley with q deadly weapon which
wound might have proved fatal. II
the testimony is 10 be believed there
can scarcely be any doubt chat the
prisoner intended 10 take the life ol
Daley. The defense here failed ID
prove that the prisoner was 80 madden
ed or infurtiaed through liquor as to be
Incapable Of accomplishing any design.
The intent is thing hidden, and which
eanno, be aseertainsd except by a con-
sideration OF the results and the means.
II q man advances towards you in q
threatening manner with knife, with.
out speaking Of his intent, you would
consider he intended TO do what his &C
ton implied. There is no proof that
the prisoner was not Gsnsoious Of what
he was dsing by reason Of the effects Of
drink.
The couneel for the defence has told
you that there was q feud OF long
standing between these men, but if the
prisoner was so unconscious Of What he
was doing how could he recognize
Daley as his enemy, and why should
he assault him =! There was state Of
bad feeling between them, and an act
Of violence, such as this cutting with q
knife, was the natural expression Of
such feeling. Unless you can believe
that the prisoner was suffering from the
effect OF strong drink 10 such an extent
that he did not know what he was do.
ing, you must find him guilty, and the
law has determined that this madness
must extend TO what is known as "de-
lirium tremens."
You have nothing to do with the ap-
peal made to you by the counsel on ae-
count OF the feelings Of the wife, chill
dren and relatives Of the prisoner,
neither have you any thing to do, with
either the justice or injustice Of the
criminal laws Of either your own or
other States. II is for you to find q
verdict without regard 70 the laws. II
Daley had died from,ths effects OF this
wound, the prisoner would have been
guilty Of murder. tits as much malice
to so use an instrument that will kill
another, as If the intent had been
previously expressed, and as much
murder as IL would have been to lay in
wait for his victim. You have nothing
to do with whether the quarrel was the
result Of religious or political differ
enees or not. There is no dispute over
anything but the design. II you be-
lieve he had no intent to kill, yoa may
aequit the prisoner, but yonr con-
sciences must be fully satisfied before
you return such verdict.
At 2 O'Clock the Jury returned to
their chambers and recess for din
nsr was taken. Associate Justice Hous-
ton remaining on the bench To receive
the verdict il the Jury should soon re-
turn.
At 2.l5 o'clock the bell rang and .
rush was made for the court house for
II wss known that the Jury had already
agreed upon verdict. The prisoner
knew that the verdict was against him,
and was prepared to receive it and
when the foreman pronounced the word
his face flushed slightly but
he bore up with wonderful 6rmnsss
AFTHRsooE SESSION.
Court commenced at 3 o'clock.
The Grs. case called was that OF L. J.
Rigney, charged with embezzlipg the
funds Of the Shields Library Associa-
tion, OF which he was Treasurer. The
defendant not being present on account
of sickness the case was postponed un-
til to morrow, when his surety pronis.
cd to have him present. W. g. White
Icy is counsel for the defense.
VIM. Neal, the colored man, who is
sharged with committing a rape on Mrs.
Margaret Gosser Of Blaekbira Hundred,
against when q true bill WAS found,
was arraignsd and plead "nst guilty"
Having no counsel, the court assigned
Higgins, ESQ.,, to defend him.
State vs.. Catharine Sirex being
ready a Jury was empaueled. Thomas
Davis represented the State and Harry
Sharpley the defendant.
Mary White being called testified
that Cathsrins Sinex came to her
house one night the latter part Of
March or first Of April and asked to he
taken in aud asked to be kept over
night. She was taken in and kept
hut in the morningit was found that
Sinex had departed and had
taken with her . dress and shawl in
the keeping Of Mrs. White. The
shawl was loaned to her by Martha
King to wear through the winter. The