The daily gazette., 1881-10-03
THE CARBERRY CASE,
~ goes TO the Jury, who wrestle
with ftfrOm Saturday Evening to
-SnOndav Morning.

Trial for the murder OF Samuel HI.
Adams, col, was given to the jury
Saturday evening Attorney General
tray made the closing argument for
the State during the afternoon session
making strong summary Of the
States evidence, and urging that
strict iustlce be impaired to the pri-
soner. Judge Wootten delivered the
charge of the Court.
The charge, in the opening, defn>
ed murder and Its different grades, as
follows:
Murder is the killing a hum IN be-
ing with malice aforethought, either
express or implied by law; the malice
in all cases of homicide constitutes an
essential ingredient of the crime and
in the absence of malice, either ex~
press or implied, the homicide is res
duced below the crime of murder of
either degree, and amounts to a crime
OF a lower grade, If to any.
AT common law there is but one
degree OF murder, but our Statute
has divided the crime into two de.
grees, the first and second. This
statutory division of the crime
changes it slightly from its character
at common law, but chiefly however
in the punishment inflicted upon Of
tenders. To convict the prisoner of
murder in the first degree you must
be satisfied from the evidence that the
act OF killing was done with express
malice forethought and if you should
not be satisfied that such malice
existed in the mind and heart Of the
prisoner at the time when the fatal
shot was fred, he would not be guilty
of murder of the fret degree, cypress
mdlice bring an essential and neces.
sary element and ingredient to con-
stitute that crime. Bat although the
evidence NAV not satisfy you that the
crime is murder of the first degree, il
may be sufficient to convince you of
the guilt of the prisoner of the lower
grade of crime, that is murder of the
second degree, which may be COM
mitted without the existence of ex-
press malice, if the facts and circum-
stances surrounding the case are
such that the law will imply malice.
Manslaughter Is the u.lawful kill
ing of one person by another with
out malice, express or implied.
The charge continues as follows:
The detense set up aud relied upon Ia
seJ defease. That Is that the prisoner
took The life OF the deceased to save his
OVID, or to prevent the iDfliction Of some
great bodily harm to him by the de-
ceased.
1t appears that Carberry, the prisoner
was watchman at the Old Ferry Roll.
ing Mill in this city, and that the de.
ceased was an employe there, whose
WORK was emitting horse shoe iron. Thorn.
as McCaferty, the foreman at the horse
shoe shop of the Diamond State Iron
Gompany's Old Ferry Mill, aud who
was In that position on the 10Th of April
last, testified that Samuel III. Adams had
charge OF trimming the iron for the
horse shoe shop. That ON the morning
Of the 10Th OF April at forty minutes af-
ter six o'clock be was sitting on bench
waiting for the whistle TO blow, and saw
Adams the deceased coming in; Adams
was what Is called mulatto; be worked
at the shears; when be passed me |
asked him 10 cut horse shoe iron that
was rolled the night before; he said yes
sir, will and made a step off towards
the shears; the whistle, q signal to go 10
work, had blown and passed him to
start the engine, saw Carberry come In
The door, he hallooe1 hey, Adams
stopped, Carberry said you will have to
60 out, he said can't go out, have
business and must go through with
1t, Adams backed to the bench and Car
berry followed him, Adams sat down,
Carberry was four or five steps from
him, Carberry picked up the kettle and
set it outside, Adams sail can't go out
have business to do, Carbsrry said by
I-you shall go out, aud drew a revolt
yer from his hip pocket. Adams was
then between the table and revolver. He
made one step back and picked up a
piece of iron, which was shown to you.
He held 1t down. Carbsrry held the
pistol up aud his elbow bent. Adams
said, "You have fourished that pistol in
my lace three or four timee, don't do IL
again." Carberry said, "Go out" Adams
SAID, "He could not" Carberry said,
"By-- shall..go out.n Then
he fired instantly after he spoke. Car
berry was within two feet OF Adams
when he fired. Carberry th- n threw his
lett arm around Adams neck. Adams
arm, which held the iron, them dropped.
Carberry threw The pistol towards me,
saying, "Be careful of that pistol"
said, ITO hell with you aud the pistol"
Carbsrry when he had his left arm
around Adams neck, slruck him three
blows, and then let go. Adams fell aud
gave one sigh, aud was dead. Carberry
then went out around the horse shoe
furnace. Insten or fifteen minutes saw
a wonnd In Adams left breast. 1t was
a small hole, and there was little bleed.
ing.
Adams, body was laid on the table
until the coroner: and doctor arrived
three or four hourse after. Iye seen
men come In the door that Adams entered
there was no rule to witness know
ledge preventing men from entering that
door " hen going to work /; was speaking
to Adams about his work when Car
berry came in; Adams cut iron by con-
tract and employed his own men. These
: are the outlines and substance OF the
facts surrounding this terrible tragedy,
and from them or rather from the evid-
euce as you understand and remember
II to be, you are, on its application to the
law as | shall give 1t to you, to consider
, and determine whether the fatal shooting
by the prisoner was done, and was nee
essary 10 be done in self defense, that
Is to save his own life, or to prevent the
infllction of some great bodily harm 10
and upon him by the deceased.
Now as we understand the law OF sell
| defense tn he and as IL has been repeat-