Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-10-22

aNlilllii III iiiill 'Ni AZ ~ " NitNh
Mr. Bingham began the opening argument
for the State
FRIDAY, Oct. Il.
In the case OF State VS.. Wood and Smith
States Attorney Peck made the closing ar
gument for the prosecution this morning.
Al about 10 O'Clock Judge Pierpoint com
menced his charge to the jury, closing at
half-past one. Judge Pierpoint first defined
the degrees of murder under our statutes.
He then reviewed the facts in the case. If
you, said judge Pierpoint, find that the re
spondents deliberately planned TO take
Smiths life, by premeditated purpose or
put themselves, in readiness for an occasion
TO present itself to commit the deed, Won are
TO return a verdict of guilty of murder in the
first degree. If you find no previously form
ed inteniion-no elaboration - and that
Smith was coming TO take the horse con-
trary TO their expectation and that thercat
the respondents drew their revolvcrs, il
might not be a crime of the first degree-it
would be murder in the second degree. Judge
PierpOint then further elaborated the dstinc-
ton between the degrees, and continued
But if from evidence it is shown that the
crime is murder in the secocd degree you are
to find accordingly. You can find one guilty
and the other not.
The nature of the wounds was next con
sidered, and the jury was instructed that
they must find that the congestion of the
lungs resulted from the wound inflicted by
one of the respondents to hold that respond
ent guilty. This is very important ques-
ton Ii YOU find that death did not cnsue
from the chest wound you can not find that
respondent guilty. The respondents viz
tualy admit that one of them killed Smith
Was the killing justifiablc it in self-dc-
fence? How did il happen that both re-
spOndcnt were armed-arc these parties
guilty Of having prepared themselves to take
this mans life when the occasion should
arise Smiths dying declaration mot signed
by him or read TO him 10y the officer taking it,
must be weighed in connection with the
other facts. Possibly he did not tell all that
occu'rcd-but what he did state must he
taken as true. The legal principles were
then discussed at length, as to the question of
sclf-dcfencc. Ii Mrs. Smith went out for the
sole purpose Of pulling her husband from
her father she had an undoubted right and
Smith had no right to assail her if he I'm
dertOuk to get her revolver and was shot
in 50 attempting, Mrs. Smith is not
| guilty as charged. If she came mp, rs Smith
says, and fired she was not justified. Ii she
acted 10y Fermentation and in concert with
| her father, both are responsible. If you are
satisfied that the wound in the abdomen
must have proved fatal then Wood must be
held guilty Of murder in the first degree.
AT the hour Of adjournment for the day
the jury was still out.
The greater part Of the afternoon was TAX
en- up with hearings in divorce cases. Jane
NJ. Steady was granted divorce from Tim
othy Steady, on the grounds of intolcrable
severity and dcscrtion, and awarded the
custody of the child In Carpenter vs. Car
pcntcr a bill was denied and two other
cases are still pending.
SAIrEDAY, oct. 10.
| AT 10 O'Clock last evening, the jury in tie
| Wood Smith murder case brought in a yer
! Iicf If # ,,tt-I.r tl.n second de.