Daily Republican., 1881-11-30
THE END DRAWING NEAR.
PROUEEDINGI THE "a RBERRY
CASE YEsrERDAY AFTERNOON.
AttOrney.Heneral Gray's Ci"sinE
Argument for the State-The
Chief Justices Charge
10 the Jury.

tlOn. 1e Sdl'l bDaC MS uuty was very
disagreeable one; pity that old man
in the dock, l pity his suffering family
sitting here with pale and tear STAINED
faces, out | must 60 still further,
must show a picture that has not yel
been shown, the picture of the widowed
wife and orphaned children made so by
the act of Morris Carberry, who brought
Samuel II. Adams to bloody grave.
On the 10Th of last April we find the
prisoner at the bar a Waterman at the
Old Ferry Mill; he was an efficien,
watchman, gentlemen, say this, and |
believe it, and will not devrac5 one
iota from whatever belongs to this un
fortunate old man.
On that bright spring morning, Sam.
uel II. Adams lett his home az hundreds
of others were doing for the place he
earned his daily bread. he had left
his little family happy and contented,
and with his dinner kettle in his hand;
and his coat on his arm, arrived at the
mill about twenty minutes of seven,
and passed through the door u at was
most convenient to his work.
Mr.. Mendenhall, MI. Davis, Mr.. Nc
Caiferty and Others have told you that
there was no order to prevent him, or
any other workman from passing
through that way.
Adams was passing on tn ough to his
work when ho was stopped by Mr.. Nc
CafierLy, who asked hun to cut sone
iron, when he answered him IN % re-
specttul manner, saying that he would;
ust as he st 4rted to 20 TO the shears he
was confronted by Carberry, who in IN
overbearing manner ordered him odt,
and not satisfied with that, pushed him
some twelve feet against a bench;
Adams was not aggressive, on the con-
trary the witnesses nave testified that
he did not even seem angry, but h, was
determined. On the Utner nand 1t has
been shown that Carbrrry Was angry,
and his anger riSlng all the time, lie
drew the pistol, aud i1JurlShlug 1t with
ina few inches Of Adams, swore that
fearful oath: oil how wonder that
Adams, young, strong and powerful rs
he was, did not ut tnat moment seIze
upon Carberry and daShing him to the
glound, Throttle him; he would have
been justified in SO doing, but no, he
had no desire to inju ure Carberry; when
he saw from the workings of lAe nuts
Cles OF Carberry's face, that he really
meant TO shoot him, he stopped down
to pick up the piece OF iron 10 defend
himself with, and the prisoner deub,r-
ately shot him through the heart then,
AZ the diving man III the struggles Of
death fell over on Carberry, he threw
the pistol away and catching Saiuut.
Adams, threw his left arm around him,
and with his right fist rainrd brutal
blows in his face Of that we have moth
ing to say. Samuel u. Adams did not
feel them, they did not in ure HIM, for
he was already a corps; The deadly
bullet had done its fatal work, and
Morris CarDprry was bealing dead
man.
Speaking of the witnesses, Mr.. Gray
said that the counsel for tue defense
had dwelt greatly upon some Silsht
diticrt noes in their statements, and he
said, that lie was glad that The learned
counsel had called his attention TO the
matter, for to his mind thai was the
best proof that had been offered to the
tru.h of their assertions. ledctied the
twelve men OF the Jury TO each give II
statement OF what happened in this
Court room three days ago, and all u.
them agree in every lnjlc particular,
If the witnesses for the State had come
here, and each told precisely the sanc
story, they would not be entitled to be
believed, bat no gentlemen, thcJ came
here and in their anxiety TO tell the
truth, each one told his story of the
shvo'iug as Ii, saw it from his stand
point.
Morris C,rberry had no business to
90 stalking around that mill with y
loaded pistol in his pocket, to shoot
down the workmen.
Another plea the defense has offered,
is accidental shooting if Morris Car
berry killed Samuel II. Adams acci-
dentally, he would have told it to has
counsel the first thing, and don't you
think that we would have hear. of il
on the la 1t trial? no gen'l'men, they
have no defense, and like drowning
men they grasp at strawS II the plea
of accidental shooting prevails, thai Of
self defense falls to the ground.
If Carberry should nave killed Adams
would he not have gone
to that PROSTATE form and endeavored
to raise it up, and if possible stay the
tleetiug breath would he not have ap-
pealed to the bystanderS to assist him? |
but no gentleman he did none of these
things, because the shooting was not ac-
,ideutal it was Intentional and done
it'll malice N his heart.
God forbid that the day should ever
cou. G when the honest, hard working
men Of Wilmington, should be kept to
heir work at he point Of the bayonet
1r the mouth of the pistol, that there
,touid be a death line drawn over
which they dare not pass. That day
will never come, for the wOrkingmen
would rise in their might, and neither
employers or superintcndcnts, let alone
private watchman clothed with IA lit
lie brief authority, would dare attempt
o enforce such rules or orders. Mr..
iray clearly defined what constituted
elf defense, and said that if he was to
meet a man in the street, and draw a
oaded PISTOL upon him, and the man
hould draw sword, and the only way
hat he (the Attorney GeneraD could
ave Ills .pWH lllc, Wouih 10 W oiioooibS
he man, yet in the eyes of the law he
would be murderer, because he had
'ruvoked the fray, just the same as
lorris Carberry had caused the alter
alton.
The law was for the punishment of
rime, and the more violent the crime,
he more complete must the vindication
the law be. Every man who COM
lits an act of violence against his tel-
wv man is presumed to have bsen in
he possession Of his right mind and ,
Judgment ut the time. He then ex-
lained to le jury the different degrees
murder ana what constituted .justi-
able homicide, and said that man
lust be III great personal danger CT
re, or limb, before the law would JUS {
fy him in taking the life OF fellow.
ian.
He said that if the jury believed that I
ne prisoner was in imminent danger ,
imself, or likeIy>to be killed by Adj
ms, then it would be their duty to rem
er u verdict in accordance with that
eliet. He charged the jury that they
lust not only be satisfied that the pris-